40-13-203. Criminal penalties.
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/ut/title-40/chapter-13/40-13-203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
40-13-203. Criminal penalties.
(1)It is unlawful for a person to intentionally or knowingly:
(a)for the purpose of evading this chapter or an order issued under this chapter, make or cause to be made a false statement, representation, or certification in a report, record, account, or memorandum required by this chapter or by the order;
(b)omit or cause to be omitted from a report, record, account, or memorandum, a full, true, and correct entry as required by this chapter or by an order;
(c)fail to make a statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter or an order issued under this chapter;
(d)remove from this state or destroy, mutilate, alter, or falsify a record, account, or memorandum; or
(e)fail or refuse to comply with:
(i)an order issued under Section 40-13-201 ; or
(ii)an order incorporated in a final decision issued by the board under this chapter, except an order incorporated in a decision under Subsection 40-13-202(6) .
(2)A person who violates Subsection
(1)is guilty of a class B misdemeanor, and upon conviction, for each violation, is subject to:
(a)a fine of not to exceed $1,000 as provided in Section 76-3-301 ;
(b)imprisonment for a term not to exceed six months as provided in Section 76-3-204 ; or
(c)both a fine and imprisonment.
(3)If a permittee violates Subsection (1), a director, officer, or agent of the permittee may be held criminally responsible in accordance with Section 76-2-205 .
(4)A criminal proceeding for a violation described in Subsection
(1)shall be commenced, as provided in Section 76-1-302 , by no later than two years from the date of the alleged violation.
(5)The division or board may impose a civil penalty under Section 40-13-202 in addition to prosecution under this section.
Enacted by Chapter 152 , 2025 General Session