61-1-31. Determining amount of fine.
198 words·~1 min read·
/ut/title-61/chapter-1/61-1-31A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/12/2020
61-1-31. Determining amount of fine.
For the purpose of determining the amount of a fine imposed under this chapter, the commission or court shall consider the following factors:
(1)the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;
(2)the harm to other persons resulting either directly or indirectly from the violation;
(a)the cooperation by the person in any inquiry conducted by the division concerning the violation;
(b)efforts by the person to prevent future occurrences of the violation; and
(c)efforts by the person to mitigate the harm caused by the violation, including any disgorgement or restitution made to other persons injured by the acts of the person;
(4)the history of previous violations by the person;
(5)the need to deter the person or other persons from committing the violation in the future;
(6)whether the person exercised undue influence;
(7)whether the person knew or should have known that the investor was a vulnerable adult;
(8)any direct or indirect compensation or economic benefit the person committing the violation received; and
(9)such other matters as justice may require.
Amended by Chapter 77 , 2020 General Session