Section 402 - Violations -- Actions by division.

UT Code § 13-49-402 (2019) (N/A)
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(1) The division may make an investigation the division considers necessary to determine whether a person is violating, has violated, or is about to violate this chapter or any rule made or order issued under this chapter. As part of the investigation, the division may: (a) require a person to file a statement in writing; (b) administer oaths, subpoena witnesses and compel their attendance, take evidence, and examine under oath any person in connection with an investigation; and (c) require the production of any books, papers, documents, merchandise, or other material relevant to the investigation.

(a) require a person to file a statement in writing;

(b) administer oaths, subpoena witnesses and compel their attendance, take evidence, and examine under oath any person in connection with an investigation; and

(c) require the production of any books, papers, documents, merchandise, or other material relevant to the investigation.

(2) A person who violates this chapter is subject to: (a) a cease and desist order; and (b) an administrative fine of not less than $1,000 or more than $5,000 for each separate violation.

(a) a cease and desist order; and

(b) an administrative fine of not less than $1,000 or more than $5,000 for each separate violation.

(3) An administrative fine shall be deposited in the Consumer Protection Education and Training Fund created in Section 13-2-8.

(4) (a) A person who intentionally violates this chapter: (i) is guilty of a class A misdemeanor; and (ii) may be fined up to $10,000. (b) A person intentionally violates this part if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter.

(a) A person who intentionally violates this chapter: (i) is guilty of a class A misdemeanor; and (ii) may be fined up to $10,000.

(i) is guilty of a class A misdemeanor; and

(ii) may be fined up to $10,000.

(b) A person intentionally violates this part if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter.