13-83-106. Enforcement -- Rulemaking.
(1) The division shall administer and enforce the provisions of this part.
(2) The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules: establishing the time period, format, and content requirements for records maintained under Section; and 13-83-104 establishing the form, content, filing date, and submission procedures for the report described in Section. 13-83-105
(3) In addition to the division's enforcement powers under Title 13, Chapter 2, Division of Consumer Protection: the division director may impose an administrative fine of up to $2,500 for each violation of this part; and the division may bring an action in court to enforce a provision of this part. In a court action by the division to enforce a provision of this part, the court may: declare that the act or practice violates a provision of this part; enjoin actions that violate this part; order disgorgement of any money received in violation of this part; order payment of disgorged money to an injured purchaser or consumer; impose a civil penalty of up to $2,500 for each violation of this part; award actual damages to an injured purchaser or consumer; and award any other relief that the court deems reasonable and necessary. If a court grants judgment or injunctive relief to the division, the court shall award the division: reasonable attorney fees; court costs; and investigative fees.
(4) A person who violates an administrative or court order issued for a violation of this part is subject to a civil penalty of no more than $5,000 for each violation. A civil penalty authorized under this section may be imposed in a civil action.
(5) A violation of this part constitutes a deceptive act or practice under Title 13, Chapter 11, Utah Consumer Sales Practices Act.