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:
(a) establishing the time period, format, and content requirements for records maintained under Section 13-83-104; and
(b) establishing the form, content, filing date, and submission procedures for the report described in Section 13-83-105.
(3)(a) In addition to the division's enforcement powers under Title 13, Chapter 2, Division of Consumer Protection:
(i) the division director may impose an administrative fine of up to $2,500 for each violation of this part; and
(ii) the division may bring an action in court to enforce a provision of this part.
(b) In a court action by the division to enforce a provision of this part, the court may:
(i) declare that the act or practice violates a provision of this part;
(ii) enjoin actions that violate this part;
(iii) order disgorgement of any money received in violation of this part;
(iv) order payment of disgorged money to an injured purchaser or consumer;
(v) impose a civil penalty of up to $2,500 for each violation of this part;
(vi) award actual damages to an injured purchaser or consumer; and
(vii) award any other relief that the court deems reasonable and necessary.
(c) If a court grants judgment or injunctive relief to the division, the court shall award the division:
(i) reasonable attorney fees;
(ii) court costs; and
(iii) investigative fees.
(4)(a) 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.
(b) 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.