Title 13, Commerce and Trade

13-34-105. Penalties and remedies. (1) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, and elsewhere in this chapter, the division director may, for a violation of this chapter: (a) issue a cease and desist order; and (b) impose …

13-34-106. Denial, suspension, or revocation of registration statement, registration certificate, or state authorization certificate -- Limits on registration certificate and state authorization certificate. (1) In accordance with Chapter 2, Division of Consumer Protection, and T…

13-34-107. Limitation of authority. Except for satisfying the provisions of this chapter and any rule made by the division in accordance with this chapter, nothing in this chapter authorizes the division to regulate educational content or to regulate a postsecondary school's day-…

13-34-108. Prohibited acts. (1) A person may not operate a postsecondary school in this state unless: (a)(i) the person files with the division a registration statement for the postsecondary school that complies with: (A) the requirements of this chapter; and (B) rules made by th…

13-34-109. Required disclosures. (1) As used in this section, "cooling off period" means a three-business day period during which a student may rescind an enrollment agreement and receive a refund of all money paid, except: (a) a reasonable application fee; and (b) a deposit that…

13-34-110. Requirement to provide official transcript and diploma to a student. (1) A postsecondary school shall provide an official transcript or diploma to a student within 60 days of receiving a request from the student or the student's authorized representative. (2) A postsec…

13-34-111. Exemptions. (1) As used in this section, "State Authorization Reciprocity Agreement" or "SARA" means an agreement among member states, districts, and territories establishing comparable national standards for offering interstate postsecondary distance education courses…

13-34-112. Enforcement of contract or agreement -- Rescission based on defective registration statement -- Rescission based on revocation of certificate of state authorization. (1) A postsecondary school subject to this chapter may not enforce in the courts of this state a contra…

13-34-113. Private right of action. (1) A person may bring an action in a court of competent jurisdiction against a postsecondary school that does not comply with this chapter. (2) If a court of competent jurisdiction finds that a postsecondary school violated this chapter, a per…

13-34-201. Registration statement -- Registration certificate -- Renewal. (1) Unless exempt under Section 13-34-111, a person shall file a registration statement and obtain a registration certificate before operating a postsecondary school in this state. (2) Before the division i…

13-34-202. Surety requirements. (1) A postsecondary school required to obtain a registration certificate in accordance with this chapter shall maintain, in a form and amount approved by the division: (a) a surety bond issued by a surety authorized to transact surety business in t…

13-34-203. Record keeping. (1) A postsecondary school shall maintain a student's official transcript and any diploma, degree, or certificate: (a) in an electronic format established by division rule in accordance with Section 13-34-103; and (b) for not less than 60 years. (2) A p…

13-34-204. Reporting material changes to registration statement. (1) A postsecondary school shall notify the division in writing within 30 days of any material change to any information provided in a registration statement. (2) The division may require a postsecondary school to s…

13-34-205. Closure. (1)(a) A postsecondary school that has obtained a registration certificate, but has not obtained a state authorization certificate, may not cease operations unless the postsecondary school provides written notice to the division at least 30 days before the day…

13-34-301. State authorization -- State authorization certificate. (1) A postsecondary school that operates in the state obtains state authorization for purposes of 34 C.F.R. Sec. 600.9 if the division issues to the postsecondary school a state authorization certificate in accord…

13-34-302. Registration statement for state authorization certificate -- Expiration -- Renewal. (1) A postsecondary school may submit a registration statement to obtain a state authorization certificate if the postsecondary school is accredited by an accrediting agency recognized…

13-34-303. Authority to execute interstate reciprocity agreement. (1) As used in this section, "institution of higher education" means the same as that term is defined in Section 53H-1-101. (2) The division may execute an interstate reciprocity agreement that is: (a) for purposes…

13-35-101. Title. This chapter is known as the "Powersport Vehicle Franchise Act."

13-35-102. Definitions. As used in this chapter: (1) "Dealership" means a site or location in this state: (a) at which a franchisee conducts the business of a new powersport vehicle dealer; and (b) that is identified as a new powersport vehicle dealer's principal place of busines…

13-35-104. Powers and duties of the executive director. (1) The executive director shall: (a) administer and enforce this chapter; and (b) make rules for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2)(a) An adju…

13-35-105. Registration -- Fees. (1) A franchisee or franchisor doing business in this state shall: (a) annually register or renew its registration with the department in a manner established by the department; and (b) pay an annual registration fee in an amount determined by the…

13-35-106. Administrative proceedings commenced by the agency. (1) Except as provided in Subsection (3), after a hearing, if the executive director finds that a person has violated this chapter or any rule made under this chapter, the executive director may: (a) issue a cease and…

13-35-107. Administrative proceedings -- Request for agency action. (1)(a) A person may commence an adjudicative proceeding in accordance with this chapter and with Title 63G, Chapter 4, Administrative Procedures Act, to: (i) remedy a violation of this chapter; (ii) obtain approv…

13-35-201. Prohibited acts by franchisors -- Disclosures. (1) A franchisor in this state may not: (a) except as provided in Subsection (2), require a franchisee to order or accept delivery of any new powersport vehicle, part, accessory, equipment, or other item not otherwise requ…

13-35-202. Sale or transfer of ownership. (1)(a) The franchisor shall give effect to the change in a franchise agreement as a result of an event listed in Subsection (1)(b): (i) subject to Subsection 13-35-305(2)(b); and (ii) unless exempted under Subsection (2). (b) The franchis…

13-35-203. Succession to franchise. (1)(a) A successor, including a family member of a deceased or incapacitated franchisee, who is designated by the franchisee may succeed the franchisee in the ownership and operation of the dealership under the existing franchise agreement if: …

13-35-204. Franchisor's obligations related to service -- Franchisor audits -- Time limits. (1) Each franchisor shall specify in writing to each of its franchisees licensed as a new powersport vehicle dealer in this state: (a) the franchisee's obligations for new powersport vehic…

13-35-205. Liability for damages to motor vehicles in transit -- Disclosure required. (1)(a) A franchisee is solely liable for damage to a new powersport vehicle after delivery by and acceptance from the carrier. (b) A delivery receipt or bill of lading, or similar document, sign…

13-35-301. Termination or noncontinuance of franchise. (1) Except as provided in Subsection (2), a franchisor may not terminate or refuse to continue a franchise agreement unless: (a) the franchisee has received written notice from the franchisor 60 days before the effective date…

13-35-302. Issuance of additional franchises -- Relocation of existing franchisees. (1)(a) Except as provided in Subsection (2), a franchisor shall comply with Subsection (1)(b) if the franchisor seeks to: (i) enter into a franchise establishing a powersport vehicle dealership wi…

13-35-303. Effect of terminating a franchise. If under Section 13-35-301 the executive director permits a franchisor to terminate or not continue a franchise and prohibits the franchisor from entering into a franchise for the sale of new powersport vehicles of a line-make in a re…

13-35-304. Hearing regarding termination, relocation, or establishment of franchises. (1)(a) Within 10 days of receiving an application from a franchisee under Subsection 13-35-301(3) challenging its franchisor's right to terminate or not continue a franchise, or an application u…

13-35-305. Evidence to be considered in determining cause to terminate or discontinue. (1) In determining whether a franchisor has established good cause for terminating or not continuing a franchise agreement, the executive director shall consider: (a) the amount of business tra…

13-35-306. Evidence to be considered in determining cause to relocate existing franchisee or establish a new franchised dealership. In determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for…

13-35-307. Franchisor's repurchase obligations upon termination or noncontinuation of franchise. (1)(a) Except as provided in Subsection (1)(b), if a franchise is terminated or not continued by the franchisor or franchisee, the franchisor shall pay the franchisee: (i) the franchi…

13-37-101. Title. This chapter is known as the "Notice of Intent to Sell Nonpublic Personal Information Act."

13-37-102. Definitions. As used in this chapter: (1) "Affiliate" means a person that controls, is controlled by, or is under common control with: (a) a commercial entity; and (b)(i) directly; or (ii) indirectly through one or more intermediaries. (2)(a) Subject to Subsection (2)(…

13-37-201. Required notice. (1)(a) In accordance with this section, a commercial entity shall provide the notice described in this section to a person if: (i) the commercial entity enters into a consumer transaction with that person; (ii) as a result of the consumer transaction d…

13-37-202. Disclosure of nonpublic personal information prohibited without notice. (1) A commercial entity may not disclose nonpublic personal information that the commercial entity obtained on or after January 1, 2004, as a result of a consumer transaction if the commercial enti…

13-37-203. Liability and remedy. (1) As a person's only remedy under this chapter, a person may bring an individual action, not a class action or act in a representative capacity, against a commercial entity in a federal or state court with jurisdiction if: (a) the commercial ent…

13-38a-101. Title. (1) This chapter is known as the "Financial Transaction Card Protection Act." (2) This part is known as "General Provisions."

13-38a-102. Definitions. As used in this chapter: (1)(a) "Financial transaction card" means any card, code, or other means of access to a person's account issued to a person that allows the person to obtain, purchase, or receive any of the following: (i) goods; (ii) services; (ii…

13-38a-201. Title. This part is known as "Financial Transaction Card Receipts."

13-38a-202. Limitation on information contained in receipts. (1) A person that accepts a financial transaction card for the transaction of business may not, on a financial transaction card receipt: (a) print more than the last five digits of the financial transaction card account…

13-38a-203. Private action. (1) A person may bring an action in any state court of competent jurisdiction against a person that violates any of the requirements of this chapter. (2) In an action under Subsection (1), a person may: (a) recover the amount of any actual damages caus…

13-39-101. Title. This chapter is known as the "Child Protection Registry."