§ 13-52-301 — Division enforcement authority -- Administrative fine.

(1) Subject to Subsection (2), the division may enforce the provisions of this chapter by:
(1)(a) conducting an investigation into an alleged violation of this chapter;
(1)(b) issuing a cease and desist order against a further violation of this chapter;
(1)(c) imposing an administrative fine of up to $2,500 for each violation of this chapter; and
(1)(d) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter.
(2) In a court action by the division to enforce a provision of this chapter, the court may:
(2)(a) declare that an act or practice violates a provision of this chapter;
(2)(b) issue an injunction for a violation of this chapter;
(2)(c) order disgorgement of any money received in violation of this chapter;
(2)(d) order payment of disgorged money to an injured purchaser or consumer;
(2)(e) impose a fine of up to $2,500 for each violation of this chapter; or
(2)(f) award any other relief that the court deems reasonable and necessary.
(3) The division shall, in its discretion:
(3)(a) deposit an administrative fine collected under Subsection (1)(c) in the Consumer Protection Education and Training Fund created in Section 13-2-8; or
(3)(b) distribute an administrative fine collected under Subsection (1)(c) to a customer adversely affected by the solar retailer's failure or violation resulting in a fine under Subsection (1)(c), if the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer.
(4) Nothing in this chapter may be construed to affect:
(4)(a) a remedy a customer has independent of this chapter; or
(4)(b) the division's ability or authority to enforce any other law or regulation.

Legislative History

Amended by Chapter 136, 2024 General Session