Terms Used In Utah Code 13-26-8

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Conviction: A judgement of guilt against a criminal defendant.
• Division: means the Division of Consumer Protection. See Utah Code 13-26-2
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Seller: means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that:

  (a)	on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation: (i)  makes a telephone solicitation; or (ii)  causes a telephone solicitation to be made; or

  (b)

  through a telephone solicitor: (i)  makes a telephone solicitation; or (ii)  causes a telephone solicitation to be made. See Utah Code 13-26-2 solicitor: means an individual who engages in a telephone solicitation on behalf of a seller. See Utah Code 13-26-2 (a)  A seller or solicitor who violates a provision of this chapter is guilty of: (i)  a class B misdemeanor for a first violation; (ii)  if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and (iii)  if the seller or solicitor has two prior violations of this chapter, a third-degree felony. (b)  For the purposes of Subsection (1)(a), a prior violation includes: (i)  a final prior conviction; (ii)  a final determination by a court of competent jurisdiction; or (iii)  a final determination in an administrative adjudicative proceeding.

  (2)	A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.

  (3)

  (a)  The division may: (i)  in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter; (ii)  bring a court action to enforce the provisions of this chapter; and (iii)  in addition to other penalties described in this chapter, issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter. (b)  For purposes of this section, each telephone solicitation made in violation of this chapter is a separate violation.

  (4)	The division shall deposit all administrative fines and civil penalties collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.

  Amended by Chapter 324, 2022 General Session