(1) |
Except as provided in Subsection (3), after a hearing and after receipt of the advisory board‘s recommendation, if the executive director finds that a person has violated this chapter or any rule made under this chapter, the executive director may:
Terms Used In Utah Code 13-35-106
(a) |
issue a cease and desist order; and |
(b) |
assess an administrative fine. |
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(2) |
(a) |
In determining the amount and appropriateness of an administrative fine under Subsection (1), the executive director shall consider:
(i) |
the gravity of the violation; |
(ii) |
any history of previous violations; and |
(iii) |
any attempt made by the person to retaliate against another person for seeking relief under this chapter or other federal or state law relating to the motor vehicle industry. |
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(b) |
In addition to any other action permitted under Subsection (1), the department may file an action with a court seeking to enforce the executive director’s order and pursue the executive director’s assessment of a fine in an amount not to exceed $5,000 for each day a person violates an order of the executive director. |
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(3) |
(a) |
In addition to the grounds for issuing an order on an emergency basis listed in Subsection 63G-4-502(1), the executive director may issue an order on an emergency basis if the executive director determines that irreparable damage is likely to occur if immediate action is not taken. |
(b) |
In issuing an emergency order under Subsection (3)(a), the executive director shall comply with the requirements of Subsections 63G-4-502(2) and (3). |
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Amended by Chapter 382, 2008 General Session