Utah Code 13-41-202. Enforcement — Penalty

13-41-202. Enforcement — Penalty.

(1)	The division shall enforce this chapter.

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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.
Person: means :Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(2)

In determining whether to investigate, contact, or request information from a person in the enforcement of this chapter, the division shall consider:

(a)	whether a complaint, information, or evidence reasonably justifies further division inquiry;

(b)	the burden contact, investigation, or providing information places on the person;

(c)	the result of a previous investigation of the person, including whether the previous investigation suggests that the person did not violate this chapter;

(d)	whether the person may benefit from receiving information about requirements under this chapter; and

(e)	the potential gravity of harm to consumers, considering price, availability, and volume of a good or service.

(3)

In enforcing this chapter, the division may not publicly disclose the identity of a person the division investigates unless:

(a)	the person’s identity is a matter of public record in an enforcement proceeding; or

(b)	the person consents to public disclosure.

(4)

In determining whether to impose penalties against a person who violates this chapter, the division shall consider:

(a)	the person’s cost of doing business not accounted for in the total cost to the person for the good or service, including costs associated with a decrease in the supply available to a person who relies on a high volume of sales;

(b)	the person’s efforts to comply with this chapter;

(c)	whether the average price charged by the person during the 30-day period immediately preceding the day on which the state of emergency is declared is artificially deflated because the good or service was on sale for a lower price than the person customarily charges for the good or service; and

(d)	any other factor that the division considers appropriate.

(5)

(a)

If the division finds that a person has violated, or is violating, this chapter, the division may:

(i)	issue a cease and desist order; and

(ii)	subject to Subsection (5)(b), impose an administrative fine for each violation of this chapter.

(b)	Each instance of charging an excessive price under Section 13-41-201 constitutes a separate violation, but in no case shall the administrative fine imposed under Subsection (5)(a) exceed double the excessive portion of the price the person charged.

(6)	The division may sue in a court of competent jurisdiction to enforce an order under Subsection (5).

(7)

In a suit brought under Subsection (5), if the division prevails, the court may award the division:

(a)	court costs;

(b)	attorney fees; and

(c)	the division’s costs incurred in the investigation of the violation of this chapter.

(8)	All money received through an administrative fine imposed, or judgment obtained, under this section shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.

Amended by Chapter 226, 2021 General Session