26B-2-133. Injunctive relief and civil penalty for unlawful child placing — Enforcement by county attorney or attorney general.
| (1) |
The office or another interested person may commence an action in court to enjoin any person, agency, firm, corporation, or association from violating Section 26B-2-127. |
Terms Used In Utah Code 26B-2-133
- Child: means an individual under 18 years old. See Utah Code 26B-2-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Docket: A log containing brief entries of court proceedings.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
- 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) |
The office shall:
| (a) |
solicit information from the public relating to violations of Section 26B-2-127; and |
| (b) |
upon identifying a violation of Section 26B-2-127:
| (i) |
send a written notice to the person who violated Section 26B-2-127 that describes the alleged violation; and |
| (ii) |
notify the following persons of the alleged violation:
| (A) |
the local county attorney; and |
| (B) |
the Division of Professional Licensing. |
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| (3) |
| (a) |
A county attorney or the attorney general shall institute legal action as necessary to enforce the provisions of Section 26B-2-127 after being informed of an alleged violation. |
| (b) |
If a county attorney does not take action within 30 days after the day on which the county attorney is informed of an alleged violation of Section 26B-2-127, the attorney general may be requested to take action, and shall then institute legal proceedings in place of the county attorney. |
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| (4) |
| (a) |
In addition to the remedies provided in Subsections (1) and (3), any person, agency, firm, corporation, or association found to be in violation of Section 26B-2-127 shall forfeit all proceeds identified as resulting from the transaction, and may also be assessed a civil penalty of not more than $10,000 for each violation. |
| (b) |
Each act in violation of Section 26B-2-127, including each placement or attempted placement of a child, is a separate violation. |
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| (5) |
| (a) |
The amount recovered as a penalty under Subsection (4) shall be placed in the General Fund of the prosecuting county, or in the state General Fund if the attorney general prosecutes. |
| (b) |
If two or more governmental entities are involved in the prosecution, the court shall apportion the penalty among the entities, according to the entities’ involvement. |
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| (6) |
A judgment ordering the payment of any penalty or forfeiture under Subsection (4) is a lien when recorded in the judgment docket, and has the same effect and is subject to the same rules as a judgment for money in a civil action. |
Renumbered and Amended by Chapter 305, 2023 General Session
