31A-23a-1005.  Investigations.

(1)  To enforce the provisions of this part, including Section 8 of RESPA, the division may conduct a public or private investigation within or outside of the state as the division considers necessary to determine whether a person has violated a provision of this part, including Section 8 of RESPA.

Terms Used In Utah Code 31A-23a-1005

  • Contract: A legal written agreement that becomes binding when signed.
  • Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 31A-23a-1001
  • 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: includes :
(a) an individual;
(b) a partnership;
(c) a corporation;
(d) an incorporated or unincorporated association;
(e) a joint stock company;
(f) a trust;
(g) a limited liability company;
(h) a reciprocal;
(i) a syndicate; or
(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • RESPA: means the federal Real Estate Settlement Procedures Act, 12 U. See Utah Code 31A-23a-1001
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    • (2)  For the purpose of an investigation described in Subsection (1), the division may:

    (a)  administer an oath or affirmation;

    (b)  issue a subpoena that requires:

    (i)  the attendance and testimony of a witness; or

    (ii)  the production of evidence;

    (c)  take evidence;

    (d)  require the production of a book, paper, contract, record, other document, or information relevant to the investigation; and

    (e)  serve a subpoena by certified mail.

    (3) 

    (a)  A court of competent jurisdiction shall enforce, according to the practice and procedure of the court, a subpoena issued by the division.

    (b)  The division shall pay any witness fee, travel expense, mileage, or any other fee required by the service statutes of the state where the witness or evidence is located.

    Enacted by Chapter 475, 2019 General Session

    Technically renumbered for proper placement in chapter.

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