Utah Code 4-32-111. Additional powers of commissioner

(1)

The commissioner may:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class A misdemeanor	up to 364 days	up to $2,500

For details, see Utah Code § 76-3-204

Terms Used In Utah Code 4-32-111

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 4-32-105
Continuance: Putting off of a hearing ot trial until a later time.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
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.
Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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.

(a)

gather and compile information concerning, and investigate the organization, business, conduct, practices, and management of, any person subject to this chapter;

(b)	require any person subject to this chapter to file information regarding the person’s business or operation as the commissioner requires;

(c)

for the purpose of this chapter, at all reasonable times have access to, for the purpose of examination, and the right to copy, any documentary evidence of any person being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation;

(d)	require the attendance of witnesses and the production of documentary evidence at any place designated for hearing;

(e)	invoke the aid of any court of competent jurisdiction to compel the attendance of witnesses and the production of documentary evidence, in the case of disobedience to a subpoena; and

(f)	order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of the proceeding or investigation.

(2)	In the event a witness asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.

(3)

(a)

(i)	Any person who without just cause neglects or refuses to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in the person’s power to do so, in obedience to the subpoena or lawful requirement of the commissioner is guilty of a class A misdemeanor.

(ii)	A fine imposed for a violation of Subsection (3)(a)(i) may not be less than $500.

(b)

(i)

A person is guilty of a class A misdemeanor if the person:

(A)	willfully makes, or causes to be made, any false entry or statement of fact in any report required to be made under this chapter;

(B)	willfully makes, or causes to be made, any false entry in any account, record, or memorandum kept by any person subject to this chapter;

(C)	neglects or fails to make, or to cause to be made, full, true, and correct entries in those accounts, records, or memoranda, of all facts and transactions appertaining to the business of that person; or

(D)

willfully removes out of the jurisdiction of this state, or willfully mutilates, alters, or by any other means falsifies any documentary evidence of any person subject to this chapter or that willfully refuses to submit to the commissioner or to any of the commissioner’s authorized agents, for the purpose of inspection and making copies, any documentary evidence of any person subject to this chapter within the person’s possession or control.

(ii)	A fine imposed for a violation of Subsection (3)(b)(i) may not be less than $500.

(c)

(i)

If any person required by this chapter to file any annual or special report fails to do so within the time fixed by the commissioner, and the failure continues for 30 days after notice of default, the person shall forfeit to the state the sum of $10 for each day of the continuance of the failure, which forfeiture is payable into the treasury of this state, and is recoverable in a civil suit in the name of the state brought in the district where the person has a principal office or in any district in which he does business.

(ii)	The various county attorneys, under the direction of the attorney general of this state, shall prosecute for the recovery of the forfeitures.

(iii)

The costs and expenses of prosecution shall be paid out of the appropriation for the expenses of the courts of this state.

Renumbered and Amended by Chapter 345, 2017 General Session

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