State Codes and Statutes
Statutes > Utah > Title-13 > Chapter-22 > 13-22-313-22-3. Investigative and enforcement powers -- Education.
(1) The division may make any investigation it considers necessary to determine whetherany person is violating, has violated, or is about to violate any provision of this chapter or anyrule made or order issued under this chapter. As part of the investigation, the division may:
(a) require a person to file a statement in writing;
(b) administer oaths, subpoena witnesses and compel their attendance, take evidence, andexamine under oath any person in connection with an investigation; and
(c) require the production of any books, papers, documents, merchandise, or othermaterial relevant to the investigation.
(2) Whenever it appears to the director that substantial evidence exists that any personhas engaged in, is engaging in, or is about to engage in any act or practice prohibited in thischapter or constituting a violation of this chapter or any rule made or order issued under thischapter, the director may do any of the following in addition to other specific duties under thischapter:
(a) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the directormay issue an order to cease and desist from engaging in the act or practice or from doing any actin furtherance of the activity; or
(b) the director may bring an action in the appropriate district court of this state to enjointhe acts or practices constituting the violation or to enforce compliance with this chapter or anyrule made or order issued under this chapter.
(3) Whenever it appears to the director by a preponderance of the evidence that a personhas engaged in or is engaging in any act or practice prohibited in this chapter or constituting aviolation of this chapter or any rule made or order issued under this chapter, the director mayassess an administrative fine of up to $500 per violation up to $10,000 for any series of violationsarising out of the same operative facts.
(4) Upon a proper showing, the court hearing an action brought under Subsection (2)(b)may:
(a) issue an injunction;
(b) enter a declaratory judgment;
(c) appoint a receiver for the defendant or the defendant's assets;
(d) order disgorgement of any money received in violation of this chapter;
(e) order rescission of agreements violating this chapter;
(f) impose a fine of not more than $2,000 for each violation of this chapter; and
(g) impose a civil penalty, or any other relief the court considers just.
(5) (a) In assessing the amount of a fine or penalty under Subsection (3), (4)(f), or (4)(g),the director or court imposing the fine or penalty shall consider the gravity of the violation andthe intent of the violator.
(b) If it does not appear by a preponderance of the evidence that the violator acted in badfaith or with intent to harm the public, the director or court shall excuse payment of the fine orpenalty.
(6) The division may provide or contract to provide public education and voluntaryeducation for applicants and registrants under this chapter. The education may be in the form ofpublications, advertisements, seminars, courses, or other appropriate means. The scope of theeducation may include:
(a) the requirements, prohibitions, and regulated practices under this chapter;
(b) suggestions for effective financial and organizational practices for charitableorganizations;
(c) charitable giving and solicitation;
(d) potential problems with solicitations and fraudulent or deceptive practices; and
(e) any other matter relevant to the subject of this chapter.
Amended by Chapter 382, 2008 General Session
