2016 Utah Code
Title 61 - Securities Division - Real Estate Division
Chapter 1 - Utah Uniform Securities Act
Section 31 - Determining amount of fine.

Effective 5/10/2016
61-1-31. Determining amount of fine.
For the purpose of determining the amount of a fine imposed under this chapter, the commission or court shall consider the following factors:

• (1) the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;

• (2) the harm to other persons resulting either directly or indirectly from the violation;

• (3)
  • (a) the cooperation by the person in any inquiry conducted by the division concerning the violation;
  • (b) efforts by the person to prevent future occurrences of the violation; and
  • (c) efforts by the person to mitigate the harm caused by the violation, including any disgorgement or restitution made to other persons injured by the acts of the person;

• (4) the history of previous violations by the person;

• (5) the need to deter the person or other persons from committing the violation in the future;

• (6) whether the person exercised undue influence;

• (7) whether the person knew or should have known that the investor was a vulnerable adult; and

• (8) such other matters as justice may require.

Enacted by Chapter 401, 2016 General Session