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2025 Utah Code
Title 13 - Commerce and Trade
Chapter 52 - Residential Solar Energy Consumer Protection Act
Part 3 - Enforcement
Section 301 - Division enforcement authority -- Administrative fine.
Universal Citation:
UT Code § 13-52-301 (2025)
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Effective 5/1/2024
13-52-301. Division enforcement authority -- Administrative fine.
Amended by Chapter 136, 2024 General Session
13-52-301. Division enforcement authority -- Administrative fine.
- (1)Subject to Subsection (2), the division may enforce the provisions of this chapter by:
- (a)conducting an investigation into an alleged violation of this chapter;
- (b)issuing a cease and desist order against a further violation of this chapter;
- (c)imposing an administrative fine of up to $2,500 for each violation of this chapter; and
- (d)the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter.
- (2)In a court action by the division to enforce a provision of this chapter, the court may:
- (a)declare that an act or practice violates a provision of this chapter;
- (b)issue an injunction for a violation of this chapter;
- (c)order disgorgement of any money received in violation of this chapter;
- (d)order payment of disgorged money to an injured purchaser or consumer;
- (e)impose a fine of up to $2,500 for each violation of this chapter; or
- (f)award any other relief that the court deems reasonable and necessary.
- (3)The division shall, in its discretion:
- (a)deposit an administrative fine collected under Subsection (1)(c) in the Consumer Protection Education and Training Fund created in Section 13-2-8; or
- (b)distribute an administrative fine collected under Subsection (1)(c) to a customer adversely affected by the solar retailer's failure or violation resulting in a fine under Subsection (1)(c), if the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer.
- (4)Nothing in this chapter may be construed to affect:
- (a)a remedy a customer has independent of this chapter; or
- (b)the division's ability or authority to enforce any other law or regulation.
Amended by Chapter 136, 2024 General Session
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