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2025 Utah Code
Title 61 - Securities Division - Real Estate Division
Chapter 1 - Utah Uniform Securities Act
Section 31 - Determining amount of fine.
Universal Citation:
UT Code § 61-1-31 (2025)
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Effective 5/12/2020
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:
Amended by Chapter 77, 2020 General Session
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;
- (8) any direct or indirect compensation or economic benefit the person committing the violation received; and
- (9) such other matters as justice may require.
Amended by Chapter 77, 2020 General Session
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