13-34-111 - Referral of suspected violations -- Penalty.
13-34-111. Referral of suspected violations -- Penalty.
(1) The division may report any information concerning a possible violation of thischapter or of rules made under this chapter to the attorney general, the county attorney, or districtattorney of any county or prosecution district in which the activity is occurring or has occurred.
(2) The attorney described in Subsection (1) shall investigate the complaint andimmediately prosecute or bring suit to enjoin an act determined to be a violation of the chapter orrules.
(3) (a) In addition to other penalties and remedies in this chapter, and in addition to itsother enforcement powers under Section 13-2-6, the division director may:
(i) issue a cease and desist order; and
(ii) impose an administrative fine of up to:
(A) $100 per day that a proprietary school operates without an effective certificate ofregistration if the violation is not an intentional violation;
(B) $1,000 for each violation of this chapter that is not:
(I) described in Subsection (3)(a)(ii)(A); or
(II) an intentional violation; or
(C) $5,000 for each intentional violation of this chapter.
(b) All money received through administrative fines imposed under Subsection (3)(a)shall be deposited in the Consumer Protection Education and Training Fund created by Section13-2-8.
(4) An intentional violation of this chapter is a class B misdemeanor, except as otherwiseprovided in Subsection 13-34-201(2).
(5) A person intentionally violates this chapter if:
(a) the violation occurs after one of the following notifies the person by certified mailthat the person is in violation of the chapter:
(i) the division;
(ii) the attorney general; or
(iii) a district or county attorney; and
(b) the violation is the same as the violation for which the person received thenotification described in Subsection (5)(a).
Amended by Chapter 242, 2005 General Session