13-42-133 - Administrative remedies.
13-42-133. Administrative remedies.
(1) The administrator may enforce this chapter and rules adopted under this chapter bytaking one or more of the following actions:
(a) ordering a provider or a director, employee, or other agent of a provider to cease anddesist from any violations;
(b) ordering a provider or a person that has caused a violation to correct the violation,including making restitution of money or property to a person aggrieved by a violation;
(c) subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6),imposing on a provider or a person that has caused a violation an administrative fine notexceeding $10,000 for each violation;
(d) prosecuting a civil action to:
(i) enforce an order; or
(ii) obtain restitution or an injunction or other equitable relief, or both; or
(e) intervening in an action brought under Section 13-42-135.
(2) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6), if aperson violates or knowingly authorizes, directs, or aids in the violation of a final order issuedunder Subsection (1)(a) or (b), the administrator may impose an administrative fine notexceeding $20,000 for each violation.
(3) The administrator may maintain an action to enforce this chapter in any county.
(4) The administrator may recover the reasonable costs of enforcing the chapter underSubsections (1) through (3), including attorney's fees based on the hours reasonably expendedand the hourly rates for attorneys of comparable experience in the community.
(5) In determining the amount of an administrative fine to impose under Subsection (1)or (2), the administrator shall consider the seriousness of the violation, the good faith of theviolator, any previous violations by the violator, the deleterious effect of the violation on thepublic, the net worth of the violator, and any other factor the administrator considers relevant tothe determination of the administrative fine.
(6) All money received through administrative fines imposed under this chapter shall bedeposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.
Enacted by Chapter 154, 2006 General Session