In determining whether to investigate, contact, or request information from a person in the enforcement of this chapter, the division shall consider:
(a)
whether a complaint, information, or evidence reasonably justifies further division inquiry;
(b)
the burden contact, investigation, or providing information places on the person;
(c)
the result of a previous investigation of the person, including whether the previous investigation suggests that the person did not violate this chapter;
(d)
whether the person may benefit from receiving information about requirements under this chapter; and
(e)
the potential gravity of harm to consumers, considering price, availability, and volume of a good or service.
(3)
In enforcing this chapter, the division may not publicly disclose the identity of a person the division investigates unless:
(a)
the person's identity is a matter of public record in an enforcement proceeding; or
(b)
the person consents to public disclosure.
(4)
In determining whether to impose penalties against a person who violates this chapter, the division shall consider:
(a)
the person's cost of doing business not accounted for in the total cost to the person for the good or service, including costs associated with a decrease in the supply available to a person who relies on a high volume of sales;
(b)
the person's efforts to comply with this chapter;
(c)
whether the average price charged by the person during the 30-day period immediately preceding the day on which the state of emergency is declared is artificially deflated because the good or service was on sale for a lower price than the person customarily charges for the good or service; and
(d)
any other factor that the division considers appropriate.
(5)
(a)
If the division finds that a person has violated, or is violating, this chapter, the division may:
(i)
issue a cease and desist order; and
(ii)
subject to Subsection (5)(b), impose an administrative fine for each violation of this chapter.
(b)
Each instance of charging an excessive price under Section 13-41-201 constitutes a separate violation, but in no case shall the administrative fine imposed under Subsection (5)(a) exceed double the excessive portion of the price the person charged.
(6)
The division may sue in a court of competent jurisdiction to enforce an order under Subsection (5).
(7)
In a suit brought under Subsection (6), if the division prevails, the court may award the division:
(a)
court costs;
(b)
attorney fees; and
(c)
the division's costs incurred in the investigation of the violation of this chapter.
(8)
All money received through an administrative fine imposed, or judgment obtained, under this section shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-109.
Section 13-41-202 ("Enforcement -- Penalty.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 13-41-202?
A common citation format is "Utah Code § 13-41-202" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 13-41-202 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
