Utah § 2f-407 - Remedies and action for violations.
Full text of Utah Utah Code § 2f-407 — Remedies and action for violations., with citation guidance and answers to common questions.
§ 2f-407. Remedies and action for violations.
Effective 7/1/2024 61-2f-407.
Remedies and action for violations.
(1)
(a)
The director shall issue and serve upon a person an order directing that person to cease and desist from an act if:
(i)
the director has reason to believe that the person has been engaging, is about to engage, or is engaging in the act constituting a violation of this chapter; and
(ii)
it appears to the director that it would be in the public interest to stop the act.
(b)
Within 10 days after the day on which the order is served, the person upon whom the order is served may request a hearing.
(c)
Pending a hearing requested under Subsection (1)(b), a cease and desist order shall remain in effect.
After a hearing requested under Subsection (1), if the commission and the director agree that an act of the person violates this chapter, the director:
(i)
shall issue an order making the order issued under Subsection (1) permanent; and
(ii)
may impose another disciplinary action under Section 61-2f-404.
(b)
The director shall bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, in the name of the Department of Commerce and the Division of Real Estate to enjoin and restrain the person from violating this chapter if:
(i)
(A)
a hearing is not requested under Subsection (1); and
(B)
the person fails to cease the act described in Subsection (1); or
(ii)
after discontinuing the act described in Subsection (1), the person again commences the act.
(c)
Upon a proper showing in an action brought under this section or upon a conviction under Section 76-6-1203, the court may:
(i)
issue a permanent or temporary, prohibitory or mandatory injunction;
(ii)
issue a restraining order or writ of mandamus;
(iii)
enter a declaratory judgment;
(iv)
appoint a receiver or conservator for the defendant or the defendant's assets;
(v)
order disgorgement;
(vi)
order rescission;
(vii)
impose a civil penalty not to exceed the greater of:
(A)
$5,000 for each violation; or
(B)
the amount of any gain or economic benefit derived from a violation; and
(viii)
enter any other relief the court considers just.
(d)
The court may not require the division to post a bond in an action brought under this Subsection (2).
(3)
A license, certificate, or registration issued by the division to any person convicted of a violation of Section 76-6-1203 is automatically revoked.
(4)
A remedy or action provided in this section does not limit, interfere with, or prevent the prosecution of another remedy or action, including a criminal proceeding.
Section 2f-407 ("Remedies and action for violations.") 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 § 2f-407?
A common citation format is "Utah Code § 2f-407" (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 § 2f-407 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.
