1. (1) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, and elsewhere in this chapter, the division director may, for a violation of this chapter:

   1. (a) issue a cease and desist order; and

   2. (b) impose an administrative fine of up to:

      1. (i) $250 per day that a postsecondary school operates without an effective registration certificate;
      2. (ii) $1,000 for each violation of Section 13-34-203;

      3. (iii) $2,500 for each violation of this chapter that is not:

         1. (A) described in Subsections (1)(b)(i) or (ii); or
         2. (B) an intentional violation; or
      4. (iv) $5,000 for each intentional violation of this chapter.

2. (2) A person intentionally violates this chapter if:

   1. (a)

      1. (i) the violation occurs after one of the following notifies the person that the person has violated or is violating this chapter:

         1. (A) the division;
         2. (B) the attorney general; or
         3. (C) a district attorney or county attorney; and
      2. (ii) the violation is the same as the violation of which the person was notified under Subsection (2)(a)(i); or
   2. (b) a person violates a cease and desist order the division issues under Subsection (1)(a).
3. (3) An intentional violation of this chapter is a class B misdemeanor.
4. (4) The division shall deposit all money the division receives as payment for administrative fines imposed under Subsection (1)(b) into the Consumer Protection Education and Training Fund created in Section 13-2-109.

Amended by Chapter 95, 2026 General Session