(2) In determining whether to impose penalties against a person who violates this chapter, the division shall consider:

1. (a) the person's cost of doing business not accounted for in the cost to the person of 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;
2. (b) the person's efforts to comply with this chapter;
3. (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
4. (d) any other factor that the division considers appropriate.

(3)

1. (a) If the division finds that a person has violated, or is violating, this chapter, the division may:

   1. (i) issue a cease and desist order; and
   2. (ii) subject to Subsection (3)(b), impose an administrative fine of up to $1,000 for each violation of this chapter.
2. (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 (3)(a) exceed $10,000 per day.

(5) In a suit brought under Subsection (3), if the division prevails, the court may award the division:

1. (a) court costs;
2. (b) attorney fees; and
3. (c) the division's costs incurred in the investigation of the violation of this chapter.