1. (1) The division shall administer and enforce the provisions of this part.

2. (2) The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules:

   1. (a) establishing the time period, format, and content requirements for records maintained under Section 13-83-104; and
   2. (b) establishing the form, content, filing date, and submission procedures for the report described in Section 13-83-105.

3. (3)

   1. (a) In addition to the division's enforcement powers under Title 13, Chapter 2, Division of Consumer Protection:

      1. (i) the division director may impose an administrative fine of up to $2,500 for each violation of this part; and
      2. (ii) the division may bring an action in court to enforce a provision of this part.

   2. (b) In a court action by the division to enforce a provision of this part, the court may:

      1. (i) declare that the act or practice violates a provision of this part;
      2. (ii) enjoin actions that violate this part;
      3. (iii) order disgorgement of any money received in violation of this part;
      4. (iv) order payment of disgorged money to an injured purchaser or consumer;
      5. (v) impose a civil penalty of up to $2,500 for each violation of this part;
      6. (vi) award actual damages to an injured purchaser or consumer; and
      7. (vii) award any other relief that the court deems reasonable and necessary.

   3. (c) If a court grants judgment or injunctive relief to the division, the court shall award the division:

      1. (i) reasonable attorney fees;
      2. (ii) court costs; and
      3. (iii) investigative fees.

4. (4)

   1. (a) A person who violates an administrative or court order issued for a violation of this part is subject to a civil penalty of no more than $5,000 for each violation.
   2. (b) A civil penalty authorized under this section may be imposed in a civil action.
5. (5) A violation of this part constitutes a deceptive act or practice under Title 13, Chapter 11, Utah Consumer Sales Practices Act.

Enacted by Chapter 394, 2026 General Session