1. (1) A person who violates this chapter or who files materially false information with a registration or renewal under Section 7-24-201 is:

   1. (a) guilty of a class B misdemeanor except for a violation of:

      1. (i) Subsection 7-24-202(1)(e)(i), (ii), or (iii); or
      2. (ii) rules made under Subsection 7-24-301(2)(b); and
   2. (b) subject to revocation of a person's registration under this chapter.

2. (2) Subject to Title 63G, Chapter 4, Administrative Procedures Act, if the department determines that a person is extending title loans in violation of this chapter, the department may:

   1. (a) revoke that person's registration under this chapter;
   2. (b) issue a cease and desist order from committing any further violations;
   3. (c) prohibit the person from continuing to extend title loans;

   4. (d) impose an administrative fine not to exceed $1,000 per violation, except that:

      1. (i) a fine imposed under Subsection 7-24-201(2)(e) shall comply with Subsection 7-24-201(2)(e); and
      2. (ii) the aggregate total of fines imposed under this chapter against a person in a calendar year may not exceed $30,000 for that calendar year; or
   5. (e) take any combination of actions listed under this Subsection (2).
3. (3) A person is not subject to the penalties under this section for a violation of this chapter that was not willful or intentional, including a violation resulting from a clerical error.

Amended by Chapter 382, 2008 General Session