§ 13-39-303. Administrative enforcement.

(1) The division shall:

(a) investigate violations of this chapter; and

(b) assess cease and desist orders and administrative fines under this section for violations of this chapter.

(2) A person who violates this chapter is subject to:

(a) a cease and desist order; and

(b) an administrative fine of not more than $2,500 for each separate communication sent in violation of Section 13-39-202.

(3)

(a) A person who intentionally violates this chapter is subject to an administrative fine of not more than $5,000 for each communication intentionally sent in violation of Section 13-39-202.

(b) For purposes of this section, a person intentionally violates this chapter if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter.

(4) All administrative fines collected under this section shall be deposited in the Consumer Protection Education and Training Fund created in Section 13-2-8.

Enacted by Chapter 338, 2004 General Session