Effective 5/4/2022 Superseded 12/31/2023 13-2-1. Consumer protection division established — Functions. (1) There is established within the Department of Commerce the Division of Consumer Protection. (2) The division shall administer and enforce the following: (a)Chapter 5, Unfair Practices Act; (b)Chapter 10a, Music Licensing Practices Act; (c)Chapter 11, Utah Consumer Sales Practices Act; (d)Chapter 15, Business […]
13-2-2. Director of division — Appointment. The division shall be under the supervision, direction, and control of a director. The director shall be appointed by the executive director of commerce with the approval of the governor. The director shall hold office at the pleasure of the governor. Amended by Chapter 93, 1990 General Session
Effective 7/1/2021 13-2-3. Employment of personnel — Compensation of director. (1) The director, with the approval of the executive director, may employ personnel necessary to carry out the duties and responsibilities of the division at salaries established by the executive director according to standards established by the Division of Human Resource Management. (2) The executive […]
13-2-4. Annual report — Budget. (1) On or before the 1st day of October each year, the director in connection with the executive director shall report to the governor and the Legislature for the preceding fiscal year on the operations, activities, and goals of the division. (2) The director shall prepare and submit to the […]
13-2-5. Powers of director. The director has authority to: (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, issue rules to administer and enforce the chapters listed in Section 13-2-1; (2) investigate the activities of any business governed by the laws administered and enforced by the division; (3) take administrative and judicial […]
Effective 5/5/2021 13-2-6. Enforcement powers. (1) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division shall have authority to convene administrative hearings, issue cease and desist orders, and impose fines under all the chapters identified in Section 13-2-1. (2) Any person who intentionally violates a final cease and desist order entered by […]
13-2-7. Violation of restraining or injunctive order — Civil penalty. If any restraining order, any chapter administered by the division, or injunction granted under this chapter is violated, the division may submit a motion for, or the court on its own motion, may impose a civil penalty of not more than $2,000 for each day […]
13-2-8. Consumer Protection Education and Training Fund. (1) There is created an expendable special revenue fund known as the “Consumer Protection Education and Training Fund.” (2) (a) Unless otherwise provided by a chapter listed in Section 13-2-1, all money not distributed as consumer restitution that is received by the division from administrative fines and settlements, […]
13-2-9. Internet — Consumer education. (1) The Division of Consumer Protection shall, subject to appropriation, contract with a person to make public service announcements advising consumers about the dangers of using the Internet, especially: (a) material harmful to minors; (b) steps a consumer may take to learn more about the dangers of using the Internet; […]
