Section 206 – Advisory opinion — Process.
Effective 7/1/2020 13-43-206. Advisory opinion — Process. (1) A request for an advisory opinion under Section 13-43-205 shall be: (a) filed with the Office of the Property Rights Ombudsman; and (b) accompanied by a filing fee of $150. (2) The Office of the Property Rights Ombudsman may establish policies providing for partial fee waivers for […]
Section 141 – Severability.
13-42-141. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Enacted by […]
Section 201 – Office of the Property Rights Ombudsman.
13-43-201. Office of the Property Rights Ombudsman. (1) There is created an Office of the Property Rights Ombudsman in the Department of Commerce. (2) The executive director of the Department of Commerce, with the concurrence of the Land Use and Eminent Domain Advisory Board created in Section 13-43-202, shall appoint attorneys with background or expertise […]
Section 131 – Provider liability for the conduct of other persons — Prohibited conduct of person providing service to provider.
13-42-131. Provider liability for the conduct of other persons — Prohibited conduct of person providing service to provider. (1) If a provider delegates any of its duties or obligations under an agreement or this chapter to another person, including an independent contractor, the provider is liable for conduct of the person which, if done by […]
Section 132 – Powers of administrator.
13-42-132. Powers of administrator. (1) The administrator may act on its own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with this chapter, refer cases to the attorney general, and seek or provide remedies as provided in this chapter. (2) The administrator may investigate and examine, in […]
Section 133 – Administrative remedies.
13-42-133. Administrative remedies. (1) The administrator may enforce this chapter and rules adopted under this chapter by taking one or more of the following actions: (a) ordering a provider, lead generator, person administering an account pursuant to Subsection 13-42-122(2), or director, employee, or other agent of a provider to cease and desist from any violations; […]
Section 134 – Suspension, revocation, or nonrenewal of registration.
13-42-134. Suspension, revocation, or nonrenewal of registration. (1) In this section, “insolvent” means: (a) having generally ceased to pay debts in the ordinary course of business other than as a result of good-faith dispute; (b) being unable to pay debts as they become due; or (c) being insolvent within the meaning of the federal bankruptcy […]
Section 135 – Private enforcement.
13-42-135. Private enforcement. (1) If an individual voids an agreement pursuant to Subsection 13-42-125(2), the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under Subsections (3)(c) and (d). (2) If […]
Section 136 – Violation of Consumer Sales Practices Act.
13-42-136. Violation of Consumer Sales Practices Act. If an act or practice of a provider violates both this chapter and Chapter 11, Utah Consumer Sales Practices Act, an individual may not recover under both for the same act or practice. Enacted by Chapter 154, 2006 General Session
Section 137 – Statute of limitations — Tolling.
Effective 5/8/2018 13-42-137. Statute of limitations — Tolling. The period prescribed in Subsection 13-2-6(6) is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this chapter to be disclosed to the individual, if the information so misrepresented is material to the establishment of […]