Section 301 – Division enforcement authority — Administrative fine.

• (1) Subject to Subsection (2), the division may enforce the provisions of this chapter by:
  • (a) conducting an investigation into an alleged violation of this chapter;
  • (b) issuing a cease and desist order against a further violation of this chapter; and
  • (c) imposing an administrative fine of no more than $2,500 per solar agreement on a solar retailer that:
    • (i) materially fails to comply with the disclosure requirements of this chapter; or
    • (ii) violates any other provision of this chapter, if the division finds that the violation is a willful or intentional attempt to mislead or deceive a customer.

• (2) The division may not commence any enforcement action under this section more than four years after the date of execution of the solar agreement with respect to which a violation is alleged to have occurred.

• (3) The division shall, in its discretion:
  • (a) deposit an administrative fine collected under Subsection (1)(c) in the Consumer Protection Education and Training Fund created in Section 13-2-8; or
  • (b) distribute an administrative fine collected under Subsection (1)(c) to a customer adversely affected by the solar retailer’s failure or violation resulting in a fine under Subsection (1)(c), if the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer.

• (4) Nothing in this chapter may be construed to affect:
  • (a) a remedy a customer has independent of this chapter; or
  • (b) the division’s ability or authority to enforce any other law or regulation.

Enacted by Chapter 290, 2018 General Session