13-21-8 - Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution. - Utah Statutes

13-21-8. Burden of proving exception -- Penalties -- Court's criminal and equitablejurisdiction -- Prosecution.
(1) (a) Any waiver by a buyer of any part of this chapter is void.
(b) Any attempt by a credit services organization to have a buyer waive rights given bythis chapter is a violation of this chapter.
(2) In any proceeding involving this chapter, the burden of proving an exemption or anexception from a definition is upon the person claiming the exemption or exception.
(3) (a) Any person who violates this chapter is guilty of a class A misdemeanor.
(b) Any district court of this state has jurisdiction to restrain and enjoin the violation ofthis chapter.
(4) The attorney general, any county attorney, any district attorney, or any city attorneymay prosecute misdemeanor actions or institute injunctive or civil proceedings, or both, underthis chapter.
(5) The remedies, duties, prohibitions, and penalties of this chapter are not exclusive andare in addition to all other causes of action, remedies, and penalties provided by law.
(6) (a) In addition to other penalties under this section, the division director may issue acease and desist order and impose an administrative fine of up to $2,500 for each violation of thischapter.
(b) All money received through administrative fines imposed under this section shall bedeposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.

Amended by Chapter 47, 2006 General Session