13-35-106 - Administrative proceedings commenced by the agency. - Utah Statutes

13-35-106. Administrative proceedings commenced by the agency.
(1) Except as provided in Subsection (3), after a hearing and after receipt of the advisoryboard's recommendation, if the executive director finds that a person has violated this chapter orany rule made under this chapter, the executive director may:
(a) issue a cease and desist order; and
(b) assess an administrative fine.
(2) (a) In determining the amount and appropriateness of an administrative fine underSubsection (1), the executive director shall consider:
(i) the gravity of the violation;
(ii) any history of previous violations; and
(iii) any attempt made by the person to retaliate against another person for seeking reliefunder this chapter or other federal or state law relating to the motor vehicle industry.
(b) In addition to any other action permitted under Subsection (1), the department mayfile an action with a court seeking to enforce the executive director's order and pursue theexecutive director's assessment of a fine in an amount not to exceed $5,000 for each day a personviolates an order of the executive director.
(3) (a) In addition to the grounds for issuing an order on an emergency basis listed inSubsection 63G-4-502(1), the executive director may issue an order on an emergency basis if theexecutive director determines that irreparable damage is likely to occur if immediate action is nottaken.
(b) In issuing an emergency order under Subsection (3)(a), the executive director shallcomply with the requirements of Subsections 63G-4-502(2) and (3).

Amended by Chapter 382, 2008 General Session