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UTAH STATUTES AND CODES
57-19-20 - Injunctive relief -- Cease and desist order.
57-19-20. Injunctive relief -- Cease and desist order.
(1) Whenever it appears to the director that any person has engaged or is about to engagein any act or practice constituting a violation of any provision of this chapter, and that it would bein the public interest to stop those acts or practices, the director may either:
(a) seek injunctive relief as provided in Rule 65A, Utah Rules of Civil Procedure; or
(b) issue an administrative cease and desist order.
(2) If an administrative cease and desist order is issued pursuant to Subsection (1), theperson upon whom the order is served may, within 10 days after receiving the order, request thata hearing be held before an administrative law judge. If a request for a hearing is made, thedivision shall follow the procedures and requirements of Title 63G, Chapter 4, AdministrativeProcedures Act. Pending the hearing, the order remains in effect.
(3) If, at the hearing, a finding is made that there has been a violation of this chapter, thedirector, with the concurrence of the executive director, may issue an order making the cease anddesist order permanent. If no hearing is requested, and if the person fails to cease the act orpractice, or after discontinuing the act or practice again commences it, the director shall file suitin the district court of the county in which the act or practice occurred, or where the personresides or carries on business, to enjoin and restrain the person from violating this chapter.
(4) Whether or not the director has issued a cease and desist order, the attorney general,in the name of the state or of the director, may bring an action in any court of competentjurisdiction to enjoin any act or practice constituting a violation of any provision of this chapter,and to enforce compliance with this chapter or any rule or order under this chapter. Upon aproper showing, a permanent or temporary injunction, restraining order, or writ of mandamusshall be granted.
(1) Whenever it appears to the director that any person has engaged or is about to engagein any act or practice constituting a violation of any provision of this chapter, and that it would bein the public interest to stop those acts or practices, the director may either:
(a) seek injunctive relief as provided in Rule 65A, Utah Rules of Civil Procedure; or
(b) issue an administrative cease and desist order.
(2) If an administrative cease and desist order is issued pursuant to Subsection (1), theperson upon whom the order is served may, within 10 days after receiving the order, request thata hearing be held before an administrative law judge. If a request for a hearing is made, thedivision shall follow the procedures and requirements of Title 63G, Chapter 4, AdministrativeProcedures Act. Pending the hearing, the order remains in effect.
(3) If, at the hearing, a finding is made that there has been a violation of this chapter, thedirector, with the concurrence of the executive director, may issue an order making the cease anddesist order permanent. If no hearing is requested, and if the person fails to cease the act orpractice, or after discontinuing the act or practice again commences it, the director shall file suitin the district court of the county in which the act or practice occurred, or where the personresides or carries on business, to enjoin and restrain the person from violating this chapter.
(4) Whether or not the director has issued a cease and desist order, the attorney general,in the name of the state or of the director, may bring an action in any court of competentjurisdiction to enjoin any act or practice constituting a violation of any provision of this chapter,and to enforce compliance with this chapter or any rule or order under this chapter. Upon aproper showing, a permanent or temporary injunction, restraining order, or writ of mandamusshall be granted.
Amended by Chapter 382, 2008 General Session
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