62A-4a-603 - Injunction -- Enforcement by county attorney or attorney general. - Utah Statutes

62A-4a-603. Injunction -- Enforcement by county attorney or attorney general.
(1) The division or any interested person may commence an action in district court toenjoin any person, agency, firm, corporation, or association violating Section 62A-4a-602.
(2) A county attorney or the attorney general shall institute legal action as necessary toenforce the provisions of Section 62A-4a-602 when informed of any alleged violation. If thecounty attorney does not take action within 30 days after being informed, the attorney generalmay be requested to take action, and shall then institute legal proceedings in place of the countyattorney.
(3) In addition to the remedies provided in Subsections (1) and (2), any person, agency,firm, corporation, or association found to be in violation of Section 62A-4a-602 shall forfeit allproceeds identified as resulting from the transaction, and may also be assessed a civil penalty ofnot more than $10,000 for each violation. Every act in violation of Section 62A-4a-602,including each placement or attempted placement of a child, is a separate violation.
(4) (a) All amounts recovered as penalties under Subsection (3) shall be placed in theGeneral Fund of the prosecuting county, or in the state General Fund if the attorney generalprosecutes.
(b) If two or more governmental entities are involved in the prosecution, the penaltyamounts recovered shall be apportioned by the court among the entities, according to theirinvolvement.
(5) A judgment ordering the payment of any penalty or forfeiture under Subsection (3)constitutes a lien when recorded in the judgment docket, and has the same effect and is subject tothe same rules as a judgment for money in a civil action.

Renumbered and Amended by Chapter 260, 1994 General Session