72-9-703 - Civil penalties for violations -- Compromise. - Utah Statutes

72-9-703. Civil penalties for violations -- Compromise.
(1) In addition to any other penalties, a motor carrier that fails or neglects to comply withany provision of the Constitution of this state, statute, or any rule or order of the department issubject to a civil penalty of not less than $500 nor more than $2,000 for each offense.
(2) Every violation of any provision of the constitution of this state, statute, or any rule ororder of the department, is a separate and distinct offense. Each day's continuance of theviolation is a separate and distinct offense.
(3) (a) The civil penalty may be compromised by the department and a determination ofcompromise is appealable by the person alleged to have committed the violation. In determiningthe amount of the penalty or the amount agreed upon in compromise, the department shallconsider the:
(i) gravity of the violation; and
(ii) good faith of the person charged in attempting to achieve compliance after notificationof the violation.
(b) The amount of the penalty when finally determined or the amount agreed upon incompromise may be deducted from any sums owing by the state to the person charged or may berecovered in a civil action in the courts of this state.
(4) In construing and enforcing the provisions of this chapter relating to penalties, the act,omission, or failure of any officer, agent, or employee of any motor carrier, acting within thescope of his official duties or employment, is deemed to be the act, omission, or failure of themotor carrier.

Renumbered and Amended by Chapter 270, 1998 General Session