13-26-8. Penalties. (1) (a) A seller or solicitor who violates a provision of this chapter is guilty of: (i) a class B misdemeanor for a first violation; (ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and (iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony. (b) For the purposes of Subsection (1)(a), a prior violation includes: (i) a final prior conviction; (ii) a final determination by a court of competent jurisdiction; or (iii) a final determination in an administrative adjudicative proceeding. (2) A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter. (3) (a) The division may: (i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter; (ii) bring a court action to enforce the provisions of this chapter; and (iii) in addition to other penalties described in this chapter, issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter. (b) For purposes of this section, each telephone solicitation made in violation of this chapter is a separate violation. (4) The division shall deposit all administrative fines and civil penalties collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.
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