(1) The division shall administer and enforce the provisions of this part. (2) The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules: (a) establishing the time period, format, and content requirements for records maintained under Section 13-83-104; and (b) establishing the form, content, filing date, and submission procedures for the report described in Section 13-83-105. (3) (a) In addition to the division's enforcement powers under Title 13, Chapter 2, Division of Consumer Protection: (i) the division director may impose an administrative fine of up to $2,500 for each violation of this part; and (ii) the division may bring an action in court to enforce a provision of this part. (b) In a court action by the division to enforce a provision of this part, the court may: (i) declare that the act or practice violates a provision of this part; (ii) enjoin actions that violate this part; (iii) order disgorgement of any money received in violation of this part; (iv) order payment of disgorged money to an injured purchaser or consumer; (v) impose a civil penalty of up to $2,500 for each violation of this part; (vi) award actual damages to an injured purchaser or consumer; and (vii) award any other relief that the court deems reasonable and necessary. (c) If a court grants judgment or injunctive relief to the division, the court shall award the division: (i) reasonable attorney fees; (ii) court costs; and (iii) investigative fees. (4) (a) A person who violates an administrative or court order issued for a violation of this part is subject to a civil penalty of no more than $5,000 for each violation. (b) A civil penalty authorized under this section may be imposed in a civil action. (5) A violation of this part constitutes a deceptive act or practice under Title 13, Chapter 11, Utah Consumer Sales Practices Act.
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