county attorney or attorney general. (1) The office or another interested person may commence an action in court to enjoin any person from violating Section 26B-2-127. (2) The office shall: (a) solicit information from the public relating to violations of Section 26B-2-127; and (b) upon identifying a violation of Section 26B-2-127: (i) send a written notice to the person who violated Section 26B-2-127 that describes the alleged violation; and (ii) notify the following persons of the alleged violation: (A) the local county attorney; and (B) the Division of Professional Licensing. (3) (a) A county attorney or the attorney general shall institute legal action as necessary to enforce the provisions of Section 26B-2-127 after being informed of an alleged violation. (b) If a county attorney does not take action within 30 days after the day on which the county attorney is informed of an alleged violation of Section 26B-2-127, the attorney general may be requested to take action, and shall then institute legal proceedings in place of the county attorney. (4) (a) In addition to the remedies provided in Subsections (1) and (3), any person found to be in violation of Section 26B-2-127 shall forfeit all proceeds identified as resulting from the transaction, and may also be assessed a civil penalty of not more than $10,000 for each violation. (b) Each act in violation of Section 26B-2-127, including each placement or attempted placement of a child, is a separate violation. (5) (a) The amount recovered as a penalty under Subsection (4) shall be placed in the General Fund of the prosecuting county, or in the state General Fund if the attorney general prosecutes. (b) If two or more governmental entities are involved in the prosecution, the court shall apportion the penalty among the entities, according to the entities' involvement. (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4) is a lien when recorded in the judgment docket, and has the same effect and is subject to the same rules as a judgment for money in a civil action. Renumbered and Amended by Chapter 267, 2024 General Session
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