(1) (a) If the division makes a written finding of fact that a subdivider engages in one or more acts described in Subsection (1)(b), the division may: (i) deny an application for registration; (ii) revoke, suspend, or deny reissuance of a registration; or (iii) impose a civil penalty not to exceed the greater of: (A) $2,500 for each violation; or (B) the amount of any gain or economic benefit derived from each violation. (b) Subsection (1)(a) applies if the division makes a written finding of fact that a subdivider: (i) fails to comply with the terms of a cease and desist order; (ii) is convicted in a court prior or subsequent to the filing of the application for registration of a crime involving: (A) fraud; (B) deception; (C) false pretenses; (D) misrepresentation; (E) false advertising; or (F) dishonest dealing in real estate transactions; (iii) is subject to an injunction or administrative order restraining a false or misleading promotional plan involving land dispositions; (iv) disposes of, conceals, or diverts funds or assets of any person so as to defeat the rights of subdivision purchasers; (v) fails to perform faithfully a stipulation or agreement made with the division as an inducement to: (A) grant a registration; (B) reinstate a registration; (C) revoke a cease and desist order; or (D) approve any promotional plan or public offering statement; (vi) makes an intentional misrepresentation, or conceals a material fact, in an application for registration; (vii) violates this chapter or the rules adopted under this chapter; (viii) directly or through an agent or employee knowingly engages in false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands; (ix) engages in the offering of subdivided lands that has constituted or that may constitute a fraud upon purchasers or prospective purchasers of the subdivided lands; or (x) engages in a dishonest practice in any industry involving sales to consumers. (c) The division shall accompany with a finding of fact required by this Subsection (1) a concise and explicit statement of the underlying facts supporting the finding. (2) As an alternative to revoking the registration of a subdivider, the director may issue a cease and desist order if after notice and a hearing the director finds that the subdivider is guilty of a violation for which revocation may be ordered. (3) (a) The division shall suspend or revoke the license of a principal broker, associate broker, or sales agent who violates this chapter for the period of time the director determines to be justified under the circumstances. (b) A suspension or revocation under this section is in addition to any other penalty that may be imposed under this chapter, subject to Section 61-2f-404.
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