§ 13-52-301. Division enforcement authority -- Administrative fine.

(1) Subject to Subsection (2), the division may enforce the provisions of this chapter by: (a) conducting an investigation into an alleged violation of this chapter; (b) issuing a cease and desist order against a further violation of this chapter; (c) imposing an administrative fine of up to $2,500 for each violation of this chapter; and (d) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter. (2) In a court action by the division to enforce a provision of this chapter, the court may: (a) declare that an act or practice violates a provision of this chapter; (b) issue an injunction for a violation of this chapter; (c) order disgorgement of any money received in violation of this chapter; (d) order payment of disgorged money to an injured purchaser or consumer; (e) impose a fine of up to $2,500 for each violation of this chapter; or (f) award any other relief that the court deems reasonable and necessary. (3) The division shall, in its discretion: (a) deposit an administrative fine collected under Subsection (1)(c) in the Consumer Protection Education and Training Fund created in Section 13-2-109; or (b) distribute an administrative fine collected under Subsection (1)(c) to a customer adversely affected by the solar retailer's failure or violation resulting in a fine under Subsection (1)(c), if the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer. (4) Nothing in this chapter may be construed to affect: (a) a remedy a customer has independent of this chapter; or (b) the division's ability or authority to enforce any other law or regulation.