Section 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.Amended by Chapter 324, 2022 General Session ,§ 7, eff. 5/4/2022.Amended by Chapter 124, 2013 General Session ,§ 9, eff. 5/14/2013.Amended by Chapter 18, 2005 General Session