13-21-8. Burden of proving exception -- Penalties -- Court's criminal and equitable
jurisdiction -- Prosecution.
(1) (a) Any waiver by a buyer of any part of this chapter is void.
(b) Any attempt by a credit services organization to have a buyer waive rights given by
this chapter is a violation of this chapter.
(2) In any proceeding involving this chapter, the burden of proving an exemption or an
exception from a definition is upon the person claiming the exemption or exception.
(3) (a) Any person who violates this chapter is guilty of a class A misdemeanor.
(b) Any district court of this state has jurisdiction to restrain and enjoin the violation of
this chapter.
(4) The attorney general, any county attorney, any district attorney, or any city attorney
may prosecute misdemeanor actions or institute injunctive or civil proceedings, or both, under
this chapter.
(5) The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and
are in addition to all other causes of action, remedies, and penalties provided by law.
(6) (a) In addition to other penalties under this section, the division director may issue a
cease and desist order and impose an administrative fine of up to $2,500 for each violation of this
chapter.
(b) All money received through administrative fines imposed under this section shall be
deposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.
Amended by Chapter 47, 2006 General Session
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Last revised: Thursday, May 01, 2008