13-42-137. Statute of limitations.
(1) An action or proceeding brought pursuant to Subsection 13-42-133(1), (2), or (3)
must be commenced within four years after the conduct that is the basis of the administrator's
complaint.
(2) An action brought pursuant to Section 13-42-135 must be commenced within two
years after the latest of:
(a) the individual's last transmission of money to a provider;
(b) the individual's last transmission of money to a creditor at the direction of the
provider;
(c) the provider's last disbursement to a creditor of the individual;
(d) the provider's last accounting to the individual pursuant to Subsection 13-42-127(1);
(e) the date on which the individual discovered or reasonably should have discovered the
facts giving rise to the individual's claim; or
(f) termination of actions or proceedings by the administrator with respect to a violation
of the chapter.
(3) The period prescribed in Subsection (2)(e) is tolled during any period during which
the provider or, if different, the defendant has materially and willfully misrepresented
information required by this chapter to be disclosed to the individual, if the information so
misrepresented is material to the establishment of the liability of the defendant under this chapter.
Enacted by Chapter 154, 2006 General Session
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Last revised: Thursday, May 01, 2008