31A-31-109. Civil penalties.
(1) In addition to other penalties provided by law, a person who violates this chapter:
(a) is subject to the following civil penalties:
(i) the person shall make full restitution; and
(ii) the person shall pay the costs of enforcement of this chapter for the case in which the
person is found to have violated this chapter:
(A) as determined by the one or more authorized agencies involved; and
(B) including costs of:
(I) investigators;
(II) attorneys; and
(III) other public employees; and
(b) in the discretion of the court, may be required to pay to the state a civil penalty not to
exceed three times that amount of value improperly sought or received from the fraudulent
insurance act.
(2) (a) Monies paid under Subsection (1)(a)(i) shall be paid to the person damaged by the
fraudulent insurance act.
(b) Monies paid under Subsection (1)(a)(ii) shall be paid to each applicable authorized
agency in the following order:
(i) to the General Fund as a dedicated credit of the department for the costs of
enforcement incurred by the department;
(ii) to the General Fund for the costs of enforcement incurred by a state agency other than
the department;
(iii) to the applicable political subdivision for the costs of enforcement incurred by the
political subdivision; and
(iv) to the applicable criminal investigative department or agency of the United States for
the costs of enforcement incurred by the department or agency.
(c) Monies paid under Subsection (1)(b) shall be paid into the General Fund.
(d) Monies received by the department under this Subsection (2) are nonlapsing in
accordance with Subsection 31A-31-108(3).
(3) (a) A civil penalty assessed under Subsection (1) shall be awarded by the court as part
of its judgment in both criminal and civil actions.
(b) A criminal action need not be brought against a person in order for that person to be
civilly liable under this section.
Enacted by Chapter 104, 2004 General Session
Download Code Section Zipped WordPerfect 31A31_010900.ZIP 2,598 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009