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S.B. 176





Sponsor: Blaze D. Wharton

18    This act affects sections of Utah Code Annotated 1953 as follows:
19    ENACTS:
20         13-30-1, Utah Code Annotated 1953
21         13-30-2, Utah Code Annotated 1953
22         13-30-3, Utah Code Annotated 1953
23         13-30-4, Utah Code Annotated 1953
24         13-30-5, Utah Code Annotated 1953
25         13-30-6, Utah Code Annotated 1953
26         13-30-7, Utah Code Annotated 1953
27         13-30-8, Utah Code Annotated 1953

1         13-30-9, Utah Code Annotated 1953
2         13-30-10, Utah Code Annotated 1953
3         13-30-11, Utah Code Annotated 1953
4         13-30-12, Utah Code Annotated 1953
5         13-30-13, Utah Code Annotated 1953
6         13-30-14, Utah Code Annotated 1953
7         13-30-15, Utah Code Annotated 1953
8         13-30-16, Utah Code Annotated 1953
9         13-30-17, Utah Code Annotated 1953
10         13-30-18, Utah Code Annotated 1953
11         13-30-19, Utah Code Annotated 1953
12         13-30-20, Utah Code Annotated 1953
13         13-30-21, Utah Code Annotated 1953
14         13-30-22, Utah Code Annotated 1953
15         13-30-23, Utah Code Annotated 1953
16         13-30-24, Utah Code Annotated 1953
17         13-30-25, Utah Code Annotated 1953
18         13-30-26, Utah Code Annotated 1953
19         13-30-27, Utah Code Annotated 1953
20         13-30-28, Utah Code Annotated 1953
21         13-30-29, Utah Code Annotated 1953
22    Be it enacted by the Legislature of the state of Utah:
23        Section 1. Section 13-30-1 is enacted to read:

25         13-30-1. Title.
26        This chapter is known as the "Utah Automotive Repair Act."
27        Section 2. Section 13-30-2 is enacted to read:
28         13-30-2. Scope.
29        This statutory program may not limit or impair the rights, remedies, requirements, or
30    standards as provided in Title 13, Chapter 11, Utah Consumer Sales Practices Act, and any other
31    state or federal law.

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1        Section 3. Section 13-30-3 is enacted to read:
2         13-30-3. Definitions.
3        (1) "Auto body repair facility" means a place of business operated by an automotive repair
4    dealer wholly or partially engaged in automotive collision repair or reconstruction of automobiles
5    or truck bodies and which is performed for compensation.
6        (2) "Auto body technician" means a person wholly or partially engaged in making
7    automotive collision repairs or reconstruction of automobiles or truck bodies for compensation in
8    an auto body repair shop.
9        (3) "Automobile" means motor vehicles, including automobiles or trucks.
10        (4) "Automotive physical damage appraiser or adjuster" means a person other than a
11    person required to be licensed under Title 31A, Chapter 26, Insurance Code, who, for
12    compensation, estimates damage and needed repairs to a motor vehicle as a result of collision or
13    other causes of damage.
14        (5) "Automotive repair dealer" means a person who, for compensation, regularly engages
15    in the business of repairing or diagnosing malfunctions of motor vehicles, including any mechanic,
16    employee, partner, officer, or member of the dealer.
17        (6) "Automotive repair facility" means a place of business operated by an automotive
18    repair dealer who, for compensation regularly engages in the business of repairing or diagnosing
19    malfunctions of motor vehicles.
20        (7) "Commercial business agreement" means an agreement, whether in writing or oral,
21    entered into between a business or commercial enterprise and an automobile repair dealer, prior
22    to the requested repair occurring, which contemplates a continuing business arrangement under
23    which the automobile repair dealer is to repair any vehicle covered by the agreement, but does not
24    mean any warranty or extended service agreement normally given by an automobile repair facility
25    to its customers.
26        (8) "Customer" means a person who seeks automotive or auto body collision repairs,
27    reconstruction work, or repair of a motor vehicle malfunction in exchange for compensation.
28        (9) "Department" means the Utah Department of Commerce.
29        (10) "Director" means the director of the Division of Consumer Protection.
30        (11) "Division" means the Division of Consumer Protection within the Utah Department
31    of Commerce.

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1        (12) "Executive director" means the executive director of the Utah Department of
2    Commerce.
3        (13) "Mechanic" means an employee of an automotive repair dealer or the dealer, if the
4    employee or dealer repairs motor vehicles and who for salary, wage, or other compensation
5    performs maintenance, repair, removal, or installation of any integral component parts of an
6    engine, driveline, chassis, or body of any vehicle, but excluding repairing tires, changing tires,
7    lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor
8    accessories, and such other minor services as the executive director determines by rule.
9        (14) "Motor vehicle" means a passenger vehicle, truck, or van required to be registered
10    with the Department of Motor Vehicles and all motorcycles whether or not required to be
11    registered by the Department of Motor Vehicles.
12        (15) "Person" includes a natural person, firm, partnership, association, limited liability
13    company, or corporation.
14        (16) "Registrant" means any person who is registered to conduct business as an automotive
15    repair dealer and any partner, officer, or executive director.
16        (17) "Repair of motor vehicles" means all maintenance of and repairs to motor vehicles
17    performed by an automotive repair dealer, including automotive body repair work, but excluding
18    those repairs made pursuant to a commercial business agreement, repairing tires, changing tires,
19    lubricating vehicles, installing light bulbs, batteries, windshield wiper blades and other minor
20    accessories, or such other minor services as the executive director determines by rule. No service
21    shall be designated as minor, for purposes of this section and this chapter, if the executive director
22    finds that performance of the service requires mechanical expertise, has given rise to a high
23    incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe
24    operation.
25        Section 4. Section 13-30-4 is enacted to read:
26         13-30-4. Operation without registration unlawful.
27        It is a class B misdemeanor for any person to intentionally hold himself out to be an
28    automotive repair dealer unless that person has registered in accordance with this chapter and
29    unless that registration is currently valid.
30        Section 5. Section 13-30-5 is enacted to read:
31         13-30-5. Exemptions.

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1        The following persons are exempt from the requirement of registration:
2        (1) an employee of an automotive repair dealer if the employee repairs motor vehicles only
3    as an employee;
4        (2) a person who solely engages in the business of repairing the motor vehicles of a single
5    commercial, industrial, or governmental establishment, or two or more establishments related by
6    common ownership or corporate affiliation;
7        (3) a person whose work is limited to the installation or replacement of a motor vehicle
8    radio, antenna, audio recorder, audio playback equipment, or burglar alarm; and
9        (4) a person whose primary business is either the wholesale or retail supply of new or
10    rebuilt automotive parts or who solely engages in the remachining of individual automotive parts
11    without compensation for warranty adjustments to those parts. This person does not engage in
12    repairing or diagnosing malfunctions of motor vehicles or motorcycles.
13        Section 6. Section 13-30-6 is enacted to read:
14         13-30-6. Enforcement agency.
15        The Division of Consumer Protection shall enforce and administer this chapter. The
16    director may adopt and enforce rules that the division determines are reasonably necessary to carry
17    out the purposes of this chapter pursuant to Title 63, Chapter 46a, Utah Administrative
18    Rulemaking Act.
19        Section 7. Section 13-30-7 is enacted to read:
20         13-30-7. Roster of registrants.
21        The director shall keep a complete record of all registered automotive repair dealers,
22    showing the names and addresses of dealers. A copy of the roster shall be made available to any
23    person requesting it upon the payment of copying costs established by the division.
24        Section 8. Section 13-30-8 is enacted to read:
25         13-30-8. Investigation -- Complaints procedure.
26        (1) On a continuous basis, the division shall investigate and gather evidence of violations
27    of this chapter and of any rule adopted pursuant to this chapter, by any automotive repair dealer
28    or mechanic, whether registered or not, on its own initiative or in response to complaints.
29        (2) The director shall establish procedures for accepting complaints from the public against
30    any automotive repair dealer or mechanic.
31        Section 9. Section 13-30-9 is enacted to read:

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1         13-30-9. Application form and bond -- Bond amount -- Fictitious names.
2        (1) (a) An automotive repair dealer shall pay the application fee and bond required by this
3    chapter for each place of business operated by the dealer in this state and shall register with the
4    director upon forms prescribed by the director.
5        (b) Any business maintaining more than one automotive repair facility shall be permitted
6    to file a single application annually, which includes the location of each facility and the individual
7    in charge of each facility.
8        (c) The forms shall contain sufficient information to identify the automotive repair dealer,
9    including name, address of each location, a statement by the dealer that each location is in an area
10    that permits the operation of a facility for the repair of motor vehicles pursuant to local zoning
11    ordinances, the dealer's retail seller's permit number, if a permit is required under Title 59, Chapter
12    12, Sales and Use Tax Act, and other identifying data prescribed by the director.
13        (d) If the business is to be carried on under a fictitious name, the fictitious name shall be
14    stated.
15        (e) If the automotive repair dealer is a partnership, identifying data prescribed by the
16    director shall be stated for each partner.
17        (f) If the automotive repair dealer is a corporation, data shall be included for each of the
18    officers and directors of the corporation and for the individual in charge of each place of the
19    automotive repair dealer's business in this state.
20        (g) The forms shall include a statement signed by the dealer under penalty of perjury that
21    the information provided is true.
22        (2) An application for registration shall designate whether or not the applicant is
23    registering as:
24        (a) an automotive repair dealer and an auto body repair facility;
25        (b) only as an auto body repair facility if the applicant intends to perform auto body repair;
26    or
27        (c) only as an automotive repair dealer if the applicant intends to perform automotive
28    repair.
29        (3) An application for registration to operate an auto body repair shop shall include a
30    written statement signed under penalty of perjury that the applicant has been issued licenses or
31    permits, if required by law, including the following:

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1        (a) A city or county business license; and
2        (b) A federal Environmental Protection Agency hazardous waste permit or comparable
3    state permit if applicable.
4        (4) No person shall conduct an automotive repair facility, except as provided in Section
5    13-30-5, unless at the time of conducting such automotive repair facility, the person or his agent
6    shall have on file with the division a good and sufficient bond, certificate of deposit, or letter of
7    credit as provided in this section.
8        (5) Each business specified in this section shall obtain and maintain a performance bond
9    issued by a surety authorized to transact surety business in this state, a certificate of deposit, or a
10    letter or credit.
11        (6) The bond, certificate of deposit, or letter of credit shall be for the minimum sum of
12    $25,000, or such higher sum prescribed by administrative rule, pursuant to Title 63, Chapter 46a,
13    Utah Administrative Rulemaking Act, payable to the division.
14        (7) (a) The bond, certificate of deposit, or letter of credit shall state the person upon written
15    demand who shall remit to the division an amount considered necessary for reimbursement for
16    both administrative and civil violations of this chapter and in satisfaction of any civil or criminal
17    judgment. The recovery shall be limited to the amount of the bond, certificate of deposit, or letter
18    of credit.
19        (b) The division may specify the form of the bond, certificate of deposit, or letter of credit
20    and any additional provisions and conditions considered necessary or proper to protect the persons
21    for whom the collection is undertaken.
22        (8) Any person engaged in the practice of an automotive repair facility who fails to comply
23    with any provision of this chapter is personally liable for:
24        (a) any actual damage sustained by the person as a result of the failure or conduct; and
25        (b) the costs of the action with any reasonable attorney's fees allowed by the court.
26        (9) The bond, certificate of deposit, or letter of credit shall be for the term of one year from
27    the date of issuance and shall run concurrently with the registration. The applicant shall maintain
28    the bond, certificate of deposit, or letter of credit for the entire duration of the registration and for
29    a period of not less than one year after the division receives notice in writing from the person
30    engaged in the practice of an automotive repair facility that all activities have ceased.
31        (10) The division shall keep a record of bonds, certificates of deposit, or letters of credit

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1    filed under these provisions, with the names, places of residence, and places of business of the
2    principals and sureties, and the name of the officer before whom the bond, certificate of deposit,
3    or letter of credit was executed or acknowledged. The record shall be open to public inspection
4    as provided in Title 63, Chapter 2, Government Records Access and Management Act.
5        Section 10. Section 13-30-10 is enacted to read:
6         13-30-10. Annual expiration.
7        (1) A registration shall cease to be valid on June 30 of each year unless the automotive
8    repair dealer has paid the renewal fee required by this chapter.
9        (2) A registration shall cease to be valid if the director finds that any of the information
10    provided by the application form, which the director by rule considers material, ceases to be
11    current. The rule shall be promulgated pursuant to Title 63, Chapter 46a, Utah Administrative
12    Rulemaking Act.
13        Section 11. Section 13-30-11 is enacted to read:
14         13-30-11. Refusal of initial application and invalidation of current registration.
15        (1) The director may refuse to validate any initial application or renewal or may invalidate
16    temporarily or permanently the registration of an applicant or any partner, officer, or executive
17    director of the applicant for any of the following acts or omissions:
18        (a) failing to meet the qualifications established by the division for the issuance of the
19    registration;
20        (b) holding a registration issued under this chapter which has been revoked and not
21    reissued or which was suspended and the terms of the suspension have not been fulfilled;
22        (c) committing any act which, if committed by any registrant, would be grounds for the
23    suspension or revocation of a registration issued pursuant to this chapter;
24        (d) acting in the capacity of a registered person registered under this chapter without
25    having a registration;
26        (e) misrepresenting a material fact in obtaining a registration;
27        (f) causing or permitting a customer to sign any work order which does not state the
28    repairs requested by the customer or the automobile's odometer reading at the time of repair;
29        (g) failing or refusing to give to a customer a copy of any document requiring the
30    customer's signature, immediately upon the customer's signature;
31        (h) any other conduct which constitutes fraud;

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1        (i) conduct constituting gross negligence;
2        (j) failing in any material respect to comply with the provisions of this chapter or
3    regulations adopted pursuant to it;
4        (k) willfully departing from or disregarding accepted trade standards for good and
5    workmanlike repair in any material respect, which is prejudicial to another without consent of the
6    owner or the owner's duly authorized representative;
7        (l) making false promises of a character likely to influence, persuade, or induce a customer
8    to authorize the repair, service, or maintenance of automobiles;
9        (m) having repair work done by someone other than the dealer or dealer's employees
10    without the knowledge or consent of the customer unless the dealer can demonstrate that the
11    customer could not have been notified reasonably;
12        (n) being convicted of a crime constituting a class A misdemeanor or greater penalty
13    involving dishonesty, fraud, or deceit; and
14        (o) having entered a plea of guilty or nolo contendere to, or been found guilty of, or been
15    convicted of a crime substantially related to the qualifications, functions, and duties of a registrant.
16        (2) (a) Upon refusal to validate a registration, the director shall notify the applicant in
17    writing by personal service or mail addressed to the address of the applicant provided in the
18    application.
19        (b) The applicant shall be given a hearing within 30 days if the applicant files a written
20    request for hearing with the division pursuant to Title 63, Chapter 46b, Administrative Procedures
21    Act.
22        (3) (a) Except as provided in Subsection (4), if an automotive repair dealer operates more
23    than one place of business in this state, the director may only refuse to validate, or may only
24    invalidate temporarily or permanently the registration of the specific place of business in violation
25    of the provisions of this chapter.
26        (b) The action by the director shall not affect the right of the automotive repair dealer to
27    operate other places of business.
28        (4) Notwithstanding Subsection (3), the director may refuse to validate, or may invalidate
29    temporarily or permanently, the registration for all places of business operated in this state by an
30    automotive repair dealer upon a finding that the automotive repair dealer has, or is, engaged in a
31    course of repeated and willful violations of this chapter or rules in two or more locations.

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1        Section 12. Section 13-30-12 is enacted to read:
2         13-30-12. Criminal penalties.
3        Any person who intentionally fails to comply with the application provisions of this
4    chapter is guilty of a class B misdemeanor.
5        Section 13. Section 13-30-13 is enacted to read:
6         13-30-13. Written estimates required.
7        (1) (a) The automotive repair dealer shall give to the customer a written estimated price
8    for labor and parts necessary for a specific job, which shall include the following language:
9        "I acknowledge notice and approval to proceed based on the estimated price of $ .

(signature) "

12        (b) The dealer may not do any work or accrue charges before the customer has given
13    written authorization to proceed.
14        (c) The dealer may not charge for work done or parts supplied in excess of the estimated
15    price without the written consent of the customer which shall be obtained when it is determined
16    that the estimated price is insufficient and before the unestimated work is done or the unestimated
17    parts are supplied. A written specification of the additional parts and labor and the total additional
18    cost shall be prepared and presented to the customer which shall include the following language:
19        "I acknowledge notice and approval of an increase in the original estimated price to $
20     .

(signature) "

23        (2) Nothing in this section shall be construed to require an automotive repair dealer to give
24    a written estimated price if the dealer does not agree to perform the requested repair.
25        (3) The automotive repair dealer shall include with the written estimated price and written
26    specification of any additional parts and labor, a statement of any required automotive repair
27    service which will be done by someone other than the dealer or his employees. Any person other
28    than the dealer or his employees may not perform any service without the customer's consent. The
29    dealer shall be responsible for any service done by others in the same manner as if the dealer had
30    done the service.
31        (4) Any work done by an automotive repair dealer, including any warranty work, shall be

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1    recorded on an invoice, describing all service work done and parts supplied. Any service work and
2    parts shall be listed separately on the invoice, which also shall state separately the subtotal prices
3    for service work and for parts, and shall state separately the applicable sales tax. If any used,
4    rebuilt, or reconditioned parts are supplied, the invoice shall state that fact. If a part of a
5    component system is composed of new and used, rebuilt or reconditioned parts, the invoice shall
6    state that fact. One copy shall be given to the customer and one copy shall be retained by the
7    automotive repair dealer.
8        Section 14. Section 13-30-14 is enacted to read:
9         13-30-14. Return of replaced parts.
10        (1) Upon the customer's request when the work order is taken, the automotive repair dealer
11    shall return replaced parts to the customer at the time of the completion of the work except those
12    parts exempted by rules of the division promulgated pursuant to Title 63, Chapter 46a, Utah
13    Administrative Rulemaking Act, due to:
14        (a) size, weight, or other similar factors; and
15        (b) a requirement to return parts to the manufacturer or distributor under a warranty
16    arrangement.
17        (2) If the dealer is required to return the parts to the manufacturer or distributor, the dealer
18    shall offer to show, and upon acceptance of the offer shall show, the parts to the customer when
19    the work order is taken and upon completion of the work.
20        (3) The dealer may not be required to show a replaced part when no charge is being made
21    for the replacement part.
22        Section 15. Section 13-30-15 is enacted to read:
23         13-30-15. Record keeping.
24        Any automotive repair dealer shall maintain any records that are required by rules adopted
25    pursuant to this chapter. The dealer shall make the records open for reasonable inspection by the
26    division or other law enforcement officials. The records shall be maintained for at least three
27    years.
28        Section 16. Section 13-30-16 is enacted to read:
29         13-30-16. Benefit of liens not available if no valid registration.
30        Any person required to have a valid registration under the provisions of this chapter may
31    not utilize any lien for labor or materials or exercise the right to sue on a contract for motor vehicle

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1    repairs completed by the person unless the person has a valid registration.
2        Section 17. Section 13-30-17 is enacted to read:
3         13-30-17. Notice to public.
4        The division shall design or approve a sign which shall be placed in all automotive repair
5    dealer locations in a conspicuous place and manner. The sign shall give notice to the public that
6    inquiries concerning service may be made to the division and shall contain the telephone number
7    of the division. The sign shall also give notice that the customer is entitled to a return of replaced
8    parts upon the customer's request if requested at the time the work order is taken.
9        Section 18. Section 13-30-18 is enacted to read:
10         13-30-18. Registration nontransferable -- Change of ownership -- Loss, destruction
11     or mutilation of registration.
12        (1) Any registration issued by the director may not be transferable.
13        (2) (a) If the registrant changes his name, but not the ownership, or changes the address
14    of a registered station, the registrant shall return the registration to the director for cancellation and
15    submit an application form for a new registration.
16        (b) The director shall cancel the returned registration and issue a new registration for the
17    unexpired term without fee.
18        (3) (a) In the event of loss, destruction, or mutilation of a registration issued by the
19    director, the registrant may obtain a duplicate by furnishing satisfactory proof of loss, destruction,
20    or mutilation and paying the appropriate fee in accordance with Section 63-38-3.2.
21        (b) Any registrant who loses a registration issued by the director and who, after obtaining
22    a duplicate, finds the original registration shall immediately surrender the original registration to
23    the director.
24        Section 19. Section 13-30-19 is enacted to read:
25         13-30-19. Suspension -- Revocation.
26        (1) The director may suspend or revoke the registration of any current automotive repair
27    facility that no longer meets the registration requirements only after an inspection of the dealer's
28    facility results in a recommendation by the division staff that the registration be suspended or
29    revoked, and a hearing is held pursuant to Title 63, Chapter 46b, Administrative Procedures Act.
30        (2) The director may suspend or revoke the registration of a current registrant after the
31    appropriate hearing has been held pursuant to Title 63, Chapter 46b, Administrative Procedures

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1    Act, if the registrant does any of the following:
2        (a) is convicted of any crime substantially related to the qualifications, functions, and
3    duties of a registered automotive repair dealer;
4        (b) violates any of the rules or regulations related to this chapter promulgated pursuant to
5    Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
6        (c) is convicted of any crime involving dishonesty, fraud, or deceit which injures another;
7        (d) aids or abets an unregistered person to evade the provisions of this chapter;
8        (e) fails to make and keep records showing transactions as a registrant, or fails to have the
9    records available for inspection by the director or the director's authorized representative for a
10    period of not less than three years after completion of any transaction the records report, or refuses
11    to comply with a written request of the director to make the record available for inspection; and
12        (f) violates or attempts to violate the provisions of this chapter relating to the particular
13    activity for which the registrant is registered.
14        Section 20. Section 13-30-20 is enacted to read:
15         13-30-20. Continuing jurisdiction.
16        The expiration, revocation, or suspension of a valid registration by operation of law, by
17    decision of the director, or order of the court, or the voluntary surrender of a registration by a
18    registrant shall not deprive the director of jurisdiction to proceed with any investigative action or
19    disciplinary proceedings against the registrant or to render a decision temporarily or permanently
20    suspending or revoking the registration.
21        Section 21. Section 13-30-21 is enacted to read:
22         13-30-21. Statute of limitations.
23        Any accusation against a registrant shall be filed with the division within two years after
24    the alleged act or omission.
25        Section 22. Section 13-30-22 is enacted to read:
26         13-30-22. Powers of executive director over registrants -- Reinstatement.
27        (1) After suspension of registration, the director may reinstate the registration upon proof
28    of compliance by the applicant with all provisions of the decision as to reinstatement.
29        (2) After revocation of a registration, the director may not reinstate or reissue the
30    registration for a period of one year on or after the effective date or revocation.
31        Section 23. Section 13-30-23 is enacted to read:

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1         13-30-23. Notice of change of ownership, location, or other change.
2        (1) Any automotive repair dealer whose facility has been registered shall notify the
3    division regarding any change in ownership, location, or any other change which may significantly
4    affect the ability of the facility to meet requirements for registration.
5        (2) Any dealer's failure to notify shall be grounds for suspension or revocation.
6        (3) The division shall review the change and determine whether the facility still meets
7    registration requirements.
8        Section 24. Section 13-30-24 is enacted to read:
9         13-30-24. Monitoring and inspection.
10        The division may monitor and inspect any registered automotive repair facility on a regular
11    basis. The procedures for monitoring and inspection may include:
12        (1) on-site inspections of each registered facility, at least once annually;
13        (2) establishment of some reliable measure of customer satisfaction, such as an annual
14    random postcard or phone survey of each facility's customers, to determine the degree of
15    satisfaction or dissatisfaction with the services provided by the facility;
16        (3) establishment of an undercover car visitation program, if the director finds a program
17    appropriate and necessary, and if other methods of monitoring and inspection have proved to be
18    unsatisfactory; and
19        (4) coordination of the monitoring and inspection procedures with the division's regular
20    complaint-handling procedures and, when feasible, with the complaint-handling procedures of
21    other consumer service agencies, such as better business bureaus, automobile clubs, the District
22    or County Attorney, and private and public consumer groups, to provide more information relevant
23    to the director's decision regarding registration.
24        Section 25. Section 13-30-25 is enacted to read:
25         13-30-25. Education of public by division.
26        The division shall take necessary steps to insure widespread public knowledge of the
27    provisions of this chapter, both among automobile owners and automotive repair dealers. These
28    steps may include the following:
29        (1) notification of all automotive repair dealers in the state, at least once each year,
30    regarding registration procedures;
31        (2) publication of a booklet or circular containing the names of all automotive repair

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1    facilities that have been registered. The booklet shall be available within the state at all offices of
2    the division, and shall be made available to city, county, and private consumer services operations
3    upon request and to other outlets as the executive director may determine; and
4        (3) dissemination of the names of registered automotive repair facilities to the news media
5    on a regular basis.
6        Section 26. Section 13-30-26 is enacted to read:
7         13-30-26. Cooperation with other state agencies.
8        The division shall cooperate with the Utah Department of Public Safety and the Motor
9    Vehicle Enforcement Division within the Utah State Tax Commission to assist in the enforcement
10    of this chapter.
11        Section 27. Section 13-30-27 is enacted to read:
12         13-30-27. Administrative actions.
13        (1) In addition to other penalties and remedies set out under this chapter, and in addition
14    to its other enforcement powers under Title 13, Chapter 2, Division of Consumer Protection, the
15    director may issue a cease and desist order and impose an administrative fine of up to $1,000 for
16    each violation of this chapter.
17        (2) Any money received through administrative fines imposed under this section shall be
18    deposited in the Consumer Protection Education and Training Fund as created in Section 13-2-8.
19        Section 28. Section 13-30-28 is enacted to read:
20         13-30-28. Civil actions.
21        (1) The division may bring a civil action:
22        (a) to recover actual damages, for each violation, or obtain relief under Subsection (2) on
23    behalf of consumers who have complained to the division;
24        (b) to obtain a declaratory judgment that conduct violates this chapter; and
25        (c) to enjoin an automotive repair dealer who has violated or is violating this chapter.
26        (2) The division may bring a class action on behalf of consumers for the actual damages
27    caused by conduct violative of this chapter.
28        (3) Any civil judgment granted in favor of the division in connection with the enforcement
29    of this chapter shall include an award of reasonable attorney's fees, court costs, and costs of
30    investigation, in addition to any other monetary award or injunctive relief.
31        Section 29. Section 13-30-29 is enacted to read:

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1         13-30-29. Actions by consumers.
2        (1) A consumer may bring a civil action to:
3        (a) obtain a declaratory judgment that an act or practice violates this chapter; and
4        (b) enjoin an automotive repair dealer who has violated or is violating this chapter.
5        (2) A consumer who suffers loss as a result of a violation of this chapter may recover
6    actual damages or $2,000, whichever is greater, plus court costs, when not a plaintiff in a class
7    action.
8        (3) This chapter does not limit the rights or remedies which are otherwise available to a
9    consumer under any other law.
10        (4) In an action initiated under this section by the consumer, the court may award
11    attorney's fees to the prevailing party.

Legislative Review Note
    as of 2-6-97 10:22 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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