reglab/housing_qa huggingface dataset:
UT Code § 61-1-18.6 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 18.6 - Procedures -- Adjudicative proceedings.

61-1-18.6. Procedures -- Adjudicative proceedings.  The commission and division shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in an adjudicative proceeding under this chapter.  Amended by Chapter 351, 2009 General Session
UT Code § 61-1-18.7 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 18.7 - Funding of securities investor education, training, and enforcement.

61-1-18.7. Funding of securities investor education, training, and enforcement.    (1)   (a) There is created an expendable special revenue fund known as the "Securities Investor Education, Training, and Enforcement Fund" to provide revenue for the purposes stated in this section.     (b) For purposes of this section, "fund" means the Securities Investor Education, Training, and Enforcement Fund.       (2) Money received by the state by reason of civil penalties ordered and administrative fines collected pursuant to this chapter shall be deposited in the fund, and is subject to the requirements of Title 51, Chapter 5, Funds Consolidation Act.     (3) A fine collected by the division after July 1, 1989, pursuant to a voluntary settlement or administrative order shall be deposited into the fund.     (4)   (a) The fund shall earn interest.     (b) Interest earned on fund money shall be deposited into the fund.       (5) Notwithstanding Title 63J, Chapter 1, Budgetary Procedures Act, the director may use money in the fund, upon concurrence of the commission and the executive director of the Department of Commerce, in a manner consistent with the duties of the division and commission under this chapter and only for any or all of the following and the expense of providing them:   (a) education and training of Utah residents in matters concerning securities laws and investment decisions, by publications or presentations;     (b) education of registrants and licensees under this chapter, by:   (i) publication of this chapter and rules and policy statements and opinion letters issued under this chapter; and     (ii) sponsorship of seminars or meetings to educate registrants and licensees as to the requirements of this chapter;       (c) investigation and litigation; and     (d) to pay an award to a reporter as provided in Part 1, Securities Fraud Reporting Program Act.       (6) If the balance in the fund exceeds $500,000 at the close of any fiscal year, the excess shall be transferred to the General Fund.    Amended by Chapter 400, 2013 General Session
UT Code § 61-1-18.8 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 18.8 - Concurrence under this chapter.

 Effective 5/10/2016  61-1-18.8. Concurrence under this chapter.    (1) For purposes of this section, "concurrence" means the entities given a concurring role must jointly agree for the action to be taken.     (2) Except for Section 61-1-18.7, if a provision of this chapter requires concurrence between the director or division and the commission and no concurrence can be reached, the director or division has final authority.     (3) When this chapter requires concurrence between the director or division and the commission:   (a) the director or division shall report to and update the commission on a regular basis related to matters requiring concurrence; and     (b) the commission shall review the report submitted by the director or division under this Subsection (3) and concur with the report, or:   (i) provide a reason for not concurring with the report; and     (ii) provide recommendations to the division or director.        Enacted by Chapter 25, 2016 General Session
UT Code § 61-1-19 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 19 - Investigations authorized.

61-1-19. Investigations authorized.    (1)   (a) The division may make any public or private investigations within or without this state as the division considers necessary to determine whether a person has violated, is violating, or is about to violate this chapter or a rule or order issued under this chapter.     (b) To aid in the enforcement of this chapter or in the prescribing of rules and forms issued under this chapter, the division may require or permit a person to file a statement in writing, under oath or otherwise as to all the facts and circumstances concerning the matter to be investigated.     (c) The division may publish information concerning a violation of this chapter or the violation of a rule or order issued under this chapter.       (2) For the purpose of an investigation or proceeding under this chapter, the division, the commission, or an employee designated by the division may:   (a) administer an oath or affirmation;     (b) subpoena a witness and compel the attendance of the witness;     (c) take evidence; and     (d) require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records relevant or material to the investigation.      Amended by Chapter 351, 2009 General Session
UT Code § 61-1-21.1 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 21.1 - Limitation of prosecutions.

 Effective 5/10/2016  61-1-21.1. Limitation of prosecutions.    (1) An indictment or information may not be returned or civil complaint filed under this chapter more than five years after the alleged violation.     (2) An administrative action filed under this chapter may be commenced within 10 years after the violation occurs.     (3) When a violation is based on a series of acts or continuing course of business, the conduct may be considered as one continuing offense and the period of limitation described in Subsection (1) or (2) does not begin to run until the last act in the series of acts or course of business is completed.     (4) As to causes of action arising from violations of this chapter, the limitation of prosecutions provided in this section supersedes the limitation of actions provided in Section 76-1-302 and Title 78B, Chapter 2, Statutes of Limitations.    Amended by Chapter 401, 2016 General Session
UT Code § 61-1-21.5 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 21.5 - Legal counsel -- Prosecutions.

61-1-21.5. Legal counsel -- Prosecutions.    (1) The attorney general shall advise and represent the division, the commission, and the staff of the division in all civil matters, administrative or judicial, requiring legal counsel or services in:   (a) the exercise or defense of the division's or commission's power; or     (b) the performance of the division's or commission's duties.       (2) With the concurrence of the attorney general, the staff of the division may represent the division in hearings conducted during the course of adjudicative proceedings of the commission or the division.     (3)   (a) In the prosecution of all criminal actions under this chapter, the attorney general, county attorney, or district attorney of the appropriate jurisdiction, shall provide all legal services for the division, the commission, and the staff of the division.     (b) The division or commission may refer evidence that is available concerning a violation of this chapter for criminal prosecution to:   (i) the attorney general; or     (ii) the appropriate county attorney, district attorney, or United States Attorney's Office.         (4) The attorney general, a county attorney, or a district attorney of the appropriate jurisdiction may institute a criminal proceeding under this chapter, with or without referral from the division.    Amended by Chapter 351, 2009 General Session
UT Code § 61-1-23 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 23 - Review of orders.

61-1-23. Review of orders.  A person aggrieved by a final order under this chapter determining all of the issues of an adjudicative proceeding may obtain review of the order by the executive director in accordance with Title 63G, Chapter 4, Administrative Procedures Act.  Amended by Chapter 351, 2009 General Session
UT Code § 61-1-24 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 24 - Rules, forms, and orders.

61-1-24. Rules, forms, and orders.    (1)   (a) Subject to Subsection (1)(c), the division may make, amend, or rescind a rule, form, or order when necessary to carry out this chapter.     (b) For the purpose of a rule or form, the division may:   (i) classify securities, persons, and matters within the jurisdiction of the commission or division; and     (ii) prescribe different requirements for different classes.       (c) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, except that the division may not make, amend, or rescind a rule or form under this chapter without the concurrence of the commission.     (d) In prescribing a rule or form, the division may cooperate with the securities administrators of the other states and the Securities and Exchange Commission to achieve maximum uniformity in the form and content of registration statements, applications, and reports wherever practicable.       (2)   (a) The division may prescribe:   (i) the form and content of a financial statement required under this chapter;     (ii) the circumstances under which a consolidated financial statement shall be filed; and     (iii) whether or not a required financial statement shall be certified by an independent public accountant.       (b) A financial statement under this chapter shall be prepared in accordance with generally accepted accounting principles.       (3) A provision of this chapter that imposes liability does not apply to an act done or omitted in good faith in conformity with a rule, form, or order of the division or an order of the commission, notwithstanding that the rule, form, or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.    Amended by Chapter 347, 2009 General SessionAmended by Chapter 351, 2009 General Session
UT Code § 61-1-25 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 25 - Record of registrations.

61-1-25. Record of registrations.    (1)   (a) A document is filed when it is received by the division.     (b) If the last day prescribed for the filing of a document is a Saturday, Sunday, or legal holiday, the document is considered timely filed if it is filed on the next succeeding day that is not a Saturday, Sunday, or legal holiday.       (2)   (a) The division shall keep a register of:   (i) all applications for registration and registration statements that are or have ever been effective under this chapter; and     (ii) all denial, suspension, or revocation orders entered under this chapter.       (b) The register shall be open for public inspection.       (3) The information contained in or filed with a registration statement, application, or report may be made available to the public under the rules the division prescribes.     (4)   (a) The division shall furnish to a person a photostatic or other copy, certified under seal if requested, of an entry in the register or any document that is a matter of public record:   (i) upon request; and     (ii) at a reasonable charge prescribed by the division.       (b) In a proceeding or prosecution under this chapter, a copy certified under this Subsection (4) is prima facie evidence of the contents of the entry or document certified.       (5) The division may issue an interpretative opinion requested by an interested person if the commission concurs in the interpretative opinion.    Amended by Chapter 317, 2011 General Session
UT Code § 61-1-27 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 27 - Construction of chapter.

61-1-27. Construction of chapter.  This chapter may be so construed as to effectuate its general purpose to make uniform the law of those states which enact it and to coordinate the interpretation and administration of this chapter with the related federal regulation.  Amended by Chapter 284, 1983 General Session
UT Code § 61-1-28 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 28 - Citation of chapter.

61-1-28. Citation of chapter.  This chapter may be cited as the Utah Uniform Securities Act.  Amended by Chapter 284, 1983 General Session
UT Code § 61-1-29 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 29 - Savings clause.

61-1-29. Savings clause.  If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application.  Amended by Chapter 284, 1983 General Session
UT Code § 61-1-31 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 31 - Determining amount of fine.

 Effective 5/12/2020  61-1-31. Determining amount of fine.  For the purpose of determining the amount of a fine imposed under this chapter, the commission or court shall consider the following factors:  (1) the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;     (2) the harm to other persons resulting either directly or indirectly from the violation;     (3)   (a) the cooperation by the person in any inquiry conducted by the division concerning the violation;     (b) efforts by the person to prevent future occurrences of the violation; and     (c) efforts by the person to mitigate the harm caused by the violation, including any disgorgement or restitution made to other persons injured by the acts of the person;       (4) the history of previous violations by the person;     (5) the need to deter the person or other persons from committing the violation in the future;     (6) whether the person exercised undue influence;     (7) whether the person knew or should have known that the investor was a vulnerable adult;     (8) any direct or indirect compensation or economic benefit the person committing the violation received; and     (9) such other matters as justice may require.    Amended by Chapter 77, 2020 General Session
UT Code § 61-1-32 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 32 - Exemptions from licensure.

 Effective 5/8/2018  61-1-32. Exemptions from licensure.  Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this chapter, subject to the stated circumstances and limitations, without being licensed under this chapter:  (1) an individual licensed under the laws of this state, other than under this chapter, to practice or engage in an occupation or profession, while engaged in the lawful, professional, and competent practice of that occupation or profession;     (2) an individual serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or any other federal agency while engaged in activities regulated under this title as a part of employment with that federal agency if the individual holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and     (3) the spouse of an individual serving in the armed forces of the United States while the individual is stationed within this state, if:   (a) the spouse holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and     (b) the license is current and the spouse is in good standing in the state or jurisdiction of licensure.      Enacted by Chapter 462, 2018 General Session
UT Code § 61-2d-101 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2d - Utah High Cost Home Loan Act|Section 101 - Title.

61-2d-101. Title.  This chapter is known as the "Utah High Cost Home Loan Act."  Enacted by Chapter 252, 2004 General Session
UT Code § 61-2d-103 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2d - Utah High Cost Home Loan Act|Section 103 - Prepayment penalty.

61-2d-103. Prepayment penalty.    (1) The terms of a high-cost mortgage loan may contain terms under which a borrower must pay a penalty for prepayment.   (a) However, a penalty for prepayment cannot be assessed more than 36 months after the loan was originally made.     (b) The amount of the penalty may not exceed the total amount of interest paid at 80% of the immediately preceding six scheduled payments.       (2) For purposes of this section, any method of computing a refund or unearned scheduled interest is a prepayment penalty if it is less favorable to the borrower than the actuarial method.     (3) Notwithstanding Subsection (1), a high-cost mortgage may not require a prepayment penalty if:   (a) the high-cost mortgage is paid with the proceeds of a new loan by the same lender or an affiliate of that lender; or     (b) the penalty is prohibited under other applicable law.       (4) If a prepayment does not pay the full amount owed on the high-cost mortgage when the prepayment is made, the penalty shall be reduced by a percentage equal to the percentage of the balance owed before the prepayment that remains unpaid.    Enacted by Chapter 252, 2004 General Session
UT Code § 61-2d-104 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2d - Utah High Cost Home Loan Act|Section 104 - Negative amortization prohibited.

61-2d-104. Negative amortization prohibited.  A high cost mortgage shall provide for regular, periodic payments sufficient to pay:  (1) all accrued interest and a portion of principal on the scheduled due date for each payment; and     (2) the full amount owed during the term of the loan, if no late fees or other contingent charges are incurred.    Enacted by Chapter 252, 2004 General Session
UT Code § 61-2d-105 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2d - Utah High Cost Home Loan Act|Section 105 - Financing points and fees -- Restrictions.

61-2d-105. Financing points and fees -- Restrictions.    (1) A lender may not, in connection with the formation or consummation of a high-cost mortgage, finance, directly or indirectly, any portion of the points, fees, or other charges payable to the lender or any third party in an amount in excess of 8% of the total loan amount, unless the following additional disclosures are made to the borrower in conspicuous type size:   (a) "You are not required to complete this agreement merely because you have received these disclosures or have signed the loan application."     (b) "If you obtain this loan, the lender will have a mortgage on your home. You could lose your home or property, and any money you have put into it, if you do not meet your obligations under this loan."     (c) "The timing and amount of payments on debts you already are carrying contribute to the credit rating that is used to determine whether you may get a new loan and how much you will pay for that new loan. You should not accept any advice to ignore or delay making any payment on loans you already have, even if those loans will be paid off with the new loan."     (d) "You may get into serious financial difficulties if you use this loan to pay off old debts and then run up other new debts."       (2) The disclosures required by this section shall be given to the borrower no less than three business days prior to consummation of the transaction.     (3) After providing the disclosure required by this section, a lender may not change the terms of the extension of credit if such changes make the disclosures inaccurate, unless new disclosures are provided that meet the requirements of this section.     (4) A lender may provide new disclosures pursuant to Subsection (3) by telephone, if:   (a) the change is initiated by the borrower; and     (b) at the consummation of the transaction under which the credit is extended:   (i) the lender provides to the borrower the new disclosures in writing; and     (ii) the lender and borrower certify in writing that the new disclosures were provided by telephone, at least three days prior to the date of consummation of the transaction.        Enacted by Chapter 252, 2004 General Session
UT Code § 61-2d-106 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2d - Utah High Cost Home Loan Act|Section 106 - Arbitration clauses.

61-2d-106. Arbitration clauses.  To be valid, an arbitration clause in a high-cost mortgage contract must comply with the standards set forth in Title 78B, Chapter 11, Utah Uniform Arbitration Act or the Federal Arbitration Act, or any successor acts.  Amended by Chapter 3, 2008 General Session
UT Code § 61-2d-107 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2d - Utah High Cost Home Loan Act|Section 107 - Prohibition on single premium credit life insurance.

61-2d-107. Prohibition on single premium credit life insurance.  A borrower credit transaction involving a high-cost mortgage may not include:  (1) the offer or sale of any insurance policy, on a single premium or single fee basis, that insures, guarantees, or indemnifies the repayment of the outstanding balance of the loan against:   (a) death;     (b) illness;     (c) accident;     (d) disability; or     (e) unemployment of the borrower; or       (2) debt cancellation or a debt suspension agreement.    Enacted by Chapter 252, 2004 General Session
UT Code § 61-2d-108 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2d - Utah High Cost Home Loan Act|Section 108 - Increase in employees.

61-2d-108. Increase in employees.  Funds allocated for investigations in this chapter may only be used to employ additional employees if there is a 10% increase in caseloads.  Enacted by Chapter 252, 2004 General Session
UT Code § 61-2d-109 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2d - Utah High Cost Home Loan Act|Section 109 - Copies.

61-2d-109. Copies.  The lender shall provide, at no cost to the borrower, a complete set of all documents pertaining to the transaction, including copies of all documents to be executed or recorded and any loan documents changed at the closing:  (1) at the time of the closing if done in person; or     (2) no later than three business days from the closing if done by mail or any other format.    Enacted by Chapter 252, 2004 General Session
UT Code § 61-2d-110 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2d - Utah High Cost Home Loan Act|Section 110 - Encouraging default prohibited.

61-2d-110. Encouraging default prohibited.    (1) A lender may not recommend or encourage default or nonpayment leading to foreclosure on an existing loan or other debt prior to and in connection with the closing or planned closing of a high-cost mortgage that refinances all or any portion of such existing loan or debt.     (2) This section applies to all loans.    Enacted by Chapter 252, 2004 General Session