reglab/housing_qa huggingface dataset:
UT Code § 61-2c-402.1 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 4 - Enforcement|Section 402.1 - Adjudicative proceedings -- Review.

 Effective 5/13/2014  61-2c-402.1. Adjudicative proceedings -- Review.    (1)   (a) Before an action described in Section 61-2c-402 may be taken, the division shall:   (i) give notice to the person against whom the action is brought; and     (ii) commence an adjudicative proceeding.       (b) If after the adjudicative proceeding is commenced under Subsection (1)(a) the presiding officer determines that a person required to be licensed under this chapter has violated this chapter, the division may take an action described in Section 61-2c-402 by written order.       (2) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, a person against whom action is taken under this section may seek review by the executive director of the action.     (3) If a person prevails in a judicial appeal and the court finds that the state action was undertaken without substantial justification, the court may award reasonable litigation expenses to that individual or entity as provided under Title 78B, Chapter 8, Part 5, Small Business Equal Access to Justice Act.     (4)   (a) An order issued under this section takes effect 30 days after the service of the order unless otherwise provided in the order.     (b) If an appeal of an order issued under this section is taken by a person, the division may stay enforcement of the order in accordance with Section 63G-4-405.       (5) If ordered by the court of competent jurisdiction, the division shall promptly take an action described in Section 61-2c-402 against a license granted under this chapter.     (6)   (a) Except as provided in Subsection (6)(b), the division shall commence a disciplinary action under this chapter no later than the earlier of the following:   (i) four years after the day on which the violation is reported to the division; or     (ii) 10 years after the day on which the violation occurred.       (b) The division may commence a disciplinary action under this chapter after the time period described in Subsection (6)(a) expires if:   (i)   (A) the disciplinary action is in response to a civil or criminal judgment or settlement; and     (B) the division initiates the disciplinary action no later than one year after the day on which the judgment is issued or the settlement is final; or       (ii) the division and the person subject to a disciplinary action enter into a written stipulation to extend the time period described in Subsection (6)(a).        Amended by Chapter 350, 2014 General Session
UT Code § 61-2c-403 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 4 - Enforcement|Section 403 - Cease and desist orders.

61-2c-403. Cease and desist orders.    (1)   (a) The director may issue and serve by certified mail, or by personal service, on a person an order to cease and desist from an act if:   (i) the director has reason to believe that the person has been engaged, is engaging in, or is about to engage in the act constituting a violation of this chapter; and     (ii) it appears to the director that it would be in the public interest to stop the act.       (b) Within 10 days after service of the order, the party named in the order may request a hearing to be held in accordance with Title 63G, Chapter 4, Administrative Procedures Act.     (c) Pending a hearing requested under Subsection (1)(b), a cease and desist order shall remain in effect.       (2)   (a) After the hearing described in Subsection (1), if the director finds that an act of the person violates this chapter, the director:   (i) shall issue an order making the cease and desist order permanent; and     (ii) may impose another disciplinary action under Section 61-2c-402.       (b)   (i) The director may file suit in the name of the division to enjoin and restrain a person on whom an order is served under this section from violating this chapter if:   (A)   (I) the person does not request a hearing under Subsection (1); or     (II) a permanent cease and desist order is issued against the person following a hearing or stipulation; and       (B)   (I) the person fails to cease the act; or     (II) after discontinuing the act, the person again commences the act.         (ii) The suit described in Subsection (2)(b)(i) shall be filed in the district court in the county:   (A) in which the act occurs;     (B) where the individual resides; or     (C) where the individual or entity carries on business.           (3) The cease and desist order issued under this section may not interfere with or prevent the prosecution of a remedy or action enforcement under this chapter.     (4) An individual who violates a cease and desist order issued under this section is guilty of a class A misdemeanor.    Amended by Chapter 372, 2009 General Session
UT Code § 61-2c-404 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 4 - Enforcement|Section 404 - Civil actions.

61-2c-404. Civil actions.    (1)   (a) A person who violates this chapter is liable for an additional penalty, as determined by the court, of at least the amount the person received in consequence of a violation of this chapter as:   (i) commission;     (ii) compensation; or     (iii) profit.       (b) A person aggrieved by a violation of this chapter may:   (i) bring an action for a penalty described in Subsection (1)(a); and     (ii) use a penalty obtained under Subsection (1)(a) for the person's own use and benefit.         (2) A person who is not licensed under this chapter at the time of an act or service that requires a license under this chapter may not bring an action in court for the recovery of a commission, fee, or compensation for that act or service.     (3)   (a) A mortgage loan originator may not bring an action in the mortgage loan originator's own name for the recovery of a fee, commission, or compensation for transacting the business of residential mortgage loans unless the action is brought against the entity by which the mortgage loan originator is sponsored at the time of the act or service that is the subject of the action.     (b) An action by an entity for the recovery of a fee, commission, or other compensation shall be brought by:   (i) an entity; or     (ii) the principal lending manager of an entity on behalf of the entity.         (4) A principal lending manager who transacts the business of residential mortgage loans on the principal lending manager's own behalf may sue in the principal lending manager's own name for the recovery of a fee, commission, or compensation for transacting the business of residential mortgage loans.    Amended by Chapter 166, 2012 General Session
UT Code § 61-2c-405 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 4 - Enforcement|Section 405 - Penalty for violating this chapter -- Automatic revocation.

61-2c-405. Penalty for violating this chapter -- Automatic revocation.    (1) In addition to being subject to a disciplinary action by the commission, a person required to be licensed or certified under this chapter who violates this chapter:   (a) is guilty of a class A misdemeanor upon conviction of a first violation of this chapter; and     (b) is guilty of a third degree felony upon conviction of a second or subsequent violation of this chapter.       (2) A license or certification issued by the division to a person convicted of a violation of Section 76-6-1203 is automatically revoked.    Amended by Chapter 352, 2009 General SessionAmended by Chapter 372, 2009 General Session
UT Code § 61-2c-501 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 501 - Fund created.

61-2c-501. Fund created.    (1) There is created an expendable special revenue fund known as the "Residential Mortgage Loan Education, Research, and Recovery Fund."     (2) The interest earned on the fund shall be deposited into the fund.     (3) At the beginning of each fiscal year, the division shall make available $100,000 in the fund to satisfy final judgments rendered against a person licensed under this chapter.    Amended by Chapter 400, 2013 General Session
UT Code § 61-2c-501.5 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 501.5 - Definitions.

61-2c-501.5. Definitions.  As used in this part:   (1) "Civil judgment" means a judgment in a civil action that:   (a) is awarded in an action brought against a person licensed under this chapter on the basis of fraud, misrepresentation, or deceit in a residential mortgage loan transaction; and     (b) awards actual damages.       (2) "Criminal restitution judgment" means a judgment that, in accordance with the Utah Code of Criminal Procedure, orders criminal restitution to a person and against a person licensed under this chapter for a criminal offense involving fraud, misrepresentation, or deceit in a residential mortgage loan transaction.     (3) "Final judgment" means one of the following judgments upon termination of the proceedings related to the judgment, including appeals:   (a) a civil judgment; or     (b) a criminal restitution judgment.       (4) "Fund" means the Residential Mortgage Loan Education, Research, and Recovery Fund created in Section 61-2c-501.    Amended by Chapter 289, 2011 General Session
UT Code § 61-2c-502 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 502 - Additional license fee.

 Effective 5/12/2015  61-2c-502. Additional license fee.    (1) An individual who applies for or renews a license shall pay, in addition to any other fee required under this chapter, a reasonable annual fee:   (a) determined by the division with the concurrence of the commission; and     (b) not to exceed $18.       (2)   (a) An entity that applies for or renews an entity license shall pay, in addition to any other fee required under this chapter, a reasonable annual fee:   (i) determined by the division with the concurrence of the commission; and     (ii) not to exceed $25.       (b) This Subsection (2) applies:   (i) notwithstanding that an entity is operating under an assumed name registered with the division as required by Subsection 61-2c-201(5); and     (ii) to each branch office of an entity that is licensed under this chapter.         (3) Notwithstanding Section 13-1-2, the following shall be paid into the fund to be used as provided in this part:   (a) a fee provided in this section;     (b) a fee for certifying:   (i) a school as a certified education provider;     (ii) a prelicensing or continuing education course; or     (iii) a prelicensing or continuing education provider as an instructor; and       (c) a civil penalty imposed under this chapter.       (4) If the balance in the fund that is available to satisfy a judgment against a licensee decreases to less than $100,000, the division may make an additional assessment to a licensee to maintain the balance available at $100,000 to satisfy judgments.    Amended by Chapter 258, 2015 General Session
UT Code § 61-2c-504 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 504 - Authority to act on receipt of petition.

61-2c-504. Authority to act on receipt of petition.    (1) Upon receipt of a petition meeting the requirements of Section 61-2c-503, the division may answer, initiate review proceedings, or appear in a proceeding:   (a) in the name of the defendant to the action; or     (b) on behalf of the fund.       (2) The division may settle a claim subject to:   (a) the application of a petitioner; and     (b) court approval.      Enacted by Chapter 297, 2004 General Session
UT Code § 61-2c-505 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 505 - Court determination and order.

61-2c-505. Court determination and order.  If the court determines that a claim should be levied against the portion of the fund allocated to carry out this chapter, the court shall enter an order requiring the division to pay from the fund the portion of a final judgment that is payable from the fund under Section 61-2c-503.  Amended by Chapter 379, 2010 General Session
UT Code § 61-2c-506 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 506 - Insufficient funds to satisfy judgment -- Procedure and interest.

61-2c-506. Insufficient funds to satisfy judgment -- Procedure and interest.  If the money deposited in the fund and allotted for satisfying judgments against licensees is insufficient to satisfy an authorized claim for payment, the division shall, when sufficient money has been deposited in the fund, satisfy the unpaid claims in the order they originally were filed, together with accumulated interest at the rate allowable on judgments under Section 15-1-4.  Enacted by Chapter 297, 2004 General Session
UT Code § 61-2c-507 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 507 - Division subrogated -- Authority to suspend license.

 Effective 5/10/2016  61-2c-507. Division subrogated -- Authority to suspend license.    (1) If the division pays a person from the fund in accordance with this part:   (a) the division is subrogated to the rights of that person for the amounts paid out of the fund; and     (b) any amount and interest recovered by the division shall be deposited in the fund.       (2)   (a) Subject to Subsection (2)(b), the license of a licensee for whom payment from the fund is made under this part is automatically suspended as of the earlier of the day on which:   (i) the division is ordered by a court to pay from the fund; or     (ii) the division pays from the fund.       (b)   (i) A person whose license is suspended under Subsection (2)(a) may appeal the suspension in a de novo hearing conducted by the commission:   (A) after the suspension; and     (B) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.       (ii) The commission may delegate:   (A) to the division or an administrative law judge the authority to conduct a hearing described in Subsection (2)(b)(i); or     (B) to the division the authority to make a decision on whether relief from a suspension should be granted.           (3) Unless the suspension is not upheld after a hearing described in Subsection (2)(b), a licensee whose license is suspended pursuant to Subsection (2) may not apply to renew a license nor apply for a new license until the licensee:   (a) pays into the fund:   (i) the amount paid out of the fund on behalf of the licensee; and     (ii) interest at a rate determined by the division with the concurrence of the commission; and       (b) participates in a hearing before the commission and is approved by the commission, with the concurrence of the director, for licensure or activation of the suspended license.      Amended by Chapter 384, 2016 General Session
UT Code § 61-2c-508 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 508 - Failure to comply.

61-2c-508. Failure to comply.  The failure of a person to comply with this part is a waiver of any right provided under this part.  Enacted by Chapter 297, 2004 General Session
UT Code § 61-2c-509 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 509 - Disciplinary actions.

61-2c-509. Disciplinary actions.    (1) This part does not limit the authority of the director or commission to take disciplinary action against a licensee for a violation of:   (a) this chapter; or     (b) rules made by the division under this chapter.       (2) The repayment in full of all obligations to the fund by a licensee does not nullify or modify the effect of a disciplinary proceeding brought under:   (a) this chapter; or     (b) rules made by the division under this chapter.      Amended by Chapter 372, 2009 General Session
UT Code § 61-2c-510 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2c - Utah Residential Mortgage Practices and Licensing Act|Part 5 - Residential Mortgage Loan Education, Research, and Recovery Fund|Section 510 - Money accumulated -- Purpose.

61-2c-510. Money accumulated -- Purpose.    (1) The division may use money accumulated in the fund in excess of the amount necessary to satisfy claims to:   (a) investigate violations of this chapter related to fraud; and     (b) advance education and research in the field of residential mortgage loans.       (2) The division may use the excess money described in Subsection (1) only in a manner consistent with Subsection (1), including for:   (a) courses sponsored by the division;     (b) courses offered by the division in conjunction with a university or college in Utah;     (c) contracting for a research project for the state in the field of residential mortgage loans;     (d) funding the salaries and training expenses of division staff members who are employed in positions related to the education of mortgage licensees;     (e) funding the training expenses of division staff members who are employed in positions conducting investigations of complaints under this chapter; and     (f) publishing and distributing educational materials to:   (i) licensees; and     (ii) applicants for licensure.        Amended by Chapter 325, 2007 General Session
UT Code § 61-2e-101 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2e - Appraisal Management Company Registration and Regulation Act|Part 1 - General Provisions|Section 101 - Title.

61-2e-101. Title.  This chapter is known as the "Appraisal Management Company Registration and Regulation Act."  Enacted by Chapter 269, 2009 General Session
UT Code § 61-2e-103 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2e - Appraisal Management Company Registration and Regulation Act|Part 1 - General Provisions|Section 103 - Rulemaking.

61-2e-103. Rulemaking.  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules, with the concurrence of the division, that are:  (1) consistent with this chapter; and     (2) necessary to implement this chapter.    Amended by Chapter 289, 2011 General Session
UT Code § 61-2e-104 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2e - Appraisal Management Company Registration and Regulation Act|Part 1 - General Provisions|Section 104 - Exemption.

 Effective 5/8/2018  61-2e-104. Exemption.  This chapter does not apply to:  (1) an entity that:   (a) exclusively employs an individual on an employer-employee basis for the performance of a real estate appraisal activity in the normal course of the entity's business;     (b) is responsible for ensuring that the real estate appraisal activity being performed by an employee is performed in accordance with applicable appraisal standards; and     (c) is a federally regulated appraisal management company;       (2) an individual who:   (a) is an appraiser; and     (b) in the normal course of business enters into an agreement, whether written or otherwise, with another appraiser for the performance of a real estate appraisal activity that the individual cannot complete for any reason, including:   (i) competency;     (ii) work load;     (iii) schedule; or     (iv) geographic location; or         (3) an individual who:   (a) in the normal course of business enters into an agreement, whether written or otherwise, with an appraiser for the performance of a real estate appraisal activity; and     (b) under the agreement, cosigns the report of the appraiser performing the real estate appraisal activity upon the completion of the real estate appraisal activity.      Amended by Chapter 213, 2018 General Session
UT Code § 61-2e-205 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2e - Appraisal Management Company Registration and Regulation Act|Part 2 - Registration|Section 205 - Division service fees -- Federal registry fees.

 Effective 5/5/2021  61-2e-205. Division service fees -- Federal registry fees.    (1) The division, with the concurrence of the board, shall establish and collect fees, in accordance with Section 63J-1-504, for services the division renders to carry out this chapter.     (2)   (a) The division shall:   (i) collect the annual registry fee established by the Appraisal Subcommittee from:   (A) each appraisal management company registered under this chapter; and     (B) each federally regulated appraisal management company; and       (ii) transfer the fees collected under Subsection (2)(a) to the Appraisal Subcommittee on a monthly basis.       (b) If an appraisal management company registered under this chapter fails to pay the annual registry fee established by the Appraisal Subcommittee, the division may suspend or revoke the appraisal management company's registration.       (3) If an appraisal management company pays a fee or cost to the division with a negotiable instrument or any other payment method that is not honored, the division:   (a) may void the transaction for which the payment is submitted;     (b) may reverse the transaction, if the division does not receive full payment of the applicable fee or cost; and     (c) shall suspend the appraisal management company's registration:   (i) beginning the day on which the payment is due; and     (ii) ending the day on which payment is made in full.        Amended by Chapter 259, 2021 General Session