reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 115 - Criminal investigation -- Prosecution -- Property disposition.

Effective 5/4/2022
13-32a-115.
Criminal investigation -- Prosecution -- Property disposition.
(1) If the property pawned or sold to a pawn or secondhand business or catalytic converter purchaser is the subject of a criminal investigation and a hold has been placed on the property under Section 13-32a-109, the original victim shall do the following to establish a claim:
(a) positively identify to law enforcement the property stolen or lost;
(b) if a police report has not already been filed for the original theft or loss of property, file a police report, and provide for the law enforcement agency information surrounding the original theft or loss of property; and
(c) give a sworn statement under penalty of law that:
(i) claims ownership of the property;
(ii) references the original theft or loss; and
(iii) identifies the perpetrator if known.
(2) The pawn or secondhand business or catalytic converter purchaser shall retain possession of any property subject to a hold until a criminal prosecution is commenced relating to the property for which the hold was placed unless:
(a) during the course of a criminal investigation the actual physical possession by law enforcement of the property purchased or pawned is essential for the purpose of forensic testing of the property, or if the property contains unique or sensitive personal identifying information; or
(b) an agreement between the original victim and the pawn or secondhand business or catalytic converter purchaser to return the property is reached.
(3)
(a) Upon the commencement of a criminal prosecution, any property subject to a hold for investigation under this chapter may be seized by the law enforcement agency that requested the hold.
(b) Subsequent disposition of the property shall be consistent with this chapter.
(4) At all times during the course of a criminal investigation and subsequent prosecution, the property subject to a law enforcement hold shall be kept secure by the pawn or secondhand business or catalytic converter purchaser subject to the hold unless the pawned or purchased property has been seized by the law enforcement agency pursuant to Section 13-32a-109.5.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 116 - Property disposition -- Property subject to prosecution -- Property not used as evidence.

Effective 5/4/2022
13-32a-116.
Property disposition -- Property subject to prosecution -- Property not used as evidence.
When property that is pawned or sold to a pawn or secondhand business or catalytic converter purchaser is the subject of a criminal proceeding, and has been seized by law enforcement pursuant to this chapter, the prosecuting agency shall notify the seizing agency, the original victim, and the pawn or secondhand business or catalytic converter purchaser in compliance with Subsection 13-32a-109(8), if the prosecuting agency determines the article is no longer needed as evidence pending resolution of the criminal case.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 116.5 - Contested disposition of property - Procedure.

Effective 5/3/2023
13-32a-116.5.
Contested disposition of property - Procedure.
(1) If a pawn or secondhand business or catalytic converter purchaser receives notice from a law enforcement agency under Section 13-32a-109 that property that is the subject of a hold or seizure shall be returned to an identified original victim, the pawn or secondhand business or catalytic converter purchaser may contest the determination and seek a specific alternative disposition if within 15 business days after the day on which the pawn or secondhand business or catalytic converter purchaser receives the notice:
(a) the pawn or secondhand business or catalytic converter purchaser gives notice to the identified original victim, by certified mail, that the pawn or secondhand business or catalytic converter purchaser contests the determination to return the property to the original victim; and
(b) the pawn or secondhand business or catalytic converter purchaser files a petition in a court having jurisdiction over the matter to determine rightful ownership of the property as provided in Section 77-11a-305.
(2) A pawn or secondhand business or catalytic converter purchaser is guilty of a class B misdemeanor if the pawn or secondhand business or catalytic converter purchaser:
(a) holds or sells property in violation of a notification from a law enforcement agency that the property is to be returned to an original victim; and
(b) does not comply with the requirements of this section within the time periods specified.
Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 118 - Payment limitation for catalytic converter purchases.

Effective 5/4/2022
13-32a-118.
Payment limitation for catalytic converter purchases.
(1) A catalytic converter purchaser, when making a catalytic converter purchase, may not pay the seller for the catalytic converter with cash or a gift card.
(2) Subsection (1) does not apply to a catalytic converter purchase in which the amount paid to the seller is under $100.
Enacted by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 102 - Division responsibilities.

Effective 1/1/2024
13-34-102.
Division responsibilities.
(1) The division shall:
(a) exercise its enforcement powers in accordance with Chapter 2, Division of Consumer Protection, and this chapter;
(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(i) establish the content of a registration statement required under this chapter;
(ii) establish a process for reviewing and responding to complaints the division receives in accordance with this chapter; and
(iii) establish a graduated fee structure in accordance with Section 63J-1-504 for filing a registration statement;
(c) issue a registration certificate or state authorization certificate to a postsecondary school upon the division's receipt and approval of a qualifying registration statement;
(d) maintain and publish a list of postsecondary schools to which the division has issued a:
(i) registration certificate; or
(ii) state authorization certificate; and
(e) deposit fees established in accordance with Subsection (1)(b)(iii), and collected in accordance with this chapter into the Commerce Service Account created in Section 13-1-2.
(2) The division may:
(a) accept a copy of an educational credential from a postsecondary school that ceases operation;
(b) charge a reasonable fee for providing a copy of an educational credential;
(c) upon request, provide a letter confirming that a postsecondary school is exempt from registration in accordance with Section 13-34-111; and
(d) negotiate and enter into an interstate reciprocity agreement with another state, if in the judgment of the division, the agreement is consistent with the purposes of this chapter.
Repealed and Re-enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 103 - Rulemaking authority.

Effective 1/1/2024
13-34-103.
Rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules:
(1) establishing the form and content of:
(a) a registration statement; and
(b) a surety bond, certificate of deposit, irrevocable letter of credit, or other proof of financial viability required under Section 13-34-202;
(2) specifying the information a postsecondary school is required to provide with a registration statement, which may vary based upon factors including:
(a) the certificate the postsecondary school seeks;
(b) whether the postsecondary school is an accredited postsecondary school; and
(c) whether the postsecondary school is a longstanding nonprofit accredited postsecondary school;
(3) establishing the amount of a surety bond, certificate of deposit, or irrevocable letter of credit required under Section 13-34-202, not to exceed an amount equal to the tuition and fees a postsecondary school anticipates receiving during a school year;
(4) providing for the execution and cancellation of the surety bond, certificate of deposit, or irrevocable letter of credit a postsecondary school obtains in accordance with Section 13-34-202;
(5) establishing the amount of money a school may charge a student in a 12 month period to qualify for an exemption in accordance with Subsection 13-34-111(3)(d)(i)(C);
(6) specifying acts or practices that:
(a) are prohibited in accordance with Section 13-34-108; and
(b) a postsecondary school that intends to cease operating is required to carry out;
(7) specifying student outcomes a postsecondary school is required to disclose under Section 13-34-109;
(8) specifying the electronic format in which a postsecondary school is required to maintain an educational credential in accordance with Section 13-34-203;
(9) establishing the type and number of credits required to obtain a degree or diploma from a postsecondary school that is not an accredited postsecondary school; and
(10) establishing:
(a) standards for granting to a postsecondary school a state authorization certificate in accordance with a reciprocity agreement;
(b) any filing, document, or fee required for a postsecondary school to obtain a state authorization certificate in accordance with a reciprocity agreement; and
(c) penalties for a postsecondary school that fails to comply with rules the division makes under this Subsection (10).
Repealed and Re-enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 104 - Enforcement powers -- Action by division -- Referral.

Effective 1/1/2024
13-34-104.
Enforcement powers -- Action by division -- Referral.
(1)
(a) In addition to the division's other enforcement powers under Chapter 2, Division of Consumer Protection, and elsewhere in this chapter, the division may, in response to a complaint or on the division's own initiative, investigate a postsecondary school to verify compliance with this chapter.
(b) For the purpose of an investigation described in Subsection (1)(a), the division may:
(i) administer an oath or affirmation;
(ii) issue a subpoena for testimony or the production of evidence;
(iii) visit a postsecondary school's physical location; and
(iv) conduct an audit.
(2)
(a) The division may provide information concerning a potential violation of this chapter or rule made under this chapter to the attorney general, the county attorney, or district attorney of any county or prosecution district in which the violation or potential violation is occurring or has occurred.
(b) The attorney described in Subsection (2)(a) shall investigate the information provided by the division and immediately prosecute or bring suit to enjoin an act determined to be a violation of the chapter or rule.
(3) In addition to other penalties and remedies in this chapter, and in addition to the division's other enforcement powers under Section 13-2-6, the division may:
(a) issue a cease and desist order;
(b) impose an administrative fine for a violation of this chapter as described in Section 13-34-105; or
(c) bring an action in a court of competent jurisdiction to enforce a provision of this chapter.
(4) In an action the division brings to enforce a provision of this chapter, the court may:
(a) declare that an act or practice violates a provision of this chapter;
(b) issue an injunction for a violation of this chapter;
(c) order disgorgement of money received in violation of this chapter;
(d) order payment of disgorged money to an injured person;
(e) impose a fine;
(f) order payment of a fine imposed under Section 13-34-105;
(g) order production of educational records to the division; or
(h) award any other relief the court deems reasonable and necessary.
(5) If a court of competent jurisdiction grants judgment or injunctive relief in the division's favor, the court shall award the division:
(a) reasonable attorney fees;
(b) court costs; and
(c) investigative fees.
(6) The division shall deposit all money the division receives for the payment of a fine or civil penalty imposed under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Repealed and Re-enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 105 - Penalties and remedies.

Effective 1/1/2024
13-34-105.
Penalties and remedies.
(1) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, and elsewhere in this chapter, the division director may, for a violation of this chapter:
(a) issue a cease and desist order; and
(b) impose an administrative fine of up to:
(i) $250 per day that a postsecondary school operates without an effective registration certificate;
(ii) $1,000 for each violation of Section 13-34-203;
(iii) $2,500 for each violation of this chapter that is not:
(A) described in Subsections (1)(b)(i) or (ii); or
(B) an intentional violation; or
(iv) $5,000 for each intentional violation of this chapter.
(2) A person intentionally violates this chapter if:
(a)
(i) the violation occurs after one of the following notifies the person that the person has violated or is violating this chapter:
(A) the division;
(B) the attorney general; or
(C) a district attorney or county attorney; and
(ii) the violation is the same as the violation of which the person was notified under Subsection (2)(a)(i); or
(b) a person violates a cease and desist order the division issues under Subsection (1)(a).
(3) An intentional violation of this chapter is a class B misdemeanor.
(4) The division shall deposit all money the division receives as payment for administrative fines imposed under Subsection (1)(b) into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Repealed and Re-enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 107 - Limitation of authority.

Effective 1/1/2024
13-34-107.
Limitation of authority.
Except for satisfying the provisions of this chapter and any rule made by the division in accordance with this chapter, nothing in this chapter authorizes the division to regulate educational content or to regulate a postsecondary school's day-to-day operations.
Repealed and Re-enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 110 - Requirement to provide official transcript and diploma to a student.

Effective 1/1/2024
13-34-110.
Requirement to provide official transcript and diploma to a student.
(1) A postsecondary school shall provide an official transcript or diploma to a student within 60 days of receiving a request from the student or the student's authorized representative.
(2) A postsecondary school may charge a reasonable fee to provide a transcript or diploma as described in Subsection (1).
Repealed and Re-enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 112 - Enforcement of contract or agreement -- Rescission based on defective registration statement -- Rescission based on revocation of certificate of state authorization.

Effective 1/1/2024
13-34-112.
Enforcement of contract or agreement -- Rescission based on defective registration statement -- Rescission based on revocation of certificate of state authorization.
(1) A postsecondary school subject to this chapter may not enforce in the courts of this state a contract or agreement relating to postsecondary education services unless, at the time the contract or agreement is executed:
(a) the division has issued a registration certificate to the postsecondary school; or
(b) the postsecondary school is exempt from this chapter under Section 13-34-111.
(2) If an accredited postsecondary school's state authorization certificate is revoked in accordance with Section 13-34-106, or the accredited postsecondary school loses its accreditation, a student who enrolled in the postsecondary school in reliance upon the benefits offered by the accredited postsecondary school's possession of a valid state authorization certificate or the accredited postsecondary school's accreditation may rescind an enrollment agreement.
(3) If a student rescinds an enrollment agreement as described in Subsection (2), the postsecondary school shall:
(a) release the student's future obligation to the postsecondary school for any tuition, fees, or other charges that the student paid to the postsecondary school; and
(b) refund the student any tuition, fees, or other charges that the student, or a person on the student's behalf, paid to the postsecondary school.
Repealed and Re-enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 1 - General Provisions › Section 113 - Private right of action.

Effective 1/1/2024
13-34-113.
Private right of action.
(1) A person may bring an action in a court of competent jurisdiction against a postsecondary school that does not comply with this chapter.
(2) If a court of competent jurisdiction finds that a postsecondary school violated this chapter, a person who brings an action under Subsection (1) is entitled to:
(a) declaratory judgment that an act or practice violates this chapter;
(b) injunctive relief;
(c) rescission of a contract;
(d) for a loss suffered as a result of a violation of this chapter, an amount equal to the greater of:
(i) actual damages; or
(ii) $2,000; and
(e) an award of reasonable attorney fees and court costs.
Repealed and Re-enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 2 - Postsecondary School Responsibilities › Section 202 - Surety requirements.

Effective 1/1/2024
13-34-202.
Surety requirements.
(1) A postsecondary school required to obtain a registration certificate in accordance with this chapter shall maintain, in a form and amount approved by the division:
(a) a surety bond;
(b) a certificate of deposit;
(c) an irrevocable letter of credit; or
(d) other proof of financial viability specified in rules the division makes under Section 13-34-103.
(2) The surety bond, certificate of deposit, or irrevocable letter of credit shall be used as protection against loss of unearned tuition, tuition paid for credits that a student earned but that are not transferrable to a comparable postsecondary school, book fees, supply fees, or equipment fees:
(a) collected by the postsecondary school from a student or another person on a student's behalf; or
(b) that the student is obligated to pay.
(3) A surety bond, certificate of deposit, or irrevocable letter of credit obtained in accordance with this section may not expire:
(a) earlier than 60 days after the first day on which no student is enrolled in the postsecondary school; and
(b) while students are enrolled in the postsecondary school.
Enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 2 - Postsecondary School Responsibilities › Section 203 - Record keeping.

Effective 1/1/2024
13-34-203.
Record keeping.
(1) A postsecondary school shall maintain a student's official transcript and any diploma, degree, or certificate:
(a) in an electronic format established by division rule in accordance with Section 13-34-103; and
(b) for not less than 60 years.
(2) A postsecondary school shall maintain an educational credential not described in Subsection (1):
(a) in an electronic format established by division rule in accordance with Section 13-34-103; and
(b) for not less than 10 years.
(3) A postsecondary school shall maintain a student's enrollment agreement, record of the student's payment, and any financing agreement:
(a) in an electronic format established by division rule in accordance with Section 13-34-103; and
(b) for not less than 10 years.
(4)
(a) The division may require a postsecondary school to provide an educational credential to the division.
(b) A postsecondary school shall provide a requested educational credential to the division within 14 days of a request from the division described in Subsection (4)(a).
(5) Each educational credential that is not maintained in accordance with this section constitutes a separate violation of this chapter.
(6)
(a) A postsecondary school may submit to the division a written petition to request that the 60-year period described in Subsection (1) be reduced.
(b) Upon receipt of a written petition from a postsecondary school, the division may reduce the 60-year period described in Subsection (1) if:
(i) the reduced period will not substantially harm student interests;
(ii) the reduced period is consistent with any applicable requirement imposed on the postsecondary school by its accreditor or by the United States Department of Education; and
(iii) the postsecondary school demonstrates good cause for the reduced period.
Enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 2 - Postsecondary School Responsibilities › Section 204 - Reporting material changes to registration statement.

Effective 1/1/2024
13-34-204.
Reporting material changes to registration statement.
(1) A postsecondary school shall notify the division in writing within 30 days of any material change to any information provided in a registration statement.
(2) The division may require a postsecondary school to submit a new registration statement based upon a material change to the information provided in a registration statement.
Enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 3 - State Authorization › Section 301 - State authorization -- State authorization certificate.

Effective 1/1/2024
13-34-301.
State authorization -- State authorization certificate.
(1) A postsecondary school that operates in the state obtains state authorization for purposes of 34 C.F.R. Sec. 600.9 if the division issues to the postsecondary school a state authorization certificate in accordance with this chapter.
(2) A postsecondary school may obtain state authorization in a manner different from the manner described in Subsection (1) if the alternative manner is accepted by the United States Department of Education.
(3)
(a) A state authorization certificate is not an endorsement or approval of a postsecondary school by the division or the state.
(b) A postsecondary school may not represent that a state authorization certificate is an endorsement or approval by the division or the state.
Enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 3 - State Authorization › Section 302 - Registration statement for state authorization certificate -- Expiration.

Effective 1/1/2024
13-34-302.
Registration statement for state authorization certificate -- Expiration.
(1) A postsecondary school may submit a registration statement to obtain a state authorization certificate if the postsecondary school is accredited by an accrediting agency recognized by the United States Department of Education.
(2) To obtain a state authorization certificate, a postsecondary school shall submit a registration statement on a form approved by the division that includes:
(a) proof of current accreditation from the postsecondary school's accrediting agency; and
(b) all information required by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
(a) Except as provided in Subsection (3)(b), a state authorization certificate expires two years after the division issues the state authorization certificate to an accredited postsecondary school.
(b) Notwithstanding Subsection (3)(a), the division may extend the period for which a state authorization certificate is effective so that expiration dates are staggered throughout the year.
(4) A state authorization certificate that the division issues to a longstanding nonprofit accredited postsecondary school:
(a) expires two years after the division issues the state authorization certificate;
(b) establishes the postsecondary school by name as an educational institution in accordance with 34 C.F.R. Sec. 600.9(a)(1)(i);
(c) makes the postsecondary school independent of the state system of higher education; and
(d) authorizes the postsecondary school to operate educational programs in the state that are beyond secondary education, including programs that lead to a degree or certificate.
(5) A state authorization certificate that the division issues to a public postsecondary school does not expire.
(6) A postsecondary school may satisfy Subsection (2)(a) by demonstrating to the division that the postsecondary school is:
(a) within a grace period provided by the United States Department of Education for obtaining new accreditation; or
(b) otherwise considered by the United States Department of Education to have recognized accreditation.
Enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 34 - Utah Postsecondary School and State Authorization Act › Part 3 - State Authorization › Section 303 - Authority to execute interstate reciprocity agreement.

Effective 1/1/2024
13-34-303.
Authority to execute interstate reciprocity agreement.
(1) As used in this section, "institution of higher education" means an institution listed in Section 53B-1-102.
(2) The division may execute an interstate reciprocity agreement that is:
(a) for purposes of state authorization in accordance with 34 C.F.R. Sec. 600.9; and
(b) for the benefit of:
(i) postsecondary schools in the state; or
(ii)
(A) postsecondary schools in the state; and
(B) institutions of higher education.
(3) If the division executes an interstate reciprocity agreement described in Subsection (2) that includes institutions of higher education, the Utah Board of Higher Education may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a) implement the reciprocity agreement; and
(b) relate to institutions of higher education.
Enacted by Chapter 458, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 1 - General Administration › Section 104 - Powers and duties of the advisory board and the executive director.

13-35-104.
Powers and duties of the advisory board and the executive director.
(1)
(a) Except as provided in Subsection 13-35-106(3), the advisory board shall make recommendations to the executive director on the administration and enforcement of this chapter, including adjudicative and rulemaking proceedings.
(b) The executive director shall:
(i) consider the advisory board's recommendations; and
(ii) issue any final decision by the department.
(2) The executive director, in consultation with the advisory board, shall make rules for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
(a) An adjudicative proceeding under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) In an adjudicative proceeding under this chapter, any order issued by the executive director:
(i) shall comply with Section 63G-4-208, whether the proceeding is a formal or an informal adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act; and
(ii) if the order modifies or rejects a finding of fact in a recommendation from the advisory board, shall be made on the basis of information learned from the executive director's:
(A) personal attendance at the hearing; or
(B) review of the record developed at the hearing.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 1 - General Administration › Section 105 - Registration -- Fees.

13-35-105.
Registration -- Fees.
(1) A franchisee or franchisor doing business in this state shall:
(a) annually register or renew its registration with the department in a manner established by the department; and
(b) pay an annual registration fee in an amount determined by the department in accordance with Sections 13-1-2 and 63J-1-504.
(2) The department shall register or renew the registration of a franchisee or franchisor if the franchisee or franchisor complies with this chapter and rules made by the department under this chapter.
(3) A franchisee or franchisor registered under this section shall comply with this chapter and any rules made by the department under this chapter including any amendments to this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
(4) The fee imposed under Subsection (1)(b) shall be collected by the department and deposited into the Commerce Service Account created by Section 13-1-2.
(5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of a franchisor does not need to be registered under this section if the franchisor is registered under this section.
Amended by Chapter 278, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 1 - General Administration › Section 106 - Administrative proceedings commenced by the agency.

13-35-106.
Administrative proceedings commenced by the agency.
(1) Except as provided in Subsection (3), after a hearing and after receipt of the advisory board's recommendation, if the executive director finds that a person has violated this chapter or any rule made under this chapter, the executive director may:
(a) issue a cease and desist order; and
(b) assess an administrative fine.
(2)
(a) In determining the amount and appropriateness of an administrative fine under Subsection (1), the executive director shall consider:
(i) the gravity of the violation;
(ii) any history of previous violations; and
(iii) any attempt made by the person to retaliate against another person for seeking relief under this chapter or other federal or state law relating to the motor vehicle industry.
(b) In addition to any other action permitted under Subsection (1), the department may file an action with a court seeking to enforce the executive director's order and pursue the executive director's assessment of a fine in an amount not to exceed $5,000 for each day a person violates an order of the executive director.
(3)
(a) In addition to the grounds for issuing an order on an emergency basis listed in Subsection 63G-4-502(1), the executive director may issue an order on an emergency basis if the executive director determines that irreparable damage is likely to occur if immediate action is not taken.
(b) In issuing an emergency order under Subsection (3)(a), the executive director shall comply with the requirements of Subsections 63G-4-502(2) and (3).
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 1 - General Administration › Section 107 - Administrative proceedings -- Request for agency action.

13-35-107.
Administrative proceedings -- Request for agency action.
(1)
(a) A person may commence an adjudicative proceeding in accordance with this chapter and with Title 63G, Chapter 4, Administrative Procedures Act, to:
(i) remedy a violation of this chapter;
(ii) obtain approval of an act regulated by this chapter; or
(iii) obtain any determination that this chapter specifically authorizes that person to request.
(b) A person shall commence an adjudicative proceeding by filing a request for agency action in accordance with Section 63G-4-201.
(2) After receipt of the advisory board's recommendation, the executive director shall apportion in a fair and equitable manner between the parties any costs of the adjudicative proceeding, including reasonable attorney fees.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 2 - Franchises in General › Section 205 - Liability for damages to motor vehicles in transit -- Disclosure required.

13-35-205.
Liability for damages to motor vehicles in transit -- Disclosure required.
(1)
(a) A franchisee is solely liable for damage to a new powersport vehicle after delivery by and acceptance from the carrier.
(b) A delivery receipt or bill of lading, or similar document, signed by a franchisee is evidence of a franchisee's acceptance of a new powersport vehicle.
(2) A franchisor is liable for all damage to a powersport vehicle before delivery to and acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier or transporter.
(3) A franchisor shall disclose to the franchisee any repairs made prior to delivery, only if the cost of the repair exceeds 3% of the manufacturer's wholesale price, as measured by retail repair costs.
(4) Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to a new powersport vehicle after delivery to the carrier or transporter if the franchisee selected:
(a) the method and mode of transportation; and
(b) the carrier or transporter.
Enacted by Chapter 234, 2002 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 301 - Termination or noncontinuance of franchise.

13-35-301.
Termination or noncontinuance of franchise.
(1) Except as provided in Subsection (2), a franchisor may not terminate or refuse to continue a franchise agreement unless:
(a) the franchisee has received written notice from the franchisor 60 days before the effective date of termination or noncontinuance setting forth the specific grounds for termination or noncontinuance that are relied on by the franchisor as establishing good cause for the termination or noncontinuance;
(b) the franchisor has good cause for termination or noncontinuance; and
(c) the franchisor is willing and able to comply with Section 13-35-105.
(2) A franchisor may terminate a franchise, without complying with Subsection (1):
(a) if for a particular line-make the franchisor or manufacturer discontinues that line-make;
(b) if the franchisee's registration as a new powersport vehicle dealer is revoked under Section 13-35-105; or
(c) upon a mutual written agreement of the franchisor and franchisee.
(3)
(a) At any time before the effective date of termination or noncontinuance of the franchise, the franchisee may apply to the advisory board for a hearing on the merits, and following notice to all parties concerned, the hearing shall be promptly held as provided in Section 13-35-304.
(b) A termination or noncontinuance subject to a hearing under Subsection (3)(a) may not become effective until:
(i) final determination of the issue by the executive director; and
(ii) the applicable appeal period has lapsed.
Amended by Chapter 268, 2005 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 303 - Effect of terminating a franchise.

13-35-303.
Effect of terminating a franchise.
If under Section 13-35-301 the executive director permits a franchisor to terminate or not continue a franchise and prohibits the franchisor from entering into a franchise for the sale of new powersport vehicles of a line-make in a relevant market area, the franchisor may not enter into a franchise for the sale of new powersport vehicles of that line-make in the specified relevant market area unless the executive director determines, after a recommendation by the advisory board, that there has been a change of circumstances so that the relevant market area at the time of the establishment of the new franchise agreement can reasonably be expected to support the new franchisee.
Amended by Chapter 268, 2005 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 304 - Hearing regarding termination, relocation, or establishment of franchises.

13-35-304.
Hearing regarding termination, relocation, or establishment of franchises.
(1)
(a) Within 10 days of receiving an application from a franchisee under Subsection 13-35-301(3) challenging its franchisor's right to terminate or not continue a franchise, or an application under Subsection 13-35-302(1) challenging the establishment or relocation of a franchise, the executive director shall:
(i) enter an order designating the time and place for the hearing; and
(ii) send a copy of the order by certified or registered mail, with return receipt requested, or by any form of reliable delivery through which receipt is verifiable to:
(A) the applicant;
(B) the franchisor; and
(C) if the application involves the establishment of a new franchise or the relocation of an existing dealership, to all franchisees in the relevant market area engaged in the business of offering to sell or lease the same line-make.
(b) A copy of an order mailed under Subsection (1)(a) shall be addressed to the franchisee at the place where the franchisee's business is conducted.
(2) Any person who can establish an interest in the application may intervene as a party to the hearing, whether or not that person receives notice.
(3) Any person may appear and testify on the question of the public interest in the termination or noncontinuation of a franchise or in the establishment of an additional franchise.
(4)
(a)
(i) Any hearing ordered under Subsection (1) shall be conducted no later than 120 days after the application for hearing is filed.
(ii) A final decision on the challenge shall be made by the executive director no later than 30 days after the hearing.
(b) Failure to comply with the time requirements of Subsection (4)(a) is considered a determination that the franchisor acted with good cause or, in the case of a protest of a proposed establishment or relocation of a dealer, that good cause exists for permitting the proposed additional or relocated new motor vehicle dealer, unless:
(i) the delay is caused by acts of the franchisor or the additional or relocating franchisee; or
(ii) the delay is waived by the parties.
(5) The franchisor has the burden of proof to establish that under this chapter it should be granted permission to:
(a) terminate or not continue the franchise;
(b) enter into a franchise agreement establishing an additional franchise; or
(c) relocate the dealership of an existing franchisee.
Amended by Chapter 268, 2005 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 306 - Evidence to be considered in determining cause to relocate existing franchisee or establish a new franchised dealership.

13-35-306.
Evidence to be considered in determining cause to relocate existing franchisee or establish a new franchised dealership.
In determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for the same line-make in a given relevant market area, the advisory board and the executive director shall consider:
(1) the amount of business transacted by other franchisees of the same line-make in that relevant market area, as compared to business available to the franchisees;
(2) the investment necessarily made and obligations incurred by other franchisees of the same line-make in that relevant market area in the performance of their part of their franchisee agreements;
(3) the permanency of the existing and proposed investment;
(4) whether it is injurious or beneficial to the public welfare or public interest for an additional franchise to be established; and
(5) whether the franchisees of the same line-make in that relevant market area are providing adequate service to consumers for the powersport vehicles of the line-make, which shall include the adequacy of:
(a) the powersport vehicle sale and service facilities;
(b) equipment;
(c) supply of vehicle parts; and
(d) qualified service personnel.
Amended by Chapter 268, 2005 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 35 - Powersport Vehicle Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 307 - Franchisor's repurchase obligations upon termination or noncontinuation of franchise.

13-35-307.
Franchisor's repurchase obligations upon termination or noncontinuation of franchise.
(1)
(a) Except as provided in Subsection (1)(b), if a franchise is terminated or not continued by the franchisor or franchisee, the franchisor shall pay the franchisee:
(i) the franchisee's cost of new, undamaged, unsold, and unregistered powersport vehicles in the franchisee's inventory acquired from the franchisor or another franchisee of the same line-make and invoiced during the 30-month period immediately before the franchise is terminated or not continued;
(ii) any charges made by the franchisor for distribution, delivery, or taxes;
(iii) the franchisee's cost of any accessories added on a vehicle;
(iv) the cost of new, undamaged, and unsold supplies, parts, and accessories as set forth in the franchisor's catalog at the time of termination or noncontinuation less all allowances paid or credited to the franchisee by the franchisor;
(v) except as provided in Subsection (1)(c), the fair market value, but not less than the franchisee's depreciated acquisition cost, of each undamaged sign owned by the franchisee that bears a common name, trade name, or trademark of the franchisor if acquisition of the sign was recommended or required by the franchisor;
(vi) the fair market value, but not less than the franchisee's depreciated acquisition cost, of all special tools, equipment, and furnishings acquired from the franchisor or sources approved by the franchisor that were recommended or required by the franchisor and are in good and usable condition; and
(vii) the cost of transporting, handling, packing, and loading powersport vehicles, supplies, parts, accessories, signs, special tools, equipment, and furnishings.
(b) The franchisor may deduct the sum of all allowances paid or credited to the franchisee by the franchisor from the amount owed under Subsection (1)(a).
(c) If a franchisee has a sign with multiple manufacturers listed, the franchisor shall pay only for its pro rata portion of the sign described in Subsection (1)(a)(v).
(2) The franchisor shall pay the franchisee the amounts specified in Subsection (1) within 90 days after the tender of the property to the franchisor if the franchisee has:
(a) clear title to the property; or
(b) the manufacturer's statement of origin.
(3) If repurchased inventory and equipment are subject to a security interest, the franchisor may make payment jointly to the franchisee and to the holder of the security interest.
Amended by Chapter 262, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 37 - Notice of Intent to Sell Nonpublic Personal Information Act › Part 1 - General Provisions › Section 102 - Definitions.

13-37-102.
Definitions.
As used in this chapter:
(1) "Affiliate" means a person that controls, is controlled by, or is under common control with:
(a) a commercial entity; and
(b)
(i) directly; or
(ii) indirectly through one or more intermediaries.
(2)
(a) Subject to Subsection (2)(b), "commercial entity" means a person that:
(i) has an office or other place of business located in the state; and
(ii) in the ordinary course of business transacts a consumer transaction in this state.
(b) "Commercial entity" does not include:
(i) a governmental entity; or
(ii) an entity providing services on behalf of a governmental entity.
(3) "Compensation" means anything of economic value that is paid or transferred to a commercial entity for or in direct consideration of the disclosure of nonpublic personal information.
(4)
(a) "Consumer transaction" means:
(i) a sale, lease, assignment, award by chance, or other written or oral transfer or disposition:
(A) that is initiated or completed in this state; and
(B) of:
(I) goods;
(II) services; or
(III) other tangible or intangible property, except securities and insurance or services related thereto; or
(ii) a transaction:
(A) that is initiated or completed in this state; and
(B) that constitutes credit offered or extended by a commercial entity to a person primarily for personal, family, or household purposes.
(b) "Consumer transaction" includes:
(i) the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and
(ii) with respect to any transaction described in Subsection (4)(a):
(A) an offer or solicitation;
(B) an agreement;
(C) the performance of an agreement; or
(D) a charitable solicitation as defined in Section 13-11-3.
(c) "Consumer transaction" does not include a transaction related to real property.
(5)
(a) "Nonpublic personal information" means information that:
(i) is not public information; and
(ii) either alone or in conjunction with public information, identifies a person in distinction from other persons.
(b) "Nonpublic personal information" includes:
(i) a person's Social Security number;
(ii) information used to determine a person's credit worthiness including a person's:
(A) income; or
(B) employment history;
(iii) the purchasing patterns of a person; or
(iv) the personal preferences of a person.
(6) "Public information" means a person's:
(a) name;
(b) telephone number; or
(c) street address.
(7)
(a) Subject to Subsection (7)(b), "third party" means a person other than the commercial entity that obtains nonpublic personal information.
(b) "Third party" does not include an affiliate or agent of the commercial entity that obtains nonpublic personal information.
Enacted by Chapter 97, 2003 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 37 - Notice of Intent to Sell Nonpublic Personal Information Act › Part 2 - Notice of Disclosure › Section 202 - Disclosure of nonpublic personal information prohibited without notice.

13-37-202.
Disclosure of nonpublic personal information prohibited without notice.
(1) A commercial entity may not disclose nonpublic personal information that the commercial entity obtained on or after January 1, 2004, as a result of a consumer transaction if the commercial entity fails to comply with Section 13-37-201.
(2) This chapter may not be interpreted as authorizing a commercial entity to disclose nonpublic personal information to a greater extent than the commercial entity is otherwise permitted to disclose nonpublic personal information.
Enacted by Chapter 97, 2003 General Session