Title 7 Chapter 23 Section 504

Financial Institutions Act
Check Cashing and Deferred Deposit Lending Registration Act
Section 504
Penalties.

            

7-23-504.   Penalties.

            (1) A person who violates this chapter or who files materially false information with a registration or renewal under Section 7-23-201 is:

            (a) guilty of a class B misdemeanor, except for a violation of:

            (i) Subsection 7-23-401(1)(f)(i), (ii), or (iii); or

            (ii) rules made under Subsection 7-23-501(2)(b); and

            (b) subject to revocation of a person's registration under this chapter.

            (2) Subject to Title 63G, Chapter 4, Administrative Procedures Act, if the department determines that a person is engaging in the business of cashing checks or the business of deferred deposit lending in violation of this chapter, the department may:

            (a) revoke that person's registration under this chapter;

            (b) issue a cease and desist order from committing any further violations;

            (c) prohibit the person from continuing to engage in the business of:

            (i) cashing checks; or

            (ii) deferred deposit lending;

            (d) impose an administrative fine not to exceed $1,000 per violation, except that:

            (i) a fine imposed under Subsection 7-23-201(4) shall comply with Subsection 7-23-201(4); and

            (ii) the aggregate total of fines imposed under this chapter against a person in a calendar year may not exceed $30,000 for that calendar year; or

            (e) take any combination of actions listed under this Subsection (2).


Renumbered and Amended by Chapter 96, 2008 General Session

Amended by Chapter 382, 2008 General Session