Injunction -- Enforcement by county attorney or attorney general.

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  • (1) The Office of Licensing within the department or any interested person may commence an action in district court to enjoin any person, agency, firm, corporation, or association violating Section 62A-4a-602.
  • (2) The Office of Licensing shall:
    • (a) solicit information from the public relating to violations of Section 62A-4a-602; and
    • (b) upon identifying a violation of Section 62A-4a-602:
      • (i) send a written notice to the person who violated Section 62A-4a-602 that describes the alleged violation; and
      • (ii) notify the following persons of the alleged violation:
        • (A) the local county attorney; and
        • (B) the Division of Occupational and Professional Licensing.
  • (3)
    • (a) A county attorney or the attorney general shall institute legal action as necessary to enforce the provisions of Section 62A-4a-602 after being informed of an alleged violation.
    • (b) If a county attorney does not take action within 30 days after the day on which the county attorney is informed of an alleged violation of Section 62A-4a-602, the attorney general may be requested to take action, and shall then institute legal proceedings in place of the county attorney.
  • (4)
    • (a) In addition to the remedies provided in Subsections (1) and (3), any person, agency, firm, corporation, or association found to be in violation of Section 62A-4a-602 shall forfeit all proceeds identified as resulting from the transaction, and may also be assessed a civil penalty of not more than $10,000 for each violation.
    • (b) Each act in violation of Section 62A-4a-602, including each placement or attempted placement of a child, is a separate violation.
  • (5)
    • (a) All amounts recovered as penalties under Subsection (4) shall be placed in the General Fund of the prosecuting county, or in the state General Fund if the attorney general prosecutes.
    • (b) If two or more governmental entities are involved in the prosecution, the penalty amounts recovered shall be apportioned by the court among the entities, according to their involvement.
  • (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4) is a lien when recorded in the judgment docket, and has the same effect and is subject to the same rules as a judgment for money in a civil action.




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