Current through the 2024 Fourth Special Session
Section 57-11-14 - Revocation, suspension, or denial of registration - Grounds - Suspension or revocation of license(1)(a) If the division makes a written finding of fact that a subdivider engages in one or more acts described in Subsection (1)(b), the division may: (i) deny an application for registration;(ii) revoke, suspend, or deny reissuance of a registration; or(iii) impose a civil penalty not to exceed the greater of:(A) $2,500 for each violation; or(B) the amount of any gain or economic benefit derived from each violation.(b) Subsection (1)(a) applies if the division makes a written finding of fact that a subdivider: (i) fails to comply with the terms of a cease and desist order;(ii) is convicted in a court prior or subsequent to the filing of the application for registration of a crime involving:(E) false advertising; or(F) dishonest dealing in real estate transactions;(iii) is subject to an injunction or administrative order restraining a false or misleading promotional plan involving land dispositions;(iv) disposes of, conceals, or diverts funds or assets of any person so as to defeat the rights of subdivision purchasers;(v) fails to perform faithfully a stipulation or agreement made with the division as an inducement to:(A) grant a registration;(B) reinstate a registration;(C) revoke a cease and desist order; or(D) approve any promotional plan or public offering statement;(vi) makes an intentional misrepresentation, or conceals a material fact, in an application for registration;(vii) violates this chapter or the rules adopted under this chapter;(viii) directly or through an agent or employee knowingly engages in false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands;(ix) engages in the offering of subdivided lands that has constituted or that may constitute a fraud upon purchasers or prospective purchasers of the subdivided lands; or(x) engages in a dishonest practice in any industry involving sales to consumers.(c) The division shall accompany with a finding of fact required by this Subsection (1) a concise and explicit statement of the underlying facts supporting the finding.(2) As an alternative to revoking the registration of a subdivider, the director may issue a cease and desist order if after notice and a hearing the director finds that the subdivider is guilty of a violation for which revocation may be ordered.(3)(a) The division shall suspend or revoke the license of a principal broker, associate broker, or sales agent who violates this chapter for the period of time the director determines to be justified under the circumstances.(b) A suspension or revocation under this section is in addition to any other penalty that may be imposed under this chapter, subject to Section 61-2f-404.Amended by Chapter 379, 2010 General Session.