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 13-2-107, 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 13-2-109.