13-42-137 - Statute of limitations.
13-42-137. Statute of limitations.
(1) An action or proceeding brought pursuant to Subsection 13-42-133(1), (2), or (3)shall be commenced within four years after the conduct that is the basis of the administrator'scomplaint.
(2) An action brought pursuant to Section 13-42-135 shall be commenced within twoyears after the latest of:
(a) the individual's last transmission of money to a provider;
(b) the individual's last transmission of money to a creditor at the direction of theprovider;
(c) the provider's last disbursement to a creditor of the individual;
(d) the provider's last accounting to the individual pursuant to Subsection 13-42-127(1);
(e) the date on which the individual discovered or reasonably should have discovered thefacts giving rise to the individual's claim; or
(f) termination of actions or proceedings by the administrator with respect to a violationof the chapter.
(3) The period prescribed in Subsection (2)(e) is tolled during any period during whichthe provider or, if different, the defendant has materially and willfully misrepresentedinformation required by this chapter to be disclosed to the individual, if the information somisrepresented is material to the establishment of the liability of the defendant under this chapter.
Amended by Chapter 378, 2010 General Session