31A-31-109 - Civil penalties.
31A-31-109. Civil penalties.
(1) In addition to other penalties provided by law, a person who violates this chapter:
(a) is subject to the following civil penalties:
(i) the person shall make full restitution; and
(ii) the person shall pay the costs of enforcement of this chapter for the case in which theperson is found to have violated this chapter:
(A) as determined by the one or more authorized agencies involved; and
(B) including costs of:
(I) investigators;
(II) attorneys; and
(III) other public employees; and
(b) in the discretion of the court, may be required to pay to the state a civil penalty not toexceed three times that amount of value improperly sought or received from the fraudulentinsurance act.
(2) (a) Money paid under Subsection (1)(a)(i) shall be paid to the person damaged by thefraudulent insurance act.
(b) Money paid under Subsection (1)(a)(ii) shall be paid to each applicable authorizedagency in the following order:
(i) to the General Fund as a dedicated credit of the department for the costs ofenforcement incurred by the department;
(ii) to the General Fund for the costs of enforcement incurred by a state agency other thanthe department;
(iii) to the applicable political subdivision for the costs of enforcement incurred by thepolitical subdivision; and
(iv) to the applicable criminal investigative department or agency of the United States forthe costs of enforcement incurred by the department or agency.
(c) Money paid under Subsection (1)(b) shall be paid into the General Fund.
(3) (a) A civil penalty assessed under Subsection (1) shall be awarded by the court as partof its judgment in both criminal and civil actions.
(b) A criminal action need not be brought against a person in order for that person to becivilly liable under this section.
Amended by Chapter 391, 2010 General Session