30-14-806. Penalty -- disposition -- relief. (1) A violation of 30-14-804 is an unfair trade practice.
     (2) Upon presentation by an offended party of evidence of a violation of 30-14-804, the department of justice or a county attorney shall issue to the suspected retailer or wholesaler a demand by certified mail to cease the violation. If the violation is not corrected within 24 hours after the suspected retailer or wholesaler receives the notification, the department or the county attorney may bring an action to enjoin the violation.
     (3) Upon conviction, a retailer or wholesaler is subject to a civil penalty of not more than $1,000 a day for each day that the violation occurs, is liable for attorney fees, and is subject to injunctive relief.
     (4) The department of justice or a county attorney may bring an action for a violation of 30-14-804. If the action is brought by:
     (a) the department of justice, one-half of the amount of the penalty must be deposited in the general fund of the county where the action was brought and the remainder in the state general fund; or
     (b) a county attorney, the entire amount of the penalty must be deposited in the general fund of the county where the action was brought.
     (5) An action under this section must be commenced in the county where the motor fuel is sold.
     (6) A person injured as a result of an act or practice that violates 30-14-804 may bring a civil action for appropriate relief, including an action for declaratory judgment, injunctive relief, and actual damages.

     History: En. Sec. 6, Ch. 499, L. 1991.