MACK v. UTAH STATE DEPT. OF COMMERCE

No. 20070301.

221 P.3d 194 (2009)

2009 UT 47

Richard W. MACK, Plaintiff and Appellee, v. UTAH STATE DEPARTMENT OF COMMERCE, DIVISION OF SECURITIES, Defendant and Appellant.

Supreme Court of Utah.

July 31, 2009.


Attorney(s) appearing for the Case

Clark K. Taylor, Stephen K. Christiansen, Sam Meziani, Salt Lake City, for plaintiff.

Annina M. Mitchell, Salt Lake City, for defendant.

Joseph V. Brady, Rex Staples, Stephen W. Hall, Leslie M. Walker, Mark W. Pugsley, Salt Lake City, amicus North American Securities Administrators Association, Inc.

Glenn C. Hanni, Scott R. Jenkins, Salt Lake City, amici Walnut Street Securities, Inc., Carole A. Turner.


DURHAM, Chief Justice:

INTRODUCTION

¶ 1 The Utah Uniform Securities Act governs the licensing, regulation, and discipline of professionals in the securities industry. The Act provides two fora for disciplining professionals: agency adjudications and district court actions.

¶ 2 In this appeal, the Division of Securities (the Division) argues that under the statute, it can only obtain limited remedies from each forum. Thus, the Division asks...

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