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First Substitute S.B. 166
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6 AN ACT RELATING TO WORKFORCE SERVICES; AMENDING THE STRUCTURE OF
7 THE DEPARTMENT WORKFORCE SERVICES; CREATING THE LABOR
8 COMMISSION; ADDRESSING AUTHORITY AND RESPONSIBILITIES OF THE LABOR
9 COMMISSION AND THE DEPARTMENT OF WORKFORCE SERVICES; ADDRESSING
10 RESPONSIBILITIES OF DIVISIONS; AMENDING LABOR PROVISIONS; CREATING A
11 LABOR RELATIONS BOARD; AMENDING WORKERS' COMPENSATION LAWS;
12 AMENDING ANTIDISCRIMINATION LAWS; AMENDING OCCUPATIONAL SAFETY
13 AND HEALTH LAWS; AMENDING SAFETY PROVISIONS; AMENDING
14 EMPLOYMENT SECURITY; AMENDING PROVISIONS RELATED TO REGIONAL
15 STRUCTURE OF THE DEPARTMENT OF WORKFORCE SERVICES; AMENDING
16 PROVISIONS RELATED TO PROVIDING EMPLOYMENT ASSISTANCE; AMENDING
17 OFFICE OF CHILD CARE PROVISIONS; AMENDING APPRENTICESHIP PROVISIONS;
18 ADDRESSING REVIEW OF RULES; AMENDING SUNSET PROVISIONS; AMENDING
19 COMPENSATION FOR OFFICERS; MAKING CONFORMING AMENDMENTS; MAKING
20 TECHNICAL CORRECTIONS; PROVIDING FOR RETROSPECTIVE OPERATION;
21 PROVIDING FOR APPOINTMENT OF COMMITTEES; ELIMINATING THE REPEAL OF
22 SECTION 62A-1-114 IN UNCODIFIED MATERIAL; PROVIDING AN EFFECTIVE DATE;
23 AND PROVIDING A COORDINATION CLAUSE.
24 This act affects sections of Utah Code Annotated 1953 as follows:
25 AMENDS:
26 9-2-413 (Effective 07/01/97), as last amended by Chapters 240 and 292, Laws of Utah 1996
27 10-2-302, as last amended by Chapter 68, Laws of Utah 1984
1 17-5-214, as renumbered and amended by Chapter 147, Laws of Utah 1994
2 17-33-10 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
3 26-1-30 (Effective 07/01/97), as last amended by Chapters 201 and 240, Laws of Utah 1996
4 26-4-24 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
5 26-6a-11 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
6 26-6a-12 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
7 26-6a-13 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
8 26-6a-14 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
9 31A-15-103 (Effective 07/01/97), as last amended by Chapter 9, Laws of Utah 1996, Second
10 Special Session
11 31A-22-303 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
12 31A-22-305 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
13 31A-22-1002 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
14 31A-22-1003 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
15 31A-22-1009 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
16 31A-26-103 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
17 31A-27-315 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
18 31A-31-107 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
19 31A-31-108 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
20 31A-33-102 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
21 1996
22 31A-33-104 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
23 1996
24 31A-33-108 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
25 1996
26 31A-33-113 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
27 1996
28 31A-33-117 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
29 1996
30 32A-14-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
31 34-20-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
1 34-20-3 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
2 34-20-4, as enacted by Chapter 85, Laws of Utah 1969
3 34-20-10, as last amended by Chapter 161, Laws of Utah 1987
4 34-21-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
5 34-23-103 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
6 34-23-104 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
7 34-23-301 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
8 34-23-302 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
9 34-23-402 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
10 34-28-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
11 34-28-9 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
12 34-28-10 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
13 34-28-19 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
14 34-29-10 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
15 34-29-21 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
16 34-36-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
17 34-38-14 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
18 34-40-102 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
19 34-40-103 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
20 34-40-104 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
21 34-40-105 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
22 34-40-204 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
23 34-41-106 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
24 35A-1-102 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
25 35A-1-103 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
26 35A-1-104 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
27 35A-1-202 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
28 35A-1-203 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
29 35A-1-204 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
30 35A-1-205 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
31 35A-1-206 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
1 35A-1-207 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
2 35A-1-301 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
3 35A-1-302 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
4 35A-1-305 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
5 35A-2-101 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
6 35A-2-102 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
7 35A-2-103 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
8 35A-2-201 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
9 35A-2-202 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
10 35A-2-203 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
11 35A-4-104 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
12 1996
13 35A-4-106 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
14 1996
15 35A-4-107 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
16 1996
17 35A-4-201 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
18 1996
19 35A-4-202 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
20 1996
21 35A-4-204 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
22 1996
23 35A-4-205 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
24 1996
25 35A-4-206 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
26 1996
27 35A-4-305 (Effective 07/01/97), as last amended by Chapter 129 and renumbered and amended
28 by Chapter 240, Laws of Utah 1996
29 35A-4-306 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
30 1996
31 35A-4-312 (Effective 07/01/97), as last amended by Chapter 77 and renumbered and amended
1 by Chapter 240, Laws of Utah 1996
2 35A-4-403 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
3 1996
4 35A-4-501 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
5 1996
6 35A-4-502 (Effective 07/01/97), as renumbered and amended by Chapter 240 and last amended
7 by Chapter 243, Laws of Utah 1996
8 35A-4-504 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
9 1996
10 35A-4-505 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
11 1996
12 35A-4-506 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
13 1996
14 35A-4-508 (Effective 07/01/97), as last amended by Chapter 129 and renumbered and amended
15 by Chapter 240 and last amended by Chapter 243, Laws of Utah 1996
16 40-2-1 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
17 40-2-1.1 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
18 40-2-1.5 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
19 40-2-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
20 40-2-3 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
21 40-2-14 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
22 40-2-15 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
23 40-2-16 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
24 51-7-11 (Effective 07/01/97), as last amended by Chapters 79, 133, and 240, Laws of Utah
25 1996
26 51-7-12.5 (Effective 07/01/97), as last amended by Chapters 240 and 243, Laws of Utah 1996
27 53-7-203 (Effective 07/01/97), as last amended by Chapters 194, 240, and 243, Laws of Utah
28 1996
29 53A-1-403.5, as last amended by Chapter 13, Laws of Utah 1994
30 53A-1-502 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
31 53A-3-417, as last amended by Chapter 97, Laws of Utah 1992
1 54-11-5 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
2 57-21-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
3 57-21-8 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
4 57-21-9 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
5 57-21-10 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
6 57-21-11 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
7 57-21-13 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
8 58-55-302 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
9 58-59-302 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
10 58-59-501 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
11 58-63-302 (Effective 07/01/97), as last amended by Chapter 228 and 240, Laws of Utah 1996
12 58-65-302 (Effective 07/01/97), as last amended by Chapter 227 and 240, Laws of Utah 1996
13 59-7-608 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
14 59-9-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
15 59-10-109 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
16 59-10-404, as last amended by Chapter 129, Laws of Utah 1996
17 62A-1-114 (Repealed 07/01/97), as last amended by Chapter 242, Laws of Utah 1988
18 62A-4a-709 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
19 63-5b-102 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
20 63-28-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
21 63-38b-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
22 63-46a-9, as last amended by Chapter 60, Laws of Utah 1996
23 63-46b-1 (Effective 07/01/97), as last amended by Chapters 20 and 240, Laws of Utah 1996
24 63-55-235 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
25 63-55-253, as last amended by Chapters 25 and 37, Laws of Utah 1996
26 63-91-201, as last amended by Chapter 293, Laws of Utah 1996
27 63A-2-301 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
28 64-13-16 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
29 64-13-19 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
30 67-1-12 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
31 67-19-4 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
1 67-19-6.3 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
2 67-19-6.7 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
3 67-19-32 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
4 67-19c-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
5 67-22-2 (Effective 07/01/97), as last amended by Chapters 240 and 337, Laws of Utah 1996
6 78-45-7.5, as last amended by Chapter 171, Laws of Utah 1996
7 ENACTS:
8 31A-33-103.5, Utah Code Annotated 1953
9 34A-1-101, Utah Code Annotated 1953
10 34A-1-102, Utah Code Annotated 1953
11 34A-1-103, Utah Code Annotated 1953
12 34A-1-104, Utah Code Annotated 1953
13 34A-1-105, Utah Code Annotated 1953
14 34A-1-106, Utah Code Annotated 1953
15 34A-1-201, Utah Code Annotated 1953
16 34A-1-202, Utah Code Annotated 1953
17 34A-1-203, Utah Code Annotated 1953
18 34A-1-204, Utah Code Annotated 1953
19 34A-1-205, Utah Code Annotated 1953
20 34A-1-302, Utah Code Annotated 1953
21 34A-1-303, Utah Code Annotated 1953
22 34A-1-304, Utah Code Annotated 1953
23 34A-2-112, Utah Code Annotated 1953
24 34A-2-210, Utah Code Annotated 1953
25 35A-6-1101, Utah Code Annotated 1953
26 63-55-234, Utah Code Annotated 1953
27 REPEALS AND REENACTS:
28 35A-1-304 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
29 35A-1-307 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
30 RENUMBERS AND AMENDS:
31 34A-1-301, (Renumbered from 35A-3-801, as enacted by Chapter 240, Laws of Utah 1996)
1 34A-1-305 (Effective 07/01/97), (Renumbered from 35A-3-802 (Effective 07/01/97), as
2 renumbered and amended by Chapter 240, Laws of Utah 1996)
3 34A-1-306 (Effective 07/01/97), (Renumbered from 35A-3-804 (Effective 07/01/97), as
4 renumbered and amended by Chapter 240, Laws of Utah 1996)
5 34A-1-307 (Effective 07/01/97), (Renumbered from 35A-3-806 (Effective 07/01/97), as
6 renumbered and amended by Chapter 240, Laws of Utah 1996)
7 34A-1-308 (Effective 07/01/97), (Renumbered from 35A-3-807 (Effective 07/01/97), as
8 renumbered and amended by Chapter 240, Laws of Utah 1996)
9 34A-1-309 (Effective 07/01/97), (Renumbered from 35A-3-805 (Effective 07/01/97), as
10 renumbered and amended by Chapter 240, Laws of Utah 1996)
11 34A-1-401 (Effective 07/01/97), (Renumbered from 35A-3-110 (Effective 07/01/97), as
12 renumbered and amended by Chapter 240, Laws of Utah 1996)
13 34A-1-402 (Effective 07/01/97), (Renumbered from 35A-3-112 (Effective 07/01/97), as
14 renumbered and amended by Chapter 240, Laws of Utah 1996)
15 34A-1-403 (Effective 07/01/97), (Renumbered from 35A-3-116 (Effective 07/01/97), as
16 renumbered and amended by Chapter 240, Laws of Utah 1996)
17 34A-1-404 (Effective 07/01/97), (Renumbered from 35A-3-113 (Effective 07/01/97), as
18 renumbered and amended by Chapter 240, Laws of Utah 1996)
19 34A-1-405 (Effective 07/01/97), (Renumbered from 35A-3-111 (Effective 07/01/97), as
20 renumbered and amended by Chapter 240, Laws of Utah 1996)
21 34A-1-406 (Effective 07/01/97), (Renumbered from 35A-3-303 (Effective 07/01/97), as
22 renumbered and amended by Chapter 240, Laws of Utah 1996)
23 34A-1-407 (Effective 07/01/97), (Renumbered from 35A-3-304 (Effective 07/01/97), as
24 renumbered and amended by Chapter 240, Laws of Utah 1996)
25 34A-1-408 (Effective 07/01/97), (Renumbered from 35A-3-307 (Effective 07/01/97), as
26 renumbered and amended by Chapter 240, Laws of Utah 1996)
27 34A-1-409 (Effective 07/01/97), (Renumbered from 35A-3-115 (Effective 07/01/97), as
28 renumbered and amended by Chapter 240, Laws of Utah 1996)
29 34A-2-101 (Effective 07/01/97), (Renumbered from 35A-3-101 (Effective 07/01/97), as
30 enacted by Chapter 240, Laws of Utah 1996)
31 34A-2-102 (Effective 07/01/97), (Renumbered from 35A-3-102 (Effective 07/01/97), as
1 renumbered and amended by Chapter 240, Laws of Utah 1996)
2 34A-2-103 (Effective 07/01/97), (Renumbered from 35A-3-103 (Effective 07/01/97), as last
3 amended by Chapter 190 and renumbered and amended by Chapter 240, Laws of
4 Utah 1996)
5 34A-2-104 (Effective 07/01/97), (Renumbered from 35A-3-104 (Effective 07/01/97), as
6 renumbered and amended by Chapter 240, Laws of Utah 1996)
7 34A-2-105 (Effective 07/01/97), (Renumbered from 35A-3-105 (Effective 07/01/97), as
8 renumbered and amended by Chapter 240, Laws of Utah 1996)
9 34A-2-106 (Effective 07/01/97), (Renumbered from 35A-3-106 (Effective 07/01/97), as
10 renumbered and amended by Chapter 240, Laws of Utah 1996)
11 34A-2-107 (Effective 07/01/97), (Renumbered from 35A-3-107 (Effective 07/01/97), as
12 renumbered and amended by Chapter 240 and last amended by Chapter 243, Laws
13 of Utah 1996)
14 34A-2-108 (Effective 07/01/97), (Renumbered from 35A-3-108 (Effective 07/01/97), as
15 renumbered and amended by Chapter 240, Laws of Utah 1996)
16 34A-2-109 (Effective 07/01/97), (Renumbered from 35A-3-109 (Effective 07/01/97), as
17 renumbered and amended by Chapter 240, Laws of Utah 1996)
18 34A-2-110 (Effective 07/01/97), (Renumbered from 35A-3-114 (Effective 07/01/97), as
19 renumbered and amended by Chapter 240, Laws of Utah 1996)
20 34A-2-111 (Effective 07/01/97), (Renumbered from 35A-3-117 (Effective 07/01/97), as
21 renumbered and amended by Chapter 240, Laws of Utah 1996)
22 34A-2-201 (Effective 07/01/97), (Renumbered from 35A-3-201 (Effective 07/01/97), as
23 renumbered and amended by Chapter 240, Laws of Utah 1996)
24 34A-2-202 (Effective 07/01/97), (Renumbered from 35A-3-202 (Effective 07/01/97), as
25 renumbered and amended by Chapter 240, Laws of Utah 1996)
26 34A-2-203 (Effective 07/01/97), (Renumbered from 35A-3-203 (Effective 07/01/97), as
27 renumbered and amended by Chapter 240, Laws of Utah 1996)
28 34A-2-204 (Effective 07/01/97), (Renumbered from 35A-3-207 (Effective 07/01/97), as
29 renumbered and amended by Chapter 240, Laws of Utah 1996)
30 34A-2-205 (Effective 07/01/97), (Renumbered from 35A-3-205 (Effective 07/01/97), as
31 renumbered and amended by Chapter 240, Laws of Utah 1996)
1 34A-2-206 (Effective 07/01/97), (Renumbered from 35A-3-206 (Effective 07/01/97), as
2 renumbered and amended by Chapter 240, Laws of Utah 1996)
3 34A-2-207 (Effective 07/01/97), (Renumbered from 35A-3-209 (Effective 07/01/97), as
4 renumbered and amended by Chapter 240, Laws of Utah 1996)
5 34A-2-208 (Effective 07/01/97), (Renumbered from 35A-3-210 (Effective 07/01/97), as
6 renumbered and amended by Chapter 240, Laws of Utah 1996)
7 34A-2-209 (Effective 07/01/97), (Renumbered from 35A-3-208 (Effective 07/01/97), as
8 renumbered and amended by Chapter 240, Laws of Utah 1996)
9 34A-2-211 (Effective 07/01/97), (Renumbered from 35A-3-204 (Effective 07/01/97), as
10 renumbered and amended by Chapter 240, Laws of Utah 1996)
11 34A-2-212 (Effective 07/01/97), (Renumbered from 35A-3-211 (Effective 07/01/97), as
12 renumbered and amended by Chapter 240, Laws of Utah 1996)
13 34A-2-301 (Effective 07/01/97), (Renumbered from 35A-3-301 (Effective 07/01/97), as last
14 amended by Chapter 79 and renumbered and amended by Chapter 240, Laws of
15 Utah 1996)
16 34A-2-302 (Effective 07/01/97), (Renumbered from 35A-3-302 (Effective 07/01/97), as
17 renumbered and amended by Chapter 240, Laws of Utah 1996)
18 34A-2-401 (Effective 07/01/97), (Renumbered from 35A-3-401 (Effective 07/01/97), as
19 renumbered and amended by Chapter 240, Laws of Utah 1996)
20 34A-2-402 (Effective 07/01/97), (Renumbered from 35A-3-402 (Effective 07/01/97), as
21 renumbered and amended by Chapter 240, Laws of Utah 1996)
22 34A-2-403 (Effective 07/01/97), (Renumbered from 35A-3-403 (Effective 07/01/97), as
23 renumbered and amended by Chapter 240, Laws of Utah 1996)
24 34A-2-404 (Effective 07/01/97), (Renumbered from 35A-3-404 (Effective 07/01/97), as
25 renumbered and amended by Chapter 240, Laws of Utah 1996)
26 34A-2-405 (Effective 07/01/97), (Renumbered from 35A-3-405 (Effective 07/01/97), as
27 renumbered and amended by Chapter 240, Laws of Utah 1996)
28 34A-2-406 (Effective 07/01/97), (Renumbered from 35A-3-406 (Effective 07/01/97), as
29 renumbered and amended by Chapter 240, Laws of Utah 1996)
30 34A-2-407 (Effective 07/01/97), (Renumbered from 35A-3-407 (Effective 07/01/97), as
31 renumbered and amended by Chapter 240, Laws of Utah 1996)
1 34A-2-408 (Effective 07/01/97), (Renumbered from 35A-3-408 (Effective 07/01/97), as
2 renumbered and amended by Chapter 240, Laws of Utah 1996)
3 34A-2-409 (Effective 07/01/97), (Renumbered from 35A-3-409 (Effective 07/01/97), as
4 renumbered and amended by Chapter 240, Laws of Utah 1996)
5 34A-2-410 (Effective 07/01/97), (Renumbered from 35A-3-410 (Effective 07/01/97), as
6 renumbered and amended by Chapter 240, Laws of Utah 1996)
7 34A-2-411 (Effective 07/01/97), (Renumbered from 35A-3-411 (Effective 07/01/97), as
8 renumbered and amended by Chapter 240, Laws of Utah 1996)
9 34A-2-412 (Effective 07/01/97), (Renumbered from 35A-3-412 (Effective 07/01/97), as
10 renumbered and amended by Chapter 240, Laws of Utah 1996)
11 34A-2-413 (Effective 07/01/97), (Renumbered from 35A-3-413 (Effective 07/01/97), as
12 renumbered and amended by Chapter 240, Laws of Utah 1996)
13 34A-2-414 (Effective 07/01/97), (Renumbered from 35A-3-414 (Effective 07/01/97), as
14 renumbered and amended by Chapter 240, Laws of Utah 1996)
15 34A-2-415 (Effective 07/01/97), (Renumbered from 35A-3-415 (Effective 07/01/97), as
16 renumbered and amended by Chapter 240, Laws of Utah 1996)
17 34A-2-416 (Effective 07/01/97), (Renumbered from 35A-3-416 (Effective 07/01/97), as
18 renumbered and amended by Chapter 240, Laws of Utah 1996)
19 34A-2-417 (Effective 07/01/97), (Renumbered from 35A-3-417 (Effective 07/01/97), as
20 renumbered and amended by Chapter 240, Laws of Utah 1996)
21 34A-2-418 (Effective 07/01/97), (Renumbered from 35A-3-418 (Effective 07/01/97), as
22 renumbered and amended by Chapter 240, Laws of Utah 1996)
23 34A-2-419 (Effective 07/01/97), (Renumbered from 35A-3-419 (Effective 07/01/97), as
24 renumbered and amended by Chapter 240, Laws of Utah 1996)
25 34A-2-420 (Effective 07/01/97), (Renumbered from 35A-3-420 (Effective 07/01/97), as
26 renumbered and amended by Chapter 240, Laws of Utah 1996)
27 34A-2-421 (Effective 07/01/97), (Renumbered from 35A-3-421 (Effective 07/01/97), as
28 renumbered and amended by Chapter 240, Laws of Utah 1996)
29 34A-2-422 (Effective 07/01/97), (Renumbered from 35A-3-422 (Effective 07/01/97), as
30 renumbered and amended by Chapter 240, Laws of Utah 1996)
31 34A-2-501 (Effective 07/01/97), (Renumbered from 35A-3-501 (Effective 07/01/97), as
1 renumbered and amended by Chapter 240, Laws of Utah 1996)
2 34A-2-502 (Effective 07/01/97), (Renumbered from 35A-3-502 (Effective 07/01/97), as
3 enacted by Chapter 240, Laws of Utah 1996)
4 34A-2-503 (Effective 07/01/97), (Renumbered from 35A-3-503 (Effective 07/01/97), as
5 renumbered and amended by Chapter 240, Laws of Utah 1996)
6 34A-2-504 (Effective 07/01/97), (Renumbered from 35A-3-504 (Effective 07/01/97), as
7 renumbered and amended by Chapter 240, Laws of Utah 1996)
8 34A-2-505 (Effective 07/01/97), (Renumbered from 35A-3-505 (Effective 07/01/97), as
9 renumbered and amended by Chapter 240, Laws of Utah 1996)
10 34A-2-506 (Effective 07/01/97), (Renumbered from 35A-3-506 (Effective 07/01/97), as
11 renumbered and amended by Chapter 240, Laws of Utah 1996)
12 34A-2-507 (Effective 07/01/97), (Renumbered from 35A-3-507 (Effective 07/01/97), as
13 renumbered and amended by Chapter 240, Laws of Utah 1996)
14 34A-2-601 (Effective 07/01/97), (Renumbered from 35A-3-601 (Effective 07/01/97), as
15 renumbered and amended by Chapter 240, Laws of Utah 1996)
16 34A-2-602 (Effective 07/01/97), (Renumbered from 35A-3-602 (Effective 07/01/97), as
17 renumbered and amended by Chapter 240, Laws of Utah 1996)
18 34A-2-603 (Effective 07/01/97), (Renumbered from 35A-3-603 (Effective 07/01/97), as
19 renumbered and amended by Chapter 240, Laws of Utah 1996)
20 34A-2-604 (Effective 07/01/97), (Renumbered from 35A-3-604 (Effective 07/01/97), as
21 renumbered and amended by Chapter 240, Laws of Utah 1996)
22 34A-2-701 (Effective 07/01/97), (Renumbered from 35A-3-701 (Effective 07/01/97), as
23 renumbered and amended by Chapter 240, Laws of Utah 1996)
24 34A-2-702 (Effective 07/01/97), (Renumbered from 35A-3-702 (Effective 07/01/97), as
25 renumbered and amended by Chapter 240, Laws of Utah 1996)
26 34A-2-703 (Effective 07/01/97), (Renumbered from 35A-3-703 (Effective 07/01/97), as
27 renumbered and amended by Chapter 240, Laws of Utah 1996)
28 34A-2-704 (Effective 07/01/97), (Renumbered from 35A-3-704 (Effective 07/01/97), as
29 renumbered and amended by Chapter 240, Laws of Utah 1996)
30 34A-2-801, (Renumbered from 35A-3-803, as enacted by Chapter 240, Laws of Utah 1996)
31 34A-2-802 (Effective 07/01/97), (Renumbered from 35A-3-809 (Effective 07/01/97), as
1 renumbered and amended by Chapter 240, Laws of Utah 1996)
2 34A-2-803 (Effective 07/01/97), (Renumbered from 35A-3-810 (Effective 07/01/97), as
3 renumbered and amended by Chapter 240, Laws of Utah 1996)
4 34A-3-101 (Effective 07/01/97), (Renumbered from 35A-3a-101 (Effective 07/01/97), as
5 renumbered and amended by Chapter 240, Laws of Utah 1996)
6 34A-3-102 (Effective 07/01/97), (Renumbered from 35A-3a-102 (Effective 07/01/97), as
7 renumbered and amended by Chapter 240, Laws of Utah 1996)
8 34A-3-103 (Effective 07/01/97), (Renumbered from 35A-3a-103 (Effective 07/01/97), as
9 renumbered and amended by Chapter 240, Laws of Utah 1996)
10 34A-3-104 (Effective 07/01/97), (Renumbered from 35A-3a-104 (Effective 07/01/97), as
11 renumbered and amended by Chapter 240, Laws of Utah 1996)
12 34A-3-105 (Effective 07/01/97), (Renumbered from 35A-3a-105 (Effective 07/01/97), as
13 renumbered and amended by Chapter 240, Laws of Utah 1996)
14 34A-3-106 (Effective 07/01/97), (Renumbered from 35A-3a-106 (Effective 07/01/97), as
15 renumbered and amended by Chapter 240, Laws of Utah 1996)
16 34A-3-107 (Effective 07/01/97), (Renumbered from 35A-3a-107 (Effective 07/01/97), as
17 renumbered and amended by Chapter 240, Laws of Utah 1996)
18 34A-3-108 (Effective 07/01/97), (Renumbered from 35A-3a-108 (Effective 07/01/97), as
19 renumbered and amended by Chapter 240, Laws of Utah 1996)
20 34A-3-109 (Effective 07/01/97), (Renumbered from 35A-3a-109 (Effective 07/01/97), as
21 renumbered and amended by Chapter 240, Laws of Utah 1996)
22 34A-3-110 (Effective 07/01/97), (Renumbered from 35A-3a-110 (Effective 07/01/97), as
23 renumbered and amended by Chapter 240, Laws of Utah 1996)
24 34A-3-111 (Effective 07/01/97), (Renumbered from 35A-3a-111 (Effective 07/01/97), as
25 renumbered and amended by Chapter 240, Laws of Utah 1996)
26 34A-3-112 (Effective 07/01/97), (Renumbered from 35A-3a-112 (Effective 07/01/97), as
27 renumbered and amended by Chapter 240, Laws of Utah 1996)
28 34A-4-101 (Effective 07/01/97), (Renumbered from 35A-3b-101 (Effective 07/01/97), as
29 renumbered and amended by Chapter 240, Laws of Utah 1996)
30 34A-4-102 (Effective 07/01/97), (Renumbered from 35A-3b-102 (Effective 07/01/97), as
31 renumbered and amended by Chapter 240, Laws of Utah 1996)
1 34A-5-101 (Effective 07/01/97), (Renumbered from 35A-5-101 (Effective 07/01/97), as
2 renumbered and amended by Chapter 240, Laws of Utah 1996)
3 34A-5-102 (Effective 07/01/97), (Renumbered from 35A-5-102 (Effective 07/01/97), as
4 renumbered and amended by Chapter 240, Laws of Utah 1996)
5 34A-5-103 (Effective 07/01/97), (Renumbered from 35A-5-103 (Effective 07/01/97), as
6 renumbered and amended by Chapter 240, Laws of Utah 1996)
7 34A-5-104 (Effective 07/01/97), (Renumbered from 35A-5-104 (Effective 07/01/97), as
8 renumbered and amended by Chapter 240, Laws of Utah 1996)
9 34A-5-105 (Effective 07/01/97), (Renumbered from 35A-5-105 (Effective 07/01/97), as
10 renumbered and amended by Chapter 240 and last amended by Chapter 243, Laws
11 of Utah 1996)
12 34A-5-106 (Effective 07/01/97), (Renumbered from 35A-5-106 (Effective 07/01/97), as
13 renumbered and amended by Chapter 240, Laws of Utah 1996)
14 34A-5-107 (Effective 07/01/97), (Renumbered from 35A-5-107 (Effective 07/01/97), as last
15 amended by Chapter 219 and renumbered and amended by Chapter 240, Laws of
16 Utah 1996)
17 34A-5-108 (Effective 07/01/97), (Renumbered from 35A-5-108 (Effective 07/01/97), as
18 renumbered and amended by Chapter 240, Laws of Utah 1996)
19 34A-6-101 (Effective 07/01/97), (Renumbered from 35A-6-101 (Effective 07/01/97), as
20 renumbered and amended by Chapter 240, Laws of Utah 1996)
21 34A-6-102 (Effective 07/01/97), (Renumbered from 35A-6-102 (Effective 07/01/97), as
22 renumbered and amended by Chapter 240, Laws of Utah 1996)
23 34A-6-103 (Effective 07/01/97), (Renumbered from 35A-6-103 (Effective 07/01/97), as
24 renumbered and amended by Chapter 240, Laws of Utah 1996)
25 34A-6-104 (Effective 07/01/97), (Renumbered from 35A-6-104 (Effective 07/01/97), as
26 renumbered and amended by Chapter 240, Laws of Utah 1996)
27 34A-6-105 (Effective 07/01/97), (Renumbered from 35A-6-105 (Effective 07/01/97), as
28 renumbered and amended by Chapter 240, Laws of Utah 1996)
29 34A-6-106 (Effective 07/01/97), (Renumbered from 35A-6-106 (Effective 07/01/97), as
30 renumbered and amended by Chapter 240 and last amended by Chapter 243, Laws
31 of Utah 1996)
1 34A-6-107 (Effective 07/01/97), (Renumbered from 35A-6-107 (Effective 07/01/97), as
2 renumbered and amended by Chapter 240, Laws of Utah 1996)
3 34A-6-108 (Effective 07/01/97), (Renumbered from 35A-6-108 (Effective 07/01/97), as
4 renumbered and amended by Chapter 240, Laws of Utah 1996)
5 34A-6-109 (Effective 07/01/97), (Renumbered from 35A-6-109 (Effective 07/01/97), as
6 renumbered and amended by Chapter 240, Laws of Utah 1996)
7 34A-6-110 (Effective 07/01/97), (Renumbered from 35A-6-110 (Effective 07/01/97), as
8 renumbered and amended by Chapter 240, Laws of Utah 1996)
9 34A-6-111 (Effective 07/01/97), (Renumbered from 35A-6-111 (Effective 07/01/97), as
10 renumbered and amended by Chapter 240, Laws of Utah 1996)
11 34A-6-201 (Effective 07/01/97), (Renumbered from 35A-6-201 (Effective 07/01/97), as
12 renumbered and amended by Chapter 240, Laws of Utah 1996)
13 34A-6-202 (Effective 07/01/97), (Renumbered from 35A-6-202 (Effective 07/01/97), as
14 renumbered and amended by Chapter 240, Laws of Utah 1996)
15 34A-6-203 (Effective 07/01/97), (Renumbered from 35A-6-203 (Effective 07/01/97), as
16 renumbered and amended by Chapter 240, Laws of Utah 1996)
17 34A-6-204 (Effective 07/01/97), (Renumbered from 35A-6-204 (Effective 07/01/97), as
18 renumbered and amended by Chapter 240, Laws of Utah 1996)
19 34A-6-301 (Effective 07/01/97), (Renumbered from 35A-6-301 (Effective 07/01/97), as
20 renumbered and amended by Chapter 240, Laws of Utah 1996)
21 34A-6-302 (Effective 07/01/97), (Renumbered from 35A-6-302 (Effective 07/01/97), as
22 renumbered and amended by Chapter 240, Laws of Utah 1996)
23 34A-6-303 (Effective 07/01/97), (Renumbered from 35A-6-303 (Effective 07/01/97), as
24 renumbered and amended by Chapter 240, Laws of Utah 1996)
25 34A-6-304 (Effective 07/01/97), (Renumbered from 35A-6-304 (Effective 07/01/97), as
26 renumbered and amended by Chapter 240, Laws of Utah 1996)
27 34A-6-305 (Effective 07/01/97), (Renumbered from 35A-6-305 (Effective 07/01/97), as
28 renumbered and amended by Chapter 240, Laws of Utah 1996)
29 34A-6-306 (Effective 07/01/97), (Renumbered from 35A-6-306 (Effective 07/01/97), as
30 renumbered and amended by Chapter 240, Laws of Utah 1996)
31 34A-6-307 (Effective 07/01/97), (Renumbered from 35A-6-307 (Effective 07/01/97), as
1 renumbered and amended by Chapter 240, Laws of Utah 1996)
2 34A-7-101 (Effective 07/01/97), (Renumbered from 35A-7-101 (Effective 07/01/97), as
3 renumbered and amended by Chapter 240, Laws of Utah 1996)
4 34A-7-102 (Effective 07/01/97), (Renumbered from 35A-7-102 (Effective 07/01/97), as
5 renumbered and amended by Chapter 240, Laws of Utah 1996)
6 34A-7-103 (Effective 07/01/97), (Renumbered from 35A-7-103 (Effective 07/01/97), as
7 renumbered and amended by Chapter 240, Laws of Utah 1996)
8 34A-7-104 (Effective 07/01/97), (Renumbered from 35A-7-104 (Effective 07/01/97), as
9 renumbered and amended by Chapter 240, Laws of Utah 1996)
10 34A-7-105 (Effective 07/01/97), (Renumbered from 35A-7-105 (Effective 07/01/97), as
11 renumbered and amended by Chapter 240, Laws of Utah 1996)
12 34A-8-101 (Effective 07/01/97), (Renumbered from 35A-9-201 (Effective 07/01/97), as
13 renumbered and amended by Chapter 240, Laws of Utah 1996)
14 34A-8-102 (Effective 07/01/97), (Renumbered from 35A-9-202 (Effective 07/01/97), as
15 renumbered and amended by Chapter 240, Laws of Utah 1996)
16 34A-8-103 (Effective 07/01/97), (Renumbered from 35A-9-203 (Effective 07/01/97), as
17 renumbered and amended by Chapter 240, Laws of Utah 1996)
18 34A-8-104 (Effective 07/01/97), (Renumbered from 35A-9-204 (Effective 07/01/97), as
19 renumbered and amended by Chapter 240, Laws of Utah 1996)
20 34A-8-105 (Effective 07/01/97), (Renumbered from 35A-9-205 (Effective 07/01/97), as
21 renumbered and amended by Chapter 240, Laws of Utah 1996)
22 34A-8-106 (Effective 07/01/97), (Renumbered from 35A-9-206 (Effective 07/01/97), as
23 renumbered and amended by Chapter 240, Laws of Utah 1996)
24 34A-8-107 (Effective 07/01/97), (Renumbered from 35A-9-207 (Effective 07/01/97), as
25 renumbered and amended by Chapter 240, Laws of Utah 1996)
26 34A-8-108 (Effective 07/01/97), (Renumbered from 35A-9-208 (Effective 07/01/97), as
27 renumbered and amended by Chapter 240, Laws of Utah 1996)
28 34A-8-109 (Effective 07/01/97), (Renumbered from 35A-9-209 (Effective 07/01/97), as
29 renumbered and amended by Chapter 240, Laws of Utah 1996)
30 34A-8-110 (Effective 07/01/97), (Renumbered from 35A-9-210 (Effective 07/01/97), as
31 renumbered and amended by Chapter 240, Laws of Utah 1996)
1 34A-8-111 (Effective 07/01/97), (Renumbered from 35A-9-211 (Effective 07/01/97), as
2 renumbered and amended by Chapter 240, Laws of Utah 1996)
3 34A-8-112 (Effective 07/01/97), (Renumbered from 35A-9-212 (Effective 07/01/97), as
4 renumbered and amended by Chapter 240, Laws of Utah 1996)
5 34A-8-113 (Effective 07/01/97), (Renumbered from 35A-9-213 (Effective 07/01/97), as
6 renumbered and amended by Chapter 240, Laws of Utah 1996)
7 35A-1-209, (Renumbered from 35A-1-403, as enacted by Chapter 240, Laws of Utah 1996)
8 35A-3-1101 (Effective 07/01/97), (Renumbered from 35A-8-101 (Effective 07/01/97), as
9 enacted by Chapter 240, Laws of Utah 1996)
10 35A-3-1102, (Renumbered from 53A-15-204, as last amended by Chapter 147, Laws of Utah
11 1994)
12 35A-3-1201 (Effective 07/01/97), (Renumbered from 35A-8-201 (Effective 07/01/97), as
13 renumbered and amended by Chapter 240, Laws of Utah 1996)
14 35A-3-1202 (Effective 07/01/97), (Renumbered from 35A-8-202 (Effective 07/01/97), as
15 renumbered and amended by Chapter 240, Laws of Utah 1996)
16 35A-3-1203 (Effective 07/01/97), (Renumbered from 35A-8-203 (Effective 07/01/97), as
17 renumbered and amended by Chapter 240, Laws of Utah 1996)
18 35A-3-1204 (Effective 07/01/97), (Renumbered from 35A-8-204 (Effective 07/01/97), as
19 renumbered and amended by Chapter 240, Laws of Utah 1996)
20 35A-3-1205 (Effective 07/01/97), (Renumbered from 35A-8-205 (Effective 07/01/97), as
21 renumbered and amended by Chapter 240 and last amended by Chapter 243, Laws
22 of Utah 1996)
23 35A-3-1206 (Effective 07/01/97), (Renumbered from 35A-8-206 (Effective 07/01/97), as
24 renumbered and amended by Chapter 240, Laws of Utah 1996)
25 35A-5-1101 (Effective 07/01/97), (Renumbered from 35A-9-101 (Effective 07/01/97), as
26 renumbered and amended by Chapter 240, Laws of Utah 1996)
27 35A-5-1102 (Effective 07/01/97), (Renumbered from 35A-9-102 (Effective 07/01/97), as
28 renumbered and amended by Chapter 240, Laws of Utah 1996)
29 35A-5-1103 (Effective 07/01/97), (Renumbered from 35A-9-103 (Effective 07/01/97), as
30 renumbered and amended by Chapter 240, Laws of Utah 1996)
31 35A-5-1201 (Effective 07/01/97), (Renumbered from 35A-9-301 (Effective 07/01/97), as
1 enacted by Chapter 240, Laws of Utah 1996)
2 35A-5-1202 (Effective 07/01/97), (Renumbered from 35A-9-302 (Effective 07/01/97), as
3 enacted by Chapter 240, Laws of Utah 1996)
4 35A-6-1102 (Effective 07/01/97), (Renumbered from 35A-10-105 (Effective 07/01/97), as
5 renumbered and amended by Chapter 240, Laws of Utah 1996)
6 35A-6-1103 (Effective 07/01/97), (Renumbered from 35A-10-106 (Effective 07/01/97), as
7 renumbered and amended by Chapter 240, Laws of Utah 1996)
8 35A-6-1104 (Effective 07/01/97), (Renumbered from 35A-10-107 (Effective 07/01/97), as
9 renumbered and amended by Chapter 240, Laws of Utah 1996)
10 REPEALS:
11 34-28-11, as enacted by Chapter 85, Laws of Utah 1969
12 35A-1-308 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
13 35A-1-401, as enacted by Chapter 240, Laws of Utah 1996
14 35A-1-402, as enacted by Chapter 240, Laws of Utah 1996
15 35A-1-404, as enacted by Chapter 240, Laws of Utah 1996
16 35A-1-405, as enacted by Chapter 240, Laws of Utah 1996
17 35A-3-305 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
18 1996
19 35A-3-306 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
20 1996
21 35A-3-308 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
22 1996
23 35A-3-309 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
24 1996
25 35A-3-310 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
26 1996
27 35A-3-311 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
28 1996
29 35A-3-808 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
30 1996
31 35A-10-101 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
1 1996
2 35A-10-102 (Effective 07/01/97), as renumbered and amended by Chapter 240 and last
3 amended by Chapter 243, Laws of Utah 1996
4 35A-10-103 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
5 1996
6 35A-10-104 (Effective 07/01/97), as renumbered and amended by Chapter 240 and last
7 amended by Chapter 243, Laws of Utah 1996
8 35A-10-108 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
9 1996
10 This act affects uncodified material as follows:
11 AMENDS:
12 Uncodified Section 376, Chapter 240, Laws of Utah 1996
13 This act enacts uncodified material.
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 9-2-413 (Effective 07/01/97) is amended to read:
16 9-2-413 (Effective 07/01/97 Repealed 01/01/98). State tax credits.
17 (1) Subject to the limitations of Subsections (2) through (4), the following state tax credits
18 against income tax or corporate franchise tax are applicable in an enterprise zone:
19 (a) a tax credit of $750 may be claimed by a business for each new full-time position filled
20 for not less than six months during a given tax year;
21 (b) an additional $500 tax credit may be claimed if the new position pays at least 125%
22 of:
23 (i) the county average monthly nonagricultural payroll wage for the respective industry
24 as determined by the [
25 Department of Workforce Services; or
26 (ii) if the county average monthly nonagricultural payroll wage is not available for the
27 respective industry, [
28 payroll wage in the respective county where the enterprise zone is located;
29 (c) an additional credit of $750 may be claimed if the new position is in a business [
30 that adds value to agricultural commodities through manufacturing or processing;
31 (d) an additional credit of $200 may be claimed for two consecutive years for each new
1 employee who is insured under an employer-sponsored health insurance program if the employer
2 pays at least 50% of the premium cost for two consecutive years;
3 (e) a credit of 50% of the value of a cash contribution to a private nonprofit corporation,
4 except that the credit claimed may not exceed $100,000:
5 (i) that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
6 Code;
7 (ii) whose primary purpose is community and economic development; and
8 (iii) that has been accredited by the board of directors of the Utah Rural Development
9 Council;
10 (f) a credit of 25% of the first $200,000 spent on rehabilitating a building in the enterprise
11 zone that has been vacant for two years or more; and
12 (g) an annual investment tax credit of 10% of the first $250,000 in investment, and 5%
13 of the next $1,000,000 qualifying investment in plant, equipment, or other depreciable property.
14 (2) (a) Subject to the limitations of Subsection (2)(b), a business claiming a credit under
15 Subsections (1)(a) through (d) may claim a credit for 30 full-time employee positions or less in
16 each of its taxable years.
17 (b) A business that received a credit for its full-time employee positions under Subsections
18 (1)(a) through (d) may claim an additional credit for a full-time employee position under
19 Subsections (1)(a) through (d) if:
20 (i) the business creates a new full-time employee position;
21 (ii) the total number of full-time employee positions at the business is greater than the
22 number of full-time employee positions previously claimed by the business under Subsections
23 (1)(a) through (d); and
24 (iii) the total number of credits the business has claimed for its current taxable year,
25 including the new full-time employee position for which the business is claiming a credit, is less
26 than or equal to 30.
27 (c) A business existing in an enterprise zone on the date of its designation shall calculate
28 the number of full-time positions based on the average number of employees reported to the
29 [
30 (d) Construction jobs are not eligible for the tax credit under Subsections (1)(a) through
31 (d).
1 (3) Tax credits not claimed by a business on its state income tax return within three years
2 are forfeited.
3 (4) The tax credits under Subsections (1)(a) through (d) may not be claimed by a business
4 engaged in retail trade or by a public utilities business.
5 Section 2. Section 10-2-302 is amended to read:
6 10-2-302. Change of class.
7 (1) Whenever any city of the second class shall have attained the population of 100,000
8 or more, or any city of the third class shall have attained a population of 60,000 or more, or any
9 town shall have attained the population of 800 or more, as ascertained and determined by a
10 national, state, or special census conducted by a municipality, it shall be the duty of the mayor to
11 certify that fact to the lieutenant governor who shall certify that fact to the governor. Upon receipt
12 of the certificate, the governor shall declare by public proclamation that the city or town is now
13 a city of the first, second, or third class, as the case may be. The municipality thus changed will
14 be governed by the provision of this act applicable to municipalities to the class to which such
15 municipality has become.
16 (2) Any census conducted, or population estimate of the [
17
18 population of any municipality shall be considered an official census and may be used for any
19 purpose for which population is a factor.
20 Section 3. Section 17-5-214 is amended to read:
21 17-5-214. Fees of county officers.
22 (1) As used in this section, "county officer" means all of the county officers enumerated
23 in Section 17-16-2 except county recorders, county constables, and county sheriffs.
24 (2) The county legislative body shall adopt an ordinance establishing the fees for services
25 provided by each county officer.
26 (3) (a) Each county officer shall collect, in advance, for exclusive county use and benefit:
27 (i) all fees established by the county legislative body under this section; and
28 (ii) any other fees authorized or required by law.
29 (b) As long as the displaced homemaker program is authorized by Section [
30 35A-3-1102, the county clerk shall:
31 (i) assess $20 in addition to whatever fee for a marriage license is established under
1 authority of this section; and
2 (ii) transmit $20 from each marriage license fee to the Division of Finance to be credited
3 to the displaced homemaker program.
4 (c) As long as the Children's Legal Defense Account is authorized by Section 63-63a-8,
5 the county clerk shall:
6 (i) assess $10 in addition to whatever fee for a marriage license is established under
7 authority of this section and in addition to the $20 assessed for the displaced homemaker program;
8 and
9 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit in
10 the Children's Legal Defense Account.
11 (4) This section does not apply to any fees currently being assessed by the state but
12 collected by county officers.
13 Section 4. Section 17-33-10 (Effective 07/01/97) is amended to read:
14 17-33-10 (Effective 07/01/97). Grievance and appeals procedure -- Employees'
15 complaints of discriminatory or unfair employment practice.
16 (1) Any county to which the provisions of this act apply shall establish in its personnel
17 rules and regulations a grievance and appeals procedure. The procedure shall be used to resolve
18 disputes arising from grievances as defined in the rules and regulations, including but not limited
19 to acts of discrimination. The procedure may also be used by employees in the event of dismissal,
20 demotion, suspension, or transfer.
21 (2) Any charge by a county career service employee of discriminatory or unfair
22 employment practice as prohibited by Section [
23 Division of Antidiscrimination and Labor[
24 Commission. Complaints shall be filed within 30 days of the issuance of a written decision of the
25 county career service council.
26 Section 5. Section 26-1-30 (Effective 07/01/97) is amended to read:
27 26-1-30(Effective 07/01/97). Powers and duties of department.
28 (1) The department shall:
29 (a) enter into cooperative agreements with the Department of Environmental Quality to
30 delineate specific responsibilities to assure that assessment and management of risk to human
31 health from the environment are properly administered; and
1 (b) consult with the Department of Environmental Quality and enter into cooperative
2 agreements, as needed, to ensure efficient use of resources and effective response to potential
3 health and safety threats from the environment, and to prevent gaps in protection from potential
4 risks from the environment to specific individuals or population groups.
5 (2) In addition to all other powers and duties of the department, it shall have and exercise
6 the following powers and duties:
7 (a) promote and protect the health and wellness of the people within the state;
8 (b) establish, maintain, and enforce rules necessary or desirable to carry out the provisions
9 and purposes of this title to promote and protect the public health or to prevent disease and illness;
10 (c) investigate and control the causes of epidemic, infectious, communicable, and other
11 diseases affecting the public health;
12 (d) provide for the detection, reporting, prevention, and control of communicable,
13 infectious, acute, chronic, or any other disease or health hazard that the department considers to
14 be dangerous, important, or likely to affect the public health;
15 (e) collect and report information on causes of injury, sickness, death, and disability and
16 the risk factors that contribute to the causes of injury, sickness, death, and disability within the
17 state;
18 (f) collect, prepare, publish, and disseminate information to inform the public concerning
19 the health and wellness of the population, specific hazards, and risks that may affect the health and
20 wellness of the population and specific activities which may promote and protect the health and
21 wellness of the population;
22 (g) establish and operate programs necessary or desirable for the promotion or protection
23 of the public health and the control of disease or which may be necessary to ameliorate the major
24 causes of injury, sickness, death, and disability in the state, except that the programs shall not be
25 established if adequate programs exist in the private sector;
26 (h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
27 exercise physical control over property and individuals as the department finds necessary for the
28 protection of the public health;
29 (i) close theaters, schools, and other public places and forbid gatherings of people when
30 necessary to protect the public health;
31 (j) abate nuisances when necessary to eliminate sources of filth and infectious and
1 communicable diseases affecting the public health;
2 (k) make necessary sanitary and health investigations and inspections in cooperation with
3 local health departments as to any matters affecting the public health;
4 (l) establish laboratory services necessary to support public health programs and medical
5 services in the state;
6 (m) establish and enforce standards for laboratory services which are provided by any
7 laboratory in the state when the purpose of the services is to protect the public health;
8 (n) cooperate with the [
9 studies of occupational health hazards and occupational diseases arising in and out of employment
10 in industry, and make recommendations for elimination or reduction of the hazards;
11 (o) cooperate with the local health departments, the Department of Corrections, the
12 Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
13 Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
14 victims of a sexual offense;
15 (p) investigate the cause of maternal and infant mortality;
16 (q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
17 and drivers of motor vehicles killed in highway accidents be examined for the presence and
18 concentration of alcohol;
19 (r) provide the commissioner of public safety with monthly statistics reflecting the results
20 of the examinations provided for in Subsection (2)(q) and provide safeguards so that information
21 derived from the examinations is not used for a purpose other than the compilation of statistics
22 authorized in this subsection;
23 (s) establish qualifications for individuals permitted to draw blood pursuant to Section
24 41-6-44.10, and to issue permits to individuals it finds qualified, which permits may be terminated
25 or revoked by the department;
26 (t) establish a uniform public health program throughout the state which includes
27 continuous service, employment of qualified employees, and a basic program of disease control,
28 vital and health statistics, sanitation, public health nursing, and other preventive health programs
29 necessary or desirable for the protection of public health;
30 (u) adopt rules and enforce minimum sanitary standards for the operation and maintenance
31 of:
1 (i) orphanages;
2 (ii) boarding homes;
3 (iii) summer camps for children;
4 (iv) lodging houses;
5 (v) hotels;
6 (vi) restaurants and all other places where food is handled for commercial purposes, sold,
7 or served to the public;
8 (vii) tourist and trailer camps;
9 (viii) service stations;
10 (ix) public conveyances and stations;
11 (x) public and private schools;
12 (xi) factories;
13 (xii) private sanatoria;
14 (xiii) barber shops;
15 (xiv) beauty shops;
16 (xv) physicians' offices;
17 (xvi) dentists' offices;
18 (xvii) workshops;
19 (xviii) industrial, labor, or construction camps;
20 (xix) recreational resorts and camps;
21 (xx) swimming pools, public baths, and bathing beaches;
22 (xxi) state, county, or municipal institutions, including hospitals and other buildings,
23 centers, and places used for public gatherings; and
24 (xxii) of any other facilities in public buildings and on public grounds;
25 (v) conduct health planning for the state;
26 (w) monitor the costs of health care in the state and foster price competition in the health
27 care delivery system;
28 (x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
29 Chapter 21;
30 (y) serve as the collecting agent, on behalf of the state, for the nursing facility assessment
31 fee imposed under Title 26, Chapter 35, and the temporary provider assessment imposed under
1 Chapter 36, and adopt rules for the enforcement and administration of the assessments consistent
2 with Chapters 35 and 36; and
3 (z) monitor and report to the Health Policy Commission created in Title 63C, Chapter 3,
4 on the development of managed health care plans in rural areas of the state, including the effect
5 of the managed health care plans on costs, access, and availability of providers located in the rural
6 communities of the state.
7 Section 6. Section 26-4-24 (Effective 07/01/97) is amended to read:
8 26-4-24 (Effective 07/01/97). Autopsies -- Persons eligible to authorize.
9 (1) Autopsies may be authorized:
10 (a) by the [
11 Labor Commission or the [
12 [
13 (b) by individuals by will or other written document;
14 (c) upon a decedent by the next of kin in the following order and as known: surviving
15 spouse, child, if 18 years or older, otherwise the legal guardian of the child, parent, sibling, uncle
16 or aunt, nephew or niece, cousin, others charged by law with the duty of burial, or friend assuming
17 the obligation of burial;
18 (d) by the county attorney, district attorney, or [
19 district judge; and
20 (e) by the medical examiner as provided in this chapter.
21 (2) Autopsies authorized under Subsections (1)(a) and (1)(d) shall be performed by a
22 certified pathologist.
23 (3) No criminal or civil action arises against a pathologist or a physician who proceeds in
24 good faith and performs an autopsy authorized by this section.
25 Section 7. Section 26-6a-11 (Effective 07/01/97) is amended to read:
26 26-6a-11 (Effective 07/01/97). Workers' compensation claims by emergency medical
27 services providers -- Time limits.
28 (1) For all purposes of establishing a workers' compensation claim, the "date of accident"
29 is presumed to be the date on which an emergency medical services provider first tests positive for
30 a disease. However, for purposes of establishing the rate of workers' compensation benefits under
31 Subsection [
1 after termination of employment, the last date of employment is presumed to be the "date of
2 accident."
3 (2) The time limits prescribed by Section [
4 employee whose disability is due to a disease, so long as the employee who claims to have
5 suffered a significant exposure in the service of his employer gives notice, as required by Section
6 [
7 (3) Any claim for workers' compensation benefits or medical expenses shall be filed with
8 the Division of Adjudication of the Labor Commission within one year after the date on which the
9 employee first becomes disabled or requires medical treatment for a disease, or within one year
10 after the termination of employment as an emergency medical services provider, whichever occurs
11 later.
12 Section 8. Section 26-6a-12 (Effective 07/01/97) is amended to read:
13 26-6a-12 (Effective 07/01/97). Failure to be tested -- Time limit for death benefits.
14 (1) An emergency medical services provider who refuses or fails to be tested in accordance
15 with Section 26-6a-10 is not entitled to any of the presumptions provided by Sections 26-6a-10
16 through 26-6a-14.
17 (2) Death benefits payable under Section [
18 can be established by competent evidence that death was a consequence of or result of the disease
19 and, notwithstanding Subsection [
20 from the date the employee first became disabled or required medical treatment for the disease that
21 caused his death.
22 Section 9. Section 26-6a-13 (Effective 07/01/97) is amended to read:
23 26-6a-13 (Effective 07/01/97). Volunteer emergency medical services providers --
24 Workers' compensation premiums.
25 (1) For purposes of receiving workers' compensation benefits, any person performing the
26 services of an emergency medical services provider is considered an employee of the entity for
27 whom it provides those services.
28 (2) (a) With regard to emergency medical services providers who perform those services
29 for minimal or no compensation on a volunteer basis, and who are primarily employed other than
30 as emergency medical services providers, the amount of workers' compensation benefits shall be
31 based on that primary employment. Any excess premiums necessary for workers' compensation
1 shall be paid by the entity that utilized that individual as an emergency medical services provider.
2 (b) With regard to emergency medical services providers who perform those services for
3 minimal or no compensation or on a volunteer basis, and who have no other employment, the
4 amount of workers' compensation benefits shall be the minimum benefit. Any premium necessary
5 for workers' compensation shall be paid by the entity that utilizes that individual as an emergency
6 medical services provider.
7 (3) Workers' compensation benefits are the exclusive remedy for all injuries and
8 occupational diseases, as provided by Title [
9 emergency medical services providers described in Subsection (2) are not precluded from utilizing
10 insurance benefits provided by a primary employer, or any other insurance benefits, in addition
11 to workers' compensation benefits.
12 Section 10. Section 26-6a-14 (Effective 07/01/97) is amended to read:
13 26-6a-14 (Effective 07/01/97). Rulemaking authority -- Rebuttable presumption.
14 (1) The [
15 rules necessary for the purposes of Sections 26-6a-10 through 26-6a-13.
16 (2) The presumption provided by Sections 26-6a-10 through 26-6a-14 is a rebuttable
17 presumption.
18 Section 11. Section 31A-15-103 (Effective 07/01/97) is amended to read:
19 31A-15-103 (Effective 07/01/97). Surplus lines insurance -- Unauthorized insurers.
20 (1) Notwithstanding Section 31A-15-102, a foreign insurer that has not obtained a
21 certificate of authority to do business in this state under Section 31A-14-202 may negotiate for and
22 make insurance contracts with persons in this state and on risks located in this state, subject to the
23 limitations and requirements of this section.
24 (2) For contracts made under this section, the insurer may, in this state, inspect the risks
25 to be insured, collect premiums and adjust losses, and do all other acts reasonably incidental to the
26 contract, through employees or through independent contractors.
27 (3) Subsections (1) and (2) do not permit any person to solicit business in this state on
28 behalf of an insurer that has no certificate of authority. Any insurance placed with a nonadmitted
29 insurer shall be placed with a surplus lines broker licensed under Chapter 23. The commissioner
30 may by rule prescribe how a surplus lines broker may pay or permit the payment, commission, or
31 other remuneration on insurance placed by him under authority of his license to one holding a
1 license to act as an insurance agent, and how he may advertise the availability of his services in
2 procuring, on behalf of persons seeking insurance, contracts with nonadmitted insurers.
3 (4) For contracts made under this section, nonadmitted insurers are subject to Sections
4 31A-23-302 and 31A-26-303 and the rules adopted under those sections.
5 (5) A nonadmitted insurer may not issue workers' compensation insurance coverage to
6 employers located in this state, except for stop loss coverages issued to employers securing
7 workers' compensation under Subsection [
8 (6) (a) The commissioner may by rule prohibit making contracts under Subsection (1) for
9 a specified class of insurance if authorized insurers provide an established market for the class in
10 this state that is adequate and reasonably competitive.
11 (b) The commissioner may by rule place restrictions and limitations on and create special
12 procedures for making contracts under Subsection (1) for a specified class of insurance if there
13 have been abuses of placements in the class or if the policyholders in the class, because of limited
14 financial resources, business experience, or knowledge, cannot protect their own interests
15 adequately.
16 (c) The commissioner may prohibit an individual insurer from making any contract under
17 Subsection (1) and all insurance agents and brokers from dealing with the insurer if:
18 (i) the insurer has willfully violated this section, Section 31A-4-102, 31A-23-302, or
19 31A-26-303, or any rule adopted under any of these sections;
20 (ii) the insurer has failed to pay the fees and taxes specified under Section 31A-3-301; or
21 (iii) the commissioner has reason to believe that the insurer is in an unsound condition or
22 is operated in a fraudulent, dishonest, or incompetent manner or in violation of the law of its
23 domicile.
24 (d) The commissioner may issue lists of unauthorized foreign insurers whose solidity he
25 doubts or whose practices he considers objectionable. The commissioner shall issue lists of
26 unauthorized foreign insurers he considers to be reliable and solid. The commissioner may also
27 issue other relevant evaluations of unauthorized insurers. No action lies against the commissioner
28 or any employee of the department for any written or oral communication made in, or in
29 connection with the issuance of, these lists or evaluations. A foreign unauthorized insurer shall
30 be listed on the commissioner's "reliable" list only if the unauthorized insurer:
31 (i) has delivered a request to the commissioner to be on the list;
1 (ii) has established satisfactory evidence of good reputation and financial integrity;
2 (iii) has delivered to the commissioner a copy of its current annual statement certified by
3 the insurer and continues each subsequent year to file its annual statements with the commissioner
4 within 60 days of its filing with the insurance regulatory authority where it is domiciled; and
5 (iv) (A) is in substantial compliance with the solvency standards in Chapter 17, Part 6,
6 Risk-Based Capital, or maintains capital and surplus of at least $5,000,000, whichever is greater,
7 and maintains in the United States an irrevocable trust fund in either a national bank or a member
8 of the Federal Reserve System, or maintains a deposit meeting the statutory deposit requirements
9 for insurers in the state where it is made, which trust fund or deposit:
10 (I) shall be in an amount not less than $1,500,000 for the protection of all of the insurer's
11 policyholders in the United States;
12 (II) may consist of cash, securities, or investments of substantially the same character and
13 quality as those which are "qualified assets" under Section 31A-17-201; and
14 (III) may include as part of the trust arrangement a letter of credit that qualifies as
15 acceptable security under Subsection 31A-17-404(3)(c)(iii); or
16 (B) in the case of any "Lloyd's" or other similar incorporated or unincorporated group of
17 alien individual insurers, maintains a trust fund that:
18 (I) shall be in an amount not less than $50,000,000 as security to its full amount for all
19 policyholders and creditors in the United States of each member of the group;
20 (II) may consist of cash, securities, or investments of substantially the same character and
21 quality as those which are "qualified assets" under Section 31A-17-201; and
22 (III) may include as part of this trust arrangement a letter of credit that qualifies as
23 acceptable security under Subsection 31A-17-404(3)(c)(iii).
24 (7) A surplus lines broker may not, either knowingly or without reasonable investigation
25 of the financial condition and general reputation of the insurer, place insurance under this section
26 with financially unsound insurers or with insurers engaging in unfair practices, or with otherwise
27 substandard insurers, unless the broker gives the applicant notice in writing of the known
28 deficiencies of the insurer or the limitations on his investigation, and explains the need to place
29 the business with that insurer. A copy of this notice shall be kept in the office of the broker for at
30 least five years. To be financially sound, an insurer shall satisfy standards that are comparable to
31 those applied under the laws of this state to authorized insurers. Insurers on the "doubtful or
1 objectionable" list under Subsection (6)(d) and insurers not on the commissioner's "reliable" list
2 under Subsection (6)(d) are presumed substandard.
3 (8) A policy issued under this section shall include a description of the subject of the
4 insurance and indicate the coverage, conditions, and term of the insurance, the premium charged
5 and premium taxes to be collected from the policyholder, and the name and address of the
6 policyholder and insurer. If the direct risk is assumed by more than one insurer, the policy shall
7 state the names and addresses of all insurers and the portion of the entire direct risk each has
8 assumed. All policies issued under the authority of this section shall have attached or affixed to
9 the policy the following statement: "The insurer issuing this policy does not hold a certificate of
10 authority to do business in this state and thus is not fully subject to regulation by the Utah
11 insurance commissioner. This policy receives no protection from any of the guaranty associations
12 created under Title 31A, Chapter 28."
13 (9) Upon placing a new or renewal coverage under this section, the broker shall promptly
14 deliver to the policyholder or his agent evidence of the insurance consisting either of the policy
15 as issued by the insurer or, if the policy is not then available, a certificate, cover note, or other
16 confirmation of insurance complying with Subsection (8).
17 (10) If he finds it necessary to protect the interests of insureds and the public in this state,
18 the commissioner may by rule subject policies issued under this section to as much of the
19 regulation provided by this title as is required for comparable policies written by authorized
20 foreign insurers.
21 (11) (a) Each surplus lines transaction in this state shall be examined to determine whether
22 it complies with:
23 (i) the surplus lines tax levied under Chapter 3;
24 (ii) the solicitation limitations of Subsection (3);
25 (iii) the requirement of Subsection (3) that placement be through a surplus lines broker;
26 (iv) placement limitations imposed under Subsections (6)(a), (b), and (c); and
27 (v) the policy form requirements of Subsections (8) and (10).
28 (b) The examination described in Subsection (11)(a) shall take place as soon as practicable
29 after the transaction. The surplus lines broker shall submit to the examiner information necessary
30 to conduct the examination within a period specified by rule.
31 (c) The examination described in Subsection (11)(a) may be conducted by the
1 commissioner or by an advisory organization created under Section 31A-15-111 and authorized
2 by the commissioner to conduct these examinations. The commissioner is not required to
3 authorize any additional advisory organizations to conduct examinations under this subsection.
4 The commissioner's authorization of one or more advisory organizations to act as examiners under
5 this subsection shall be by rule. In addition, the authorization shall be evidenced by a contract, on
6 a form provided by the commissioner, between the authorized advisory organization and the
7 department.
8 (d) The person conducting the examination described in Subsection (11)(a) shall collect
9 a stamping fee of an amount not to exceed 1% of the policy premium payable in connection with
10 the transaction. Stamping fees collected by the commissioner shall be deposited in the General
11 Fund. The commissioner shall establish this fee by rule. Stamping fees collected by an advisory
12 organization are the property of the advisory organization to be used in paying the expenses of the
13 advisory organization. Liability for paying the stamping fee is as required under Subsection
14 31A-3-303(1) for taxes imposed under Section 31A-3-301. The commissioner shall adopt a rule
15 dealing with the payment of stamping fees. If stamping fees are not paid when due, the
16 commissioner or advisory organization may impose a penalty of 25% of the fee due, plus 1-1/2%
17 per month from the time of default until full payment of the fee. Fees relative to policies covering
18 risks located partially in this state shall be allocated in the same manner as under Subsection
19 31A-3-303(4).
20 (e) The commissioner, representatives of the department, advisory organizations,
21 representatives and members of advisory organizations, authorized insurers, and surplus lines
22 insurers are not liable for damages on account of statements, comments, or recommendations made
23 in good faith in connection with their duties under this subsection or under Section 31A-15-111.
24 (f) Examinations conducted under this subsection and the documents and materials related
25 to the examinations are confidential.
26 Section 12. Section 31A-22-303 (Effective 07/01/97) is amended to read:
27 31A-22-303 (Effective 07/01/97). Motor vehicle liability coverage.
28 (1) In addition to complying with the requirements of Chapter 21 and Part II of Chapter
29 22, a policy of motor vehicle liability coverage under Subsection 31A-22-302(1)(a) shall:
30 (a) name the motor vehicle owner or operator in whose name the policy was purchased,
31 state that named insured's address, the coverage afforded, the premium charged, the policy period,
1 and the limits of liability;
2 (b) (i) if it is an owner's policy, designate by appropriate reference all the motor vehicles
3 on which coverage is granted, insure the person named in the policy, insure any other person using
4 any named motor vehicle with the express or implied permission of the named insured, and, except
5 as provided in Subsection (7), insure any person included in Subsection (1)(c) against loss from
6 the liability imposed by law for damages arising out of the ownership, maintenance, or use of these
7 motor vehicles within the United States and Canada, subject to limits exclusive of interest and
8 costs, for each motor vehicle, in amounts not less than the minimum limits specified under Section
9 31A-22-304; or
10 (ii) if it is an operator's policy, insure the person named as insured against loss from the
11 liability imposed upon him by law for damages arising out of the insured's use of any motor
12 vehicle not owned by him, within the same territorial limits and with the same limits of liability
13 as in an owner's policy under Subsection (1)(b)(i); and
14 (c) except as provided in Subsection (7), insure persons related to the named insured by
15 blood, marriage, adoption, or guardianship who are residents of the named insured's household,
16 including those who usually make their home in the same household but temporarily live
17 elsewhere, to the same extent as the named insured.
18 (2) A policy containing motor vehicle liability coverage under Subsection
19 31A-22-302(1)(a) may:
20 (a) provide for the prorating of the insurance under that policy with other valid and
21 collectible insurance;
22 (b) grant any lawful coverage in addition to the required motor vehicle liability coverage;
23 (c) if the policy is issued to a person other than a motor vehicle business, limit the
24 coverage afforded to a motor vehicle business or its officers, agents, or employees to the minimum
25 limits under Section 31A-22-304, and to those instances when there is no other valid and
26 collectible insurance with at least those limits, whether the other insurance is primary, excess, or
27 contingent; and
28 (d) if issued to a motor vehicle business, restrict coverage afforded to anyone other than
29 the motor vehicle business or its officers, agents, or employees to the minimum limits under
30 Section 31A-22-304, and to those instances when there is no other valid and collectible insurance
31 with at least those limits, whether the other insurance is primary, excess, or contingent.
1 (3) Motor vehicle liability coverage need not insure any liability:
2 (a) under any workers' compensation law under Title [
3 (b) resulting from bodily injury to or death of an employee of the named insured, other
4 than a domestic employee, while engaged in the employment of the insured, or while engaged in
5 the operation, maintenance, or repair of a designated vehicle; or
6 (c) resulting from damage to property owned by, rented to, bailed to, or transported by the
7 insured.
8 (4) An insurance carrier providing motor vehicle liability coverage has the right to settle
9 any claim covered by the policy, and if the settlement is made in good faith, the amount of the
10 settlement is deductible from the limits of liability specified under Section 31A-22-304.
11 (5) A policy containing motor vehicle liability coverage imposes on the insurer the duty
12 to defend, in good faith, any person insured under the policy against any claim or suit seeking
13 damages which would be payable under the policy.
14 (6) (a) If a policy containing motor vehicle liability coverage provides an insurer with the
15 defense of lack of cooperation on the part of the insured, that defense is not effective against a third
16 person making a claim against the insurer, unless there was collusion between the third person and
17 the insured.
18 (b) If the defense of lack of cooperation is not effective against the claimant, after
19 payment, the insurer is subrogated to the injured person's claim against the insured to the extent
20 of the payment and is entitled to reimbursement by the insured after the injured third person has
21 been made whole with respect to the claim against the insured.
22 (7) A policy of motor vehicle liability coverage under Subsection 31A-22-302(1) may
23 specifically exclude from coverage a person who is a resident of the named insured's household,
24 including a person who usually makes his home in the same household but temporarily lives
25 elsewhere, if each person excluded from coverage satisfies the owner's or operator's security
26 requirement of Section 41-12a-301, independently of the named insured's proof of owner's or
27 operator's security.
28 Section 13. Section 31A-22-305 (Effective 07/01/97) is amended to read:
29 31A-22-305 (Effective 07/01/97). Uninsured and underinsured motorist coverage.
30 (1) As used in this section, "covered persons" includes:
31 (a) the named insured;
1 (b) persons related to the named insured by blood, marriage, adoption, or guardianship,
2 who are residents of the named insured's household, including those who usually make their home
3 in the same household but temporarily live elsewhere;
4 (c) any person occupying or using a motor vehicle referred to in the policy or owned by
5 a self-insurer; and
6 (d) any person who is entitled to recover damages against the owner or operator of the
7 uninsured or underinsured motor vehicle because of bodily injury to or death of persons under
8 Subsection (1)(a), (b), or (c).
9 (2) As used in this section, "uninsured motor vehicle" includes:
10 (a) (i) a vehicle, the operation, maintenance, or use of which is not covered under a
11 liability policy at the time of an injury-causing occurrence; or
12 (ii) (A) a vehicle covered with lower liability limits than required by Section 31A-22-304;
13 (B) the vehicle described in Subsection (2)(a)(ii)(A) is uninsured to the extent of the
14 deficiency;
15 (b) an unidentified vehicle that left the scene of an accident proximately caused by the
16 vehicle operator; or
17 (c) (i) an insured vehicle if, before or after the accident, the liability insurer of the vehicle
18 is declared insolvent by a court of competent jurisdiction;
19 (ii) the vehicle described in Subsection (2)(c)(i) is uninsured only to the extent that the
20 claim against the insolvent insurer is not paid by a guaranty association or fund.
21 (3) Uninsured motorist coverage under Subsection 31A-22-302(1)(b) provides coverage
22 for covered persons who are legally entitled to recover damages from owners or operators of
23 uninsured motor vehicles because of bodily injury, sickness, disease, or death in limits that at least
24 equal the minimum bodily injury limits for motor vehicle liability policies under Section
25 31A-22-304.
26 (4) (a) Except as provided in Subsection (4)(b), the named insured may reject uninsured
27 motorist coverage by an express writing to the insurer that provides liability coverage under
28 Subsection 31A-22-302(1)(a). This rejection continues for that issuer of the liability coverage
29 until the insured in writing requests uninsured motorist coverage from that liability insurer.
30 (b) All persons, including governmental entities, that are engaged in the business of, or
31 that accept payment for, transporting natural persons by motor vehicle, and all school districts that
1 provide transportation services for their students, shall provide coverage for all vehicles used for
2 that purpose, by purchase of a policy of insurance or by self-insurance, uninsured motorist
3 coverage of at least $25,000 per person and $500,000 per accident.
4 (i) This coverage is secondary to any other insurance covering an injured covered person.
5 (ii) This coverage does not apply to an employee, who is injured by an uninsured motorist,
6 whose exclusive remedy is provided by Title [
7 Act.
8 (c) As used in this subsection:
9 (i) "Governmental entity" has the same meaning as under Section 63-30-2.
10 (ii) "Motor vehicle" has the same meaning as under Section 41-1a-102.
11 (5) When a covered person alleges that an uninsured motor vehicle under Subsection (2)(b)
12 proximately caused an accident without touching the covered person or the vehicle occupied by
13 the covered person, the covered person must show the existence of the uninsured motor vehicle
14 by clear and convincing evidence consisting of more than the covered person's testimony.
15 (6) (a) The limit of liability for uninsured motorist coverage for two or more motor
16 vehicles may not be added together, combined, or stacked to determine the limit of insurance
17 coverage available to an injured person for any one accident.
18 (b) (i) Subsection (a) applies to all persons except a covered person as defined under
19 Subsection (7)(b)(ii).
20 (ii) A covered person as defined under Subsection (7)(b)(ii) is entitled to the highest limits
21 of uninsured motorist coverage afforded for any one vehicle that the covered person is the named
22 insured or an insured family member.
23 (iii) This coverage shall be in addition to the coverage on the vehicle the covered person
24 is occupying.
25 (iv) Neither the primary nor the secondary coverage may be set off against the other.
26 (c) Coverage on a motor vehicle occupied at the time of an accident shall be primary
27 coverage, and the coverage elected by a person described under Subsections (1)(a) and (b) shall
28 be secondary coverage.
29 (7) (a) Uninsured motorist coverage under this section applies to bodily injury, sickness,
30 disease, or death of covered persons while occupying or using a motor vehicle only if the motor
31 vehicle is described in the policy under which a claim is made, or if the motor vehicle is a newly
1 acquired or replacement vehicle covered under the terms of the policy. Except as provided in
2 Subsection (6) or (7), a covered person injured in a vehicle described in a policy that includes
3 uninsured motorist benefits may not elect to collect uninsured motorist coverage benefits from any
4 other motor vehicle insurance policy under which he is a covered person.
5 (b) Each of the following persons may also recover uninsured motorist benefits under any
6 other policy in which they are described as a "covered person" as defined in Subsection (1):
7 (i) a covered person injured as a pedestrian by an uninsured motor vehicle; and
8 (ii) a covered person injured while occupying or using a motor vehicle that is not owned
9 by, furnished, or available for the regular use of the covered person, the covered person's resident
10 spouse, or the covered person's resident relative.
11 (c) A covered person in Subsection (7)(b) is not barred against making subsequent
12 elections if recovery is unavailable under previous elections.
13 (8) (a) As used in this section, "underinsured motor vehicle" includes a vehicle, the
14 operation, maintenance, or use of which is covered under a liability policy at the time of an
15 injury-causing occurrence, but which has insufficient liability coverage to compensate fully the
16 injured party for all special and general damages.
17 (b) The term "underinsured motor vehicle" does not include:
18 (i) a motor vehicle that is covered under the liability coverage of the same policy that also
19 contains the underinsured motorist coverage; or
20 (ii) an uninsured motor vehicle as defined in Subsection (2).
21 (9) (a) Underinsured motorist coverage under Subsection 31A-22-302(1)(c) provides
22 coverage for covered persons who are legally entitled to recover damages from owners or operators
23 of underinsured motor vehicles because of bodily injury, sickness, disease, or death in limits of
24 at least $10,000 for one person in any one accident, and at least $20,000 for two or more persons
25 in any one accident.
26 (b) The named insured's underinsured motorist coverage, as described in Subsection (9)(a),
27 is secondary to the liability coverage of an owner or operator of an underinsured motor vehicle,
28 as described in Subsection (8). Underinsured motorist coverage may not be set off against the
29 liability coverage of the owner or operator of an underinsured motor vehicle, but shall be added
30 to, combined with, or stacked upon the liability coverage of the owner or operator of the
31 underinsured motor vehicle to determine the limit of coverage available to the injured person.
1 (c) (i) For new policies or contracts written after January 1, 1993, a named insured may
2 reject underinsured motorist coverage by an express writing to the insurer that provides liability
3 coverage under Subsection 31A-22-302(1)(a). This rejection continues for that issuer of the
4 liability coverage until the insured in writing requests underinsured motorist coverage from that
5 liability insurer.
6 (ii) In conjunction with the first three renewal notices sent after January 1, 1993, for
7 policies existing on that date, the insurer shall notify the insured of the availability of underinsured
8 motorist coverage along with estimated ranges of premiums for the coverage. The department
9 shall provide standard language to be used by insurers to fulfill the insurers' duty under this
10 subsection.
11 (10) (a) Underinsured motorist coverage under this section applies to bodily injury,
12 sickness, disease, or death of an insured while occupying or using a motor vehicle owned by,
13 furnished, or available for the regular use of the insured, a resident spouse, or resident relative of
14 the insured, only if the motor vehicle is described in the policy under which a claim is made, or
15 if the motor vehicle is a newly acquired or replacement vehicle covered under the terms of the
16 policy. Except as provided in Subsection (10), a covered person injured in a vehicle described in
17 a policy that includes underinsured motorist benefits may not elect to collect underinsured motorist
18 coverage benefits from any other motor vehicle insurance policy under which he is a named
19 insured.
20 (b) (i) The limit of liability for underinsured motorist coverage for two or more motor
21 vehicles may not be added together, combined, or stacked to determine the limit of insurance
22 coverage available to an injured person for any one accident.
23 (ii) Subsection (10)(b)(i) applies to all persons except a covered person as defined
24 under Subsection (10)(c)(i)(B).
25 (iii) Coverage on a motor vehicle occupied at the time of an accident shall be primary
26 coverage, and the coverage elected by a person described under Subsections (1)(a) and (b) shall
27 be secondary coverage.
28 (c) (i) Each of the following persons may also recover underinsured motorist coverage
29 benefits under any other policy in which they are described as a "covered person" as defined
30 under Subsection (1):
31 (A) a covered person injured as a pedestrian by an underinsured motor vehicle; or
1 (B) a covered person injured while occupying or using a motor vehicle that is not
2 owned by, furnished, or available for the regular use of the covered person, the covered
3 person's resident spouse, or the covered person's resident relative.
4 (ii) This coverage shall only be available as a secondary source of coverage.
5 (iii) A covered person as defined under Subsection (10)(c)(i)(B) is entitled to the highest
6 limits of underinsured motorist coverage afforded for any one vehicle that the covered person is
7 the named insured or an insured family member.
8 (iv) This coverage shall be in addition to the coverage on the vehicle the covered person
9 is occupying.
10 (v) Neither the primary nor the secondary coverage may be set off against the other.
11 (d) A covered injured person is not barred against making subsequent elections if recovery
12 is unavailable under previous elections.
13 Section 14. Section 31A-22-1002 (Effective 07/01/97) is amended to read:
14 31A-22-1002 (Effective 07/01/97). Duration of coverage.
15 (1) Any insurer assuming a workers' compensation risk shall carry it until the policy is
16 canceled, either:
17 (a) by agreement between the [
18 Accidents in the Labor Commission, the insurer, and the employer; or
19 (b) after:
20 (i) 30 days notice by the insurer to the employer[
21 (ii) notice to the [
22 the Labor Commission as provided in Section [
23 (2) Subsection (1) does not affect the requirements of Section 31A-22-1001.
24 Section 15. Section 31A-22-1003 (Effective 07/01/97) is amended to read:
25 31A-22-1003 (Effective 07/01/97). Comprehensive coverage.
26 Every insurance policy covering the liability of an employer under Title [
27 Chapter [
28 required to be provided under that chapter. This section does not preclude primary and excess
29 coverage being provided under different contracts.
30 Section 16. Section 31A-22-1009 (Effective 07/01/97) is amended to read:
31 31A-22-1009 (Effective 07/01/97). Other applicable provisions.
1 Workers' compensation insurance contracts are subject to any applicable requirements of
2 Title [
3 Section 17. Section 31A-26-103 (Effective 07/01/97) is amended to read:
4 31A-26-103 (Effective 07/01/97). Workers' compensation claims.
5 In addition to being subject to this and other chapters of this title, insurers writing workers'
6 compensation insurance in this state, including the Workers' Compensation Fund of Utah, are
7 subject to the [
8 and payment of compensation and benefits.
9 Section 18. Section 31A-27-315 (Effective 07/01/97) is amended to read:
10 31A-27-315 (Effective 07/01/97). Notice to creditors and others.
11 (1) (a) The liquidator shall give notice of the liquidation order as soon as possible:
12 (i) by first class mail and either by telegram or telephone to the insurance commissioner
13 of each jurisdiction in which the insurer is licensed to do business;
14 (ii) by first class mail and by telephone to any guaranty fund or association which may
15 become obligated because of the liquidation;
16 (iii) by first class mail and by telephone to the [
17 Commission of this state if the insurer is or has been an insurer of workers' compensation;
18 (iv) by first class mail to all insurance agents and brokers doing business with the insurer;
19 (v) by first class mail to the persons designated in Subsection 31A-2-212(5), if the insurer
20 does a surety business;
21 (vi) by first class mail to the last known address of all persons known or reasonably
22 expected from the insurer's records to have claims against the insurer, including all policyholders;
23 and
24 (vii) by publication under Section 31A-2-303, with the last publication being not less than
25 three months before the earliest deadline specified in the notice under Subsection (2).
26 (b) Notice to policyholders shall include notice of impairment and termination of coverage
27 under Section 31A-27-311. When it is applicable, notice to policyholders shall also include:
28 (i) notice of withdrawal of the insurer from the defense of any case in which the insured
29 is interested; and
30 (ii) information about the existence of any applicable assigned risk plans or residual
31 market facilities and of a guaranty fund under Chapter 28.
1 (c) Within 15 days of the date of entry of the liquidation order, the liquidator shall report
2 to the court what notice has been given. The court may order any additional notice it considers
3 appropriate.
4 (2) Notice to potential claimants under Subsection (1) shall require claimants to file with
5 the liquidator their claims together with proper proofs under Section 31A-27-329, on or before a
6 date the liquidator specifies in the notice, which may not be less than six months nor more than
7 one year after entry of the liquidation order. The liquidator need not require persons claiming
8 unearned premium and persons claiming cash surrender values or other investment values in life
9 insurance and annuities to file a claim. The liquidator may specify different dates for filing the
10 different kinds of claims.
11 (3) If notice is given in accordance with this section, the distribution of the assets of the
12 insurer under this chapter is conclusive with respect to all claimants, whether or not they received
13 actual notice.
14 Section 19. Section 31A-31-107 (Effective 07/01/97) is amended to read:
15 31A-31-107 (Effective 07/01/97). Workers' compensation insurance fraud.
16 In any action involving workers' compensation insurance, Section [
17 supersedes this chapter.
18 Section 20. Section 31A-31-108 (Effective 07/01/97) is amended to read:
19 31A-31-108 (Effective 07/01/97). Assessment of insurers.
20 (1) To implement this chapter, Section [
21 commissioner may assess each admitted insurer and each nonadmitted insurer transacting
22 insurance under Chapter 15, Parts 1 and 2, an annual fee as follows:
23 (a) $50 for an insurer with total premiums for Utah risks of $1,000,000 or less;
24 (b) $175 for an insurer with total premiums for Utah risks of less than $2,500,000 but more
25 than $1,000,000;
26 (c) $375 for an insurer with total premiums for Utah risks of less than $5,000,000 but more
27 than $2,500,000;
28 (d) $750 for an insurer with total premiums for Utah risks of less than $10,000,000 but
29 more than $5,000,000;
30 (e) $3,000 for an insurer with total premiums for Utah risks of less than $50,000,000 but
31 more than $10,000,000; and
1 (f) $7,500 for an insurer with total premiums for Utah risks of $50,000,000 or more.
2 (2) All money received by the state under this section shall be deposited in the General
3 Fund as a nonlapsing dedicated credit of the Insurance Department for the purpose of providing
4 funds to pay for any costs and expenses incurred by the Insurance Department in the
5 administration, investigation, and enforcement of this chapter, Section [
6 and Section 76-6-521.
7 (3) As used in this section, "Utah risks" means insurance coverage on the lives, health, or
8 against the liability of persons residing in Utah, or on property located in Utah, other than property
9 temporarily in transit through Utah.
10 Section 21. Section 31A-33-102 (Effective 07/01/97) is amended to read:
11 31A-33-102 (Effective 07/01/97). Establishment of the Workers' Compensation Fund
12 and the Injury Fund.
13 (1) (a) There is created a nonprofit, quasi-public corporation to be known as the Workers'
14 Compensation Fund of Utah.
15 (b) The purpose of the fund is to:
16 (i) insure Utah employers against liability for compensation based on job-related
17 accidental injuries and occupational diseases; and
18 (ii) assure payment of this compensation to Utah employees who are entitled to it under
19 Title [
20 Disease Act.
21 (2) (a) There is created an Injury Fund, which shall be maintained by the Workers'
22 Compensation Fund.
23 (b) The Injury Fund shall consist of all assets acquired from premiums and penalties paid
24 into the Injury Fund and interest and dividends earned on those assets.
25 (c) The Injury Fund is the sole source of monies to:
26 (i) pay losses sustained on account of the insurance provided; and
27 (ii) pay salaries and other expenses of the Workers' Compensation Fund in accordance
28 with this chapter.
29 Section 22. Section 31A-33-103.5 is enacted to read:
30 31A-33-103.5. Powers of fund -- Limitations.
31 There is a moratorium until July 1, 1998, on the Workers' Compensation Fund of Utah's
1 authority, if any, to offer health insurance services including medical, surgical, hospital, and other
2 ancillary medical expenses, by any means including directly, through a subsidiary, or through a
3 joint venture.
4 Section 23. Section 31A-33-104 (Effective 07/01/97) is amended to read:
5 31A-33-104 (Effective 07/01/97). Workers' Compensation Fund exempted.
6 (1) The Workers' Compensation Fund is exempt from the provisions of:
7 (a) Title 63, Chapter 2, Government Records Access and Management Act; and
8 (b) Title 63A, Utah Administrative Services Code.
9 (2) The board may specifically exempt the Workers' Compensation Fund from any
10 provisions of:
11 (a) Title 67, Chapter 19, Utah State Personnel Management Act[
12 (b) Title 63, Chapter 56, Utah Procurement Code.
13 (3) The provisions of Title 63, Chapter 46b, Administrative Procedures Act, do not govern
14 the initial determination of any person's eligibility for benefits under Title [
15 2, Workers' Compensation Act, and Title [
16 Act.
17 Section 24. Section 31A-33-108 (Effective 07/01/97) is amended to read:
18 31A-33-108 (Effective 07/01/97). Powers and duties of chief executive officer.
19 (1) The chief executive officer shall:
20 (a) administer all operations of the Workers' Compensation Fund under the direction of
21 the board;
22 (b) recommend to the board any necessary or desirable changes in the workers'
23 compensation law;
24 (c) recommend to the board an annual administrative budget covering the operations of
25 the Workers' Compensation Fund and, upon approval, submit the administrative budget, financial
26 status, and actuarial condition of the fund to the governor and the Legislature for their
27 examination;
28 (d) direct and control all expenditures of the approved budget;
29 (e) from time to time, upon the recommendation of a consulting actuary, recommend to
30 the board rating plans, the amount of deviation, if any, from standard rates, and the amount of
31 dividends, if any, to be returned to policyholders;
1 (f) invest the Injury Fund's assets under the guidance of the board and in accordance with
2 Chapter 18;
3 (g) recommend general policies and procedures to the board to guide the operations of the
4 fund;
5 (h) formulate and administer a system of personnel administration and employee
6 compensation that uses merit principles of personnel management, includes employee benefits and
7 grievance procedures consistent with those applicable to state agencies, and includes inservice
8 training programs;
9 (i) prepare and administer fiscal, payroll, accounting, data processing, and procurement
10 procedures for the operation of the Workers' Compensation Fund;
11 (j) conduct studies of the workers' compensation insurance business, including the
12 preparation of recommendations and reports;
13 (k) develop uniform procedures for the management of the Workers' Compensation Fund;
14 (l) maintain contacts with governmental and other public or private groups having an
15 interest in workers' compensation insurance;
16 (m) within the limitations of the budget, employ necessary staff personnel and consultants,
17 including actuaries, attorneys, medical examiners, adjusters, investment counselors, accountants,
18 and clerical and other assistants to accomplish the purpose of the Workers' Compensation Fund;
19 (n) maintain appropriate levels of property, casualty, and liability insurance as approved
20 by the board to protect the fund, its directors, officers, employees, and assets; and
21 (o) develop self-insurance programs as approved by the board to protect the fund, its
22 directors, officers, employees, and assets to supersede or supplement insurance maintained under
23 Subsection (1)(n).
24 (2) The chief executive officer may:
25 (a) enter into contracts of workers' compensation and occupational disease insurance,
26 which may include employer's liability insurance to cover the exposure of a policyholder to his
27 Utah employees and their dependents for liability claims, including the cost of defense in the event
28 of suit, for claims based upon bodily injury to the policyholder's Utah employees;
29 (b) reinsure any risk or part of any risk;
30 (c) cause to be inspected and audited the payrolls of policyholders or employers applying
31 to the Workers' Compensation Fund for insurance;
1 (d) establish procedures for adjusting claims against the Workers' Compensation Fund that
2 comply with Title [
3 through whom the payments of compensation are to be made;
4 (e) contract with physicians, surgeons, hospitals, and other health care providers for
5 medical and surgical treatment and the care and nursing of injured persons entitled to benefits from
6 the Workers' Compensation Fund;
7 (f) require policyholders to maintain an adequate deposit to provide security for periods
8 of coverage for which premiums have not been paid;
9 (g) contract with self-insured entities for the administration of workers' compensation
10 claims and safety consultation services; and
11 (h) with the approval of the board, adopt the calendar year or any other reporting period
12 to report claims and payments made or reserves established on claims that are necessary to
13 accommodate the reporting requirements of the [
14 Commission, Insurance Commission, State Tax Commission, or National Council on
15 Compensation Insurance.
16 Section 25. Section 31A-33-113 (Effective 07/01/97) is amended to read:
17 31A-33-113 (Effective 07/01/97). Cancellation of policies.
18 The Workers' Compensation Fund may cancel a policy prior to the conclusion of the policy
19 period only:
20 (1) (a) by agreeing to the cancellation with the policyholder; and
21 (b) sending notice of the cancellation to the [
22 Commission;
23 (2) for nonpayment of premium, after 30 days' notice to:
24 (a) the [
25 (b) the policyholder; or
26 (3) for failure on the part of the policyholder to comply with the contractual provisions of
27 the policy, after 30 days' notice to:
28 (a) the [
29 (b) the policyholder.
30 Section 26. Section 31A-33-117 (Effective 07/01/97) is amended to read:
31 31A-33-117 (Effective 07/01/97). Availability of employers' reports.
1 The [
2 annual reports provided for in Section [
3 Compensation Fund, to the same extent [
4 Section 27. Section 32A-14-101 (Effective 07/01/97) is amended to read:
5 32A-14-101 (Effective 07/01/97). Liability for injuries resulting from distribution of
6 alcoholic beverages -- Causes of action -- Statute of limitations -- Employee protections.
7 (1) Any person who directly gives, sells, or otherwise provides liquor, or at a location
8 allowing consumption on the premises, any alcoholic beverage, to the following persons, and by
9 those actions causes the intoxication of that person, is liable for injuries in person, property, or
10 means of support to any third person, or to the spouse, child, or parent of that third person,
11 resulting from the intoxication:
12 (a) any person under the age of 21 years;
13 (b) any person who is apparently under the influence of intoxicating alcoholic beverages
14 or products or drugs;
15 (c) any person whom the person furnishing the alcoholic beverage knew or should have
16 known from the circumstances was under the influence of intoxicating alcoholic beverages or
17 products or drugs; or
18 (d) any person who is a known interdicted person.
19 (2) An employer is liable for the actions of its employees in violation of this chapter.
20 (3) A person who suffers an injury under Subsection (1) has a cause of action against the
21 person who provided the alcoholic beverage in violation of Subsection (1).
22 (4) If a person having rights or liabilities under this chapter dies, the rights or liabilities
23 provided by this chapter survive to or against that person's estate.
24 (5) The total amount of damages that may be awarded to any person pursuant to a cause
25 of action under this chapter that arises after July 1, 1985 is limited to $100,000 and the aggregate
26 amount which may be awarded to all persons injured as a result of one occurrence is limited to
27 $300,000.
28 (6) An action based upon a cause of action under this chapter shall be commenced within
29 two years after the date of the injury.
30 (7) Nothing in this chapter precludes any cause of action or additional recovery against
31 the person causing the injury.
1 (8) (a) A sanction or termination of employment may not be imposed upon any employee
2 of any restaurant, airport lounge, private club, on-premise beer retailer, or any other establishment
3 serving alcoholic beverages as a result of the employee having exercised the employee's
4 independent judgment to refuse to sell alcoholic beverages to any person the employee considers
5 to meet one or more of the conditions described in Subsection (1).
6 (b) Any employer who terminates an employee or imposes sanctions on the employee
7 contrary to this section is considered to have discriminated against that employee and is subject
8 to the conditions and penalties set forth in Title [
9 Act.
10 Section 28. Section 34-20-2 (Effective 07/01/97) is amended to read:
11 34-20-2 (Effective 07/01/97). Definitions.
12 As used in this chapter:
13 (1) "Affecting commerce" means in commerce, or burdening or obstructing commerce
14 or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or
15 obstructing commerce or the free flow of commerce within the state.
16 (2) "Commerce" means trade, traffic, commerce, transportation, or communication within
17 the state [
18 (3) "Election" means a proceeding in which the employees in a collective bargaining unit
19 cast a secret ballot for collective bargaining representatives or for any other purpose specified in
20 this chapter and includes elections conducted by the board or by any tribunal having competent
21 jurisdiction or whose jurisdiction was accepted by the parties.
22 (4) (a) "Employee" includes any employee unless this chapter explicitly states otherwise,
23 and includes an individual whose work has ceased as a consequence of, or in connection with, any
24 current labor dispute or because of any unfair labor practice, and who has not obtained any other
25 regular and substantially equivalent employment.
26 (b) "Employee" does not include an individual employed as an agricultural laborer, or in
27 the domestic service of a family or person at his home, or an individual employed by his parent
28 or spouse.
29 (5) "Employer" includes a person acting in the interest of an employer, directly or
30 indirectly, but does not include:
31 (a) the United States;
1 (b) a state or political subdivision of a state;
2 (c) a person subject to the federal Railway Labor Act;
3 (d) a labor organization, other than when acting as an employer;
4 (e) a corporation or association operating a hospital if no part of the net earnings inures
5 to the benefit of any private shareholder or individual; or
6 (f) anyone acting in the capacity of officer or agent of a labor organization.
7 (6) "Labor dispute" means any controversy between an employer and the majority of his
8 employees in a collective bargaining unit concerning the right or process or details of collective
9 bargaining or the designation of representatives.
10 (7) "Labor organization" means an organization of any kind or any agency or employee
11 representation committee or plan in which employees participate that exists for the purpose, in
12 whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of
13 pay, hours of employment, or conditions of work.
14 (8) "Labor relations board" or "board" means the [
15 Section [
16 (9) "Person" includes an individual, partnership, association, corporation, legal
17 representative, trustee, trustee in bankruptcy, or receiver.
18 (10) "Representative" includes an individual or labor organization.
19 (11) "Secondary boycott" includes combining or conspiring to cause or threaten to cause
20 injury to one with whom no labor dispute exists, whether by:
21 (a) withholding patronage, labor, or other beneficial business intercourse;
22 (b) picketing;
23 (c) refusing to handle, install, use, or work on particular materials, equipment, or supplies;
24 or
25 (d) by any other unlawful means, in order to bring him against his will into a concerted
26 plan to coerce or inflict damage upon another.
27 (12) "Unfair labor practice" means any unfair labor practice listed in Section 34-20-8.
28 Section 29. Section 34-20-3 (Effective 07/01/97) is amended to read:
29 34-20-3 (Effective 07/01/97). Labor relations board.
30 [
31 (1) (a) There is created the Labor Relations Board consisting of the following:
1 (i) the commissioner of the Labor Commission;
2 (ii) two members appointed by the governor with the advice and consent of the Senate
3 consisting of:
4 (A) a representative of employers, in making this appointment the governor shall consider
5 nominations from employer organizations; and
6 (B) a representative of employees, in making this appointment the governor shall consider
7 nominations from employee organizations.
8 (b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed under
9 Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed member
10 to a four-year term.
11 (ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the
12 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
13 members appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every
14 two years.
15 (c) The commissioner shall serve as chair of the board.
16 (d) A vacancy occurring on the board for any cause of the members appointed under
17 Subsection (1)(a)(ii) shall be filled by the governor with the advice and consent of the Senate
18 pursuant to this section for the unexpired term of the vacating member.
19 (e) The governor may at any time remove a member appointed under Subsection (1)(a)(ii)
20 but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for cause upon
21 a hearing.
22 (f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any other
23 office in the government of the United States, this state or any other state, or of any county
24 government or municipal corporation within a state.
25 (g) (i) (A) A member appointed under Subsection (1)(a)(ii) may not receive compensation
26 for the member's services, but may receive per diem and expenses incurred in the performance of
27 the member's official duties at the rates established by the Division of Finance under Sections
28 63A-3-106 and 63A-3-107.
29 (B) A member appointed under Subsection (1)(a)(ii) may decline to receive per diem and
30 expenses for the member's service.
31 (ii) The commissioner may not receive additional compensation, per diem, or expenses
1 from the commissioner's service on the board that is in addition to the monies received as
2 commissioner.
3 (2) A meeting of the board may be called:
4 (a) by the chair; or
5 (b) jointly by the members appointed under Subsection (1)(a)(ii).
6 (3) The chair may provide staff and administrative support as necessary from the Labor
7 Commission.
8 [
9 exercise all the powers of the board, and two members of the board shall at all times constitute a
10 quorum.
11 (5) The board shall have an official seal which shall be judicially noticed.
12 [
13 Legislature and to the governor stating in detail:
14 (a) the cases it has heard[
15 (b) the decisions it has rendered[
16 (c) the names, salaries, and duties of all employees and officers in the employ or under the
17 supervision of the board[
18 (d) an account of all moneys it has disbursed.
19 Section 30. Section 34-20-4 is amended to read:
20 34-20-4. Labor relations board -- Employees -- Agencies -- Expenses.
21 (1) The board may employ an executive secretary, attorneys, examiners, and may employ
22 such other employees with regard to existing laws applicable to the employment and compensation
23 of officers and employees of the state as it may from time to time find necessary for the proper
24 performance of its duties. The board may establish or utilize such regional, local, or other agencies,
25 and utilize such voluntary and uncompensated services, as may from time to time be needed.
26 Attorneys employed under this section may, at the direction of the board, appear for and represent
27 the board in any case in court. Nothing in this act shall be construed to authorize the board to
28 employ individuals for the purpose of conciliation or mediation (or for statistical work) where and
29 if such service may be obtained from the [
30 (2) All of the expenses of the board, including the necessary traveling expenses, incurred
31 by the members or employees of the board under its orders, shall be allowed and paid on the
1 presentation of itemized vouchers therefor approved by the board or by any individual it designates
2 for the purpose.
3 Section 31. Section 34-20-10 is amended to read:
4 34-20-10. Unfair labor practices -- Powers of board to prevent -- Procedure.
5 (1) (a) The board may prevent any person from engaging in any unfair labor practice, as
6 listed in Section 34-20-8, affecting intrastate commerce or the orderly operation of industry.
7 (b) This authority is exclusive and is not affected by any other means of adjustment or
8 prevention that has been or may be established by agreement, code, law, or otherwise.
9 (2) The [
10 of Title 63, Chapter 46b, in its adjudicative proceedings.
11 (3) When it is charged that any person has engaged in or is engaged in any unfair labor
12 practice, the board, or any agent or agency designated by the board, may issue and serve a notice
13 of agency action on that person.
14 (4) (a) If, upon all the testimony taken, the board finds that any person named in the
15 complaint has engaged in or is engaging in an unfair labor practice, the board shall state its
16 findings of fact and shall issue and serve on the person an order to cease and desist from the unfair
17 labor practice and to take other affirmative action designated by the commission, including
18 reinstatement of employees with or without back pay, to effectuate the policies of this chapter.
19 (b) The order may require the person to make periodic reports showing the extent to which
20 it has complied with the order.
21 (c) If, upon all the testimony taken, the board determines that no person named in the
22 complaint has engaged in or is engaging in any unfair labor practice, the board shall state its
23 findings of fact and shall issue an order dismissing the complaint.
24 (5) (a) The board may petition the district court to enforce the order and for appropriate
25 temporary relief or for a restraining order.
26 (b) The board shall certify and file in the court:
27 (i) a transcript of the entire record in the proceeding;
28 (ii) the pleadings and testimony upon which the order was entered; and
29 (iii) the findings and order of the board.
30 (c) When the petition is filed, the board shall serve notice on all parties to the action.
31 (d) Upon filing of the petition, the court has jurisdiction of the proceeding and of the
1 question to be determined.
2 (e) The court may grant temporary relief or a restraining order, and, based upon the
3 pleadings, testimony, and proceedings set forth in the transcript, order that the board's order be
4 enforced, modified, or set aside in whole or in part.
5 (f) The court may not consider any objection that was not presented before the board, its
6 member, agent, or agency, unless the failure or neglect to urge the objection is excused because
7 of extraordinary circumstances.
8 (g) The board's findings of fact, if supported by evidence, are conclusive.
9 (h) (i) If either party applies to the court for leave to adduce additional evidence, and
10 shows to the satisfaction of the court that the additional evidence is material and that there were
11 reasonable grounds for the failure to adduce the evidence in the hearing before the board, its
12 member, agent, or agency, the court may order additional evidence to be taken before the board,
13 its member, agent, or agency, and to be made part of the transcript.
14 (ii) The board may modify its findings as to the facts, or make new findings, because of
15 the additional evidence taken and filed.
16 (iii) The board shall file the modified or new findings, which, if supported by evidence,
17 are conclusive, and shall file its recommendations, if any, for the modification or setting aside of
18 its original order.
19 Section 32. Section 34-21-2 (Effective 07/01/97) is amended to read:
20 34-21-2 (Effective 07/01/97). Eight-hour day -- Smelters, mines, and related
21 industries -- Exceptions.
22 (1) (a) The work period of workers in smelters and all other institutions for the reduction
23 or refining of ores or metals may not exceed eight hours per day. The work period of workers in
24 all underground mines or workings may not exceed eight hours per day, except in cases of
25 emergency where life or property is in imminent danger. Workers on underground hoists or
26 pumps that are in continuous operation may not be underground more than eight hours and 30
27 minutes per day.
28 (b) The work period for underground mines and workings is computed from the time
29 workers go underground until they return to the surface.
30 (2) The [
31 Commission may certify in writing to an employer that a longer work period does not violate
1 Subsection (1) if, after interested parties have had an opportunity to present evidence, the [
2
3 is not detrimental to the life, health, safety, and welfare of workers.
4 (3) It is a class B misdemeanor for an employer to violate this section.
5 Section 33. Section 34-23-103 (Effective 07/01/97) is amended to read:
6 34-23-103 (Effective 07/01/97). Definitions.
7 As used in this chapter:
8 (1) "Casual work" is employment on an incidental, occasional, or nonregular basis which
9 is not considered full-time or routine.
10 (2) "[
11 Commission.
12 (3) "Division" means the Division of Antidiscrimination and Labor[
13
14 (4) "Hazardous occupation" is any occupation defined as hazardous by the United States
15 Department of Labor under 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act.
16 (5) "Minor" is a person under the age of 18 years.
17 Section 34. Section 34-23-104 (Effective 07/01/97) is amended to read:
18 34-23-104 (Effective 07/01/97). Duty of commission to establish hours and conditions
19 -- Promulgation of rules.
20 (1) The [
21 of labor and employment for any occupation in which minors are employed.
22 (2) The [
23 accordance with Title 63, Chapter 46a, [
24 Section 35. Section 34-23-301 (Effective 07/01/97) is amended to read:
25 34-23-301 (Effective 07/01/97). Minimum hourly wages.
26 The [
27 is an established minimum hourly wage for adults, the minimum hourly wages for minors may be
28 established at a lesser amount.
29 Section 36. Section 34-23-302 (Effective 07/01/97) is amended to read:
30 34-23-302 (Effective 07/01/97). Criminal penalty -- Enforcement.
31 (1) (a) Repeated violation of Section 34-23-301 is a class B misdemeanor.
1 (b) "Repeated violation" does not include separate violations as to individual employees
2 arising out of the same investigation or enforcement action.
3 (2) Upon the third violation of Section 34-23-301 by the same employer within a
4 three-year period, the [
5 the state.
6 (3) The county attorney, district attorney, or attorney general shall provide assistance in
7 prosecutions under this section at the request of the [
8 Section 37. Section 34-23-402 (Effective 07/01/97) is amended to read:
9 34-23-402 (Effective 07/01/97). Violation -- Criminal penalty.
10 (1) The [
11 name of the state. The county attorney, district attorney, or attorney general shall provide
12 assistance in prosecutions under this section at the request of the [
13 (2) It is a class B misdemeanor for a person, whether individually or as an officer, agent,
14 or employee of any person, firm, or corporation to:
15 (a) knowingly employ a minor or permit a minor to work in a repeated violation of this
16 chapter;
17 (b) refuse or knowingly neglect to furnish to the [
18 information requested by the [
19 (c) refuse access to [
20 commission or its authorized representative when access has been requested in conjunction with
21 an investigation related to this section;
22 (d) hinder the [
23 any information authorized by this section;
24 (e) refuse or knowingly omit or neglect to keep any of the records required by this chapter;
25 (f) knowingly make any false statement, representation, or certification in any application,
26 record, report, plan, or other document filed or required to be maintained under this chapter;
27 (g) discharge an employee or threaten to or retaliate against an employee because:
28 (i) the employee has testified;
29 (ii) is about to testify; or
30 (iii) [
31 or proceedings relative to the enforcement of this chapter; and
1 (h) willfully violate any rule or order issued under this chapter.
2 (3) This section does not apply to violations of Section 34-23-301.
3 Section 38. Section 34-28-2 (Effective 07/01/97) is amended to read:
4 34-28-2 (Effective 07/01/97). Definitions.
5 As used in this chapter:
6 (1) "[
7 Commission.
8 (2) "Division" means the Division of Antidiscrimination and Labor[
9
10 (3) "Employer" includes every person, firm, partnership, association, corporation, receiver
11 or other officer of a court of this state, and any agent or officer of any of the above-mentioned
12 classes, employing any person in this state.
13 (4) "Wages" means all amounts due the employee for labor or services, whether the
14 amount is fixed or ascertained on a time, task, piece, commission basis or other method of
15 calculating such amount.
16 Section 39. Section 34-28-9 (Effective 07/01/97) is amended to read:
17 34-28-9 (Effective 07/01/97). Enforcement of chapter -- Rulemaking authority.
18 (1) (a) The division shall:
19 (i) ensure compliance with this chapter;
20 (ii) investigate any alleged violations of this chapter; and
21 (iii) determine the validity of any claim for any violation of this chapter filed with it by
22 an employee.
23 (b) The [
24 wage claims and payment of wages.
25 (c) The minimum wage claim that the division may accept is $50.
26 (d) The maximum wage claim that the division may accept is $10,000.
27 (e) The wage claim shall be filed within one year of the date the wages were earned.
28 (2) (a) The division may assess against an employer who fails to pay an employee in
29 accordance with this chapter, a penalty of 5% of the unpaid wages owing to the employee which
30 shall be assessed daily until paid for a period not to exceed 20 days.
31 (b) The division shall:
1 (i) retain 50% of the money received from the penalty payments for the costs of
2 administering this chapter[
3 (ii) pay all the sums [
4 treasurer[
5 (iii) pay the 50% [
6 (3) (a) An abstract of any final award may be filed in the office of the clerk of the district
7 court of any county in the state. If so filed, it shall be docketed in the judgment docket of that
8 district court.
9 (b) The time of the receipt of the abstract shall be noted by the clerk and entered in the
10 judgment docket.
11 (c) If filed and docketed, the award constitutes a lien from the time of the docketing upon
12 the real property of the employer situated in the county for a period of eight years from the date
13 of the award unless previously satisfied.
14 (d) Execution may be issued on the award within the same time and in the same manner
15 and with the same effect as if the award were a judgment of the district court.
16 (4) (a) The [
17 request the attorney general, or the county attorney for the county in which the plaintiff or the
18 defendant resides, depending on the district in which the final award is docketed, to represent the
19 [
20 (b) The counsel employed by the [
21 county representing the [
22 (i) reasonable attorneys' fees, as specified by the [
23 (ii) costs for:
24 [
25 [
26 (5) (a) The [
27 department or corresponding agency of any other state or with the person, board, officer, or
28 commission authorized to act on behalf of that department or agency, for the collection in any
29 other state of claims or judgments for wages and other demands based upon claims previously
30 assigned to the [
31 (b) The [
1 entered into under [
2 actions in the courts of the other states for the collection of any claims for wages, judgments, and
3 other demands and may assign the claims, judgments, and demands to the labor department or
4 agency of any other state for collection to the extent that may be permitted or provided by the laws
5 of that state or by reciprocal agreement.
6 (c) The [
7
8
9 actions in the courts of this state upon assigned claims for wages, judgments, and demands arising
10 in any other state in the same manner and to the same extent that the actions by the [
11 commission are authorized when arising in this state[
12
13 (i) the labor department or other corresponding agency of any other state or of any person,
14 board, officer, or commission of that state authorized to act on behalf of the labor department or
15 corresponding agency requests in writing that the commission commence and maintain the action;
16 and
17 (ii) the other state by legislation or reciprocal agreement [
18 comity to this state.
19 Section 40. Section 34-28-10 (Effective 07/01/97) is amended to read:
20 34-28-10 (Effective 07/01/97). Employers' records -- Inspection by division.
21 (1) (a) Every employer shall keep a true and accurate record of time worked and wages
22 paid each pay period to each employee who is employed on an hourly or a daily basis in the form
23 required by the [
24 (b) The employer shall keep the records on file for at least one year after the entry of the
25 record.
26 (2) The director of the division or the director's designee may enter any place of
27 employment during business hours to inspect the records and to ensure compliance with this
28 section.
29 (3) Any effort of any employer to obstruct the [
30 performance of its duties is considered to be a violation of this chapter and may be punished as any
31 other violation of this chapter.
1 Section 41. Section 34-28-19 (Effective 07/01/97) is amended to read:
2 34-28-19 (Effective 07/01/97). Retaliation prohibited -- Cease and desist orders --
3 Resolution.
4 (1) An employer [
5 threatens to[
6 (a) the employee has filed a complaint or testified [
7 enforcement of this chapter;
8 (b) is about to file a complaint or testify[
9 this chapter; or [
10 (c) the employer believes that the employee may file a complaint or testify in any
11 proceeding relative to the enforcement of this chapter[
12 (2) If a violation has been determined, the division shall:
13 (a) require the employer to cease and desist any retaliatory action; and
14 (b) reach a resolution with the parties which shall not exceed reimbursement for, and
15 payment of, lost wages and benefits to the employee.
16 (3) Failure to reach a resolution in accordance with Subsection (2) shall result in a full
17 hearing before an administrative law judge in the Division of Adjudication. The decision of the
18 administrative law judge may be appealed to the [
19 accordance with Title [
20 (4) The [
21 Section 42. Section 34-29-10 (Effective 07/01/97) is amended to read:
22 34-29-10 (Effective 07/01/97). Schedule of fees -- Fee limitations.
23 (1) (a) Every private employment agency shall file with the Division of [
24
25 Workforce Services a schedule of fees to be charged and collected in the conduct of its business.
26 (b) The agency shall post the schedule in a conspicuous place in the agency.
27 (c) The agency may make changes in the schedule, but [
28 seven days after the date the amended schedule is refiled with the Division of [
29
30 (d) The agency may not charge or collect any fee that is greater than the fees scheduled
31 and in force at the time the contract for employment is issued.
1 (2) The Department of Workforce Services may enact rules to enforce and administer this
2 section.
3 (3) When controversies arise under this section, the parties shall file a request for agency
4 action with the Division of Adjudication in the Department of Workforce Services.
5 (4) [
6 actually earned in the employment during the first 30 days, if the employment was ended during
7 such 30-day period.
8 Section 43. Section 34-29-21 (Effective 07/01/97) is amended to read:
9 34-29-21 (Effective 07/01/97). Approval of licensees by division.
10 [
11 employment office unless the applicant is licensed to establish and operate the same by the
12 Division of [
13 Services in the Department of Workforce Services.
14 Section 44. Section 34-36-2 (Effective 07/01/97) is amended to read:
15 34-36-2 (Effective 07/01/97). Motor vehicles of employers -- Rules.
16 (1) The [
17 reasonable rules relating to motor vehicles used to transport workers to and from their places of
18 employment. These rules shall be embodied in a safety code and shall establish minimum
19 standards.
20 (2) (a) A person who is an employee of an electrical corporation, a gas corporation, or a
21 telephone corporation, as these corporations are defined in Section 54-2-1, is exempt from any
22 hours of service rules and regulations for drivers while operating a public utility vehicle within the
23 state during the emergency restoration of public utility service.
24 (b) As used in [
25 jeopardizes life or property, or that endangers public health and safety.
26 Section 45. Section 34-38-14 (Effective 07/01/97) is amended to read:
27 34-38-14 (Effective 07/01/97). Employee not "handicapped."
28 An employee or prospective employee whose drug or alcohol test results are verified or
29 confirmed as positive in accordance with the provisions of this chapter [
30 of those results alone, be defined as a person with a "handicap" for purposes of Title [
31 Chapter 5, Utah Antidiscrimination Act.
1 Section 46. Section 34-40-102 (Effective 07/01/97) is amended to read:
2 34-40-102 (Effective 07/01/97). Definitions.
3 (1) This chapter and the terms used in it, including the computation of wages, shall be
4 interpreted consistently with 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act of 1938,
5 as amended, to the extent that act relates to the payment of a minimum wage.
6 (2) As used in this chapter:
7 (a) "[
8 Commission.
9 (b) "Division" means the Division of Antidiscrimination and Labor[
10
11 (c) "Minimum wage" means the state minimum hourly wage for adult employees as
12 established under this chapter, unless the context clearly indicates otherwise.
13 Section 47. Section 34-40-103 (Effective 07/01/97) is amended to read:
14 34-40-103 (Effective 07/01/97). Minimum wage -- Commission to review, modify
15 minimum wage.
16 (1) (a) The minimum wage for all private and public employees within the state shall be
17 $3.35 per hour.
18 (b) Effective April 1, 1990, the minimum wage shall be $3.80 per hour.
19 (2) (a) [
20 establish the minimum wage or wages as provided in this chapter [
21 employees in public and private employment within the state.
22 (b) The minimum wage, as established by the [
23 the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards
24 Act of 1938, as amended, in effect at the time of implementation of this section.
25 (c) The [
26 (i) may review the minimum wage at any time;
27 (ii) shall review the minimum wage at least every three years; and
28 (iii) shall review the minimum wage whenever the federal minimum wage is changed.
29 (3) The [
30 minors.
31 Section 48. Section 34-40-104 (Effective 07/01/97) is amended to read:
1 34-40-104 (Effective 07/01/97). Exemptions.
2 (1) The minimum wage established in this chapter does not apply to:
3 (a) any employee who is entitled to a minimum wage as provided in 29 U.S.C. Sec. 201
4 et seq., the Fair Labor Standards Act of 1938, as amended[
5
6 [
7 [
8 [
9 to care for themselves;
10 [
11 [
12 programs, and nonprofit educational and charitable organizations registered under Title 13,
13 Chapter 22, [
14 [
15 [
16 [
17 (i) is principally engaged in the range production of livestock;
18 (ii) is employed as a harvest laborer and is paid on a piece rate basis in an operation that
19 has been and is generally recognized by custom as having been paid on a piece rate basis in the
20 region of employment;
21 (iii) was employed in agriculture less than 13 weeks during the preceding calendar year;
22 or
23 (iv) is a retired or semiretired person performing part-time or incidental work as a
24 condition of [
25 [
26 they are enrolled; or
27 [
28 with permanent structures and facilities [
29
30 end-of-season bonus, or other forms of pay is sufficient to cause the average hourly rate of total
31 compensation for the season of seasonal hourly employees who continue to work to the end of the
1 operating season to equal the applicable minimum wage if the seasonal amusement establishment:
2 (i) does not operate for more than seven months in any calendar year; or
3 (ii) during the preceding calendar year its average receipts for any six months of such year
4 were not more than 33-1/3% of its average receipts for the other six months of such year.
5 (2) Handicapped individuals whose earnings or productive capacities are impaired by age,
6 physical or mental deficiencies, or injury may be employed at wages [
7 the minimum wage, provided the wage is related to the employee's productivity. The [
8 commission may establish and regulate the wages paid or wage scales for [
9 individuals.
10 (3) The [
11 learners not to exceed the first 160 hours of employment.
12 (4) Employees tipped may be paid not less than 55% of the minimum wage when the
13 balance received from tips, either directly or by pooling of tip receipts, is sufficient to bring the
14 employee to the minimum wage. Employees shall retain all tips except to the extent that they
15 participate in a bona fide tip pooling or sharing arrangement with other tipped employees. The
16 [
17 review of the minimum wage, under Section 34-40-103.
18 Section 49. Section 34-40-105 (Effective 07/01/97) is amended to read:
19 34-40-105 (Effective 07/01/97). Grant of rulemaking authority.
20 In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
21 [
22 Section 50. Section 34-40-204 (Effective 07/01/97) is amended to read:
23 34-40-204 (Effective 07/01/97). Criminal penalty -- Enforcement.
24 (1) (a) Repeated violation of this chapter is a class B misdemeanor.
25 (b) "Repeated violations" does not include separate violations as to individual employees
26 arising out of the same investigation or enforcement action.
27 (2) Upon the third violation by the same employer within a three-year period, the
28 [
29 (3) The county attorney, district attorney, or attorney general shall provide assistance in
30 prosecutions under this section at the request of the [
31 Section 51. Section 34-41-106 (Effective 07/01/97) is amended to read:
1 34-41-106 (Effective 07/01/97). Employee not disabled.
2 An employee, volunteer, prospective employee, or prospective volunteer whose drug test
3 results are verified or confirmed as positive in accordance with the provisions of this chapter shall
4 not, by virtue of those results alone, be defined as disabled for purposes of:
5 (1) Title [
6 (2) the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213.
7 Section 52. Section 34A-1-101 is enacted to read:
8
9
10
11 34A-1-101. Title.
12 (1) This title is known as the "Utah Labor Code."
13 (2) This chapter is known as the "Labor Commission Act."
14 Section 53. Section 34A-1-102 is enacted to read:
15 34A-1-102. Definitions.
16 Unless otherwise specified, as used in this title:
17 (1) "Commission" means the Labor Commission created in Section 34A-1-103.
18 (2) "Commissioner" means the commissioner of the commission appointed under Section
19 34A-1-201.
20 Section 54. Section 34A-1-103 is enacted to read:
21 34A-1-103. Labor Commission - Creation.
22 (1) There is created the Labor Commission, that has all of the policymaking functions,
23 regulatory and enforcement powers, rights, duties, and responsibilities outlined in:
24 (a) this title; and
25 (b) unless otherwise specified, Title 34, Labor in General.
26 (2) The commission may sue and be sued.
27 (3) (a) The commission shall have an official seal for the authentication of its orders. A
28 description and impression of the seal shall be filed with the Division of Archives.
29 (b) A court in this state shall take judicial notice of the seal of the commission.
30 Section 55. Section 34A-1-104 is enacted to read:
31 34A-1-104. Commission authority.
1 Within all other authority or responsibility granted to it by law, the commission may:
2 (1) adopt rules when authorized by this title, or Title 34, Labor in General, in accordance
3 with the procedures of Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
4 (2) conduct adjudicative proceedings in accordance with the procedures of Title 63,
5 Chapter 46b, Administrative Procedures Act;
6 (3) license agencies in accordance with this title or Title 34, Labor in General;
7 (4) employ and determine the compensation of clerical, legal, technical, investigative, and
8 other employees necessary to carry out its policymaking, regulatory, and enforcement powers,
9 rights, duties, and responsibilities under this title or Title 34, Labor in General;
10 (5) administer and enforce all laws for the protection of the life, health, and safety, of
11 employees;
12 (6) ascertain and fix reasonable standards, and prescribe, modify, and enforce reasonable
13 orders, for the adoption of safety devices, safeguards, and other means or methods of protection,
14 to be as nearly uniform as possible, as necessary to carry out all laws and lawful orders relative to
15 the protection of the life, health, and safety, of employees in employment and places of
16 employment;
17 (7) ascertain, fix, and order reasonable standards for the construction, repair, and
18 maintenance of places of employment as shall make them safe;
19 (8) investigate, ascertain, and determine reasonable classifications of persons,
20 employments, and places of employment as necessary to carry out the purposes of this title or Title
21 34, Labor in General;
22 (9) promote the voluntary arbitration, mediation, and conciliation of disputes between
23 employers and employees;
24 (10) ascertain and adopt reasonable standards and rules, prescribe and enforce reasonable
25 orders, and take other actions appropriate for the protection of life, health, and safety of all persons
26 with respect to all prospects, tunnels, pits, banks, open cut workings, quarries, strip mine
27 operations, ore mills, and surface operations or any other mining operation, whether or not the
28 relationship of employer and employee exists, but the commission may not assume jurisdiction
29 or authority over adopted standards and regulations or perform any mining inspection or
30 enforcement of mining rules and regulations so long as Utah's mining operations are governed by
31 federal regulations;
1 (11) develop processes to ensure that the commission responds to the full range of
2 employee and employer clients; and
3 (12) carry out the responsibilities assigned to it by statute.
4 Section 56. Section 34A-1-105 is enacted to read:
5 34A-1-105. Commission budget -- Reports from divisions.
6 (1) The commission shall prepare and submit to the governor for inclusion in the
7 governor's budget to be submitted to the Legislature, a budget of the commission's financial
8 requirements needed to carry out its responsibilities as provided by law during the fiscal year
9 following the Legislature's next annual general session.
10 (2) The commissioner shall require a report from each of the divisions and offices of the
11 commission, to aid in preparation of the commission budget.
12 Section 57. Section 34A-1-106 is enacted to read:
13 34A-1-106. Fees.
14 (1) Unless otherwise provided by statute, the commission may adopt a schedule of fees
15 assessed for services provided by the commission by following the procedures and requirements
16 of Section 63-38-3.2.
17 (2) The commission shall submit each fee established under this section to the Legislature
18 for its approval as part of the commission's annual appropriations request.
19 Section 58. Section 34A-1-201 is enacted to read:
20
21 34A-1-201. Commissioner -- Appointment -- Removal -- Compensation --
22 Qualifications -- Responsibilities -- Deputy directors -- Reports.
23 (1) (a) The chief administrative officer of the commission is the commissioner, who shall
24 be appointed by the governor with the advice and consent of the Senate.
25 (b) The commissioner shall serve at the pleasure of the governor.
26 (c) The commissioner shall receive a salary established by the governor within the salary
27 range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
28 (d) The commissioner shall be experienced in administration, management, and
29 coordination of complex organizations.
30 (2) (a) The commissioner shall serve full-time.
31 (b) (i) Except as provided in Subsection (2)(b)(ii), the commissioner may not:
1 (A) hold any other office of this state, another state, or the federal government except in
2 an ex officio capacity; or
3 (B) serve on any committee of any political party.
4 (ii) Notwithstanding Subsection (2)(b)(i), the commissioner may:
5 (A) hold a nominal position or title if it is required by law as a condition for the state
6 participating in an appropriation or allotment of any money, property, or service that may be made
7 or allotted for the commission; or
8 (B) serve as the chief administrative officer of any division, office, or bureau that is
9 established within the commission.
10 (iii) If the commissioner holds a position as permitted under Subsection (2)(b)(ii), the
11 commissioner may not be paid any additional compensation for holding the position.
12 (3) (a) Before beginning the duties as a commissioner, an appointed commissioner shall:
13 (i) take and subscribe the constitutional oath of office, and file the oath with the Division
14 of Archives; and
15 (ii) give a corporate surety bond in the amount in form determined by the Division of
16 Finance.
17 (b) An employee of the commission receiving or disbursing funds of the state shall give
18 corporate surety determined by the Division of Finance.
19 (c) The bond premiums for bonds required under this Subsection (3) shall be paid by the
20 state.
21 (4) The commissioner shall:
22 (a) administer and supervise the commission in compliance with Title 67, Chapter 19,
23 Utah State Personnel Management Act;
24 (b) approve the proposed budget of each division and the Appeals Board;
25 (c) approve all applications for federal grants or assistance in support of any commission
26 program; and
27 (d) fulfill such other duties as assigned by the Legislature or as assigned by the governor
28 that are not inconsistent with this title or Title 34, Labor in General.
29 (5) (a) The commissioner shall report annually to the Legislature and the governor
30 concerning the operations of the commission and the programs that the commission administers.
31 (b) If federal law requires that a report to the governor or Legislature be given concerning
1 the commission or a program administered by the commission, the commissioner or the
2 commissioner's designee shall make that report.
3 Section 59. Section 34A-1-202 is enacted to read:
4 34A-1-202. Divisions -- Creation -- Duties -- Appeals Board, councils, and regional
5 services areas.
6 (1) There is created within the commission the following divisions:
7 (a) the Division of Industrial Accidents that shall administer the regulatory requirements
8 of this title concerning industrial accidents and occupational disease;
9 (b) the Division of Occupational Safety and Health that shall administer the regulatory
10 requirements of Chapter 6, Utah Occupational Safety and Health Act;
11 (c) the Division of Safety that shall administer the regulatory requirements of:
12 (i) Chapter 7, Safety; and
13 (ii) Title 40, Chapter 2, Coal Mines;
14 (d) the Division of Antidiscrimination and Labor that shall administer the regulatory
15 requirements of:
16 (i) Chapter 5, Utah Antidiscrimination Act;
17 (ii) Title 34A, Utah Labor Code, when specified by statute; and
18 (iii) Title 57, Chapter 21, Utah Fair Housing Act; and
19 (e) the Division of Adjudication that shall adjudicate claims or actions brought under this
20 title.
21 (2) In addition to the divisions created under this section, within the commission are the
22 following:
23 (a) the Labor Relations Board created in Section 34-20-3;
24 (b) the Appeals Board created in Section 34A-1-205;
25 (c) the following program advisory councils:
26 (i) the workers' compensation advisory council created in Section 34A-2-107;
27 (ii) the antidiscrimination advisory council created in Section 34A-5-105; and
28 (iii) the occupational safety and health advisory council created in Section 34A-6-106; and
29 (d) the mining certification panel created in Section 40-2-14.
30 (3) In addition to the responsibilities described in this section, the commissioner may
31 assign to a division a responsibility granted to the commission by law.
1 Section 60. Section 34A-1-203 is enacted to read:
2 34A-1-203. Commissioner -- Jurisdiction over division and regional directors --
3 Authority.
4 (1) The commissioner has administrative jurisdiction over each division.
5 (2) To effectuate greater efficiency and economy in the operations of the commission, the
6 commissioner may:
7 (a) make changes in personnel and service functions in the divisions under the
8 commissioner's administrative jurisdiction; and
9 (b) authorize designees to perform appropriate responsibilities.
10 (3) To facilitate management of the commission, the commissioner may establish offices
11 necessary to implement this title or to perform functions such as budgeting, planning, data
12 processing, and personnel administration.
13 Section 61. Section 34A-1-204 is enacted to read:
14 34A-1-204. Division directors -- Appointment -- Compensation -- Qualifications.
15 (1) The chief officer of each division within the commission shall be a director, who shall
16 serve as the executive and administrative head of the division.
17 (2) A director shall be appointed by the commissioner with the concurrence of the
18 governor and may be removed from that position at the will of the commissioner.
19 (3) A director of a division shall receive compensation as provided by Title 67, Chapter
20 19, Utah State Personnel Management Act.
21 (4) (a) A director of a division shall be experienced in administration and possess such
22 additional qualifications as determined by the commissioner.
23 (b) In addition to the requirements imposed under Subsection (4)(a), the director of the
24 Division of Adjudication shall be admitted to the practice of law in this state.
25 Section 62. Section 34A-1-205 is enacted to read:
26 34A-1-205. Appeals Board -- Chair -- Panels -- Appointment -- Compensation --
27 Qualifications.
28 (1) (a) There is created the Appeals Board within the commission consisting of the
29 following impartial members:
30 (i) the commissioner or the commissioner's designee; and
31 (ii) two groups consisting of at least 6 individuals appointed by the governor as follows:
1 (A) a group to serve as employee representatives, in making these appointments the
2 governor shall consider nominations from employer organizations; and
3 (B) a group to serve as employer representatives, in making these appointments the
4 governor shall consider nominations from employee organizations.
5 (b) (i) Except as provided in Subsection (1)(b)(ii), as terms of individuals appointed to the
6 groups under Subsection (1)(a) expire, the governor shall appoint each new member or reappointed
7 member to a four-year term.
8 (ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the
9 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
10 members are staggered so that approximately on half of a group is appointed every two years.
11 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
12 appointed for the unexpired term. A member of the board shall hold office until a successor is
13 appointed and has qualified.
14 (d) The governor may remove a member of the board only for inefficiency, neglect of
15 duty, malfeasance or misfeasance in office, or other good and sufficient cause.
16 (2) (a) A member of the board may not receive compensation for the member's services,
17 but may receive per diem and expenses incurred in the performance of the member's official duties
18 at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
19 (b) A member may decline to receive per diem and expenses for the member's service.
20 (3) The commissioner shall serve as chair of the board.
21 (4) The commission shall provide the Appeals Board necessary staff support.
22 (5) The Division of Adjudication shall ensure that an individual appointed under this
23 section is trained in the procedures for appeal and the substantive provisions of this title.
24 (6) (a) The Appeals Board shall hear and decide appeals from the decision of an
25 administrative law judge in panels consisting of:
26 (i) the commissioner or the commissioner's designee, as chair of the panel;
27 (ii) an employer representative from the board selected in accordance with this section;
28 and
29 (iii) an employee representative from the board selected in accordance with this section.
30 (b) No more than two members of a panel may belong to the same political party.
31 (7) If an appeal is to be heard by the Appeals Board under Section 34A-1-303, the Division
1 of Adjudication shall:
2 (a) select the employer representative and employee representative that shall serve on the
3 appeal panel; and
4 (b) notify each party entitled to a notice of the decision of the administrative law judge of
5 the members of the appeal panel.
6 (8) (a) The appeal panel selected under Subsection (7) shall hear and decide the appeal
7 unless the commissioner modifies the panel in accordance with Subsection (8)(b).
8 (b) The commissioner may modify the panel:
9 (i) at any time at the commissioner's discretion; or
10 (ii) if, within ten days of the day the party received notice of the membership of the panel,
11 a party objects to a member of the appeal panel other than the commissioner or the commissioner's
12 designee due to a conflict of interest.
13 (9) At the request of the chair of an appeal panel, the legal counsel of the commission shall
14 act as an impartial aid to the appeal panel in outlining the facts and the issues.
15 Section 63. Section 34A-1-301, which is renumbered from Section 35A-3-801 is
16 renumbered and amended to read:
17
18 [
19 The [
20 to determine the facts and apply the law in this chapter or any other title or chapter it administers.
21 Section 64. Section 34A-1-302 is enacted to read:
22 34A-1-302. Presiding officers for adjudicative proceedings -- Subpoenas --
23 Independent judgment -- Consolidation -- Record -- Notice of order.
24 (1) (a) The commissioner shall authorize the Division of Adjudication to call, assign a
25 presiding officer, and conduct hearings and adjudicative proceedings when an application for a
26 proceeding is filed with the Division of Adjudication under this title.
27 (b) The director of the Division of Adjudication or the director's designee may issue
28 subpoenas. Failure to respond to a properly issued subpoena may result in a contempt citation and
29 offenders may be punished as provided in Section 78-32-15.
30 (c) Witnesses subpoenaed under this section are allowed fees as provided by law for
31 witnesses in the district court of the state. The witness fees shall be paid by the state unless the
1 witness is subpoenaed at the instance of a party other than the commission.
2 (d) A presiding officer assigned under this section may not participate in any case in which
3 the presiding officer is an interested party. Each decision of a presiding officer shall represent the
4 presiding officer's independent judgment.
5 (2) In the judgment of the presiding officer having jurisdiction of the proceeding the
6 consolidation would not be prejudicial to any party, when the same or substantially similar
7 evidence is relevant and material to the matters in issue in more than one proceeding, the presiding
8 officer may:
9 (a) fix the same time and place for considering each matter;
10 (b) jointly conduct hearing;
11 (c) make a single record of the proceedings; and
12 (d) consider evidence introduced with respect to one proceeding as introduced in the
13 others.
14 (3) (a) The commission shall keep a full and complete record of all adjudicative
15 proceedings in connection with a disputed matter.
16 (b) All testimony at any hearing shall be recorded but need not be transcribed unless the
17 disputed matter is appealed. If a party requests transcription, the transcription shall be provided
18 at the party's expense.
19 (c) All records on appeals shall be maintained by the Division of Adjudication. The
20 records shall include an appeal docket showing the receipt and disposition of the appeals.
21 (4) A party in interest shall be given notice of the entry of a presiding officer's order or any
22 order or award of the commission. The mailing of the copy of the order or award to the last-known
23 address in the files of the commission of a party in interest and to the attorneys or agents of record
24 in the case, if any, is considered to be notice of the order.
25 (5) In any formal adjudicative proceeding, the presiding officer may take any action
26 permitted under Section 63-46b-8.
27 Section 65. Section 34A-1-303 is enacted to read:
28 34A-1-303. Review of administrative order -- Finality of Appeals Board's order.
29 (1) A decision entered by an administrative law judge under this title is the final order of
30 the commission unless a further appeal is initiated under this title and in accordance with the rules
31 of the commission governing the review.
1 (2) (a) Unless otherwise provided, a person who is entitled to appeal a decision of an
2 administrative law judge under this title, may appeal the decision by filing an motion for review
3 with the Division of Adjudication.
4 (b) Unless a party in interest to the appeal requests in accordance with Subsection (3) that
5 the appeal be heard by the Appeals Board, the commissioner shall hear the review in accordance
6 with Title 63, Chapter 46b, Administrative Procedures Act. A decision of the commissioner is a
7 final order of the commission unless set aside by the court of appeals.
8 (c) (i) If in accordance with Subsection (3) a party in interest to the appeal requests that
9 the appeal be heard by the Appeals Board, an appeal panel of the Appeals Board shall hear the
10 review in accordance with:
11 (A) Section 34A-1-205; and
12 (B) Title 63, Chapter 46b, Administrative Procedures Act.
13 (ii) The decision of an appeal panel is considered a decision of the Appeals Board for
14 purposes of this title. A decision of the Appeals Board is a final order of the commission unless
15 set aside by the court of appeals.
16 (3) A party in interest may request that an appeal be heard by the Appeals Board by filing
17 the request with the Division of Adjudication:
18 (a) as part of the motion for review; or
19 (b) if requested by a party in interest who did not file a motion for review, within 20 days
20 of the date the motion for review is filed with the Division of Adjudication.
21 (4) (a) On appeal, the commissioner or the Appeals Board, through one of its panels, may:
22 (i) affirm the decision of an administrative law judge;
23 (ii) modify the decision of an administrative law judge;
24 (iii) return the case to an administrative law judge for further action as directed; or
25 (iv) reverse the findings, conclusions, and decision of an administrative law judge.
26 (b) The commissioner or Appeals Board may not conduct a trial de novo of the case.
27 (c) The commissioner or Appeals Board may base its decision on:
28 (i) the evidence previously submitted in the case; or
29 (ii) on written argument or written supplemental evidence requested by the commissioner
30 or Appeals Board.
31 (d) The commissioner or Appeals Board may permit the parties to:
1 (i) file briefs or other papers; or
2 (ii) conduct oral argument.
3 (e) The commissioner or Appeals Board shall promptly notify the parties to any
4 proceedings before it of its decision, including its findings and conclusions.
5 (5) If an order is appealed to the court of appeals after the party appealing the order has
6 exhausted all administrative appeals, the court of appeals has jurisdiction to:
7 (a) review, reverse, remand, or annul any order of the commissioner or Appeals Board;
8 or
9 (b) suspend or delay the operation or execution of the order of the commissioner or
10 Appeals Board being appealed.
11 Section 66. Section 34A-1-304 is enacted to read:
12 34A-1-304. Rulemaking -- Electronic or similar methods of proceedings.
13 (1) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
14 the commission shall make rules governing adjudicative procedures including the forms of notices
15 and the manner of serving notice in all claims.
16 (b) Except as provided in this title and Title 63, Chapter 46b, Administrative Procedures
17 Act, the rules made under this section are not required to conform to common law or statutory
18 rules of evidence or other technical rules of procedure.
19 (2) The rules made under this section shall include procedures to dispose of cases
20 informally, or to expedite claims adjudication, narrow issues, and simplify the methods of proof
21 at hearings.
22 (3) The commission may by rule permit hearings or other adjudicative proceedings to be
23 conducted, recorded, or published by means of electronic devices or other similar methods.
24 Section 67. Section 34A-1-305 (Effective 07/01/97), which is renumbered from Section
25 35A-3-802 (Effective 07/01/97) is renumbered and amended to read:
26 [
27 commission -- Presumed lawful.
28 All orders of the [
29 reasonable and lawful until they are found otherwise in an action brought for that purpose, or until
30 altered or revoked by the [
31 Section 68. Section 34A-1-306 (Effective 07/01/97), which is renumbered from Section
1 35A-3-804 (Effective 07/01/97) is renumbered and amended to read:
2 [
3 set aside on technicalities.
4 A substantial compliance with the requirements of this chapter shall be sufficient to give
5 effect to the orders of the [
6 inoperative, illegal, or void for any omission of a technical nature.
7 Section 69. Section 34A-1-307 (Effective 07/01/97), which is renumbered from Section
8 35A-3-806 (Effective 07/01/97) is renumbered and amended to read:
9 [
10 -- Subpoena -- Certificates.
11 For the purposes mentioned in this [
12
13
14 permitted:
15 (1) if a formal adjudicative proceeding, under Section 63-46b-7 or 63-46b-8; or
16 (2) if an informal adjudicative proceeding, under Section 63-46b-5.
17 Section 70. Section 34A-1-308 (Effective 07/01/97), which is renumbered from Section
18 35A-3-807 (Effective 07/01/97) is renumbered and amended to read:
19 [
20 The [
21 witnesses residing within or without the state to be taken as in civil actions.
22 Section 71. Section 34A-1-309 (Effective 07/01/97), which is renumbered from Section
23 35A-3-805 (Effective 07/01/97) is renumbered and amended to read:
24 [
25 (1) In all cases coming before the [
26 employed, the [
27 the attorneys.
28 (2) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, an attorney
29 may file an application for hearing with the Division of Adjudication to appeal a decision or final
30 order to the extent it concerns the award of attorney fees.
31 Section 72. Section 34A-1-401 (Effective 07/01/97), which is renumbered from Section
1 35A-3-110 (Effective 07/01/97) is renumbered and amended to read:
2
3 [
4 and county attorneys -- Duties.
5 [
6 or any county or district attorney[
7 (1) institute and prosecute the necessary actions or proceedings for the enforcement of any
8 order of the [
9 (2) defend any suit, action or proceeding brought against the [
10 Section 73. Section 34A-1-402 (Effective 07/01/97), which is renumbered from Section
11 35A-3-112 (Effective 07/01/97) is renumbered and amended to read:
12 [
13 orders, rules, and rates.
14 (1) (a) The [
15 form for distribution to the public, its orders[
16
17 (b) furnish the [
18 request. [
19
20 [
21
22 (2) The commission may in accordance with Section 63-2-203 charge a fee for furnishing
23 materials under this section.
24 Section 74. Section 34A-1-403 (Effective 07/01/97), which is renumbered from Section
25 35A-3-116 (Effective 07/01/97) is renumbered and amended to read:
26 [
27 favor of commission -- Preference.
28 All judgments obtained in any action prosecuted by the [
29 the state under [
30 assets of the employer as claims for taxes.
31 Section 75. Section 34A-1-404 (Effective 07/01/97), which is renumbered from Section
1 35A-3-113 (Effective 07/01/97) is renumbered and amended to read:
2 [
3 prohibited.
4 (1) [
5 (a) any order[
6 decision under this title; or
7 (b) any action of the state auditor, state treasurer, attorney general or the auditor or
8 treasurer of any county, required to be taken by them or any of them by [
9 this [
10 (2) Notwithstanding Subsection (1), this section does not affect:
11 (a) any right or defense in any action brought by the [
12 in pursuance of authority contained in this [
13 (b) the right any party of interest has to appeal a decision or final order of the commission.
14 Section 76. Section 34A-1-405 (Effective 07/01/97), which is renumbered from Section
15 35A-3-111 (Effective 07/01/97) is renumbered and amended to read:
16 [
17 records subject to examination -- Penalty.
18 (1) All books, records, and payrolls of an employer showing, or reflecting in any way
19 upon, the amount of [
20 the [
21 ascertaining:
22 (a) the correctness of the wage expenditure[
23 (b) the number of individuals employed[
24 (c) other information as may be necessary for the uses and purposes of the [
25 commission in its administration of the law.
26 (2) If an employer refuses to submit any books, records, or payrolls for inspection, after
27 being presented with written authority from the [
28 liable for a penalty of $100 for each offense. This penalty shall be collected by a civil action and
29 paid into the Uninsured Employers' Fund.
30 Section 77. Section 34A-1-406 (Effective 07/01/97), which is renumbered from Section
31 35A-3-303 (Effective 07/01/97) is renumbered and amended to read:
1 [
2 (1) The [
3 designee may:
4 (a) enter any place of employment for the purpose of:
5 (i) collecting facts and statistics; or
6 (ii) examining the provisions made for the health[
7 employees in the place of employment[
8 (b) bring to the attention of every employer any law, or any final order or rule of the
9 [
10 or final order.
11 (2) [
12 commissioner or the [
13 of employment.
14 Section 78. Section 34A-1-407 (Effective 07/01/97), which is renumbered from Section
15 35A-3-304 (Effective 07/01/97) is renumbered and amended to read:
16 [
17 places of employment -- Violations of rules or orders -- Temporary injunction.
18 (1) (a) Upon complaint by any person that any employment or place of employment,
19 regardless of the number of persons employed[
20 any employee, the [
21
22
23
24
25 (i) Chapter 2, Workers' Compensation Act;
26 (ii) Chapter 3, Utah Occupational Disease Act;
27 (iii) Chapter 6, Utah Occupational Safety and Health Act;
28 (iv) Chapter 7, Safety; or
29 (v) any combination of Subsections (1)(a)(i) through (iv).
30 (b) For any Utah mine subject to the Federal Mine Safety and Health Act, the sole duty
31 of the [
1 complaint.
2 [
3
4
5
6 (2) Notwithstanding any other penalty provided in this [
7 after receiving notice, fails or refuses to obey the rules[
8 commission relative to the protection of the life, health, or safety[
9 the district court of Utah is empowered, upon petition of the [
10 ex parte and without bond, a temporary injunction restraining the further operation of the
11 employer's business.
12 Section 79. Section 34A-1-408 (Effective 07/01/97), which is renumbered from Section
13 35A-3-307 (Effective 07/01/97) is renumbered and amended to read:
14 [
15 through representatives.
16 (1) For the purpose of making any investigation necessary for the implementation of this
17 title with regard to any employment or place of employment, the [
18 commission may appoint, [
19 state, as an agent, whose duties shall be prescribed in the [
20 (2) In the discharge of [
21 (a) every power of [
22 the [
23 (b) the same powers as a referee appointed by a district court with regard to taking
24 evidence.
25 (3) The [
26 (a) conduct any number of the investigations contemporaneously through different
27 agents[
28 (b) delegate to the agents the taking of evidence bearing upon any investigation or hearing.
29 (4) The recommendations made by the agents shall be advisory only and shall not preclude
30 the taking of further evidence or further investigation if the [
31 Section 80. Section 34A-1-409 (Effective 07/01/97), which is renumbered from Section
1 35A-3-115 (Effective 07/01/97) is renumbered and amended to read:
2 [
3 -- Saving clause.
4 Should any section or provision of this [
5 unconstitutional or invalid the same shall not affect the validity of the [
6 any part of the [
7 Section 81. Section 34A-2-101 (Effective 07/01/97), which is renumbered from Section
8 35A-3-101 (Effective 07/01/97) is renumbered and amended to read:
9
10
11 [
12 This chapter shall be known as the "Workers' Compensation Act."
13 Section 82. Section 34A-2-102 (Effective 07/01/97), which is renumbered from Section
14 35A-3-102 (Effective 07/01/97) is renumbered and amended to read:
15 [
16 terms.
17 As used in this chapter:
18 (1) "Average weekly [
19
20 (2) "Award" means [
21 as to the amount of compensation due:
22 (a) any injured[
23 (b) the dependents of any deceased[
24 (3) "Compensation" means the payments and benefits provided for in this chapter or
25 Chapter 3, Utah Occupational Disease Act.
26 (4) "Decision" means the ruling of an administrative law judge or, in accordance with
27 Section 34A-2-801, the commissioner or Appeals Board and may include:
28 (a) an award or denial of medical, disability, death, or other related benefits under this
29 chapter or Chapter 3, Utah Occupational Disease Act; or
30 (b) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah
31 Occupational Disease Act.
1 (5) "Director" means the director of the division, unless the context requires otherwise.
2 [
3 entitlement to compensation as a consequence of becoming medically impaired as to function.
4 Disability can be total or partial, temporary or permanent, industrial or nonindustrial.
5 [
6
7
8 (7) "Division" means the Division of Industrial Accidents.
9 [
10 functional abnormality or loss. Impairment may be either temporary or permanent, industrial or
11 nonindustrial.
12 [
13
14 an action of the commission that determines the legal rights, duties, privileges, immunities, or
15 other interests of one or more specific persons, but not a class of persons.
16 [
17 includes any injury caused by the willful act of a third person directed against an employee
18 because of [
19 (b) "Personal injury by accident arising out of and in the course of employment" does not
20 include a disease, except as the disease results from the injury.
21 [
22 means the freedom from danger to the life[
23 permitted by the nature of the employment.
24 [
25 [
26 corporation created in Title 31A, Chapter 33, Workers' Compensation Fund of Utah.
27 Section 83. Section 34A-2-103 (Effective 07/01/97), which is renumbered from Section
28 35A-3-103 (Effective 07/01/97) is renumbered and amended to read:
29 [
30 enumerated and defined -- Regularly employed -- Statutory employers.
31 (1) (a) The state, and each county, city, town, and school district in the state are considered
1 employers under this chapter and Chapter 3, Utah Occupational Disease Act.
2 (b) For the purposes of the exclusive remedy in this chapter and Chapter 3, Utah
3 Occupational Disease Act prescribed in [
4 the state is considered to be a single employer and includes any office, department, agency,
5 authority, commission, board, institution, hospital, college, university, or other instrumentality of
6 the state.
7 (2) Except as provided in Subsection (4), each person, including each public utility and
8 each independent contractor, who regularly employs one or more workers or operatives in the same
9 business, or in or about the same establishment, under any contract of hire, express or implied, oral
10 or written, is considered an employer under this chapter and Chapter 3, Utah Occupational Disease
11 Act. As used in Subsection (2):
12 (a) "Regularly" includes all employments in the usual course of the trade, business,
13 profession, or occupation of the employer, whether continuous throughout the year or for only a
14 portion of the year.
15 (b) "Independent contractor" means any person engaged in the performance of any work
16 for another who, while so engaged, is independent of the employer in all that pertains to the
17 execution of the work, is not subject to the routine rule or control of the employer, is engaged only
18 in the performance of a definite job or piece of work, and is subordinate to the employer only in
19 effecting a result in accordance with the employer's design.
20 (3) (a) The client company in an employee leasing arrangement under Title 58, Chapter
21 59, Employee Leasing Company Licensing Act, is considered the employer of leased employees
22 and shall secure workers' compensation benefits for them by complying with Subsection
23 [
24 (b) Insurance carriers may underwrite [
25 accordance with Subsection (3)(a) showing the leasing company as the named insured and each
26 client company as an additional insured by means of individual endorsements.
27 (c) Endorsements shall be filed with the [
28 rule.
29 (4) (a) An agricultural employer is not considered an employer under this chapter and
30 Chapter 3, Utah Occupational Disease Act, if:
31 (i) (A) the employer's employees are all members of the employer's immediate family;
1 and
2 (B) the employer has a proprietary interest in the farm where they work; or
3 (ii) the employer employed five or fewer persons other than immediate family members
4 for 40 hours or more per week per employee for 13 consecutive weeks during any part of the
5 preceding 12 months.
6 (b) A domestic employer who does not employ one employee or more than one employee
7 at least 40 hours per week is not considered an employer under this chapter and Chapter 3, Utah
8 Occupational Disease Act.
9 (5) An employer of agricultural laborers or domestic servants who is not considered an
10 employer under this chapter [
11 Disease Act, may come under [
12 complying with [
13 the rules of the [
14 (6) (a) If any person who is an employer procures any work to be done wholly or in part
15 for the employer by a contractor over whose work the employer retains supervision or control, and
16 this work is a part or process in the trade or business of the employer, the contractor, all persons
17 employed by the contractor, all subcontractors under the contractor, and all persons employed by
18 any of these subcontractors, are considered employees of the original employer for the purposes
19 of this chapter and Chapter [
20 (b) Any person who is engaged in constructing, improving, repairing, or remodelling a
21 residence that the person owns or is in the process of acquiring as the person's personal residence
22 may not be considered an employee or employer solely by operation of Subsection (6)(a).
23 (c) A partner in a partnership or an owner of a sole proprietorship may not be considered
24 an employee under Subsection (6)(a) if the employer who procures work to be done by the
25 partnership or sole proprietorship obtains and relies on either:
26 (i) a valid certification of the partnership's or sole proprietorship's compliance with Section
27 [
28 of workers' compensation benefits pursuant to Section [
29 (ii) if a partnership or sole proprietorship with no employees other than a partner of the
30 partnership or owner of the sole proprietorship, a workers' compensation policy issued by an
31 insurer pursuant to Subsection 31A-21-104(8) stating that:
1 (A) the partnership or sole proprietorship is customarily engaged in an independently
2 established trade, occupation, profession, or business; and
3 (B) the partner or owner personally waives the partner's or owner's entitlement to the
4 benefits of [
5 operation of the partnership or sole proprietorship.
6 (d) A director or officer of a corporation may not be considered an employee under
7 Subsection (6)(a) if the director or officer is excluded from coverage under Subsection
8 [
9 (e) A contractor or subcontractor is not an employee of the employer under Subsection
10 (6)(a), if the employer who procures work to be done by the contractor or subcontractor obtains
11 and relies on either:
12 (i) a valid certification of the contractor's or subcontractor's compliance with Section
13 [
14 (ii) if a partnership, corporation, or sole proprietorship with no employees other than a
15 partner of the partnership, officer of the corporation, or owner of the sole proprietorship, a workers'
16 compensation policy issued by an insurer pursuant to Subsection 31A-21-104(8) stating that:
17 (A) the partnership, corporation, or sole proprietorship is customarily engaged in an
18 independently established trade, occupation, profession, or business; and
19 (B) the partner, corporate officer, or owner personally waives the partner's, corporate
20 officer's, or owner's entitlement to the benefits of this chapter and Chapter [
21 Occupational Disease Act, in the operation of the partnership's, corporation's, or sole
22 proprietorship's enterprise under a contract of hire for services.
23 Section 84. Section 34A-2-104 (Effective 07/01/97), which is renumbered from Section
24 35A-3-104 (Effective 07/01/97) is renumbered and amended to read:
25 [
26 "worker," or "operative" defined -- Mining lessees and sublessees -- Corporate officers and
27 directors -- Real estate agents and brokers -- Prison inmates.
28 (1) As used in this chapter and Chapter 3, Utah Occupational Disease Act, "employee,"
29 "worker," [
30 (a) each elective and appointive officer and any other person, in the service of the state,
31 or of any county, city, town, or school district within the state, serving the state, or any county,
1 city, town, or school district under any election or appointment, or under any contract of hire,
2 express or implied, written or oral, including each officer and employee of the state institutions
3 of learning and members of the National Guard while on state active duty; and
4 (b) each person in the service of any employer, as defined in Section [
5 34A-2-103, who employs one or more workers or operatives regularly in the same business, or in
6 or about the same establishment, under any contract of hire, express or implied, oral or written,
7 including aliens and minors, whether legally or illegally working for hire, but not including any
8 person whose employment is casual and not in the usual course of the trade, business, or
9 occupation of [
10 (2) Unless a lessee provides coverage as an employer under this chapter and Chapter 3,
11 any lessee in mines or of mining property and each employee and sublessee of the lessee shall be
12 covered for compensation by the lessor under this chapter and Chapter 3, and shall be subject to
13 this chapter and Chapter 3 and entitled to its benefits to the same extent as if they were employees
14 of the lessor drawing [
15 lessor may deduct from the proceeds of ores mined by the lessees an amount equal to the insurance
16 premium for that type of work.
17 (3) (a) A partnership or sole proprietorship may elect to include any partner of the
18 partnership or owner of the sole proprietorship as an employee of the partnership or sole
19 proprietorship under this chapter and Chapter 3.
20 (b) If a partnership or sole proprietorship makes [
21 it shall serve written notice upon its insurance carrier naming the persons to be covered. [
22 partner of a partnership or owner of a sole proprietorship [
23 of [
24 3, Utah Occupational Disease Act, until this notice has been given.
25 (c) For premium rate making, the insurance carrier shall assume the salary or wage of the
26 partner or sole proprietor electing coverage under Subsection (3)(a) to be 100% of the state's
27 average weekly wage.
28 (4) (a) A corporation may elect not to include any director or officer of the corporation as
29 an employee under this chapter and Chapter 3, Utah Occupational Disease Act.
30 (b) If a corporation makes [
31 notice upon its insurance carrier naming the persons to be excluded from coverage. A director or
1 officer of a corporation is considered an employee under this chapter and Chapter 3, Utah
2 Occupational Disease Act, until this notice has been given.
3 (5) As used in this chapter and Chapter 3, "employee," "worker," [
4 "operative" do not include:
5 (a) a real estate sales agent or real estate broker, as defined in Section 61-2-2, who
6 performs services in that capacity for a real estate broker if:
7 [
8 services is from real estate commissions;
9 [
10 a written contract specifying that the real estate agent is an independent contractor; and
11 [
12 be treated as an employee for federal income tax purposes[
13 [
14
15 by federal statute or regulation.
16 Section 85. Section 34A-2-105 (Effective 07/01/97), which is renumbered from Section
17 35A-3-105 (Effective 07/01/97) is renumbered and amended to read:
18 [
19 against employer, or officer, agent, or employee -- Employee leasing arrangements.
20 (1) The right to recover compensation pursuant to this chapter for injuries sustained by an
21 employee, whether resulting in death or not, shall be the exclusive remedy against the employer
22 and shall be the exclusive remedy against any officer, agent, or employee of the employer and the
23 liabilities of the employer imposed by this chapter shall be in place of any and all other civil
24 liability whatsoever, at common law or otherwise, to the employee or to [
25 spouse, widow, children, parents, dependents, next of kin, heirs, personal representatives, guardian,
26 or any other person whomsoever, on account of any accident or injury or death, in any way
27 contracted, sustained, aggravated, or incurred by the employee in the course of or because of or
28 arising out of [
29 an employer or against any officer, agent, or employee of the employer based upon any accident,
30 injury, or death of an employee. Nothing in this section, however, shall prevent an employee, or
31 [
1 those cases [
2 (2) The exclusive remedy provisions of this section apply to both the client company and
3 the employee leasing company in an employee leasing arrangement under Title 58, Chapter 59,
4 Employee Leasing Company Licensing Act.
5 Section 86. Section 34A-2-106 (Effective 07/01/97), which is renumbered from Section
6 35A-3-106 (Effective 07/01/97) is renumbered and amended to read:
7 [
8 caused by wrongful acts of persons other than employer, officer, agent, or employee of
9 employer -- Rights of employer or insurance carrier in cause of action -- Maintenance of
10 action -- Notice of intention to proceed against third party -- Right to maintain action not
11 involving employee-employer relationship -- Disbursement of proceeds of recovery --
12 Exclusive remedy.
13 (1) When any injury or death for which compensation is payable under this chapter [
14
15 of a person other than an employer, officer, agent, or employee of the employer[
16 (a) the injured employee, or in case of death, [
17 compensation; and
18 (b) the injured employee or [
19 have an action for damages against the third person.
20 (2) (a) If compensation is claimed and the employer or insurance carrier becomes obligated
21 to pay compensation, the employer or insurance carrier:
22 (i) shall become trustee of the cause of action against the third party; and
23 (ii) may bring and maintain the action either in its own name or in the name of the injured
24 employee, or [
25
26 (b) Notwithstanding Subsection (2)(a), an employer or insurance carrier may not settle and
27 release [
28 of the [
29 (3) (a) Before proceeding against [
30 Subsections (3)(a)(i) and (ii) a reasonable opportunity to enter an appearance in the proceeding,
31 the injured employee[
1 the intention to bring an action against the third party to:
2 (i) the carrier; and
3 (ii) any other person obligated for the compensation payments[
4
5 (b) The injured employee, or, in case of death, [
6 notice to the carrier and other person obligated for the compensation payments of any known
7 attempt to attribute fault to the employer, officer, agent, or employee of the employer:
8 (i) by way of settlement; or
9 (ii) in a proceeding brought by the injured employee, or, in case of death, [
10 employee's heirs.
11 (4) For the purposes of this section and notwithstanding [
12 [
13 representative may also maintain an action for damages against [
14
15
16
17 with the injured or deceased employee at the time of the employee's injury or death:
18 (a) a subcontractor;
19 (b) a general contractor;
20 (c) an independent contractor;
21 (d) a property owner; or
22 (e) a lessee or assignee of a property owner.
23 (5) If any recovery is obtained against a third person, it shall be disbursed [
24 accordance with Subsections (5)(a) through (c).
25 (a) The reasonable expense of the action, including attorneys' fees, shall be paid and
26 charged proportionately against the parties as their interests may appear. Any fee chargeable to
27 the employer or carrier is to be a credit upon any fee payable by the injured employee or, in the
28 case of death, by the dependents, for any recovery had against the third party.
29 (b) The person liable for compensation payments shall be reimbursed, less the
30 proportionate share of costs and attorneys' fees provided for in Subsection (5)(a), for the payments
31 made as follows:
1 (i) without reduction based on fault attributed to the employer, officer, agent, or employee
2 of the employer in the action against the third party if the combined percentage of fault attributed
3 to persons immune from suit is determined to be less than 40% prior to any reallocation of fault
4 under Subsection 78-27-39(2); or
5 (ii) less the amount of payments made multiplied by the percentage of fault attributed to
6 the employer, officer, agent, or employee of the employer in the action against the third party if
7 the combined percentage of fault attributed to persons immune from suit is determined to be 40%
8 or more prior to any reallocation of fault under Subsection 78-27-39(2).
9 (c) The balance shall be paid to the injured employee, or [
10 of death, to be applied to reduce or satisfy in full any obligation thereafter accruing against the
11 person liable for compensation.
12 (6) The apportionment of fault to the employer in a civil action against a third party is not
13 an action at law and does not impose any liability on the employer. The apportionment of fault
14 does not alter or diminish the exclusiveness of the remedy provided to employees, their heirs, or
15 personal representatives, or the immunity provided employers pursuant to Section [
16 34A-2-105 or 34A-3-102 for injuries sustained by an employee, whether resulting in death or not.
17 Any court in which a civil action is pending shall issue a partial summary judgment to an employer
18 with respect to the employer's immunity as provided in Section [
19 34A-3-102, even though the conduct of the employer may be considered in allocating fault to the
20 employer in a third party action in the manner provided in Sections 78-27-37 through 78-27-43.
21 Section 87. Section 34A-2-107 (Effective 07/01/97), which is renumbered from Section
22 35A-3-107 (Effective 07/01/97) is renumbered and amended to read:
23 [
24 workers' compensation advisory council -- Composition -- Terms of members -- Duties --
25 Compensation.
26 (1) The [
27 compensation advisory council composed of:
28 (a) the following voting members:
29 (i) five employer representatives; and
30 (ii) five employee representatives; and
31 (b) the following nonvoting members:
1 (i) [
2 of Utah[
3 (ii) a representative of a private insurance carrier[
4 (iii) a representative of health care providers;
5 [
6 [
7 [
8 commissioner's designee.
9 [
10 historically may have been excluded from the council, such as women, minorities, and individuals
11 with disabilities.
12 [
13 members expire, the [
14 reappointed member to a four-year term beginning July 1 and ending June 30.
15 (b) Notwithstanding the requirements of Subsection [
16 commissioner shall, at the time of appointment or reappointment, adjust the length of terms to
17 ensure that the terms of council members are staggered so that approximately half of the council
18 is appointed every two years.
19 [
20 shall be appointed for the unexpired term.
21 (b) The [
22 member who ceases to be representative as designated by [
23 [
24 [
25 Legislature on the Utah workers' compensation and occupational disease laws, the administration
26 of them, and related rules.
27 [
28 commission, the division [
29
30
31 workers' compensation, rehabilitation, and reemployment of employees who are disabled because
1 of an industrial injury or occupational disease.
2 [
3 commissioner's designee shall serve as the chair of the council and call the necessary meetings.
4 [
5 [
6 compensation or benefits for their services, but may receive per diem and expenses incurred in the
7 performance of the member's official duties at the rates established by the Division of Finance
8 under Sections 63A-3-106 and 63A-3-107.
9 (ii) Members may decline to receive per diem and expenses for their service.
10 (b) (i) State government officer and employee members who do not receive salary, per
11 diem, or expenses from their agency for their service may receive per diem and expenses incurred
12 in the performance of their official duties from the council at the rates established by the Division
13 of Finance under Sections 63A-3-106 and 63A-3-107.
14 (ii) State government officer and employee members may decline to receive per diem and
15 expenses for their service.
16 Section 88. Section 34A-2-108 (Effective 07/01/97), which is renumbered from Section
17 35A-3-108 (Effective 07/01/97) is renumbered and amended to read:
18 [
19 between employers and employees.
20 (1) [
21 [
22 Occupational Disease Act, is not valid.
23 (2) [
24 employer [
25 (3) Any employer who deducts any portion of [
26 salary of any employee entitled to the benefits of this chapter or Chapter 3, Utah Occupational
27 Disease Act:
28 (a) is guilty of a misdemeanor[
29 (b) shall be fined not more than $100 for each such offense.
30 Section 89. Section 34A-2-109 (Effective 07/01/97), which is renumbered from Section
31 35A-3-109 (Effective 07/01/97) is renumbered and amended to read:
1 [
2 intrastate commerce.
3 [
4 Chapter 3, Utah Occupational Disease Act, apply to employers and their employees engaged in:
5 (a) intrastate [
6 (b) interstate commerce; and
7 (c) foreign commerce [
8 (2) If a rule of liability or method of compensation [
9 the Congress of the United States[
10 3 apply only to the extent that [
11 (a) this chapter and Chapter 3 has a mutual connection with intrastate work [
12
13 (b) the connection to intrastate work is clearly separable and distinguishable from
14 interstate or foreign commerce.
15 Section 90. Section 34A-2-110 (Effective 07/01/97), which is renumbered from Section
16 35A-3-114 (Effective 07/01/97) is renumbered and amended to read:
17 [
18 compensation insurance fraud -- Elements -- Penalties -- Notice.
19 (1) As used in this section:
20 (a) "Corporation" has the same meaning as in Subsection 76-2-201(3).
21 (b) "Intentionally" has the same meaning as in Subsection 76-2-103(1).
22 (c) "Knowingly" has the same meaning as in Subsection 76-2-103(2).
23 (d) "Person" has the same meaning as in Subsection 76-1-601(8).
24 (e) "Recklessly" has the same meaning as in Subsection 76-2-103(3).
25 (2) (a) Any person [
26 person intentionally, knowingly, or recklessly, [
27 (i) devises any scheme or artifice to obtain workers' compensation insurance coverage,
28 disability compensation, medical benefits, goods, professional services, fees for professional
29 services, or anything of value under this chapter or Chapter 3, Utah Occupational Disease Act, by
30 means of false or fraudulent pretenses, representations, promises, or material omissions[
31 [
1 (ii) communicates or causes a communication with another in furtherance of the scheme
2 or artifice[
3 (b) Workers' compensation insurance fraud under Subsection (2)(a) is punishable in the
4 manner prescribed by Section 76-10-1801 for communication fraud.
5 (3) A corporation or association is guilty of the offense of workers' compensation
6 insurance fraud under the same conditions as those set forth in Section 76-2-204.
7 (4) The determination of the degree of any offense under Subsection (2) shall be measured
8 by the total value of all property, money, or other things obtained or sought to be obtained by the
9 scheme or artifice described in Subsection (2), except as provided in Subsection 76-10-1801(1)(e).
10 (5) Reliance on the part of any person is not a necessary element of the offense described
11 in Subsection (2).
12 (6) An intent on the part of the perpetrator of any offense described in Subsection (2) to
13 permanently deprive any person of property, money, or anything of value is not a necessary
14 element of this offense.
15 (7) A scheme or artifice to obtain workers' compensation insurance coverage includes any
16 scheme or artifice to make or cause to be made any false written or oral statement or business
17 reorganization, incorporation, or change in ownership intended to obtain insurance coverage as
18 mandated by this chapter or Chapter 3, Utah Occupational Disease Act, at rates that do not reflect
19 the risk, industry, employer, or class codes actually covered by the policy.
20 (8) A scheme or artifice to obtain disability compensation includes a scheme or artifice
21 to collect or make a claim for temporary disability compensation as provided in Section
22 [
23 (9) (a) Each insurer or self-insured employer who, in connection with [
24 this chapter or Chapter 3, Utah Occupational Disease Act, prints, reproduces, or furnishes a form
25 to any person upon which that person applies for insurance coverage, reports payroll, makes a
26 claim by reason of accident, injury, death, disease, or other claimed loss, or otherwise reports or
27 gives notice to the insurer or self-insured employer, shall cause to be printed or displayed in
28 comparative prominence with other content the statement: "Any person who knowingly presents
29 false or fraudulent underwriting information, files or causes to be filed a false or fraudulent claim
30 for disability compensation or medical benefits, or submits a false or fraudulent report or billing
31 for health care fees or other professional services is guilty of a crime and may be subject to fines
1 and confinement in state prison." [
2 (b) The statement required by Subsection (9)(a) shall be preceded by the words: "For your
3 protection, Utah law requires the following to appear on this form" or other explanatory words of
4 similar meaning.
5 (10) Each insurer or self-insured employer who issues a check, warrant, or other financial
6 instrument in payment of compensation issued under this chapter or Chapter 3, Utah Occupational
7 Disease Act, shall cause to be printed or displayed in comparative prominence above the area for
8 endorsement the statement: "Workers' compensation insurance fraud is a crime punishable by Utah
9 law."
10 (11) In the absence of malice, a person, employer, insurer, or governmental entity that
11 reports a suspected fraudulent act relating to a workers' compensation insurance policy or claim
12 is not subject to any civil liability for libel, slander, or any other relevant cause of action.
13 (12) In any action involving workers' compensation, this section supersedes Title 31A,
14 Chapter 31, Insurance Fraud Act.
15 Section 91. Section 34A-2-111 (Effective 07/01/97), which is renumbered from Section
16 35A-3-117 (Effective 07/01/97) is renumbered and amended to read:
17 [
18 care -- Health care cost containment.
19 (1) Self-insured employers and workers' compensation carriers may adopt a managed
20 health care program to provide employees the benefits of this chapter or Chapter 3, Utah
21 Occupational Disease Act, beginning January 1, 1993. The plan may include one or more of the
22 following:
23 (a) (i) A preferred provider program may be developed so long as the program allows a
24 selection by the employee of more than one physician in the health care specialty required for
25 treating the specific problem of an industrial patient. If a preferred provider program is developed
26 by an employer, insurance carrier, or self-insured entity, employees are required to [
27 preferred provider physicians and medical care facilities. If a preferred provider program is not
28 developed, an industrial claimant may have free choice of health care providers. Failure of an
29 industrial claimant to [
30 part of a preferred provider program, or failure to initially receive treatment from a preferred
31 physician, may, if the claimant has been notified of the program, result in the claimant being
1 obligated for any charges in excess of the preferred provider allowances.
2 (ii) Notwithstanding the requirements of Subsection (1)(a)(i), a self-insured entity or other
3 employer may:
4 (A) have its own health care facility on or near its worksite or premises and [
5 to contract with other health care providers[
6 (B) operate a health care facility and require employees to first seek treatment at the
7 provided health care or contracted facility.
8 (iii) An employee of an employer [
9 its own health care facility may procure the services of any qualified practitioner:
10 (A) for emergency treatment, if a physician employed in the program or at the facility is
11 not available for any reason;
12 (B) for conditions the employee in good faith believes are nonindustrial; or
13 (C) when an employee living in a rural area would be unduly burdened by traveling to a
14 preferred provider.
15 (b) (i) Other contracts with medical care providers or medical review organizations may
16 be made for the following purposes:
17 (A) insurance carriers or self-insured employers may form groups in contracting for
18 managed health care services with medical providers;
19 (B) peer review;
20 (C) methods of utilization review;
21 (D) use of case management; and
22 (E) bill audit.
23 (ii) Insurance carriers may make any or all of the factors in Subsection (1)(b)(i) a condition
24 of insuring entities in their insurance contract.
25 (2) As used in Subsection (1), "physician" means any health care provider licensed under:
26 (a) Title 58, Chapter [
27 [
28 (c) Title 58, Chapter 67, Utah Medical Practice Act;
29 (d) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
30 [
31 Practice Act;
1 [
2
3 (f) Title 58, Chapter 70, Physician Assistant Practice Act;
4 (g) Title 58, Chapter 71, Naturopathic Physician Practice Act;
5 (h) Title 58, Chapter 72, Acupuncture Licensing Act; and
6 (i) Title 58, Chapter 73, Chiropractic Physician Practice Act.
7 (3) Each workers' compensation insurance carrier writing insurance in this state shall
8 maintain a designated agent in this state registered with the [
9 (4) (a) In addition to managed health care plans, [
10 may require [
11 employer:
12 (i) has an experience modification factor of 1.00 or higher, as determined by the National
13 Council on Compensation Insurance[
14 (ii) is determined by the carrier to have a three-year loss ratio of 100% or higher[
15
16 (b) A workplace safety program [
17 [
18 healthful working conditions, which is based on clearly stated goals and objectives for meeting
19 those goals[
20 [
21
22
23 [
24
25 [
26
27 [
28
29 [
30 [
31 each calendar year delineating how procedures set forth in the program are met.
1 (5) A written workplace accident and injury reduction program permitted under Subsection
2 (4)(b)(i) should describe:
3 (a) how managers, supervisors, and employees are responsible for implementing the
4 program;
5 (b) how continued participation of management will be established, measured, and
6 maintained;
7 (c) the methods used to identify, analyze, and control new or existing hazards, conditions,
8 and operations;
9 (d) how the program will be communicated to all employees so that the employees are
10 informed of work-related hazards and controls;
11 (e) how workplace accidents will be investigated and corrective action implemented; and
12 (f) how safe work practices and rules will be enforced.
13 [
14 workplace safety program pursuant to Subsection (4)[
15 over any existing current rates and premium modifications charged that employer.
16 Section 92. Section 34A-2-112 is enacted to read:
17 34A-2-112. Administration of this chapter and Chapter 3.
18 (1) Administration of this chapter and Chapter 3, Utah Occupational Disease Act, is vested
19 in the commission to be administered through the division, the Division of Adjudication, and for
20 adminstrative appeals through the commissioner and the Appeals Board.
21 (2) The commission:
22 (a) has jurisdiction over every workplace in the state and may administer this chapter and
23 Chapter 3, Utah Occupational Disease Act, and any rule or order issued under these chapters, to
24 ensure that every employee in this state has a safe workplace in which employers have secured the
25 payment of workers' compensation benefits for their employees in accordance with this chapter
26 and Chapter 3, Utah Occupational Disease Act;
27 (b) through the division under the supervision of the director, has the duty and full
28 authority to take any administrative action authorized under this chapter or Chapter 3, Utah
29 Occupational Disease Act; and
30 (c) through the Division of Adjudication, commissioner, and Appeals Board, provide for
31 the adjudication and review of an administrative action, decision, or order of the commission in
1 accordance with this title.
2 Section 93. Section 34A-2-201 (Effective 07/01/97), which is renumbered from Section
3 35A-3-201 (Effective 07/01/97) is renumbered and amended to read:
4
5 [
6 secure workers' compensation benefits for employees -- Methods.
7 (1) Employers, including counties, cities, towns, and school districts, shall secure the
8 payment of workers' compensation benefits for their employees:
9 (a) by insuring, and keeping insured, the payment of this compensation with the Workers'
10 Compensation Fund of Utah, which payments shall commence within 30 days after any final
11 award by the [
12 (b) by insuring, and keeping insured, the payment of this compensation with any stock
13 corporation or mutual association authorized to transact the business of workers' compensation
14 insurance in this state, which payments shall commence within 30 days after any final award by
15 the [
16 (c) by furnishing annually to the [
17 ability to pay direct compensation in the amount, in the manner, and when due as provided for in
18 this chapter or Chapter 3, Utah Occupational Disease Act, which payments shall commence within
19 30 days after any final award by the [
20 (2) (a) If an employer secures payment of workers' compensation benefits under
21 Subsection (1)(c), the [
22 (i) require the deposit of acceptable security, indemnity, or bond to secure the payment of
23 compensation liabilities as they are incurred[
24 (ii) at any time change or modify the requirement to deposit acceptable security,
25 indemnity, or bond, if in its judgment this action is necessary or desirable to secure or assure a
26 strict compliance with all the provisions of law relating to the payment of compensation and the
27 furnishing of medical, nurse, and hospital services, medicines, and burial expenses to injured
28 employees and to the dependents of killed employees.
29 (b) (i) The [
30 a self-insurer.
31 [
1
2
3
4
5
6
7 [
8
9
10
11
12
13
14 (ii) The revocation under Subsection (2)(b)(i) becomes a final order of the commission
15 effective 30 days from the date the division revokes the privilege, unless within the 30 days the
16 employer files an application for hearing in accordance with Part 8, Adjudication.
17 Section 94. Section 34A-2-202 (Effective 07/01/97), which is renumbered from Section
18 35A-3-202 (Effective 07/01/97) is renumbered and amended to read:
19 [
20 employers and counties, cities, towns, or school districts paying compensation direct.
21 (1) (a) An employer, including a county, city, town, or school district, who by authority
22 of the [
23 compensation direct shall pay annually, on or before March 31, an assessment of the same
24 percentage as required by law to be paid by an insurance company upon its premiums, based upon
25 an amount equivalent to premiums, that would be paid by the employer, if insured in the Workers'
26 Compensation Fund of Utah.
27 (b) The assessment required by Subsection (1)(a) is to be computed and collected by the
28 State Tax Commission and paid by the State Tax Commission into the state treasury as provided
29 in Subsection 59-9-101(2).
30 (c) [
31 obligation under Subsection (1)(a) for the preceding year was $10,000 or more shall pay the
1 assessment in quarterly installments in the same manner provided in Section 59-9-104 and subject
2 to the same penalty provided in Section 59-9-104 for not paying or underpaying an installment.
3 (2) The State Tax Commission shall have access to all the records of the [
4
5 section.
6 Section 95. Section 34A-2-203 (Effective 07/01/97), which is renumbered from Section
7 35A-3-203 (Effective 07/01/97) is renumbered and amended to read:
8 [
9 commission, board, or other agency to pay premiums direct to Workers' Compensation
10 Fund of Utah.
11 Each department, commission, board, or other agency of the state shall pay the insurance
12 premium on its employees direct to the Workers' Compensation Fund of Utah.
13 Section 96. Section 34A-2-204 (Effective 07/01/97), which is renumbered from Section
14 35A-3-207 (Effective 07/01/97) is renumbered and amended to read:
15 [
16 chapter -- Notice to employees.
17 (1) Each employer providing insurance, or electing directly to pay compensation to [
18 the employer's injured workers, or the dependents of [
19 accordance with this chapter and Chapter 3, Utah Occupational Disease Act, shall post in
20 conspicuous places about [
21 stating, that:
22 (a) [
23 Disease Act, and all the rules of the [
24 3, Utah Occupational Disease Act; and
25 (b) if such is the case, that [
26 division directly to compensate [
27 (2) The notice required in Subsection (1) when posted in accordance with Subsection (1),
28 shall constitute sufficient notice to [
29 employer has complied with the law as to securing compensation to [
30 employees and their dependents.
31 Section 97. Section 34A-2-205 (Effective 07/01/97), which is renumbered from Section
1 35A-3-205 (Effective 07/01/97) is renumbered and amended to read:
2 [
3 workers' compensation insurance coverage to division -- Cancellation requirements --
4 Penalty for violation.
5 (1) (a) Every insurance carrier writing workers' compensation insurance coverage in this
6 state or for this state, regardless of the state in which the policy is written, shall file notification
7 of that coverage with the [
8 date of the policy [
9 will be in effect from inception until canceled by filing with the [
10 designee a notification of cancellation [
11 division within ten days after the cancellation of a policy.
12 (b) Failure to notify the [
13 result in the continued liability of the carrier until the date that notice of cancellation is received
14 by the [
15 [
16 (i) the reinstatement of a policy[
17 (ii) the changing or addition of a name or address of the insured[
18 (iii) the merger of an insured with another entity.
19 [
20 (i) the name of the insured[
21 (ii) the principal business address[
22 (iii) any and all assumed name designations[
23 (iv) the address of all locations within this state where business is conducted[
24
25 (v) all federal employer identification numbers or federal tax identification numbers.
26 [
27 carrier's certificate of authority in addition to the grounds specified in Title 31A, Insurance Code.
28 [
29 Uninsured Employers' Fund, if the insurer fails to comply with this section.
30 Section 98. Section 34A-2-206 (Effective 07/01/97), which is renumbered from Section
31 35A-3-206 (Effective 07/01/97) is renumbered and amended to read:
1 [
2 information to division -- Employers' annual report -- Rights of division -- Examination of
3 employers under oath -- Penalties.
4 (1) (a) Every employer shall furnish the [
5 information required by it to carry out the purposes of this chapter and Chapter 3, Utah
6 Occupational Disease Act.
7 (b) In the month of July of each year every employer shall prepare and mail to the
8 [
9 [
10 30, inclusive;
11 [
12 [
13 maximum wages paid; and
14 [
15 (2) (a) The information required under Subsection (1) shall be furnished [
16
17 form prescribed by the division.
18 (b) Every employer shall [
19 (i) answer fully and correctly all questions [
20 information sought [
21 (ii) if unable to [
22 [
23 (3) (a) The [
24 this chapter [
25 and returned to the [
26 (b) The [
27 that purpose, shall have the right to examine, under oath, any employer, [
28 agents or employees, for the purpose of ascertaining any information that the employer is required
29 by this chapter or Chapter 3, Utah Occupational Disease Act, to furnish to the [
30 division.
31 (4) (a) [
1 be recovered in a civil action brought by the commission or the division on behalf of the
2 commission against an employer who[
3 (i) within a reasonable time to be fixed by the [
4 of written notice signed by the [
5 the information demanded and served by certified mail, refuses to furnish to the [
6 division:
7 (A) the annual statement required by this section[
8 (B) other information as may be required by the [
9 section[
10 (ii) willfully furnishes a false or untrue statement [
11
12
13 (b) All penalties [
14 Reinsurance Fund created in Section [
15 [
16
17
18 Section 99. Section 34A-2-207 (Effective 07/01/97), which is renumbered from Section
19 35A-3-209 (Effective 07/01/97) is renumbered and amended to read:
20 [
21 -- Penalty.
22 (1) (a) Employers who [
23 are not [
24 during the period of noncompliance, but shall be liable in a civil action to their employees for
25 damages suffered by reason of personal injuries arising out of or in the course of employment
26 caused by the wrongful act, neglect, or default of the employer or any of the employer's officers,
27 agents or employees, and also to the dependents or personal representatives of such employees
28 [
29 (b) In any [
30 himself of any of the following defenses:
31 [
1 [
2 [
3 (2) Proof of the injury shall constitute prima facie evidence of negligence on the part of
4 the employer and the burden shall be upon the employer to show freedom from negligence
5 resulting in the injury.
6 (3) An employer who fails to comply with Section [
7 Sections [
8 (4) In any civil action permitted under this section against the employer, the employee
9 shall be entitled to necessary costs and a reasonable attorney fee assessed against the employer.
10 Section 100. Section 34A-2-208 (Effective 07/01/97), which is renumbered from Section
11 35A-3-210 (Effective 07/01/97) is renumbered and amended to read:
12 [
13 employees where employer fails to comply.
14 (1) Any employee, [
15 of proceeding against the employee's employer by civil action in the courts as provided in Section
16 34A-2-207, file an application with the Division of Adjudication for compensation in accordance
17 with this chapter or Chapter 3, Utah Occupational Disease Act, when:
18 (a) the employee's employer [
19 34A-2-201;
20 (b) the employee has been injured by accident arising out of or in the course of [
21 employee's employment, wherever the injury occurred[
22 (c) the injury described in Subsection (1)(b) was not purposely self-inflicted[
23
24
25
26 (2) [
27
28 of appeal to the commissioner or Appeals Board, as an application for hearing under Section
29 34A-2-801.
30 (3) [
31 under Subsection (1), in accordance with Part 8, Adjudication, the [
1 commission shall determine [
2 (i) the injured employee[
3 (ii) the employee's dependents in case death has ensued[
4 (b) The employer shall pay the award determined under Subsection (3)(a) to the persons
5 entitled to the compensation within ten days after receiving notice from the commission of the
6 amount of the [
7 Subsection (3)(a).
8 Section 101. Section 34A-2-209 (Effective 07/01/97), which is renumbered from Section
9 35A-3-208 (Effective 07/01/97) is renumbered and amended to read:
10 [
11 penalty for violation -- Notice of noncompliance -- Proof required -- Admissible evidence --
12 Criminal prosecution.
13 (1) (a) (i) Any employer who fails to comply, and every officer of a corporation or
14 association that fails to comply, with [
15 of a class B misdemeanor.
16 (ii) Each day's failure to comply with Subsection (1)(a)(i) is a separate offense.
17 (b) All funds, fines, or penalties collected or assessed under Subsection (1)(a) shall be
18 deposited in the Uninsured Employers' Fund created by Section [
19 for the purposes of that fund.
20 (c) If the [
21 mail to the last-known address of the employer, corporation, or officers of a corporation or
22 association, and the employer, corporation, or officers do not within ten days provide to the
23 [
24 prima facie evidence that the employer, corporation, or officers [
25 section.
26 (2) (a) (i) If the [
27
28 the three ways provided in Section [
29 the employer, or in the case of an employer corporation, the corporation or the officers of the
30 corporation, notice of noncompliance by certified mail to the last-known address of the employer,
31 corporation, or officers, and if the employer, corporation, or officers do not, within ten days,
1 provide to the [
2 employer corporation is guilty of a class B misdemeanor.
3 (ii) Each day's failure to comply with Subsection (2)(a)(i) is a separate offense.
4 (b) All funds, fines, or penalties collected or assessed under Subsection (2)(a) shall be
5 deposited in the Uninsured Employers' Fund created by Section [
6 for the purposes of that fund.
7 (3) All forms and records kept by the [
8 Section [
9 section.
10 (4) The [
11 [
12 criminal action in the name of the state to enforce the provisions of this chapter or Chapter 3, Utah
13 Occupational Disease Act.
14 Section 102. Section 34A-2-210 is enacted to read:
15 34A-2-210. Power to bring suit for noncompliance.
16 (1) (a) The commission or the division on behalf of the commission may maintain a suit
17 in any court of the state to enjoin any employer, within this chapter or Chapter 3, Utah
18 Occupational Disease Act, from further operation of the employer's business, when the employer
19 fails to provide for the payment of benefits in one of the three ways provided in Section
20 34A-2-201.
21 (b) Upon a showing of failure to provide for the payment of benefits, the court shall enjoin
22 the further operation of the employer's business until the payment of these benefits has been
23 secured by the employer as required by Section 34A-2-201. The court may enjoin the employer
24 without requiring bond from the commission or division.
25 (2) If the division has reason to believe that an employer is conducting a business without
26 securing the payment of compensation in one of the three ways provided in Section 34A-2-201,
27 the division may give the employer five days' written notice by registered mail of the
28 noncompliance and if the employer within the five days written notice does not remedy the default:
29 (a) the commission or the division on behalf of the commission may file suit under
30 Subsection (1); and
31 (b) the court may, ex parte, issue without bond a temporary injunction restraining the
1 further operation of the employer's business.
2 Section 103. Section 34A-2-211 (Effective 07/01/97), which is renumbered from Section
3 35A-3-204 (Effective 07/01/97) is renumbered and amended to read:
4 [
5 noncompliance to employer -- Enforcement power of division -- Penalty.
6 (1) (a) In addition to the remedies specified in Section [
7 [
8 conducting business without securing the payment of benefits in one of the three ways provided
9 in Section [
10 notice of the noncompliance by certified mail to the last-known address of the employer.
11 (b) If the employer does not remedy the default within 15 days after delivery of the notice,
12 the [
13 [
14 Section [
15 (c) If it is found that the employer has failed to provide for the payment of benefits in one
16 of the three ways provided in Section [
17 [
18 (2) (a) In addition to the remedies specified in Subsection (1) and Section [
19 34A-2-210, the [
20 of:
21 (i) $1,000; or
22 (ii) three times the amount of the premium the employer would have paid for workers'
23 compensation insurance based on the rate filing of the Workers' Compensation Fund of Utah
24 during the period of noncompliance.
25 (b) [
26 and rate multipliers to the payroll basis under Subsection (2)(c), using the highest rated employee
27 class code applicable to the employer's operations.
28 (c) The payroll basis for the purpose of calculating the premium penalty shall be 150%
29 of the state's average weekly wage multiplied by the highest number of workers employed by the
30 employer during the period of the employer's noncompliance multiplied by the number of weeks
31 of the employer's noncompliance up to a maximum of 156 weeks.
1 (3) The penalty imposed under Subsection (2) shall be deposited in the Uninsured
2 Employers' Fund created by Section [
3 fund.
4 (4) (a) An employer who disputes the determination, imposition, or amount of a penalty
5 imposed under Subsection (3) shall request a hearing before an administrative law judge within
6 [
7 the [
8 (b) The employer's request for a hearing under Subsection (4)(a) shall specify the facts and
9 grounds that are the basis of the employer's objection to the determination, imposition, or amount
10 of the penalty.
11 (c) An administrative law judge's [
12 pursuant to Part 8, Adjudication.
13 (5) (a) After a penalty [
14 commission the [
15 uncollected penalty in the district court.
16 (b) The abstract filed under Subsection (5)(a) shall state:
17 (i) the amount of the uncollected penalty[
18 (ii) reasonable attorneys' fees[
19 (iii) costs of collection[
20 (iv) court costs.
21 (c) The filed abstract shall have the effect of a judgment of that court.
22 (6) Any [
23 shall:
24 (a) be in writing;
25 (b) be sent by certified mail to the last-known address of the employer;
26 (c) state the findings and [
27 (d) specify its effective date, which may be immediate or may be at a later date.
28 (7) The final order of the [
29 by the [
30 the order to a court of general jurisdiction in any county in this state, may be enforced by an order
31 to comply entered ex parte and without notice by the court.
1 Section 104. Section 34A-2-212 (Effective 07/01/97), which is renumbered from Section
2 35A-3-211 (Effective 07/01/97) is renumbered and amended to read:
3 [
4 in district court -- Enforcing judgment.
5 (1) (a) An abstract of any final order providing an award may be filed under this chapter
6 or Chapter 3, Utah Occupational Disease Act, in the office of the clerk of the district court of any
7 county in the state[
8 (b) The abstract shall be docketed in the judgment docket of the district court where the
9 abstract is filed. The time of the receipt of the abstract shall be noted on the abstract by the clerk
10 of the district court and entered in the docket.
11 (c) When [
12 constitute a lien from the time of [
13 situated in the county, for a period of eight years from the date of the [
14 [
15 (d) Execution may be issued on the lien within the same time and in the same manner and
16 with the same effect as if said award were a judgment of the district court.
17 (2) [
18 county attorney for the county in which the applicant or the employer resides, depending on the
19 district in which the final [
20 by the [
21 (b) In an action to enforce [
22 under Subsection (1), reasonable attorney's fees and court costs shall be allowed in addition to the
23 award.
24 Section 105. Section 34A-2-301 (Effective 07/01/97), which is renumbered from Section
25 35A-3-301 (Effective 07/01/97) is renumbered and amended to read:
26
27 [
28 employment to be safe -- Willful neglect -- Penalty.
29 (1) An employer may not:
30 (a) construct, occupy, or maintain any place of employment that is not safe;
31 (b) require or knowingly permit any employee to be in any employment or place of
1 employment that is not safe;
2 (c) fail to provide and use safety devices and safeguards;
3 (d) remove, disable, or bypass safety devices and safeguards;
4 (e) fail to obey [
5 (f) fail to obey rules of the commission;
6 [
7 employment and place of employment safe; or
8 [
9 health, and safety[
10 (2) [
11 in case of injury resulting in death, when injury is caused by the willful failure of an employer to
12 comply with:
13 (a) the law [
14 (b) a rule of the commission;
15 (c) any lawful order of the [
16 (d) the employer's own written workplace safety program[
17
18 Section 106. Section 34A-2-302 (Effective 07/01/97), which is renumbered from Section
19 35A-3-302 (Effective 07/01/97) is renumbered and amended to read:
20 [
21 misconduct.
22 (1) An employee may not:
23 (a) remove, displace, damage, destroy, or carry away any safety device or safeguard
24 provided for use in any employment or place of employment, or interfere in any way with the use
25 thereof by any other person;
26 (b) interfere with the use of any method or process adopted for the protection of any
27 employee in [
28 (c) fail or neglect to follow and obey orders and to do every other thing reasonably
29 necessary to protect the life, health, and safety[
30 (2) Except in case of injury resulting in death:
31 (a) Compensation provided for by this chapter shall be reduced 15% when injury is caused
1 by the willful failure of the employee:
2 (i) to use safety devices when provided by the employer; or
3 (ii) to obey any order or reasonable rule adopted by the employer for the safety of the
4 employee.
5 (b) Except when the employer permitted, encouraged, or had actual knowledge of the
6 conduct described in Subsection (2)(b)(i) through (iii), [
7 not be awarded under this chapter or Chapter 3, Utah Occupational Disease Act, to an employee
8 when the major contributing cause of the employee's injury is the employee's:
9 (i) use of illegal substances;
10 (ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
11 (iii) intoxication from alcohol with a blood or breath alcohol concentration of.08 grams
12 or greater as shown by a chemical test.
13 Section 107. Section 34A-2-401 (Effective 07/01/97), which is renumbered from Section
14 35A-3-401 (Effective 07/01/97) is renumbered and amended to read:
15
16 [
17 industrial accidents to be paid.
18 (1) Each employee described in Section [
19 dependents of each such employee who is killed, by accident arising out of and in the course of
20 [
21 self-inflicted, shall be paid compensation for loss sustained on account of the injury or death, and
22 such amount for medical, nurse, and hospital services and medicines, and, in case of death, such
23 amount of funeral expenses, as provided in this chapter.
24 (2) The responsibility for compensation and payment of medical, nursing, and hospital
25 services and medicines, and funeral expenses provided under this chapter shall be on the employer
26 and its insurance carrier and not on the employee.
27 Section 108. Section 34A-2-402 (Effective 07/01/97), which is renumbered from Section
28 35A-3-402 (Effective 07/01/97) is renumbered and amended to read:
29 [
30 claims.
31 (1) Physical, mental, or emotional injuries related to mental stress arising out of and in the
1 course of employment shall be compensable under this chapter only when there is a sufficient legal
2 and medical causal connection between the employee's injury and employment.
3 (2) (a) Legal causation requires proof of extraordinary mental stress from a sudden
4 stimulus arising predominantly and directly from employment.
5 (b) The extraordinary and sudden nature of the alleged mental stress is judged according
6 to an objective standard in comparison with contemporary national employment and
7 nonemployment life.
8 (3) Medical causation requires proof that the physical, mental, or emotional injury was
9 medically caused by the mental stress that is the legal cause of the physical, mental, or emotional
10 injury.
11 (4) Good faith employer personnel actions including disciplinary actions, work
12 evaluations, job transfers, layoffs, demotions, promotions, terminations, or retirements, may not
13 form the basis of compensable mental stress claims under this chapter.
14 (5) Alleged discrimination, harassment, or unfair labor practices otherwise actionable at
15 law may not form the basis of compensable mental stress claims under this chapter.
16 (6) An employee who alleges a compensable industrial accident involving mental stress
17 bears the burden of proof to establish legal and medical causation by a preponderance of the
18 evidence.
19 Section 109. Section 34A-2-403 (Effective 07/01/97), which is renumbered from Section
20 35A-3-403 (Effective 07/01/97) is renumbered and amended to read:
21 [
22 Presumption.
23 (1) The following persons shall be presumed to be wholly dependent for support upon a
24 deceased employee:
25 (a) [
26 or mentally incapacitated and dependent upon the parent, with whom [
27 at the time of the death of the parent, or who is legally bound for [
28 (b) for purposes of payments to be made under Subsection [
29 34A-2-702(5)(a)(i), a surviving spouse [
30 with whom the [
31 (2) (a) In a case not provided for in Subsection (1), the question of dependency, in whole
1 or in part, shall be determined in accordance with the facts in each particular case existing at the
2 time of the injury or death of an employee, except for purposes of dependency reviews under
3 Subsection [
4 (b) A person [
5 (i) a member of the family of the deceased employee[
6 (ii) the spouse of the deceased employee[
7 (iii) a lineal descendant[
8 (iv) brother or sister of the deceased employee.
9 (3) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
10 (a) "[
11 (b) "[
12 (i) a posthumous child[
13 (ii) a child legally adopted prior to the injury.
14 Section 110. Section 34A-2-404 (Effective 07/01/97), which is renumbered from Section
15 35A-3-404 (Effective 07/01/97) is renumbered and amended to read:
16 [
17 (1) A minor [
18 Chapter 3, Utah Occupational Disease Act, and no other person shall have any cause of action or
19 right to compensation for an injury to the minor employee.
20 (2) Notwithstanding Subsection (1), in the event of the award of a lump sum of
21 compensation to a minor employee, the sum shall be paid only to the minor's legally appointed
22 guardian.
23 Section 111. Section 34A-2-405 (Effective 07/01/97), which is renumbered from Section
24 35A-3-405 (Effective 07/01/97) is renumbered and amended to read:
25 [
26 outside state -- Entitled to compensation -- Limitation of time.
27 (1) Except as provided in Subsection (2), if an employee who has been hired or is regularly
28 employed in this state receives personal injury by accident arising out of and in the course of
29 employment outside of this state, [
30 of [
31 (2) This section applies only to those injuries received by the employee within six months
1 after leaving this state, unless prior to the expiration of the six-month period the employer has filed
2 with the [
3 a greater period of time.
4 Section 112. Section 34A-2-406 (Effective 07/01/97), which is renumbered from Section
5 35A-3-406 (Effective 07/01/97) is renumbered and amended to read:
6 [
7 chapter for employees temporarily in state -- Conditions -- Evidence of insurance.
8 (1) Any employee who has been hired in another state and [
9 are exempt from this chapter and Chapter 3, Utah Occupational Disease Act, while the employee
10 is temporarily within this state doing work for [
11 (a) the employer has furnished workers' compensation insurance coverage under the
12 workers' compensation or similar laws of the other state;
13 (b) the coverage covers the employee's employment while in this state; and
14 (c) (i) the extraterritorial provisions of this chapter and Chapter 3 are recognized in the
15 other state and employers and employees who are covered in this state are likewise exempted from
16 the application of the workers' compensation or similar laws of the other state; or
17 (ii) the Workers Compensation Fund of Utah:
18 (A) is an admitted insurance carrier in the other state; or
19 (B) has agreements with [
20 insurance or similar coverage to Utah employers and their subsidiaries or affiliates doing business
21 in the other state.
22 (2) The benefits under the workers' compensation or similar laws of the other state are the
23 exclusive remedy against an employer for any injury, whether resulting in death or not, received
24 by an employee while working for the employer in this state.
25 (3) A certificate from an authorized officer of the industrial commission or similar
26 department of the other state certifying that the employer is insured in the other state and has
27 provided extraterritorial coverage insuring [
28 state is prima facie evidence that the employer carries compensation insurance.
29 Section 113. Section 34A-2-407 (Effective 07/01/97), which is renumbered from Section
30 35A-3-407 (Effective 07/01/97) is renumbered and amended to read:
31 [
1 industrial injuries -- Regulation of health care providers.
2 (1) Any employee sustaining an injury arising out of and in the course of employment
3 shall provide notification to the employee's employer promptly of the injury. If the employee is
4 unable to provide notification, the employee's next-of-kin or attorney may provide notification of
5 the injury to the employee's employer.
6 (2) Any employee who fails to notify [
7 division within 180 days of an injury is barred for any claim of benefits arising from the injury.
8 (3) [
9 (a) an employer's or physician's injury report filed with the [
10 employer, or insurance carrier; or
11 (b) the payment of any medical or disability benefits by the employer or the employer's
12 insurance carrier[
13 (4) (a) [
14 employer shall file a report with the [
15 (i) work-related fatality; or [
16 (ii) work-related injury resulting in:
17 (A) medical treatment[
18 (B) loss of consciousness[
19 (C) loss of work[
20 (D) restriction of work[
21 (E) transfer to another job.
22 (b) The employer shall file the report required by Subsection (4)(a) within seven days
23 after:
24 (i) the occurrence of a fatality or injury;
25 (ii) the employer's first knowledge of the fatality or injury; or
26 (iii) the employee's notification of the fatality or injury.
27 [
28 previously reported injury that later resulted in death. The subsequent report shall be filed with
29 the [
30 (i) the death; or
31 (ii) the employer's first knowledge or notification of the death. [
1 (d) A report is not required for minor injuries, such as cuts or scratches that require
2 first-aid treatment only, unless a treating physician files, or is required to file, the Physician's
3 Initial Report of Work Injury or Occupational Disease with the [
4 (5) Each employer shall provide the employee with:
5 (a) a copy of the report submitted to the [
6
7 (b) a statement, as prepared by the [
8 responsibilities related to the industrial injury.
9 (6) Each employer shall maintain a record in a manner prescribed by the [
10 division of all:
11 (b) work-related fatalities; or
12 (c) work-related injuries resulting in:
13 (i) medical treatment[
14 (ii) loss of consciousness[
15 (iii) loss of work[
16 (iv) restriction of work[
17 (v) transfer to another job.
18 (7) Any employer who refuses or neglects to make reports, to maintain records, or to file
19 reports with the [
20 misdemeanor and subject to citation under Section [
21 as provided under Section [
22 employer has shown good cause for submitting a report later than required by this section.
23 (8) (a) Except as provided in Subsection (8)(c) all physicians, surgeons, and other health
24 providers attending injured employees shall:
25 (i) comply with all the rules, including the schedule of fees, for their services as adopted
26 by the [
27 (ii) make reports to the [
28 condition and treatment of an injured employee or as to any other matter concerning industrial
29 cases they are treating.
30 (b) A physician, as defined in Subsection [
31 with, employed by, or bills through a hospital is subject to Subsection (8)(a).
1 (c) A hospital is not subject to the requirements of Subsection (8)(a).
2 (d) The [
3 remuneration to be paid to providers of health services based on:
4 (i) the severity of the employee's condition[
5 (ii) the nature of the treatment necessary[
6 (iii) the facilities or equipment specially required to deliver that treatment.
7 (e) Subsection (8) does not modify contracts with providers of health services relating to
8 the pricing of goods and services existing on May 1, 1995.
9 (f) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, a physician,
10 surgeon, or other health provider may file with the Division of Adjudication an application for
11 hearing to appeal a decision or final order to the extent it concerns the fees charged by the
12 physician, surgeon, or other health provider in accordance with this section.
13 (9) A copy of the physician's initial report shall be furnished to [
14 (a) the division;
15 (b) the employee[
16 (c) the employer or its insurance carrier.
17 (10) Any physician, surgeon, or other health provider, excluding any hospital, who refuses
18 or neglects to make any report or comply with this section is guilty of a class C misdemeanor for
19 each offense, unless the [
20 report.
21 Section 114. Section 34A-2-408 (Effective 07/01/97), which is renumbered from Section
22 35A-3-408 (Effective 07/01/97) is renumbered and amended to read:
23 [
24 None for first three days after injury unless disability extended.
25 (1) (a) Except as provided in Subsection [
26 be allowed for the first three days after the injury is received[
27 (b) The disbursements authorized in this chapter or Chapter 3, Utah Occupational Disease
28 Act, for medical, nurse and hospital services, and for medicines and funeral expenses are payable
29 for the first three days after the injury is received.
30 (2) If the period of total temporary disability lasts more than 14 days, compensation shall
31 also be payable for the first three days after the injury is received.
1 Section 115. Section 34A-2-409 (Effective 07/01/97), which is renumbered from Section
2 35A-3-409 (Effective 07/01/97) is renumbered and amended to read:
3 [
4 wage -- Basis of computation.
5 (1) Except as otherwise provided in this chapter or Chapter 3, Utah Occupational Disease
6 Act, the average weekly wage of the injured employee at the time of the injury [
7 is the basis upon which to compute the weekly compensation rate and shall be determined as
8 follows:
9 (a) [
10 shall be that yearly wage divided by 52[
11 (b) [
12 wage shall be that monthly wage divided by 4-1/3[
13 (c) [
14 the average weekly wage[
15 (d) [
16 be determined by multiplying the daily wage by the greater of:
17 (i) the number of days and fraction of days in the week during which the employee under
18 a contract of hire was working at the time of the accident, or would have worked if the accident
19 had not intervened[
20 (ii) three [
21 (e) [
22 wage shall be determined by multiplying the hourly rate by the greater of:
23 (i) the number of hours the employee would have worked for the week if the accident had
24 not intervened[
25 (ii) 20 [
26 (f) [
27 ascertained, the average weekly wage for the purpose of calculating compensation shall be the
28 usual wage for similar services where those services are rendered by paid employees[
29 (g) (i) [
30 the average weekly wage shall be the wage most favorable to the employee computed by dividing
31 by 13 the wages, not including overtime or premium pay, of the employee earned through that
1 employer in the first, second, third, or fourth period of 13 consecutive calendar weeks in the 52
2 weeks immediately preceding the injury[
3 (ii) [
4 immediately preceding the injury, [
5 as under Subsection (1)(g)(i), presuming the wages, not including overtime or premium pay, to be
6 the amount [
7 full 13 calendar weeks immediately preceding the injury and had worked, when work was
8 available to other employees, in a similar occupation.
9 (2) If none of the methods in Subsection (1) will fairly determine the average weekly wage
10 in a particular case, the [
11 facts presented, fairly determine the employee's average weekly wage.
12 (3) When the average weekly wage of the injured employee at the time of the injury is
13 determined in accordance with this section, it shall be taken as the basis upon which to compute
14 the weekly compensation rate. After the weekly compensation [
15 rounded to the nearest dollar.
16 (4) If it is established that the injured employee was of such age and experience when
17 injured that under natural conditions [
18 that fact may be considered in arriving at [
19 Section 116. Section 34A-2-410 (Effective 07/01/97), which is renumbered from Section
20 35A-3-410 (Effective 07/01/97) is renumbered and amended to read:
21 [
22 disability -- Amount of payments -- State average weekly wage defined.
23 (1) (a) In case of temporary disability, so long as the disability is total, the employee shall
24 receive 66-2/3% of that employee's average weekly wages at the time of the injury [
25
26 (i) not more than a maximum of 100% of the state average weekly wage at the time of the
27 injury per week; and
28 (ii) not less than a minimum of $45 per week plus $5 for a dependent spouse and $5 for
29 each dependent child under the age of 18 years, up to a maximum of four dependent children, not
30 to exceed the average weekly wage of the employee at the time of the injury, but not to exceed
31 100% of the state average weekly wage at the time of the injury per week.
1 (b) In no case shall the compensation benefits exceed 312 weeks at the rate of 100% of the
2 state average weekly wage at the time of the injury over a period of eight years from the date of
3 the injury.
4 (2) In the event a light duty medical release is obtained prior to the employee reaching a
5 fixed state of recovery, and when no light duty employment is available to the employee from the
6 employer, temporary disability benefits shall continue to be paid.
7 (3) The "state average weekly wage" as referred to in this chapter and Chapter [
8 Occupational Disease Act, shall be determined by the [
9 (a) On or before June 1 of each year, the total wages reported on contribution reports to
10 the Division of [
11 the preceding calendar year shall be divided by the average monthly number of insured workers
12 determined by dividing the total insured workers reported for the preceding year by 12.
13 (b) The average annual wage obtained under Subsection (3)(a) shall be divided by 52.
14 (c) The average weekly wage determined under Subsection (3)(b) is rounded to the nearest
15 dollar.
16 (4) The state average weekly wage determined under Subsection (3) shall be used as the
17 basis for computing the maximum compensation rate for:
18 (a) injuries or disabilities arising from occupational disease that occurred during the
19 twelve-month period commencing July 1 following the June 1 determination[
20 (b) any death resulting from the injuries or disabilities arising from occupational disease.
21 Section 117. Section 34A-2-411 (Effective 07/01/97), which is renumbered from Section
22 35A-3-411 (Effective 07/01/97) is renumbered and amended to read:
23 [
24 disability -- Amount of payments.
25 (1) If the injury causes temporary partial disability for work, the employee shall receive
26 weekly compensation equal to:
27 (a) 66-2/3% of the difference between the employee's average weekly wages before the
28 accident and the weekly wages the employee is able to earn after the accident, but not more than
29 100% of the state average weekly wage at the time of injury; plus
30 (b) $5 for a dependent spouse and $5 for each dependent child under the age of 18 years,
31 up to a maximum of four such dependent children, but only up to a total weekly compensation that
1 does not exceed 100% of the state average weekly wage at the time of injury.
2 (2) The [
3 disability for work at any time prior to eight years after the date of the injury to an employee:
4 (a) whose physical condition resulting from the injury is not finally healed and fixed eight
5 years after the date of injury; and
6 (b) who files an application for hearing under Section [
7 (3) The duration of weekly payments may not exceed 312 weeks nor continue more than
8 eight years after the date of the injury. Payments shall terminate when the disability ends or the
9 injured employee dies.
10 Section 118. Section 34A-2-412 (Effective 07/01/97), which is renumbered from Section
11 35A-3-412 (Effective 07/01/97) is renumbered and amended to read:
12 [
13 disability -- Scale of payments.
14 (1) An employee who sustained a permanent impairment as a result of an industrial
15 accident and who files an application for hearing under Section [
16 receive a permanent partial disability award from the [
17 (2) Weekly payments may not in any case continue after the disability ends, or the death
18 of the injured person.
19 (3) (a) In the case of the [
20 compensation shall be 66-2/3% of that employee's average weekly wages at the time of the injury,
21 but not more than a maximum of 66-2/3% of the state average weekly wage at the time of the
22 injury per week and not less than a minimum of $45 per week plus $5 for a dependent spouse and
23 $5 for each dependent child under the age of 18 years, up to a maximum of four dependent
24 children, but not to exceed 66-2/3% of the state average weekly wage at the time of the injury per
25 week[
26 (b) The compensation determined under Subsection (3)(a) shall be:
27 (i) paid in routine pay periods not to exceed four weeks for the number of weeks [
28
29 (ii) in addition to the compensation provided for temporary total disability and temporary
30 partial disability[
31 (4) For the loss of: Number of Weeks
1 (a) Upper extremity
2 (i) Arm
3 (A) Arm and shoulder (forequarter amputation) 218
4 (B) Arm at shoulder joint, or above deltoid insertion 187
5 (C) Arm between deltoid insertion and elbow joint, at elbow joint, or
6 below elbow joint proximal to insertion of biceps tendon 178
7 (D) Forearm below elbow joint distal to insertion of biceps tendon 168
8 (ii) Hand
9 (A) At wrist or midcarpal or midmetacarpal amputation 168
10 (B) All fingers except thumb at metacarpophalangeal joints 101
11 (iii) Thumb
12 (A) At metacarpophalangeal joint or with resection of
13 carpometacarpal bone 67
14 (B) At interphalangeal joint 50
15 (iv) Index finger
16 (A) At metacarpophalangeal joint or with resection of metacarpal bone 42
17 (B) At proximal interphalangeal joint 34
18 (C) At distal interphalangeal joint 18
19 (v) Middle finger
20 (A) At metacarpophalangeal joint or with resection of metacarpal bone 34
21 (B) At proximal interphalangeal joint 27
22 (C) At distal interphalangeal joint 15
23 (vi) Ring finger
24 (A) At metacarpophalangeal joint or with resection of metacarpal bone 17
25 (B) At proximal interphalangeal joint 13
26 (C) At distal interphalangeal joint 8
27 (vii) Little finger
28 (A) At metacarpophalangeal joint or with resection of metacarpal bone 8
29 (B) At proximal interphalangeal joint 6
30 (C) At distal interphalangeal joint 4
31 (b) Lower extremity
1 (i) Leg
2 (A) Hemipelvectomy (leg, hip and pelvis) 156
3 (B) Leg at hip joint or three inches or less below tuberosity of ischium 125
4 (C) Leg above knee with functional stump, at knee joint or Gritti-Stokes
5 amputation or below knee with short stump (three inches or less below
6 intercondylar notch) 112
7 (D) Leg below knee with functional stump 88
8 (ii) Foot
9 (A) Foot at ankle 88
10 (B) Foot partial amputation (Chopart's) 66
11 (C) Foot midmetatarsal amputation 44
12 (iii) Toes
13 (A) Great toe
14 (I) With resection of metatarsal bone 26
15 (II) At metatarsophalangeal joint 16
16 (III) At interphalangeal joint 12
17 (B) Lesser toe (2nd -- 5th)
18 (I) With resection of metatarsal bone 4
19 (II) At metatarsophalangeal joint 3
20 (III) At proximal interphalangeal joint 2
21 (IV) At distal interphalangeal joint 1
22 (C) All toes at metatarsophalangeal joints 26
23 (iv) Miscellaneous
24 (A) One eye by enucleation 120
25 (B) Total blindness of one eye 100
26 (C) Total loss of binaural hearing 109
27 [
28 member. Partial loss or partial loss of use shall be a percentage of the complete loss or loss of use
29 of the member. This [
30 in [
31 [
1 otherwise provided for in the schedule of losses in this section, permanent partial disability
2 compensation shall be awarded by the [
3 (b) Compensation for any [
4 closely as possible, be proportionate to the specific losses in the schedule set forth in this section.
5 (c) Permanent partial disability compensation may not [
6 (i) exceed 312 weeks, which shall be considered the period of compensation for permanent
7 total loss of bodily function[
8 (ii) be paid for any permanent impairment that existed prior to an industrial accident.
9 [
10 maximum weekly amount payable as specified in this section, and in no event shall more than a
11 maximum of 66-2/3% of the state average weekly wage at the time of the injury for a total of 312
12 weeks in compensation be required to be paid.
13 Section 119. Section 34A-2-413 (Effective 07/01/97), which is renumbered from Section
14 35A-3-413 (Effective 07/01/97) is renumbered and amended to read:
15 [
16 disability -- Amount of payments -- Rehabilitation.
17 (1) (a) In cases of permanent total disability resulting from an industrial accident or
18 occupational disease, the employee shall receive compensation as outlined in this section.
19 (b) To establish entitlement to permanent total disability compensation, the employee has
20 the burden of proof to show by a preponderance of evidence that:
21 (i) the employee sustained a significant impairment or combination of impairments as a
22 result of the industrial accident or occupational disease that gives rise to the permanent total
23 disability entitlement;
24 (ii) the employee is permanently totally disabled; and
25 (iii) the industrial accident or occupational disease was the direct cause of the employee's
26 permanent total disability.
27 (c) To find an employee permanently totally disabled, the [
28 conclude that:
29 (i) the employee is not gainfully employed;
30 (ii) the employee has an impairment or combination of impairments that limit the
31 employee's ability to do basic work activities;
1 (iii) the industrial or occupationally caused impairment or combination of impairments
2 prevent the employee from performing the essential functions of the work activities for which the
3 employee has been qualified until the time of the industrial accident or occupational disease that
4 is the basis for the employee's permanent total disability claim; and
5 (iv) the employee cannot perform other work reasonably available, taking into
6 consideration the employee's age, education, past work experience, medical capacity, and residual
7 functional capacity.
8 (d) Evidence of an employee's entitlement to disability benefits other than those provided
9 under this chapter and Chapter 3, Utah Occupational Disease Act, if relevant, may be presented
10 to the [
11 under this chapter and Chapter [
12 (2) For permanent total disability compensation during the initial 312-week entitlement,
13 compensation shall be 66-2/3% of the employee's average weekly wage at the time of the injury,
14 limited as follows:
15 (a) [
16 average weekly wage at the time of the injury[
17 (b) [
18 plus $5 for a dependent spouse, plus $5 for each dependent child under the age of 18 years, up to
19 a maximum of four dependent minor children, but not exceeding the maximum established in
20 Subsection (2)(a) nor exceeding the average weekly wage of the employee at the time of the
21 injury[
22 (c) [
23 Subsection (2)(b) shall be 36% of the current state average weekly wage, rounded to the nearest
24 dollar.
25 (3) For claims resulting from an accident or disease arising out of and in the course of the
26 employee's employment on or before June 30, 1994:
27 (a) The employer or its insurance carrier is liable for the initial 312 weeks of permanent
28 total disability compensation except as outlined in Section [
29 the date of injury.
30 (b) The employer or its insurance carrier may not be required to pay compensation for any
31 combination of disabilities of any kind, as provided in this section and Sections [
1 34A-2-410 through [
2 [
3 weeks at the applicable permanent total disability compensation rate under Subsection (2).
4 (c) Any overpayment of this compensation shall be reimbursed to the employer or its
5 insurance carrier by the Employers' Reinsurance Fund and shall be paid out of the Employers'
6 Reinsurance Fund's liability to the employee.
7 (d) After an employee has received compensation from [
8 insurance carrier, or the Employers' Reinsurance Fund for any combination of disabilities
9 amounting to 312 weeks of compensation at the applicable permanent total disability
10 compensation rate, the Employers' Reinsurance Fund shall pay all remaining permanent total
11 disability compensation.
12 (e) Employers' Reinsurance Fund payments shall commence immediately after the
13 employer or its insurance carrier has satisfied its liability under Subsection (3) or Section
14 [
15 (4) For claims resulting from an accident or disease arising out of and in the course of the
16 employee's employment on or after July 1, 1994:
17 (a) The employer or its insurance carrier is liable for permanent total disability
18 compensation.
19 (b) The employer or its insurance carrier may not be required to pay compensation for any
20 combination of disabilities of any kind, as provided in this section and Sections [
21 34A-2-410 through [
22 [
23 weeks at the applicable permanent total disability compensation rate under Subsection (2).
24 (c) Any overpayment of this compensation shall be recouped by the employer or its
25 insurance carrier by reasonably offsetting the overpayment against future liability paid before or
26 after the initial 312 weeks.
27 (5) Notwithstanding the minimum rate established in Subsection (2), the compensation
28 payable by the employer, its insurance carrier, or the Employers' Reinsurance Fund, after an
29 employee has received compensation from the employer or the employer's insurance carrier for
30 any combination of disabilities amounting to 312 weeks of compensation at the applicable total
31 disability compensation rate, shall be reduced, to the extent allowable by law, by the dollar amount
1 of 50% of the Social Security retirement benefits received by the employee during the same period.
2 (6) (a) A finding by the [
3 unless otherwise agreed to by the parties, until:
4 (i) [
5 activities undertaken pursuant to Chapter [
6 (ii) the employer or its insurance carrier submits to the [
7 judge a reemployment plan as prepared by a qualified rehabilitation provider reasonably designed
8 to return the employee to gainful employment or the employer or its insurance carrier provides the
9 [
10 submit a plan; and
11 (iii) the [
12 unless otherwise stipulated, to consider evidence regarding rehabilitation and to review any
13 reemployment plan submitted by the employer or its insurance carrier under Subsection (6)(a)(ii).
14 (b) Prior to the finding becoming final, the [
15 order:
16 (i) the initiation of permanent total disability compensation payments to provide for the
17 employee's subsistence[
18 (ii) the payment of any undisputed disability or medical benefits due the employee.
19 (c) The employer or its insurance carrier shall be given credit for any disability payments
20 made under Subsection (6)(b) against its ultimate disability compensation liability under this
21 chapter or Chapter [
22 [
23 be ordered to submit a reemployment plan. If the employer or its insurance carrier voluntarily
24 submits a plan[
25 (i) The plan may include retraining, education, medical and disability compensation
26 benefits, job placement services, or incentives calculated to facilitate reemployment funded by the
27 employer or its insurance carrier.
28 (ii) The plan shall include payment of reasonable disability compensation to provide for
29 the employee's subsistence during the rehabilitation process.
30 (iii) The employer or its insurance carrier shall diligently pursue the reemployment plan.
31 The employer's or insurance carrier's failure to diligently pursue the reemployment plan shall be
1 cause for the [
2 motion to [
3 [
4 possible, the [
5 permanent total disability compensation benefits.
6 (7) (a) The period of benefits commences on the date the employee became permanently
7 totally disabled, as determined by [
8 facts and evidence, and ends:
9 (i) with the death of the employee; or
10 (ii) when the employee is capable of returning to regular, steady work.
11 (b) An employer or its insurance carrier may provide or locate for a permanently totally
12 disabled employee reasonable, medically appropriate, part-time work in a job earning at least
13 minimum wage provided that employment may not be required to the extent that it would
14 disqualify the employee from Social Security disability benefits.
15 (c) An employee shall fully cooperate in the placement and employment process and
16 accept the reasonable, medically appropriate, part-time work.
17 (d) In a consecutive four-week period when an employee's gross income from the work
18 provided under Subsection (7)(b) exceeds $500, the employer or insurance carrier may reduce the
19 employee's permanent total disability compensation by 50% of the employee's income in excess
20 of $500.
21 (e) If a work opportunity is not provided by the employer or its insurance carrier, a
22 permanently totally disabled employee may obtain medically appropriate, part-time work subject
23 to the offset provisions contained in Subsection (7)(d).
24 (f) (i) The [
25 work and offset[
26 (ii) [
27 Part 8, Adjudication.
28 (g) The employer or its insurance carrier shall have the burden of proof to show that
29 medically appropriate part-time work is available.
30 (h) The [
31 (i) excuse an employee from participation in any job that would require the employee to
1 undertake work exceeding the employee's medical capacity and residual functional capacity or for
2 good cause; or
3 (ii) allow the employer or its insurance carrier to reduce permanent total disability benefits
4 as provided in Subsection (7)(d) when reasonable, medically appropriate, part-time employment
5 has been offered but the employee has failed to fully cooperate.
6 (8) When an employee has been rehabilitated or the employee's rehabilitation is possible
7 but the employee has some loss of bodily function, the award shall be for permanent partial
8 disability.
9 (9) As determined by [
10 entitled to disability compensation, unless the employee fully cooperates with any evaluation or
11 reemployment plan under this chapter or Chapter 3, Utah Occupational Disease Act. The
12 [
13 employee [
14 unless the [
15 dismissal with prejudice.
16 (10) (a) The loss or permanent and complete loss of the use of both hands, both arms, both
17 feet, both legs, both eyes, or any combination of two such body members constitutes total and
18 permanent disability, to be compensated according to this section.
19 (b) A finding of permanent total disability pursuant to Subsection (10)(a) is final.
20 (11) (a) An insurer or self-insured employer may periodically reexamine a permanent total
21 disability claim, except those based on Subsection (10), for which the insurer or self-insured
22 employer had or has payment responsibility to determine whether the worker remains permanently
23 totally disabled.
24 (b) Reexamination may be conducted no more than once every three years after an award
25 is final, unless good cause is shown by the employer or its insurance carrier to allow more frequent
26 reexaminations.
27 (c) The reexamination may include:
28 (i) the review of medical records;
29 (ii) employee submission to reasonable medical evaluations;
30 (iii) employee submission to reasonable rehabilitation evaluations and retraining efforts;
31 (iv) employee disclosure of Federal Income Tax Returns;
1 (v) employee certification of compliance with Section [
2 (vi) employee completion of sworn affidavits or questionnaires approved by the
3 [
4 (d) The insurer or self-insured employer shall pay for the cost of a reexamination with
5 appropriate employee reimbursement pursuant to rule for reasonable travel allowance and per diem
6 as well as reasonable expert witness fees incurred by the employee in supporting the employee's
7 claim for permanent total disability benefits at the time of reexamination.
8 (e) If an employee fails to fully cooperate in the reasonable reexamination of a permanent
9 total disability finding, [
10 the employee's permanent total disability benefits until the employee cooperates with the
11 reexamination.
12 (f) (i) Should the reexamination of a permanent total disability finding reveal evidence that
13 reasonably raises the issue of an employee's continued entitlement to permanent total disability
14 compensation benefits, an insurer or self-insured employer may petition the [
15 of Adjudication for a rehearing on that issue. The petition shall be accompanied by documentation
16 supporting the insurer's or self-insured employer's belief that the employee is no longer
17 permanently totally disabled.
18 (ii) If the petition under Subsection (11)(f)(i) demonstrates good cause, [
19 as determined by the Division of Adjudication, an administrative law judge shall adjudicate the
20 issue at a hearing.
21 (iii) Evidence of an employee's participation in medically appropriate, part-time work may
22 not be the sole basis for termination of an employee's permanent total disability entitlement, but
23 the evidence of the employee's participation in medically appropriate, part-time work under
24 Subsection (7) may be considered in the reexamination or hearing with other evidence relating to
25 the employee's status and condition.
26 (g) In accordance with Section [
27 law judge may award reasonable attorneys fees to an attorney retained by an employee to
28 represent the employee's interests with respect to reexamination of the permanent total disability
29 finding, except if the employee does not prevail, the attorneys fees shall be set at $1000. The
30 attorneys fees shall be paid by the employer or its insurance carrier in addition to the permanent
31 total disability compensation benefits due.
1 (h) During the period of reexamination or adjudication if the employee fully cooperates,
2 each insurer, self-insured employer, or the Employers' Reinsurance Fund shall continue to pay the
3 permanent total disability compensation benefits due the employee.
4 (12) If any provision of this section, or the application of any provision to any person or
5 circumstance, is held invalid, the remainder of this section shall be given effect without the invalid
6 provision or application.
7 Section 120. Section 34A-2-414 (Effective 07/01/97), which is renumbered from Section
8 35A-3-414 (Effective 07/01/97) is renumbered and amended to read:
9 [
10 of death -- Distribution of award to dependents -- Death of dependents -- Remarriage of
11 surviving spouse.
12 (1) (a) The benefits in case of death shall be paid to [
13 of the decedent for the benefit of all the dependents, as may be determined by [
14
15 (b) The administrative law judge may apportion the benefits among the dependents in
16 [
17 (c) Payment to a dependent subsequent in right may be made, if the [
18 considers it proper, and shall operate to discharge all other claims.
19 (2) The dependents, or persons to whom benefits are paid, shall apply the same to the use
20 of the several beneficiaries thereof in compliance with the finding and direction of the
21 [
22 (3) In all cases of death [
23 (a) the dependents are a surviving spouse and one or more minor children, it shall be
24 sufficient for the [
25 Division of Adjudication on behalf of that individual and the minor children; and [
26 (b) all of the dependents are minors, the application shall be made by the guardian or next
27 friend of [
28 (4) The [
29 and interests of any minor dependents [
30 of doing so, provide a method of safeguarding any payments due [
31 (5) Should any dependent of a deceased employee die during the period covered by [
1 weekly payments authorized by this section, the right of [
2 compensation under this chapter or Chapter 3, Utah Occupational Disease Act, shall cease.
3 (6) [
4 who is receiving the benefits of this chapter [
5 right after [
6 in a lump sum the lesser of:
7 (i) the balance of the weekly compensation payments unpaid from the time of remarriage
8 to the end of six years or 312 weeks from the date of the injury from which death resulted[
9
10 (ii) an amount equal to 52 weeks of compensation at the weekly compensation rate the
11 surviving spouse was receiving at the time of such remarriage.
12 (b) (i) If there are other dependents remaining at the time of remarriage, benefits payable
13 under this chapter or Chapter 3, Utah Occupational Disease Act, shall be paid to such person as
14 [
15 dependents[
16 (ii) The weekly benefits to be paid under Subsection (6)(b)(i) shall be paid at intervals of
17 not less than four weeks.
18 Section 121. Section 34A-2-415 (Effective 07/01/97), which is renumbered from Section
19 35A-3-415 (Effective 07/01/97) is renumbered and amended to read:
20 [
21 to children and dependent spouse -- Effect of death, marriage, majority, or termination of
22 dependency of children -- Death, divorce, or remarriage of spouse.
23 [
24 dependent minor child or children, as provided in this chapter or Chapter 3, Utah Occupational
25 Disease Act, the award or increase in amount of the award shall cease at:
26 (1) the death, marriage, attainment of the age of eighteen years, or termination of
27 dependency of the minor child or children; or
28 (2) upon the death, divorce, or remarriage of the spouse of the employee, subject to [
29 the provisions in Section 34A-3-414 relative to the remarriage of a spouse [
30
31 Section 122. Section 34A-2-416 (Effective 07/01/97), which is renumbered from Section
1 35A-3-416 (Effective 07/01/97) is renumbered and amended to read:
2 [
3 benefits in special cases.
4 [
5 (1) An administrative law judge may extend indefinitely benefits received by a wholly
6 dependent person under this chapter or Chapter 3, Utah Occupational Disease Act, if at the
7 termination of [
8 (a) the wholly dependent person is still in a dependent condition[
9 (b) under all reasonable circumstances the wholly dependent person should be entitled to
10 additional benefits[
11 (2) If benefits are extended under Subsection (1):
12 (a) the liability of the employer or insurance carrier involved [
13 extended[
14 (b) the additional benefits allowed shall be paid out of the [
15
16 Section 123. Section 34A-2-417 (Effective 07/01/97), which is renumbered from Section
17 35A-3-417 (Effective 07/01/97) is renumbered and amended to read:
18 [
19 benefits -- Time limits for filing.
20 (1) Except with respect to prosthetic devices, in nonpermanent total disability cases an
21 employee's medical benefit entitlement ceases if for a period of three consecutive years the
22 employee does not:
23 (a) incur medical expenses reasonably related to the industrial accident[
24 (b) submit [
25 insurance carrier for payment[
26 (2) A claim for compensation for temporary total disability benefits, temporary partial
27 disability benefits, permanent partial disability benefits, or permanent total disability benefits is
28 barred, unless an application for hearing is filed with the [
29 within six years after the date of the accident.
30 (3) A claim for death benefits is barred unless an application for hearing is filed within one
31 year of the date of death of the employee.
1 Section 124. Section 34A-2-418 (Effective 07/01/97), which is renumbered from Section
2 35A-3-418 (Effective 07/01/97) is renumbered and amended to read:
3 [
4 Medical, nursing, hospital, and burial expenses -- Artificial means and appliances.
5 (1) In addition to the compensation provided in this chapter or Chapter 3, Utah
6 Occupational Disease Act, the employer or the insurance carrier shall pay reasonable sums for
7 medical, nurse, and hospital services, for medicines, and for artificial means, appliances, and
8 prostheses necessary to treat the injured employee.
9 (2) If death results from the injury, the employer or the insurance carrier shall pay the
10 burial expenses in ordinary cases as established by rule.
11 (3) If a compensable accident results in the breaking of or loss of an employee's artificial
12 means or appliance including eyeglasses, the employer or insurance carrier shall provide a
13 replacement of the artificial means or appliance.
14 (4) [
15 carrier to maintain the artificial means or appliances or provide the employee with a replacement
16 of any artificial means or appliance for the reason of breakage, wear and tear, deterioration, or
17 obsolescence.
18 (5) [
19 administrative law judge considers just and proper, the payment of additional sums:
20 (a) for burial expenses; or
21 (b) to provide for artificial means or appliances [
22
23 Section 125. Section 34A-2-419 (Effective 07/01/97), which is renumbered from Section
24 35A-3-419 (Effective 07/01/97) is renumbered and amended to read:
25 [
26 addition to compensation and benefits.
27 (1) (a) Subject to the approval of the [
28 payment of workers' compensation benefits for its employees under Section [
29 34A-2-201 may enter into or continue any agreement with [
30 provide compensation or other benefits in addition to the compensation and other benefits provided
31 by this chapter or Chapter 3, Utah Occupational Disease Act.
1 (b) An agreement may not be approved if it requires contributions from the employees,
2 unless it confers benefits in addition to those provided under this chapter or Chapter 3, Utah
3 Occupational Disease Act, at least commensurate with the contributions.
4 (c) (i) An agreement for additional benefits may be terminated by the [
5
6 (A) it appears that the agreement is not fairly administered[
7 (B) its operation discloses defects threatening its solvency[
8 (C) for any substantial reason it fails to accomplish the purposes of this chapter or Chapter
9 3, Utah Occupational Disease Act.
10 (d) If the agreement is terminated, the [
11 distribution of any remaining assets.
12 (e) The termination under Subsection (1)(c)(i) becomes a final order of the commission
13 effective 30 days from the date the division terminates the agreement, unless within the 30 days
14 either the employer or employee files an application for hearing with the Division of Adjudication
15 in accordance with Part 8, Adjudication. The application for hearing may contest:
16 (i) the recommendation to terminate the agreement;
17 (ii) the distribution of remaining assets after termination; or
18 (ii) both the recommendation to terminate and the distribution of remaining assets.
19 (2) (a) Any employer who makes a deduction from the wages or salary of any employee
20 to pay for the statutory benefits of this chapter or Chapter 3, Utah Occupational Disease Act, is
21 guilty of a class A misdemeanor.
22 (b) [
23 this chapter or Chapter 3, Utah Occupational Disease Act, may be construed as preventing the
24 employer and [
25 respecting hospital benefits and accommodations, medical and surgical services, nursing, and
26 medicines to be furnished to the employees as provided in this chapter or Chapter 3, Utah
27 Occupational Disease Act, if no direct or indirect profit is made by any employer as a result of the
28 contract or agreement.
29 (3) The purpose and intent of this section is that, where hospitals are maintained and
30 medical and surgical services and medicines furnished by the employer from payments by, or
31 assessments on, [
1 greater than necessary to make these benefits self-supporting for the care and treatment of [
2 employer's employees. Money received or retained by the employer from the employees for the
3 purpose of these benefits shall be paid and applied to these services. Any hospitals so maintained
4 in whole or in part by payments or assessment of employees are subject to the inspection and
5 supervision of the [
6 Section 126. Section 34A-2-420 (Effective 07/01/97), which is renumbered from Section
7 35A-3-420 (Effective 07/01/97) is renumbered and amended to read:
8 [
9 jurisdiction of commission -- Authority to destroy records -- Interest on award -- No
10 authority to change statutes of limitation -- Authority to approve final settlement claims.
11 (1) (a) The powers and jurisdiction of the [
12 be continuing. [
13 (b) After notice and hearing, the Division of Adjudication, commissioner, or Appeals
14 Board in accordance with Part 8, Adjudication, may from time to time modify or change [
15 former [
16 (c) This section may not be interpreted as modifying in any respect the statutes of
17 limitations contained in other sections of this chapter or Chapter 3, Utah Occupational Disease
18 Act.
19 (d) The commission may not in any respect change the statutes of limitation referred to
20 in Subsection (1)(c).
21 (2) Records pertaining to cases that have been closed and inactive for ten years, other than
22 cases of total permanent disability or cases in which a claim has been filed as in Section
23 [
24 (3) Awards made by [
25 at the rate of 8% per annum from the date when each benefit payment would have otherwise
26 become due and payable.
27 [
28
29
30 [
31
1 [
2
3 to enter into a full and final:
4 (a) compromise settlement of disputed medical, disability, or death benefit entitlements
5 under this chapter [
6 (b) commutation and settlement of reasonable future medical, disability, or death benefit
7 entitlements under this chapter [
8 structured settlement, or other appropriate payout.
9 Section 127. Section 34A-2-421 (Effective 07/01/97), which is renumbered from Section
10 35A-3-421 (Effective 07/01/97) is renumbered and amended to read:
11 [
12 payments.
13 [
14 same is deemed advisable, may commute [
15 payments.
16 Section 128. Section 34A-2-422 (Effective 07/01/97), which is renumbered from Section
17 35A-3-422 (Effective 07/01/97) is renumbered and amended to read:
18 [
19 exempt from execution.
20 Compensation before payment shall be exempt from all claims of creditors, and from
21 attachment or execution, and shall be paid only to employees or their dependents.
22 Section 129. Section 34A-2-501 (Effective 07/01/97), which is renumbered from Section
23 35A-3-501 (Effective 07/01/97) is renumbered and amended to read:
24
25 [
26 industrial noise defined.
27 (1) "Harmful industrial noise" means:
28 (a) sound that results in acoustic trauma such as sudden instantaneous temporary noise or
29 impulsive or impact noise exceeding 140 dB peak sound pressure levels; or
30 (b) the sound emanating from equipment and machines during employment exceeding the
31 following permissible sound levels, dBA slow response, and corresponding durations per day, in
1 hours:
2 Sound level Duration
3 90 8
4 92 6
5 95 4
6 97 3
7 100 2
8 102 1.5
9 105 1.0
10 110 0.5
11 115 0.25 or less
12 [
13
14
15 [
16 with frequencies of 500, 1,000, 2,000, and 3,000 cycles per second (Hertz). If the average decibel
17 loss at 500, 1,000, 2,000, and 3,000 cycles per second (Hertz) is 25 decibels or less, usually no
18 hearing impairment exists.
19 Section 130. Section 34A-2-502 (Effective 07/01/97), which is renumbered from Section
20 35A-3-502 (Effective 07/01/97) is renumbered and amended to read:
21 [
22 (1) The [
23 places of employment. [
24 (2) An administrative law judge may consider [
25 any other tests taken by authorities in the field of sound engineering, as evidence of harmful
26 industrial noise.
27 Section 131. Section 34A-2-503 (Effective 07/01/97), which is renumbered from Section
28 35A-3-503 (Effective 07/01/97) is renumbered and amended to read:
29 [
30 -- Occupational hearing loss due to noise to be compensated.
31 (1) Permanent hearing loss caused by exposure to harmful industrial noise or by direct
1 head injury shall be compensated according to the terms and conditions of this chapter or Chapter
2 3, Utah Occupational Disease Act.
3 (2) [
4 not be paid under this chapter or Chapter 3, Utah Occupational Disease Act, unless it can be
5 demonstrated by a professionally controlled sound test that the employee has been exposed to
6 harmful industrial noise as defined in Section [
7 employer against whom the claim is made.
8 Section 132. Section 34A-2-504 (Effective 07/01/97), which is renumbered from Section
9 35A-3-504 (Effective 07/01/97) is renumbered and amended to read:
10 [
11 -- Extent of employer's liability.
12 (1) An employer is liable only for the hearing loss of an employee that arises out of and
13 in the course of the employee's employment for that employer.
14 (2) If previous occupational hearing loss or nonoccupational hearing impairment is
15 established by competent evidence, the employer [
16 so established, whether or not compensation has previously been paid or awarded. The employer
17 is liable only for the difference between the percentage of hearing loss presently established and
18 that percentage of prior hearing loss established by preemployment audiogram or other competent
19 evidence.
20 (3) The date for compensation for occupational hearing loss shall be determined by the
21 date of direct head injury or the last date when harmful industrial noise contributed substantially
22 in causing the hearing loss.
23 Section 133. Section 34A-2-505 (Effective 07/01/97), which is renumbered from Section
24 35A-3-505 (Effective 07/01/97) is renumbered and amended to read:
25 [
26 -- Compensation for permanent partial disability.
27 (1) Compensation for permanent partial disability for binaural hearing loss shall be
28 determined by multiplying the percentage of binaural hearing loss by 109 weeks of compensation
29 benefits as provided in this chapter or Chapter 3, Utah Occupational Disease Act. [
30 (2) When an employee files one or more claims for hearing loss the percentage of hearing
31 loss previously found to exist shall be deducted from any subsequent award by the [
1 commission.
2 (3) In no event shall compensation benefits be paid for total or 100% binaural hearing loss
3 exceeding 109 weeks of compensation benefits.
4 Section 134. Section 34A-2-506 (Effective 07/01/97), which is renumbered from Section
5 35A-3-506 (Effective 07/01/97) is renumbered and amended to read:
6 [
7 -- Time for filing claim.
8 An employee's occupational hearing loss [
9 to Section [
10 (1) first suffered altered hearing; and
11 (2) knew, or in the exercise of reasonable diligence should have known, that the hearing
12 loss was caused by employment.
13 Section 135. Section 34A-2-507 (Effective 07/01/97), which is renumbered from Section
14 35A-3-507 (Effective 07/01/97) is renumbered and amended to read:
15 [
16 hearing loss.
17 (1) The degree of hearing loss shall be established, no sooner than six weeks after
18 termination of exposure to the harmful industrial noise, by audiometric determination of hearing
19 threshold level performed by medical or paramedical professionals recognized by the [
20 division, as measured from 0 decibels on an audiometer calibrated to ANSI-S3.6-1969, American
21 National Standard "Specifications for Audiometers" (1969).
22 (2) (a) In any evaluation of occupational hearing loss, only hearing levels at frequencies
23 of 500, 1,000, 2,000, and 3,000 cycles per second (Hertz) shall be considered. The individual
24 measurements for each ear shall be added together and then shall be divided by four to determine
25 the average decibel loss in each ear.
26 (b) To determine the percentage of hearing loss in each ear, the average decibel loss for
27 each decibel of loss exceeding 25 decibels shall be multiplied by 1.5% up to the maximum of
28 100% which is reached at 91.7 decibels.
29 (3) Binaural hearing loss or the percentage of binaural hearing loss is determined by:
30 (a) multiplying the percentage of hearing loss in the better ear by five[
31 (b) adding the amount under Subsection (3)(a) with the percentage of hearing loss in the
1 poorer ear[
2 (c) dividing the number calculated under Subsection (3)(b) by six. [
3
4 Section 136. Section 34A-2-601 (Effective 07/01/97), which is renumbered from Section
5 35A-3-601 (Effective 07/01/97) is renumbered and amended to read:
6
7 [
8 Medical director or medical consultants -- Discretionary authority of Division of
9 Adjudication to refer case -- Findings and reports -- Objections to report -- Hearing --
10 Expenses.
11 (1) (a) Upon the filing of a claim for compensation for injury by accident, or for death,
12 arising out of and in the course of employment, and if the employer or its insurance carrier denies
13 liability, the [
14 a medical panel appointed by [
15 (b) When a claim for compensation based upon disability or death due to an occupational
16 disease is filed with the [
17 law judge shall, except upon stipulation of all parties, appoint an impartial medical panel.
18 (c) A medical panel shall consist of one or more physicians specializing in the treatment
19 of the disease or condition involved in the claim.
20 (d) As an alternative method of obtaining an impartial medical evaluation of the medical
21 aspects of a controverted case, the [
22 consultants on a full-time or part-time basis for the purpose of evaluating the medical evidence and
23 advising [
24 judge's ultimate fact-finding responsibility.
25 (e) If all parties agree to the use of a medical director or medical consultants, [
26 medical director or medical consultants shall be allowed to function in the same manner and under
27 the same procedures as required of a medical panel.
28 (2) (a) The medical panel, medical director, or medical consultants shall make such study,
29 take such X-rays, and perform such tests, including post-mortem examinations if authorized by
30 the [
31 (b) The medical panel, medical director, or medical consultants shall make:
1 (i) a report in writing to the [
2 by the [
3 (ii) additional findings as the [
4 (c) In occupational disease cases, in addition to the requirements of Subsection (2)(b), the
5 panel shall certify to the [
6 (i) the extent, if any, of the disability of the claimant from performing work for
7 remuneration or profit[
8 (ii) whether the sole cause of the disability or death, in the opinion of the panel, results
9 from the occupational disease; and
10 (iii) whether any other causes have aggravated, prolonged, accelerated, or in any way
11 contributed to the disability or death, and if so, the extent in percentage to which the other causes
12 have so contributed.
13 [
14 of the report by certified mail with return receipt requested to:
15 (A) the applicant[
16 (B) the employer[
17 (C) the employer's insurance carrier [
18 (ii) Within 15 days after the report is deposited in the United States post office, the
19 applicant, the employer, or its insurance carrier may file with the [
20 judge written objections to the report.
21 (iii) If no written objections are filed within that period, the report is considered admitted
22 in evidence.
23 [
24 judge's finding and decision on the report of the panel, medical director, or medical consultants,
25 but is not bound by the report if other substantial conflicting evidence in the case supports a
26 contrary finding.
27 [
28 may set the case for hearing to determine the facts and issues involved.
29 (ii) At the hearing, any party so desiring may request the [
30 judge to have the [
31 consultants present at the hearing for examination and cross-examination.
1 (iii) For good cause shown, the [
2 members of the panel, with or without the [
3 consultants, to be present at the hearing for examination and cross-examination.
4 [
5 received as an exhibit at the hearing, but may not be considered as evidence in the case except as
6 far as it is sustained by the testimony admitted.
7 [
8 medical consultants and the expenses of their appearance before the [
9 law judge shall be paid out of the Employers' Reinsurance Fund.
10 Section 137. Section 34A-2-602 (Effective 07/01/97), which is renumbered from Section
11 35A-3-602 (Effective 07/01/97) is renumbered and amended to read:
12 [
13 examinations.
14 [
15 the right to receive compensation under this chapter [
16
17 to time, at a place reasonably convenient for [
18 by the rules of the [
19 (2) If [
20 (1), or obstructs the [
21 claim for compensation considered, if [
22
23 payments for compensation theretofore granted by a final order of the commission, shall be
24 suspended during the period of [
25 Section 138. Section 34A-2-603 (Effective 07/01/97), which is renumbered from Section
26 35A-3-603 (Effective 07/01/97) is renumbered and amended to read:
27 [
28 cases -- Certified pathologist -- Attending physicians -- Penalty for refusal to permit --
29 Liability.
30 (1) (a) On the filing of a claim for compensation for death under this chapter [
31 Chapter 3, Utah Occupational Disease Act, when, in the opinion of the [
1
2 scientifically ascertain the cause of death, an autopsy may be ordered by the [
3
4
5 (b) The [
6 designee shall:
7 (i) designate the certified pathologist to make the autopsy; and
8 (ii) determine who shall pay the charge of the certified pathologist making the autopsy.
9 (2) Any person interested may designate a duly licensed physician to attend the autopsy
10 ordered under Subsection (1).
11 (3) The findings of the certified pathologist performing the autopsy shall be filed with the
12 [
13 (4) All proceedings for compensation shall be suspended upon refusal of a claimant or
14 claimants to permit such autopsy when [
15 (5) When an autopsy has been performed pursuant to an order of the [
16
17 lie against any person, firm, or corporation for participating in or requesting the autopsy.
18 Section 139. Section 34A-2-604 (Effective 07/01/97), which is renumbered from Section
19 35A-3-604 (Effective 07/01/97) is renumbered and amended to read:
20 [
21 place of treatment.
22 (1) An injured employee who desires to leave the locality in which [
23 been employed during the treatment of [
24 (a) report to [
25
26 (b) notify the division in writing of [
27 and
28 (c) accompany the notice with a certificate from the attending physician setting forth:
29 (i) the exact nature of the injury[
30 (ii) the condition of the employee[
31 (iii) a statement of the probable length of time disability will continue. [
1
2 (2) An employee may leave the locality in which [
3
4 (a) complying with Subsection (1); and
5 (b) receiving the written consent of the division.
6 (3) If an employee does not comply with this section, compensation [
7 allowed during [
8 Section 140. Section 34A-2-701 (Effective 07/01/97), which is renumbered from Section
9 35A-3-701 (Effective 07/01/97) is renumbered and amended to read:
10
11 [
12 assessment restricted account for safety.
13 (1) There is created in the General Fund a restricted account known as the Workplace
14 Safety Account.
15 (2) An amount equal to 0.25% of the premium income remitted to the state treasurer
16 pursuant to Subsection 59-9-101(2)(c) shall be deposited in the Workplace Safety Account in the
17 General Fund for use by the [
18 (3) Monies shall be appropriated by the Legislature from the restricted account to the
19 [
20 (a) improve safety consultation services available to Utah employers; or
21 (b) provide for electronic or print media advertising campaigns designed to promote
22 workplace safety.
23 (4) From monies appropriated by the Legislature from the restricted account to the
24 [
25 safety programs or initiatives recommended to it by its state workers' compensation advisory
26 council created under Section [
27 (5) The [
28 and its state council regarding:
29 (a) the use of the [
30 Subsection (4); and
31 (b) the use of the monies on the safety of Utah's workplaces.
1 (6) The monies deposited in the restricted account:
2 (a) shall be:
3 (i) used only for the activities described in Subsection (3) or (4); and
4 (ii) expended according to processes that can be verified by audit; and
5 (b) may not be used for:
6 (i) administrative costs unrelated to the restricted account; or
7 (ii) any activity of the commission other than the activities of the division described in
8 Subsection (3) or (4).
9 Section 141. Section 34A-2-702 (Effective 07/01/97), which is renumbered from Section
10 35A-3-702 (Effective 07/01/97) is renumbered and amended to read:
11 [
12 Reinsurance Fund -- Injury causing death -- Burial expenses -- Payments to dependents.
13 (1) (a) There is created an Employers' Reinsurance Fund for the purpose of making
14 payments for industrial accidents or occupational diseases occurring on or before June 30, 1994.
15 The payments shall be made in accordance with this chapter [
16 Occupational Disease Act. The Employers' Reinsurance Fund shall have no liability for industrial
17 accidents or occupational diseases occurring on or after July 1, 1994. [
18 (b) The Employers' Reinsurance Fund shall succeed to all monies previously held in the
19 "Special Fund," the "Combined Injury Fund," or the "Second Injury Fund." [
20
21
22 (c) The commissioner shall appoint an administrator of the Employers' Reinsurance Fund.
23 (d) The state treasurer shall be the custodian of the Employers' Reinsurance Fund, and the
24 [
25 (e) Reasonable costs of [
26 or other fees may be paid from the fund.
27 (2) The state treasurer shall:
28 (a) receive workers' compensation premium assessments from the State Tax Commission;
29 and
30 (b) invest the Employers' Reinsurance Fund to ensure maximum investment return for both
31 long and short term investments in accordance with Section 51-7-12.5.
1 (3) The [
2 represent the Employers' Reinsurance Fund in proceedings brought to enforce claims against or
3 on behalf of the fund. [
4 attorney general shall aid in representation of the fund.
5 (4) The liability of the state, its departments, agencies, instrumentalities, elected or
6 appointed officials, or other duly authorized agents, with respect to payment of any compensation
7 benefits, expenses, fees, medical expenses, or disbursement properly chargeable against the
8 Employers' Reinsurance Fund, is limited to the cash or assets in the Employers' Reinsurance Fund,
9 and they are not otherwise, in any way, liable for the operation, debts, or obligations of the
10 Employers' Reinsurance Fund.
11 (5) If injury causes death within a period of 312 weeks from the date of the accident, the
12 employer or insurance carrier shall pay the burial expenses of the deceased as provided in Section
13 [
14 accordance with Subsections (5)(a) through (c).
15 (a) (i) If there are wholly dependent persons at the time of the death, the payment by the
16 employer or its insurance carrier shall be 66-2/3% of the decedent's average weekly wage at the
17 time of the injury, but not more than a maximum of 85% of the state average weekly wage at the
18 time of the injury per week and not less than a minimum of $45 per week, plus $5 for a dependent
19 spouse, plus $5 for each dependent minor child under the age of 18 years, up to a maximum of four
20 such dependent minor children, but not exceeding the average weekly wage of the employee at the
21 time of the injury, and not exceeding 85% of the state average weekly wage at the time of the
22 injury per week.
23 (ii) Compensation shall continue during dependency for the remainder of the period
24 between the date of the death and the expiration of 312 weeks after the date of the injury.
25 [
26 persons during dependency following the expiration of the first 312-week period described in
27 Subsection (5)(a)(i) shall be an amount equal to the weekly benefits paid to those wholly
28 dependent persons during that initial 312-week period, reduced by 50% of any weekly federal
29 Social Security death benefits paid to those wholly dependent persons.
30 [
31 administrative law judge at the end of the initial 312-week period and annually after the initial
1 312-week period. If in any review it is determined that, under the facts and circumstances existing
2 at that time, the applicant is no longer a wholly dependent person, the applicant may be considered
3 a partly dependent or nondependent person and shall be paid such benefits as the [
4 administrative law judge may determine under Subsection (5)(b)[
5 [
6 employee shall be conclusively presumed to be wholly dependent for a 312-week period from the
7 date of death of the employee. This presumption shall not apply after the initial 312-week period
8 and, in determining the then existing annual income of the surviving spouse, the [
9 administrative law judge shall exclude 50% of any federal Social Security death benefits received
10 by that surviving spouse.
11 (b) (i) If there are partly dependent persons at the time of the death, the payment shall be
12 66-2/3% of the decedent's average weekly wage at the time of the injury, but not more than a
13 maximum of 85% of the state average weekly wage at the time of the injury per week and not less
14 than a minimum of $45 per week.
15 (ii) Compensation shall continue during dependency for the remainder of the period
16 between the date of death and the expiration of 312 weeks after the date of injury as the
17 [
18 amount to more than a maximum of $30,000.
19 (iii) The benefits provided for in this subsection shall be in keeping with the circumstances
20 and conditions of dependency existing at the date of injury, and any amount awarded by the
21 [
22 provisions of this chapter and Chapter 3, Utah Occupational Disease Act.
23 [
24 (5)(a)[
25 the circumstances and conditions of dependency existing at the time of the dependency review and
26 may be paid in an amount not exceeding the maximum weekly rate that partly dependent persons
27 would receive if wholly dependent.
28 [
29 dependency by the employer or its insurance carrier.
30 (c) If there are wholly dependent persons and also partly dependent persons at the time of
31 death, the [
1 administrative law judge considers just and equitable; provided, that the total benefits awarded to
2 all parties concerned do not exceed the maximum provided for by law.
3 (6) The Employers' Reinsurance Fund:
4 (a) shall be:
5 (i) used only in accordance with Subsection (1) for:
6 (A) the purpose of making payments for industrial accidents or occupational diseases
7 occurring on or before June 30, 1994 in accordance with this section and Section 34A-2-703; and
8 (B) payment of:
9 (I) reasonable costs of administering the Employers' Reinsurance Fund; or
10 (II) fees required to be paid by the Employers' Reinsurance Fund;
11 (ii) expended according to processes that can be verified by audit; and
12 (b) may not be used for:
13 (i) administrative costs unrelated to the fund; or
14 (ii) any activity of the commission other than an activity described in Subsection (6)(a).
15 Section 142. Section 34A-2-703 (Effective 07/01/97), which is renumbered from Section
16 35A-3-703 (Effective 07/01/97) is renumbered and amended to read:
17 [
18 Employers' Reinsurance Fund.
19 If an employee, who has at least a 10% whole person permanent impairment from any
20 cause or origin, subsequently incurs an additional impairment by an accident arising out of and in
21 the course of the employee's employment during the period of July 1, 1988, to June 30, 1994,
22 inclusive, and if the additional impairment results in permanent total disability, the employer or
23 its insurance carrier and the Employers' Reinsurance Fund are liable for the payment of benefits
24 as follows:
25 (1) The employer or its insurance carrier is liable for the first $20,000 of medical benefits
26 and the initial 156 weeks of permanent total disability compensation as provided in this chapter
27 or Chapter 3, Utah Occupational Disease Act.
28 (2) Reasonable medical benefits in excess of the first $20,000 shall be paid in the first
29 instance by the employer or its insurance carrier. Then, as provided in Subsection (5), the
30 Employers' Reinsurance Fund shall reimburse the employer or its insurance carrier for 50% of
31 those expenses.
1 (3) After the initial 156-week period under Subsection (1), permanent total disability
2 compensation payable to an employee under this chapter or Chapter 3, Utah Occupational Disease
3 Act, becomes the liability of and shall be paid by the Employers' Reinsurance Fund.
4 (4) If it is determined that the employee is permanently and totally disabled, the employer
5 or its insurance carrier shall be given credit for all prior payments of temporary total, temporary
6 partial, and permanent partial disability compensation made as a result of the industrial accident.
7 Any overpayment by the employer or its insurance carrier shall be reimbursed by the Employers'
8 Reinsurance Fund under Subsection (5).
9 (5) (a) Upon receipt of a duly verified petition, the Employers' Reinsurance Fund shall
10 reimburse the employer or its insurance carrier for the Employers' Reinsurance Fund's share of
11 medical benefits and compensation paid to or on behalf of an employee. A request for Employers'
12 Reinsurance Fund reimbursements shall be accompanied by satisfactory evidence of payment of
13 the medical or disability compensation for which the reimbursement is requested. Each request
14 is subject to review as to reasonableness by the [
15 administrator may determine the manner of reimbursement.
16 (b) A decision of the administrator under Subsection (5)(a) may be appealed in accordance
17 with Part 8, Adjudication.
18 (6) If, at the time an employee is determined to be permanently and totally disabled, the
19 employee has other actionable workers' compensation claims, the employer or insurance carrier
20 that is liable for the last industrial accident resulting in permanent total disability shall be liable
21 for the benefits payable by the employer as provided in this section and Section [
22 34A-2-413. The employee's entitlement to benefits for prior actionable claims shall then be
23 determined separately on the facts of those claims. Any previous permanent partial disability
24 arising out of those claims shall then be considered to be impairments that may give rise to
25 Employers' Reinsurance Fund liability under this section.
26 Section 143. Section 34A-2-704 (Effective 07/01/97), which is renumbered from Section
27 35A-3-704 (Effective 07/01/97) is renumbered and amended to read:
28 [
29 Employers' Fund.
30 (1) (a) There is created an Uninsured Employers' Fund. The fund has the purpose of
31 assisting in the payment of workers' compensation benefits to any person entitled to them, if that
1 person's employer:
2 (i) is individually, jointly, or severally liable to pay the benefits[
3 (ii) (A) becomes or is insolvent[
4 (B) appoints or has appointed a receiver[
5 (C) otherwise does not have sufficient funds, insurance, sureties, or other security to cover
6 workers' compensation liabilities.
7 (b) The Uninsured Employers' Fund succeeds to all monies previously held in the Default
8 Indemnity Fund.
9 (c) If it becomes necessary to pay benefits, the fund is liable for all obligations of the
10 employer as set forth in this chapter and Chapter [
11 exception of penalties on those obligations.
12 (2) (a) [
13 deposited into the fund in accordance with Subsection 59-9-101(2).
14 (b) The commissioner shall appoint an administrator of the Uninsured Employers' Fund.
15 (c) The state treasurer is the custodian of the Uninsured Employers' Fund, and the
16 [
17 (3) Reasonable costs of [
18 be paid by the fund may be paid from the fund.
19 (4) The state treasurer shall:
20 (a) receive workers' compensation premium assessments from the State Tax Commission;
21 and
22 (b) invest the Uninsured Employers' Fund to ensure maximum investment return for both
23 long and short term investments in accordance with Section 51-7-12.5.
24 (5) The [
25 represent the Uninsured Employers' Fund in all proceedings brought to enforce claims against or
26 on behalf of the fund. [
27 attorney general, city attorney, or county attorney of the locality in which any investigation,
28 hearing, or trial under this chapter or Chapter 3, Utah Occupational Disease Act, is pending, or in
29 which the employee resides or an employer resides or is doing business, shall aid in the
30 representation of the fund.
31 (6) To the extent of the compensation and other benefits paid or payable to or on behalf
1 of an employee or the employee's dependents from the Uninsured Employers' Fund, the fund, by
2 subrogation, has all the rights, powers, and benefits of the employee or the employee's dependents
3 against the employer failing to make the compensation payments.
4 (7) (a) The receiver, trustee, liquidator, or statutory successor of an insolvent employer is
5 bound by settlements of covered claims by the fund.
6 (b) The court with jurisdiction shall grant all payments made under this section a priority
7 equal to that to which the claimant would have been entitled in the absence of this section against
8 the assets of the insolvent employer.
9 (c) The expenses of the fund in handling claims shall be accorded the same priority as the
10 liquidator's expenses.
11 (8) The [
12 liquidator of the insolvent employer or insurance carrier statements of the covered claims paid by
13 the fund and estimates of anticipated claims against the fund which shall preserve the rights of the
14 fund for claims against the assets of the insolvent employer.
15 (9) When any injury or death for which compensation is payable from the Uninsured
16 Employers' Fund has been caused by the wrongful act or neglect of another person not in the same
17 employment, the fund has the same rights as allowed under Section [
18 (10) The fund, subject to approval of the [
19 obligations by:
20 (a) adjusting its own claims; or [
21 (b) contracting with an adjusting company, risk management company, insurance
22 company, or other company that has expertise and capabilities in adjusting and paying workers'
23 compensation claims.
24 (11) (a) For the purpose of maintaining this fund, [
25 judge, upon rendering a decision with respect to any claim for workers' compensation benefits in
26 which an uninsured employer was duly joined as a party, shall:
27 (i) order the uninsured employer to reimburse the Uninsured Employers' Fund for all
28 benefits paid to or on behalf of an injured employee by the Uninsured Employers' Fund along with
29 interest, costs, and attorneys' fees[
30 (ii) impose a penalty against the uninsured employer of 15% of the value of the total award
31 in connection with the claim[
1 the Uninsured Employers' Fund.
2 (b) Awards may be docketed as other awards under this chapter and Chapter 3, Utah
3 Occupational Disease Act.
4 (12) The liability of the state, the [
5 respect to payment of any compensation benefits, expenses, fees, or disbursement properly
6 chargeable against the fund, is limited to the assets in the fund, and they are not otherwise in any
7 way liable for the making of any payment.
8 (13) The [
9 payment of claims for compensation from the fund.
10 (14) (a) [
11 benefits under this section to any employee of an insolvent self-insured employer, the Uninsured
12 Employers' Fund may assess all other self-insured employers amounts necessary to pay:
13 (i) the obligations of the fund subsequent to an insolvency;
14 (ii) the expenses of handling covered claims subsequent to an insolvency;
15 (iii) the cost of examinations under Subsection (15); and
16 (iv) other expenses authorized by this section.
17 (b) The assessments of each self-insured employer shall be in the proportion that the
18 manual premium of the self-insured employer for the preceding calendar year bears to the manual
19 premium of all self-insured employers for the preceding calendar year.
20 (c) Each self-insured employer shall be notified of the employer's assessment not later than
21 30 days before [
22 (d) [
23 2% of that self-insured employer's manual premium for the preceding calendar year. If the
24 maximum assessment does not provide in any one year an amount sufficient to make all necessary
25 payments from the fund for one or more insolvent self-insured employers, the unpaid portion shall
26 be paid as soon as funds become available.
27 (e) All self-insured employers are liable under this section for a period not to exceed three
28 years after the self-insured employer's voluntary or involuntary termination of self-insurance
29 privileges within this state.
30 (f) Subsection (14) does not apply to claims made against an insolvent self-insured
31 employer if the insolvency occurred prior to July 1, 1986.
1 (15) (a) [
2 [
3 insolvent or in a financial condition hazardous to its employees or the public.
4 (b) Upon receipt of [
5 cause appearing, the [
6 employer. The cost of the examination shall be assessed against all self-insured employers as
7 provided in Subsection (14). The results of the examination shall be kept confidential.
8 (16) In any claim against an employer by the Uninsured Employers' Fund, or by or on
9 behalf of the employee to whom or to whose dependents compensation and other benefits are paid
10 or payable from the fund, the burden of proof is on the employer or other party in interest objecting
11 to the claim. The claim is presumed to be valid up to the full amount of workers' compensation
12 benefits claimed by the employee or [
13 whether the claim is filed in court or in an adjudicative proceeding under the authority of the
14 [
15 (17) A partner in a partnership or an owner of a sole proprietorship may not recover
16 compensation or other benefits from the Uninsured Employers' Fund if:
17 (a) the person is not included as an employee under Subsection [
18 (3); or
19 (b) the person is included as an employee under Subsection [
20 but:
21 (i) the person's employer fails to insure or otherwise provide adequate payment of direct
22 compensation[
23 (ii) failure described in Subsection (17)(b)(i) is attributable to an act or omission over
24 which the person had or shared control or responsibility.
25 (18) A director or officer of a corporation may not recover compensation or other benefits
26 from the Uninsured Employers' Fund if the director or officer is excluded from coverage under
27 Subsection [
28 (19) The Uninsured Employers' Fund:
29 (a) shall be:
30 (i) used in accordance with this section only for:
31 (A) the purpose of assisting in the payment of workers' compensation benefits in
1 accordance with Subsection (1); and
2 (B) in accordance with Subsection (3), payment of:
3 (I) reasonable costs of administering the Uninsured Employers' fund; or
4 (II) fees required to be paid by the Uninsured Employers' Fund;
5 (ii) expended according to processes that can be verified by audit; and
6 (b) may not be used for:
7 (i) administrative costs unrelated to the fund; or
8 (ii) any activity of the commission other than an activity described in Subsection (19)(a).
9 Section 144. Section 34A-2-801, which is renumbered from Section 35A-3-803 is
10 renumbered and amended to read:
11
12 [
13 (1) (a) To contest an action of the employee's employer or its insurance carrier concerning
14 a compensable industrial accident or occupational disease alleged by the employee, any of the
15 following shall file an application for hearing with the Division of Adjudication:
16 (i) the employee; or
17 (ii) a representative of the employee, the qualifications of whom are defined in rule by the
18 commission.
19 (b) To appeal the imposition of a penalty or other administrative act imposed by the
20 division on the employer or its insurance carrier for failure to comply with this chapter or Chapter
21 3, Utah Occupational Disease Act, any of the following shall file an application for hearing with
22 the Division of Adjudication:
23 (i) the employer;
24 (ii) the insurance carrier; or
25 (iii) a representative of either the employer or the insurance carrier, the qualifications of
26 whom are defined in rule by the commission.
27 (c) A physician, surgeon, or other health provider may file an application for hearing in
28 accordance with Section 34A-2-407.
29 (d) An attorney may file an application for hearing in accordance with Section 34A-1-309.
30 [
31 judge in accordance with Subsection (3), the decision of an administrative law judge on an
1 application for hearing filed under Subsection (1) is a final [
2
3
4
5 [
6
7 the Division of Adjudication within 30 days of the date the decision is issued.
8 (b) Unless a party in interest to the appeal requests under Subsection (3)(c) that the appeal
9 be heard by the Appeals Board, the commissioner shall hear the review.
10 (c) A party in interest may request that an appeal be heard by an appeal panel of the
11 Appeals Board by filing the request with the Division of Adjudication:
12 (i) as part of the motion for review; or
13 (ii) if requested by a party in interest who did not file a motion for review, within 20 days
14 of the date the motion for review is filed with the Division of Adjudication.
15 [
16
17 34A-1-205.
18 [
19
20 (4) All records on appeals shall be maintained [
21 Division of Adjudication. Those records shall include an appeal docket showing the receipt and
22 disposition of the appeals on review.
23 (5) Upon appeal, the [
24
25
26
27 (6) The [
28 any proceedings before it of its decision, including its findings and conclusions.
29 (7) The decision of the [
30 30 days after [
31
1 is initiated under the provisions of this section or Title 63, Chapter 46b, Administrative Procedures
2 Act.
3 (8) (a) Within 30 days after the [
4 Appeals Board [
5 may secure judicial review by commencing an action in the court of appeals against the
6 [
7 decision [
8 (b) In an action filed under Subsection (8)(a):
9 (i) any other party to the proceeding before the [
10 Board shall be made a party; and
11 (ii) the commission shall be made a party.
12 [
13 exhausted the party's remedies before the [
14 commission as provided by this section.
15 [
16 and file with the court all documents and papers and a transcript of all testimony taken in the
17 matter together with the [
18 or Appeals Board.
19 Section 145. Section 34A-2-802 (Effective 07/01/97), which is renumbered from Section
20 35A-3-809 (Effective 07/01/97) is renumbered and amended to read:
21 [
22 and procedure before commission -- Admissible evidence.
23 (1) The [
24 administrative law judge, or the [
25 law or statutory rules of evidence, or by any technical or formal rules or procedure, other than as
26 provided in this section or as adopted by the [
27 Chapter 3, Utah Occupational Disease Act. The [
28 investigation in such manner as in its judgment is best calculated to ascertain the substantial rights
29 of the parties and to carry out justly the spirit of the chapter.
30 (2) The [
31 dispute all evidence deemed material and relevant including, but not limited to the following:
1 (a) depositions and sworn testimony presented in open hearings;
2 (b) reports of attending or examining physicians, or of pathologists;
3 (c) reports of investigators appointed by the commission;
4 (d) reports of employers, including copies of time sheets, book accounts, or other records;
5 or
6 (e) hospital records in the case of an injured or diseased employee.
7 Section 146. Section 34A-2-803 (Effective 07/01/97), which is renumbered from Section
8 35A-3-810 (Effective 07/01/97) is renumbered and amended to read:
9 [
10 judgments, orders, decrees, or provisions of chapter -- Grade of offense.
11 (1) [
12 employer, employee, or other person violates [
13 3, Utah Occupational Disease Act, including:
14 (a) doing any act prohibited by [
15 Occupational Disease Act;
16 (b) failing or refusing to perform any duty lawfully imposed[
17 under this chapter or Chapter 3, Utah Occupational Disease Act;
18 (c) failing, neglecting, or refusing to obey any lawful order given or made by the
19 [
20 provisions of this chapter[
21
22 (2) Every day during which any person [
23 any order of the [
24 Chapter 3, Utah Occupational Disease Act, shall constitute a separate and distinct offense.
25 Section 147. Section 34A-3-101 (Effective 07/01/97), which is renumbered from Section
26 35A-3a-101 (Effective 07/01/97) is renumbered and amended to read:
27
28 [
29 Definitions.
30 (1) This chapter is known as the "Utah Occupational Disease Act."
31 (2) For purposes of this chapter "division" means the Division of Industrial Accidents.
1 Section 148. Section 34A-3-102 (Effective 07/01/97), which is renumbered from Section
2 35A-3a-102 (Effective 07/01/97) is renumbered and amended to read:
3 [
4 to be administered by commission -- Exclusive remedy.
5 (1) This chapter shall be administered by the [
6 division, the Division of Adjudication, and the Appeals Board in accordance with Section
7 34A-2-112.
8 (2) Subject to the limitations provided in this chapter and, unless otherwise noted, all
9 provisions of Chapter [
10 Worker Reemployment Act, are incorporated into this chapter and shall be applied to occupational
11 disease claims.
12 (3) The right to recover compensation under this chapter for diseases or injuries to health
13 sustained by a Utah employee shall be the exclusive remedy as outlined in Section [
14 34A-2-105.
15 Section 149. Section 34A-3-103 (Effective 07/01/97), which is renumbered from Section
16 35A-3a-103 (Effective 07/01/97) is renumbered and amended to read:
17 [
18 07/01/97). Occupational diseases.
19 For purposes of this chapter, a compensable occupational disease [
20 disease or illness that arises out of and in the course of employment and is medically caused or
21 aggravated by that employment.
22 Section 150. Section 34A-3-104 (Effective 07/01/97), which is renumbered from Section
23 35A-3a-104 (Effective 07/01/97) is renumbered and amended to read:
24 [
25 liability for compensation.
26 (1) Every employer is liable for the payment of disability and medical benefits to every
27 employee who becomes disabled, or death benefits to the dependents of any employee who dies,
28 by reason of an occupational disease under the terms of this chapter.
29 (2) Compensation shall not be paid when the last day of injurious exposure of the
30 employee to the hazards of the occupational disease occurred prior to 1941.
31 Section 151. Section 34A-3-105 (Effective 07/01/97), which is renumbered from Section
1 35A-3a-105 (Effective 07/01/97) is renumbered and amended to read:
2 [
3 employer liable -- Exception.
4 (1) To the extent compensation is payable under this chapter for an occupational disease
5 which arises out of and in the course of an employee's employment for more than one employer,
6 the only employer liable shall be the employer in whose employment the employee was last
7 injuriously exposed to the hazards of the disease if:
8 (a) the employee's exposure in the course of employment with that employer was a
9 substantial contributing medical cause of the alleged occupational disease; and
10 (b) the employee was employed by that employer for at least 12 consecutive months.
11 (2) Should the conditions of Subsection (1) not be met, liability for disability, death, and
12 medical benefits shall be apportioned between employers based on the involved employers' causal
13 contribution to the occupational disease.
14 Section 152. Section 34A-3-106 (Effective 07/01/97), which is renumbered from Section
15 35A-3a-106 (Effective 07/01/97) is renumbered and amended to read:
16 [
17 stress claims.
18 (1) Physical, mental, or emotional diseases related to mental stress arising out of and in
19 the course of employment shall be compensable under this chapter only when there is a sufficient
20 legal and medical causal connection between the employee's disease and employment.
21 (2) (a) Legal causation requires proof of extraordinary mental stress arising predominantly
22 and directly from employment.
23 (b) The extraordinary nature of the alleged mental stress is judged according to an
24 objective standard in comparison with contemporary national employment and nonemployment
25 life.
26 (3) Medical causation requires proof that the physical, mental, or emotional disease was
27 medically caused by the mental stress that is the legal cause of the physical, mental, or emotional
28 disease.
29 (4) Good faith employer personnel actions including disciplinary actions, work
30 evaluations, job transfers, layoffs, demotions, promotions, terminations, or retirements, may not
31 form the basis of compensable mental stress claims under this chapter.
1 (5) Alleged discrimination, harassment, or unfair labor practices otherwise actionable at
2 law may not form the basis of compensable mental stress claims under this chapter.
3 (6) An employee who alleges a compensable occupational disease involving mental stress
4 bears the burden of proof to establish legal and medical causation by a preponderance of the
5 evidence.
6 Section 153. Section 34A-3-107 (Effective 07/01/97), which is renumbered from Section
7 35A-3a-107 (Effective 07/01/97) is renumbered and amended to read:
8 [
9 -- Disability compensation, death, medical, hospital, and burial expenses -- Procedure and
10 payments.
11 (1) The benefits to which a disabled employee or [
12 entitled under this chapter shall be based upon the employee's average weekly wage at the time the
13 cause of action arises and shall be computed in accordance with and in all ways shall be equivalent
14 to the benefits for disability and death provided in Chapter [
15 (2) The disabled employee is entitled to medical, hospital, and burial expenses equivalent
16 to those provided in Chapter [
17 (3) The procedure and payment of benefits under this chapter shall be equivalent to and
18 consistent with the Chapter [
19 Section 154. Section 34A-3-108 (Effective 07/01/97), which is renumbered from Section
20 35A-3a-108 (Effective 07/01/97) is renumbered and amended to read:
21 [
22 of occupational diseases -- Regulation of health care providers.
23 (1) Any employee sustaining an occupational disease, as defined in this chapter, arising
24 out of and in the course of employment shall provide notification to the employee's employer
25 promptly of the occupational disease. If the employee is unable to provide notification, the
26 employee's next-of-kin or attorney may provide notification of the occupational disease to the
27 employee's employer.
28 (2) (a) Any employee who fails to notify the employee's employer or the [
29 division within 180 days after the cause of action arises is barred from any claim of benefits arising
30 from the occupational disease.
31 (b) The cause of action is considered to arise on the date the employee first suffered
1 disability from the occupational disease and knew, or in the exercise of reasonable diligence
2 should have known, that the occupational disease was caused by employment.
3 (3) [
4 (a) an employer's or physician's injury report filed with the [
5 (i) division;
6 (ii) employer[
7 (iii) insurance carrier[
8 (b) the payment of any medical or disability benefits by the employer or the employer's
9 insurance carrier[
10 (4) (a) [
11 employer shall file a report with the [
12 in:
13 (i) medical treatment[
14 (ii) loss of consciousness[
15 (iii) loss of work[
16 (iv) restriction of work[
17 (v) transfer to another job.
18 (b) The report required under Subsection (4)(a), shall be filed within seven days after:
19 (i) the occurrence of an occupational disease;
20 (ii) the employer's first knowledge of the occupational disease; or
21 (iii) the employee's notification of the occupational disease.
22 [
23 previously reported occupational disease that later resulted in death. The subsequent report shall
24 be filed with the [
25 (i) the death; or
26 (ii) the employer's first knowledge or notification of the death.
27 [
28 (i) minor injuries that require first-aid treatment only, unless a treating physician files, or
29 is required to file, the Physician's Initial Report of Work Injury or Occupational Disease with the
30 [
31 [
1 is no longer employed by the employer with which the exposure occurred[
2 (iii) when the employer is not aware of an exposure occasioned by the employment that
3 results in an occupational disease as defined by Section [
4 (5) Each employer shall provide the employee with:
5 (a) a copy of the report submitted to the [
6
7 (b) a statement, as prepared by the [
8 responsibilities related to the occupational disease.
9 (6) Each employer shall maintain a record in a manner prescribed by the [
10 division of all occupational diseases resulting in:
11 (a) medical treatment[
12 (b) loss of consciousness[
13 (c) loss of work[
14 (d) restriction of work[
15 (e) transfer to another job.
16 (7) Any employer who refuses or neglects to make reports, to maintain records, or to file
17 reports with the [
18 misdemeanor and subject to citation under Section [
19 as provided under Section [
20 employer has shown good cause for submitting a report later than required by this section.
21 (8) (a) Except as provided in Subsection (8)(c), all physicians, surgeons, and other health
22 providers attending occupationally diseased employees shall:
23 (i) comply with all the rules, including the schedule of fees, for their services as adopted
24 by the [
25 (ii) make reports to the [
26 condition and treatment of an occupationally diseased employee or as to any other matter
27 concerning industrial cases they are treating.
28 (b) A physician, as defined in Subsection [
29 with, employed by, or bills through a hospital is subject to Subsection (8)(a).
30 (c) A hospital is not subject to the requirements of Subsection (8)(a).
31 (d) The [
1 remuneration to be paid to providers of health services based on:
2 (i) the severity of the employee's condition[
3 (ii) the nature of the treatment necessary[
4 (iii) the facilities or equipment specially required to deliver that treatment.
5 (e) Subsection (8) does not modify contracts with providers of health services relating to
6 the pricing of goods and services existing on May 1, 1995.
7 (f) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, a physician,
8 surgeon, or other health provider may file an application for hearing with the Division of
9 Adjudication to contest a decision or final order to the extent it concerns the fees charged by the
10 physician, surgeon, or other health provider.
11 (9) A copy of the physician's initial report shall be furnished to [
12 (a) division;
13 (b) employee[
14 (c) employer or its insurance carrier.
15 (10) Any physician, surgeon, or other health provider, excluding any hospital, who refuses
16 or neglects to make any report or comply with this section is guilty of a class C misdemeanor for
17 each offense, unless the [
18 report.
19 (11) (a) Applications for a hearing to resolve disputes regarding occupational disease
20 claims shall be filed with the [
21 (b) After the filing, a copy shall be forwarded by mail to:
22 (i) the employer or to the employer's insurance carrier[
23 (ii) the applicant[
24 (iii) the attorneys for the parties.
25 Section 155. Section 34A-3-109 (Effective 07/01/97), which is renumbered from Section
26 35A-3a-109 (Effective 07/01/97) is renumbered and amended to read:
27 [
28 -- Rights barred if not filed within limits.
29 (1) The limitation of rights regarding medical benefits provided in Subsection [
30 34A-2-417(1) does not apply to compensable occupational diseases under the terms of this chapter.
31 (2) A claim for compensation for temporary total disability benefits, temporary partial
1 disability benefits, permanent partial disability benefits, or permanent total disability benefits is
2 barred, unless an application for hearing is filed with the [
3 within six years after the date the employee's cause of action arose.
4 (3) A claim for death benefits is barred unless an application for hearing is filed within one
5 year of the date the deceased employee's dependents knew, or in the exercise of reasonable
6 diligence should have known, that the employee's death was caused by an occupational disease.
7 But in no case shall the dependents' claim for death benefits be actionable more than six years after
8 the employee's cause of action arises.
9 Section 156. Section 34A-3-110 (Effective 07/01/97), which is renumbered from Section
10 35A-3a-110 (Effective 07/01/97) is renumbered and amended to read:
11 [
12 07/01/97). Occupational disease aggravated by other diseases.
13 The compensation payable under this chapter shall be reduced and limited to the proportion
14 of the compensation that would be payable if the occupational disease were the sole cause of
15 disability or death, as the occupational disease as a causative factor bears to all the causes of the
16 disability or death when the occupational disease, or any part of the disease:
17 (1) is causally related to employment with a non-Utah employer not subject to
18 [
19 (2) is of a character to which the employee may have had substantial exposure outside of
20 employment or to which the general public is commonly exposed;
21 (3) is aggravated by any other disease or infirmity not itself compensable; or
22 (4) when disability or death from any other cause not itself compensable is aggravated,
23 prolonged, accelerated, or in any way contributed to by an occupational disease.
24 Section 157. Section 34A-3-111 (Effective 07/01/97), which is renumbered from Section
25 35A-3a-111 (Effective 07/01/97) is renumbered and amended to read:
26 [
27 07/01/97). Compensation not additional to that provided for accidents.
28 The compensation provided under this chapter is not in addition to compensation that may
29 be payable under Chapter [
30 accident arising out of and in the course of employment and compensation is payable for the injury
31 under Chapter [
1 Section 158. Section 34A-3-112 (Effective 07/01/97), which is renumbered from Section
2 35A-3a-112 (Effective 07/01/97) is renumbered and amended to read:
3 [
4 willful misconduct.
5 (1) Notwithstanding anything contained in this chapter, [
6 of any employee [
7 occupational disease when the disability or death, wholly or in part, was caused by the purposeful
8 self-exposure of the employee.
9 (2) Except in cases resulting in death:
10 (a) Compensation provided for in this chapter shall be reduced 15% when the occupational
11 disease is caused by the willful failure of the employee:
12 (i) to use safety devices when provided by the employer; or
13 (ii) to obey any order or reasonable rule adopted by the employer for the safety of the
14 employee.
15 (b) Except when the employer permitted, encouraged, or had actual knowledge of the
16 conduct described in Subsections (2)(b)(i) through (iii), [
17 not be awarded under this chapter to an employee when the major contributing cause of the
18 employee's disease is the employee's:
19 (i) use of illegal substances;
20 (ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
21 (iii) intoxication from alcohol with a blood or breath alcohol concentration of .08 grams
22 or greater as shown by a chemical test.
23 Section 159. Section 34A-4-101 (Effective 07/01/97), which is renumbered from Section
24 35A-3b-101 (Effective 07/01/97) is renumbered and amended to read:
25
26 [
27 entitled.
28 (1) Certain disabled miners meeting the requirements of Section [
29 shall be entitled to, and shall receive, the free hospital and medical service provided for in this
30 chapter.
31 (2) Notwithstanding Subsection (1), in the event occupational diseases are made
1 compensable under Chapter 2 or 3 [
2 evade payment under Chapter 2 or 3 [
3 benefits provided for in this chapter.
4 Section 160. Section 34A-4-102 (Effective 07/01/97), which is renumbered from Section
5 35A-3b-102 (Effective 07/01/97) is renumbered and amended to read:
6 [
7 for benefits.
8 To be entitled to the free hospital and medical service provided for in Section
9 [
10 under oath the following facts, which shall be conditions precedent to the granting of the free
11 service provided for in this chapter:
12 (1) that he is and has been a resident of this state for a period of two years immediately
13 preceding the filing of his application;
14 (2) that he has been employed in the mines of this state for a period of at least five years
15 and that the disability from which he is suffering and for which he is in need of hospital and
16 medical treatment is due to such employment;
17 (3) that he is physically incapable of entering remunerative employment and holding a job;
18 (4) that his disability is such that hospital and medical attention is necessary; and
19 (5) that he is financially unable to secure and pay for hospital and medical service.
20 Section 161. Section 34A-5-101 (Effective 07/01/97), which is renumbered from Section
21 35A-5-101 (Effective 07/01/97) is renumbered and amended to read:
22
23 [
24 This chapter shall be known as the "Utah Antidiscrimination Act."
25 Section 162. Section 34A-5-102 (Effective 07/01/97), which is renumbered from Section
26 35A-5-102 (Effective 07/01/97) is renumbered and amended to read:
27 [
28 As used in this chapter:
29 (1) "Apprenticeship" means any program for the training of apprentices including[
30
31 Section [
1
2 (2) "Bona fide occupational qualification" means a characteristic applying to an employee
3 [
4 (a) that is necessary to the operation; or
5 (b) is the essence of [
6 (3) "Court" means the district court in the judicial district of the state in which the asserted
7 unfair employment practice occurred, or if this court is not in session at that time, then any judge
8 of the court.
9 (4) "Director" means the director of the division.
10 (5) "Division" means the Division of Antidiscrimination and Labor[
11
12 (6) "Employee" means any person applying with or employed by an employer.
13 (7) (a) "Employer" means the state or any political subdivision or board, commission,
14 department, institution, school district, trust, or agent thereof, and every other person employing
15 15 or more employees within the state for each working day in each of 20 calendar weeks or more
16 in the current or preceding calendar year[
17 (b) "Employer" does not include religious organizations or associations, religious
18 corporations sole, [
19 or agency of any religious organization or association or religious corporation sole.
20 (8) "Employment agency" means any person undertaking to procure employees or
21 opportunities to work for any other person, or the holding itself out to be equipped to do so.
22 (9) "Handicap" means a physical or mental impairment which substantially limits one or
23 more of a person's major life activities.
24 (10) "Joint apprenticeship committee" means any association of representatives of a labor
25 organization and an employer providing, coordinating, or controlling an apprentice training
26 program.
27 (11) "Labor organization" means any organization which exists for the purpose in whole
28 or in part of collective bargaining or of dealing with employers concerning grievances, terms or
29 conditions of employment, or of other mutual aid or protection in connection with employment.
30 (12) "National origin" means the place of birth, domicile, or residence of an individual or
31 of an individual's ancestors.
1 (13) "On-the-job-training" means any program designed to instruct a person who, while
2 learning the particular job for which he is receiving instruction, is also employed at that job, or
3 who may be employed by the employer conducting the program during the course of the program,
4 or when the program is completed.
5 (14) "Person" means one or more individuals, partnerships, associations, corporations,
6 legal representatives, trusts or trustees, receivers, the state and all political subdivisions and
7 agencies of the state.
8 (15) "Presiding officer" means the same as that term is defined in Section 63-46b-2.
9 (16) "Prohibited employment practice" means a practice specified as discriminatory, and
10 therefore unlawful, in Section [
11 (17) "Retaliate" means the taking of adverse action by an employer, employment agency,
12 labor organization, apprenticeship program, on-the-job training program, or vocational school
13 against one of its employees, applicants, or members because [
14 member:
15 (a) has opposed any employment practice prohibited under this chapter; or [
16
17 (b) filed charges, testified, assisted, or participated in any way in any proceeding,
18 investigation, or hearing under this chapter.
19 (18) "Vocational school" means any school or institution conducting a course of
20 instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to
21 pursue a manual, technical, industrial, business, commercial, office, personal services, or other
22 nonprofessional occupations.
23 Section 163. Section 34A-5-103 (Effective 07/01/97), which is renumbered from Section
24 35A-5-103 (Effective 07/01/97) is renumbered and amended to read:
25 [
26 commission -- Coordinator of fair employment practices.
27 The [
28 practices and discrimination made unlawful by this chapter. The [
29 may appoint a coordinator of fair employment practices. A coordinator appointed under this
30 section is under the direct supervision and control of the division.
31 Section 164. Section 34A-5-104 (Effective 07/01/97), which is renumbered from Section
1 35A-5-104 (Effective 07/01/97) is renumbered and amended to read:
2 [
3 (1) The [
4 with, and for the enforcement of this chapter.
5 (2) The division may:
6 (a) appoint and prescribe the duties of investigators and other employees and agents that
7 it considers necessary for the enforcement of this chapter;
8 (b) receive, reject, investigate, and pass upon complaints alleging:
9 (i) discrimination in employment, apprenticeship programs, on-the-job training programs,
10 and vocational schools[
11 (ii) the existence of a discriminatory or prohibited employment practice by:
12 (A) a person[
13 (B) an employer[
14 (C) an employment agency[
15 (D) a labor organization[
16 (E) the employees or members of an employment agency or labor organization[
17 (F) a joint apprenticeship committee[
18 (G) vocational school;
19 (c) investigate and study the existence, character, causes, and extent of discrimination in
20 employment, apprenticeship programs, on-the-job training programs, and vocational schools in
21 this state by employers, employment agencies, labor organizations, joint apprenticeship
22 committees, and vocational schools;
23 (d) formulate plans for the elimination of discrimination by educational or other means;
24 (e) hold hearings upon complaint made against:
25 (i) a person[
26 (ii) an employer[
27 (iii) an employment agency[
28 (iv) a labor organization or the employees or members of an employment agency or labor
29 organization[
30 (v) a joint apprenticeship committee[
31 (vi) a vocational school;
1 (f) issue publications and reports of investigations and research that will tend to promote
2 good will among the various racial, religious, and ethnic groups of the state, and that will minimize
3 or eliminate discrimination in employment because of race, color, sex, religion, national origin,
4 age, or handicap;
5 (g) prepare and transmit to the governor, at least once each year, reports describing its
6 proceedings, investigations, hearings it has conducted and the outcome of those hearings, decisions
7 it has rendered, and the other work performed by it;
8 (h) recommend policies to the governor, and submit recommendation to employers,
9 employment agencies, and labor organizations to implement those policies;
10 (i) recommend any legislation concerning discrimination because of race, sex, color,
11 national origin, religion, age, or handicap to the governor that it considers necessary; and
12 (j) within the limits of any appropriations made for its operation, cooperate with other
13 agencies or organizations, both public and private, in the planning and conducting of educational
14 programs designed to eliminate discriminatory practices prohibited under this chapter.
15 (3) The division shall investigate alleged discriminatory practices involving officers or
16 employees of state government if requested to do so by the Career Service Review Board.
17 (4) (a) In any hearing held under the authority of this chapter, the division may:
18 (i) subpoena witnesses and compel their attendance at the hearing;
19 (ii) administer oaths and take the testimony of any person under oath; and
20 (iii) compel any person to produce for examination any books, papers, or other information
21 relating to the matters raised by the complaint.
22 (b) The division director or a hearing examiner appointed by the division director may
23 conduct hearings.
24 (c) If a witness fails or refuses to obey a subpoena issued by the division, the division may
25 petition the district court to enforce the subpoena.
26 (d) (i) [
27 records, correspondence, documents, or other evidence in obedience to a subpoena issued by the
28 division under the authority of this section on the ground that the evidence or the testimony
29 required may tend to incriminate [
30 forfeiture.
31 (ii) [
1 on account of any transaction, matter, or thing concerning which [
2 compelled to testify or produce evidence after having claimed [
3 self-incrimination, except that a person testifying is not exempt from prosecution and punishment
4 for perjury.
5 Section 165. Section 34A-5-105 (Effective 07/01/97), which is renumbered from Section
6 35A-5-105 (Effective 07/01/97) is renumbered and amended to read:
7 [
8 Antidiscrimination Advisory Council -- Membership -- Appointment -- Term -- Powers and
9 duties -- Chair.
10 (1) There is created an Antidiscrimination Advisory [
11 [
12 (a) 15 voting members appointed by the governor as follows:
13 [
14 [
15 [
16 [
17 [
18 [
19 (i) [
20 (ii) five employee representatives;
21 (iii) five representatives of the general public; and
22 (b) the commissioner or the commissioner's designee as a nonvoting member of the
23 council.
24 (2) In making the appointments under Subsection (1), the governor shall consider
25 representation of the following protected classes:
26 (a) race[
27 (b) color[
28 (c) national origin[
29 (d) gender[
30 (e) religion[
31 (f) age[
1 (g) persons with disabilities[
2 [
3 [
4
5 [
6
7 [
8 [
9 council members expire, the [
10 reappointed member to a four-year term.
11 (b) Notwithstanding the requirements of Subsection [
12 governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure
13 that the terms of [
14 [
15 [
16 shall be appointed for the unexpired term.
17 (b) The [
18 member who ceases to be representative as designated by the original appointment.
19 [
20 compensation or benefits for their services, but may receive per diem and expenses incurred in the
21 performance of the member's official duties at the rates established by the Division of Finance
22 under Sections 63A-3-106 and 63A-3-107.
23 (ii) Members may decline to receive per diem and expenses for their service.
24 (b) (i) State government officer and employee members who do not receive salary, per
25 diem, or expenses from their agency for their service may receive per diem and expenses incurred
26 in the performance of their official duties from the [
27 the Division of Finance under Sections 63A-3-106 and 63A-3-107.
28 (ii) State government officer and employee members may decline to receive per diem and
29 expenses for their service.
30 [
31 the [
1 [
2 related to the administration of this chapter.
3 (b) The [
4 [
5 discrimination and issues related to the administration of this chapter.
6 [
7 commissioner's designee shall serve as chair. The chair is charged with the responsibility of
8 calling the necessary meetings.
9 Section 166. Section 34A-5-106 (Effective 07/01/97), which is renumbered from Section
10 35A-5-106 (Effective 07/01/97) is renumbered and amended to read:
11 [
12 or unfair employment practices -- Permitted practices.
13 (1) It is a discriminatory or prohibited employment practice:
14 (a) (i) for an employer to refuse to hire, or promote, or to discharge, demote, terminate any
15 person, or to retaliate against, harass, or discriminate in matters of compensation or in terms,
16 privileges, and conditions of employment against any person otherwise qualified, because of race,
17 color, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years
18 of age or older, religion, national origin, or handicap. No applicant nor candidate for any job or
19 position may be considered "otherwise qualified," unless he possesses the education, training,
20 ability, moral character, integrity, disposition to work, adherence to reasonable rules and
21 regulations, and other job related qualifications required by an employer for any particular job, job
22 classification, or position to be filled or created;
23 (ii) as used in this chapter, "to discriminate in matters of compensation" means the
24 payment of differing wages or salaries to employees having substantially equal experience,
25 responsibilities, and skill for the particular job. However, nothing in this chapter prevents
26 increases in pay as a result of longevity with the employer, if the salary increases are uniformly
27 applied and available to all employees on a substantially proportional basis. Nothing in this
28 section prohibits an employer and employee from agreeing to a rate of pay or work schedule
29 designed to protect the employee from loss of Social Security payment or benefits if the employee
30 is eligible for those payments;
31 (b) for an employment agency:
1 (i) to refuse to list and properly classify for employment, or to refuse to refer an individual
2 for employment, in a known available job for which the individual is otherwise qualified, because
3 of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, religion, national origin,
4 age, if the individual is 40 years of age or older, or handicap;
5 (ii) to comply with a request from an employer for referral of applicants for employment
6 if the request indicates either directly or indirectly that the employer discriminates in employment
7 on account of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, religion,
8 national origin, age, if the individual is 40 years of age or older, or handicap;
9 (c) for a labor organization to exclude any individual otherwise qualified from full
10 membership rights in the labor organization, or to expel the individual from membership in the
11 labor organization, or to otherwise discriminate against or harass any of its members in full
12 employment of work opportunity, or representation, because of race, sex, pregnancy, childbirth,
13 or pregnancy-related conditions, religion, national origin, age, if the individual is 40 years of age
14 or older, or handicap;
15 (d) for any employer, employment agency, or labor organization to print, or circulate, or
16 cause to be printed or circulated, any statement, advertisement, or publication, or to use any form
17 of application for employment or membership, or to make any inquiry in connection with
18 prospective employment or membership, which expresses, either directly or indirectly, any
19 limitation, specification, or discrimination as to race, color, religion, sex, pregnancy, childbirth,
20 or pregnancy-related conditions, national origin, age, if the individual is 40 years of age or older,
21 or handicap or intent to make any such limitation, specification, or discrimination; unless based
22 upon a bona fide occupational qualification, or required by, and given to, an agency of government
23 for security reasons;
24 (e) for any person, whether or not an employer, an employment agency, a labor
25 organization, or the employees or members thereof, to aid, incite, compel, or coerce the doing of
26 an act defined in this section to be a discriminatory or prohibited employment practice; or to
27 obstruct or prevent any person from complying with this chapter, or any order issued under it; or
28 to attempt, either directly or indirectly, to commit any act prohibited in this section;
29 (f) for any employer, labor organization, joint apprenticeship committee, or vocational
30 school, providing, coordinating, or controlling apprenticeship programs, or providing,
31 coordinating, or controlling on-the-job-training programs, instruction, training, or retraining
1 programs:
2 (i) to deny to, or withhold from, any qualified person, because of race, color, sex,
3 pregnancy, childbirth, or pregnancy-related conditions, religion, national origin, age, if the
4 individual is 40 years of age or older, or handicap the right to be admitted to, or participate in any
5 apprenticeship training program, on-the-job-training program, or other occupational instruction,
6 training or retraining program;
7 (ii) to discriminate against or harass any qualified person in that person's pursuit of such
8 programs, or to discriminate against such a person in the terms, conditions, or privileges of such
9 programs, because of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions,
10 religion, national origin, age, if the individual is 40 years of age or older, or handicap; or
11 (iii) to print, or publish, or cause to be printed or published, any notice or advertisement
12 relating to employment by the employer, or membership in or any classification or referral for
13 employment by a labor organization, or relating to any classification or referral for employment
14 by an employment agency, indicating any preference, limitation, specification, or discrimination
15 based on race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, religion, national
16 origin, age, if the individual is 40 years of age or older, or handicap except that a notice or
17 advertisement may indicate a preference, limitation, specification, or discrimination based on race,
18 color, religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, national origin,
19 or handicap when religion, race, color, sex, age, national origin, or handicap is a bona fide
20 occupational qualification for employment.
21 (2) Nothing contained in Subsections (1)(a) through (1)(f) shall be construed to prevent
22 the termination of employment of an individual who is physically, mentally, or emotionally unable
23 to perform the duties required by that individual's employment, or to preclude the variance of
24 insurance premiums, of coverage on account of age, or affect any restriction upon the activities of
25 individuals licensed by the liquor authority with respect to persons under 21 years of age.
26 (3) (a) It is not a discriminatory or prohibited employment practice:
27 (i) for an employer to hire and employ employees, for an employment agency to classify
28 or refer for employment any individual, for a labor organization to classify its membership or to
29 classify or refer for employment any individual or for an employer, labor organization, or joint
30 labor-management committee controlling apprenticeship or other training or retraining programs
31 to admit or employ any individual in any such program, on the basis of religion, sex, pregnancy,
1 childbirth, or pregnancy-related conditions, age, national origin, or handicap in those certain
2 instances where religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the
3 individual is 40 years of age or older, national origin, or handicap is a bona fide occupational
4 qualification reasonably necessary to the normal operation of that particular business or enterprise;
5 (ii) for a school, college, university, or other educational institution to hire and employ
6 employees of a particular religion if the school, college, university, or other educational institution
7 is, in whole or in substantial part, owned, supported, controlled, or managed by a particular
8 religious corporation, association, or society, or if the curriculum of the school, college, university,
9 or other educational institution is directed toward the propagation of a particular religion;
10 (iii) for an employer to give preference in employment to his own spouse, son, son-in-law,
11 daughter, daughter-in-law, or to any person for whom the employer is or would be liable to furnish
12 financial support if those persons were unemployed; or for an employer to give preference in
13 employment to any person to whom the employer during the preceding six months has furnished
14 more than one-half of total financial support regardless of whether or not the employer was or is
15 legally obligated to furnish support; or for an employer to give preference in employment to any
16 person whose education or training was substantially financed by the employer for a period of two
17 years or more.
18 (b) Nothing contained in this chapter applies to any business or enterprise on or near an
19 Indian reservation with respect to any publicly announced employment practice of the business
20 or enterprise under which preferential treatment is given to any individual because he is a native
21 American Indian living on or near an Indian reservation.
22 (c) Nothing contained in this chapter shall be interpreted to require any employer,
23 employment agency, labor organization, vocational school, joint labor-management committee,
24 or apprenticeship program subject to this chapter to grant preferential treatment to any individual
25 or to any group because of the race, color, religion, sex, age, national origin, or handicap of the
26 individual or group on account of an imbalance which may exist with respect to the total number
27 or percentage of persons of any race, color, religion, sex, age, national origin, or handicap
28 employed by any employer, referred or classified for employment by an employment agency or
29 labor organization, admitted to membership or classified by any labor organization, or admitted
30 to or employed in, any apprenticeship or other training program, in comparison with the total
31 number or percentage of persons of that race, color, religion, sex, age, national origin, or handicap
1 in any community or county or in the available work force in any community or county.
2 (4) It is not a discriminatory or prohibited practice with respect to age to observe the terms
3 of a bona fide seniority system or any bona fide employment benefit plan such as a retirement,
4 pension, or insurance plan which is not a subterfuge to evade the purposes of this chapter except
5 that no such employee benefit plan shall excuse the failure to hire any individual.
6 (5) Notwithstanding Subsection (4), or any other statutory provision to the contrary, other
7 than Subsection (6) and Section 67-5-8, and except where age is a bona fide occupational
8 qualification, no person shall be subject to involuntary termination or retirement from employment
9 on the basis of age alone, if the individual is 40 years of age or older.
10 (6) Nothing in this section prohibits compulsory retirement of an employee who has
11 attained at least 65 years of age, and who, for the two-year period immediately before retirement,
12 is employed in a bona fide executive or a high policymaking position, if that employee is entitled
13 to an immediate nonforfeitable annual retirement benefit from his employer's pension,
14 profit-sharing, savings, or deferred compensation plan, or any combination of those plans, which
15 benefit equals, in the aggregate, at least $44,000.
16 Section 167. Section 34A-5-107 (Effective 07/01/97), which is renumbered from Section
17 35A-5-107 (Effective 07/01/97) is renumbered and amended to read:
18 [
19 aggrieved person to file claim -- Investigations -- Adjudicative proceedings -- Settlement --
20 Reconsideration -- Determination.
21 (1) (a) Any person claiming to be aggrieved by a discriminatory or prohibited employment
22 practice may [
23 with the division a request for agency action.
24 (b) Every request for agency action shall be verified under oath or affirmation.
25 (c) A request for agency action made under this section shall be filed within 180 days after
26 the alleged discriminatory or prohibited employment practice occurred.
27 (2) Any employer, labor organization, joint apprenticeship committee, or vocational school
28 who has employees or members who refuse or threaten to refuse to comply with this chapter may
29 file with the division a request for agency action asking the division for assistance to obtain their
30 compliance by conciliation or other remedial action.
31 (3) (a) Before a hearing is set or held as part of any adjudicative proceeding, the division
1 shall promptly assign an investigator to attempt a settlement between the parties by conference,
2 conciliation, or persuasion.
3 (b) If no settlement is reached, the investigator shall make a prompt impartial investigation
4 of all allegations made in the request for agency action.
5 (c) The division and its staff, agents, and employees shall conduct every investigation in
6 fairness to all parties and agencies involved, and may not attempt a settlement between the parties
7 if it is clear that no discriminatory or prohibited employment practice has occurred.
8 (d) [
9
10 (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator uncovers
11 insufficient evidence during [
12 or prohibited employment practice set out in the request for agency action, the investigator shall
13 formally report these findings to the director or the director's designee.
14 (b) Upon receipt of the investigator's report, the director or the director's designee may
15 issue a determination and order for dismissal of the adjudicative proceeding.
16 (c) A party may make a written request to the Division of Adjudication for an evidentiary
17 hearing to review de novo the director's or the director's designee's determination and order within
18 30 days of the date of the determination and order for dismissal.
19 (d) If the director or the director's designee receives no timely request for a hearing, the
20 determination and order issued by the director or the director's designee becomes the final order
21 of the [
22 (5) (a) If the initial attempts at settlement are unsuccessful and the investigator uncovers
23 sufficient evidence during [
24 prohibited employment practice set out in the request for agency action, the investigator shall
25 formally report these findings to the director or the director's designee.
26 (b) Upon receipt of the investigator's report the director or the director's designee may
27 issue a determination and order based on the investigator's report.
28 (c) A party may file a written request to the Division of Adjudication for an evidentiary
29 hearing to review de novo the director's or the director's designee's determination and order within
30 30 days of the date of the determination and order.
31 (d) If the director or the director's designee receives no timely request for a hearing, the
1 determination and order issued by the director or the director's designee requiring the respondent
2 to cease any discriminatory or prohibited employment practice and to provide relief to the
3 aggrieved party becomes the final order of the [
4 (6) In any adjudicative proceeding to review the director's or the director's designee's
5 determination that a prohibited employment practice has occurred, the division shall present the
6 factual and legal basis of its determination.
7 (7) Prior to commencement of an evidentiary hearing, the party filing the request for
8 agency action may reasonably and fairly amend any allegation, and the respondent may amend its
9 answer. Those amendments may be made during or after a hearing but only with permission of
10 the presiding officer.
11 (8) (a) If, upon all the evidence at a hearing, the presiding officer finds that a respondent
12 has not engaged in a discriminatory or prohibited employment practice, the presiding officer shall
13 issue an order dismissing the request for agency action containing the allegation of a
14 discriminatory or prohibited employment practice.
15 (b) The presiding officer may order that the respondent be reimbursed by the complaining
16 party for [
17 (9) If upon all the evidence at the hearing, the presiding officer finds that a respondent has
18 engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue
19 an order requiring the respondent to cease any discriminatory or prohibited employment practice
20 and to provide relief to the complaining party, including reinstatement, back pay and benefits, and
21 attorneys' fees and costs.
22 (10) Conciliation between the parties is to be urged and facilitated at all stages of the
23 adjudicative process.
24 (11) (a) Either party may file with the Division of Adjudication a written request for
25 review before the commissioner or Appeals Board of the order issued by the presiding officer in
26 accordance with Section 63-46b-12 and Chapter 1, Part 3, Adjudicative Proceedings.
27 (b) If there is no timely request for review the order issued by the presiding officer
28 becomes the final order of the [
29 (12) An order of the [
30 judicial review as provided in Section 63-46b-16 and Chapter 1, Part 3, Adjudicative Proceedings.
31 (13) The [
1 procedures under this chapter in accordance with Title 63, Chapter 46a, Utah Administrative
2 Rulemaking Act.
3 (14) The [
4 information gained from any investigation, settlement negotiation, or proceeding before the
5 [
6 (d).
7 (a) Information used by the director or the director's designee in making any determination
8 may be provided to all interested parties for the purpose of preparation for and participation in
9 proceedings before the [
10 (b) General statistical information may be disclosed provided the identities of the
11 individuals or parties are not disclosed.
12 (c) Information may be disclosed for inspection by the attorney general or other legal
13 representatives of the state or [
14 (d) Information may be disclosed for information and reporting requirements of the federal
15 government.
16 (15) The procedures contained in this section are the exclusive remedy under state law for
17 employment discrimination based upon race, color, sex, retaliation, pregnancy, childbirth, or
18 pregnancy-related conditions, age, religion, national origin, or handicap.
19 (16) The commencement of an action under federal law for relief based upon any act
20 prohibited by this chapter bars the commencement or continuation of any adjudicative proceeding
21 before the [
22 Nothing in this subsection is intended to alter, amend, modify, or impair the exclusive remedy
23 provision set forth in Subsection (15).
24 Section 168. Section 34A-5-108 (Effective 07/01/97), which is renumbered from Section
25 35A-5-108 (Effective 07/01/97) is renumbered and amended to read:
26 [
27 enforcement of division findings.
28 (1) The [
29 commission shall commence an action under Section 63-46b-19 for civil enforcement of a final
30 order of the [
31 (a) the order finds that there is reasonable cause to believe that a respondent has engaged
1 or is engaging in discriminatory or prohibited employment practices made unlawful by this
2 chapter;
3 (b) counsel to the [
4 reasonable inquiry that the order is well grounded in fact and is warranted by existing law;
5 (c) the respondent has not received an order of automatic stay or discharge from the United
6 States Bankruptcy Court; and
7 (d) (i) the [
8 the aggrieved party and respondent are parties; or
9 (ii) the respondent has not conciliated or complied with the final order of the [
10 commission within 30 days from the date the order is issued.
11 (2) If the respondent seeks judicial review of the final order under Section 63-46b-16,
12 pursuant to Section 63-46b-18 the [
13 pending the completion of the judicial review.
14 Section 169. Section 34A-6-101 (Effective 07/01/97), which is renumbered from Section
15 35A-6-101 (Effective 07/01/97) is renumbered and amended to read:
16
17
18 [
19 This chapter is known as the "Utah Occupational Safety and Health Act."
20 Section 170. Section 34A-6-102 (Effective 07/01/97), which is renumbered from Section
21 35A-6-102 (Effective 07/01/97) is renumbered and amended to read:
22 [
23 The intent of this chapter is:
24 (1) to preserve human resources by providing for the safety and health of workers; and
25 (2) to provide a coordinated state plan to implement, establish, and enforce occupational
26 safety and health standards as effective as the standards under the Williams-Steiger Occupational
27 Safety and Health Act of 1970, 29 U.S.C. Sec. 651 et seq.
28 Section 171. Section 34A-6-103 (Effective 07/01/97), which is renumbered from Section
29 35A-6-103 (Effective 07/01/97) is renumbered and amended to read:
30 [
31 As used in this chapter:
1 (1) "Administrator" means the director of the Division of [
2
3 (2) "Amendment" means such modification or change in a code, standard, rule, or order
4 intended for universal or general application.
5 [
6 Labor Commission.
7 [
8 (5) "Division" means the Division of [
9
10 (6) "Employee" includes any person suffered or permitted to work by an employer.
11 (7) "Employer" means:
12 (a) the state[
13 (b) each county, city, town, and school district [
14 (c) every person, firm, and private corporation, including public utilities, having one or
15 more [
16 the same establishment, under any contract of hire.
17 (8) "Hearing" means a proceeding conducted by the [
18 (9) "Imminent danger" means a danger exists which reasonably could be expected to cause
19 an occupational disease, death, or serious physical harm immediately, or before the danger could
20 be eliminated through enforcement procedures under this chapter.
21 (10) "National consensus standard" means any occupational safety and health standard or
22 modification:
23 (a) adopted by a nationally recognized standards-producing organization under procedures
24 where it can be determined by the administrator and division that persons interested and affected
25 by the standard have reached substantial agreement on its adoption;
26 (b) formulated in a manner which affords an opportunity for diverse views to be
27 considered; and
28 (c) designated as such a standard by the Secretary of the United States Department of
29 Labor.
30 (11) "Person" means the general public, one or more individuals, partnerships,
31 associations, corporations, legal representatives, trustees, receivers, and the state and its political
1 subdivisions.
2 (12) "Publish" means publication in accordance with Title 63, Chapter 46a, Utah
3 Administrative Rulemaking Act.
4 (13) "Secretary" means the Secretary of the United States Department of Labor.
5 (14) "Standard" means an occupational health and safety standard or group of standards
6 which requires conditions, or the adoption or use of one or more practices, means, methods,
7 operations, or processes, reasonably necessary to provide safety and healthful employment and
8 places of employment.
9 (15) "Variance" means a special, limited modification or change in the code or standard
10 applicable to the particular establishment of the employer or person petitioning for the
11 modification or change.
12 (16) "Workplace" means any place of employment.
13 Section 172. Section 34A-6-104 (Effective 07/01/97), which is renumbered from Section
14 35A-6-104 (Effective 07/01/97) is renumbered and amended to read:
15 [
16 of chapter -- Selection of administrator -- Powers and duties of commission -- Application
17 of chapter and exceptions.
18 (1) Administration of this chapter is vested in the [
19 division. The [
20 (a) is vested with jurisdiction and supervision over every workplace in this state and is
21 empowered to administer all laws and lawful orders to ensure that every employee in this state has
22 a workplace free of recognized hazards;
23 (b) through the division under the supervision of an administrator the division director
24 shall carry out the state plan and this chapter provided, that the administrator is a person with at
25 least five years' experience or training in the field of industrial safety and health; [
26 (c) shall make, establish, promulgate and enforce all necessary and reasonable rules and
27 provisions to carry this chapter into effect except when the division is authorized by this chapter
28 to make rules; and
29 (d) may in its discretion administer oaths, take depositions, subpoena witnesses, compel
30 production of documents, books, and accounts in any inquiry, investigation, hearing, or proceeding
31 in any part of this state.
1 (2) This chapter shall apply to all workplaces in the state except that nothing in this chapter
2 shall apply to:
3 (a) working conditions of employees with respect to which federal agencies and other state
4 agencies acting under section 274 of the Atomic Energy Act of 1954, as amended, [
5 2021[
6 occupational safety or health; or
7 (b) any workplace or employer not subject to the provisions of the federal
8 Williams-Steiger Occupational Safety and Health Act of 1970 and any amendments to that act or
9 any regulations promulgated under that act.
10 Section 173. Section 34A-6-105 (Effective 07/01/97), which is renumbered from Section
11 35A-6-105 (Effective 07/01/97) is renumbered and amended to read:
12 [
13 Adjudicative proceedings.
14 The [
15 procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, in any
16 adjudicative proceedings that they conduct under this chapter.
17 Section 174. Section 34A-6-106 (Effective 07/01/97), which is renumbered from Section
18 35A-6-106 (Effective 07/01/97) is renumbered and amended to read:
19 [
20 Safety and Health Advisory Council -- Appointment.
21 (1) (a) There is created a Utah Occupational Safety and Health Advisory Council to assist
22 the division in standard formulation.
23 (b) Voting members on the council shall be appointed by the [
24 commissioner and shall consist of six persons selected upon the basis of their experience and
25 competence in the field of occupational safety and health and shall include:
26 (i) two representatives of labor;
27 (ii) two representatives of industry; and
28 (iii) two representatives of the public.
29 (c) In addition to the voting members under Subsection (1)(b), [
30
31 as a nonvoting member.
1 [
2 [
3 (2) (a) Except as required by Subsection (2)(b), as terms of current [
4 members expire, the [
5 reappointed member to a four-year term.
6 (b) Notwithstanding the requirements of Subsection (2)(a), the [
7 commissioner shall, at the time of appointment or reappointment, adjust the length of terms to
8 ensure that the terms of council members are staggered so that approximately half of the council
9 is appointed every two years.
10 (c) The [
11 additional terms.
12 (d) The [
13 designee shall serve as chair of the council and call all necessary meetings.
14 (3) The council shall confer at least quarterly.
15 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
16 be appointed for the unexpired term.
17 (b) The [
18 who ceases to be a representative as designated by [
19 (5) The administrator shall furnish the council clerical, secretarial, and other services
20 necessary to conduct the business delegated to the council.
21 (6) (a) Members shall receive no compensation or benefits for their services, but may
22 receive per diem and expenses incurred in the performance of the member's official duties at the
23 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
24 (b) Members may decline to receive per diem and expenses for their service.
25 Section 175. Section 34A-6-107 (Effective 07/01/97), which is renumbered from Section
26 35A-6-107 (Effective 07/01/97) is renumbered and amended to read:
27 [
28 related activities.
29 (1) (a) The division, after consultation with other appropriate agencies, shall conduct,
30 directly or by grants or contracts, whether federal or otherwise, research, experiments, and
31 demonstrations in the area of occupational safety and health, including studies of psychological
1 factors involved in innovative methods, techniques, and approaches for dealing with occupational
2 safety and health problems.
3 (b) (i) The [
4 section, and to develop needed information regarding toxic substances or harmful physical agents,
5 may make rules requiring employers to measure, record, and make reports on the exposure of
6 employees to substances or physical agents reasonably believed to endanger the health or safety
7 of employees.
8 (ii) The [
9 tests necessary for determining the incidence of occupational diseases and the susceptibility of
10 employees to the diseases.
11 (iii) Nothing in this chapter authorizes or requires a medical examination, immunization,
12 or treatment for persons who object on religious grounds, except [
13 protection of the health or safety of others.
14 (iv) Any employer who is required to measure and record employee exposure to
15 substances or physical agents as provided under Subsection (1)(b) may receive full or partial
16 financial or other assistance to defray additional expense incurred by measuring and recording as
17 provided in this Subsection (1)(b).
18 (c) (i) Following a written request by any employer or authorized representative of
19 employees, specifying with reasonable particularity the grounds on which the request is made, the
20 division shall determine whether any substance normally found in a workplace has toxic effects
21 in the concentrations used or found, and shall submit its determination both to employers and
22 affected employees as soon as possible. [
23 (ii) The division shall immediately take action necessary under Section 34A-6-202 or
24 34A-6-305 if the division determines that:
25 (A) any substance is toxic at the concentrations used or found in a workplace[
26 (B) the substance is not covered by an occupational safety or health standard promulgated
27 under Section [
28
29 (2) The division may inspect and question employers and employees as provided in
30 Section [
31 section.
1 (3) The division is authorized to enter into contracts, agreements, or other arrangements
2 with appropriate federal or state agencies, or private organizations to conduct studies about its
3 responsibilities under this chapter. In carrying out its responsibilities under this subsection, the
4 division shall cooperate with the Department of Health and the Department of Environmental
5 Quality to avoid any duplication of efforts under this section.
6 (4) Information obtained by the division under this section shall be disseminated to
7 employers and employees and organizations of them.
8 Section 176. Section 34A-6-108 (Effective 07/01/97), which is renumbered from Section
9 35A-6-108 (Effective 07/01/97) is renumbered and amended to read:
10 [
11 compilation, and analysis of statistics.
12 (1) The division shall develop and maintain an effective program of collection,
13 compilation, and analysis of occupational safety and health statistics. The program may cover all
14 employments whether subject to this chapter but shall not cover employments excluded by
15 Subsection [
16 injuries and occupational diseases.
17 (2) The division may use the functions imposed by Subsection (1) to:
18 (a) promote, encourage, or directly engage in programs of studies, information, and
19 communication concerning occupational safety and health statistics;
20 (b) assist agencies or political subdivisions in developing and administering programs
21 dealing with occupational safety and health statistics; and
22 (c) arrange, through assistance, for the conduct of research and investigations which give
23 promise of furthering the objectives of this section.
24 (3) The division may, with the consent of any state agency or political subdivision of the
25 state, accept and use the services, facilities, and employees of state agencies or political
26 subdivisions of the state, with or without reimbursement, [
27 functions under this section.
28 (4) On the basis of the records made and kept under Subsection [
29 34A-6-301(3), employers shall file reports with the division in the form and manner prescribed by
30 the division.
31 (5) Agreements between the United States Department of Labor and Utah pertaining to
1 the collection of occupational safety and health statistics already in effect on July 1, 1973, remain
2 in effect until superseded.
3 Section 177. Section 34A-6-109 (Effective 07/01/97), which is renumbered from Section
4 35A-6-109 (Effective 07/01/97) is renumbered and amended to read:
5 [
6 training programs.
7 (1) The division, after consultation with other appropriate agencies, shall conduct, directly
8 or by assistance:
9 (a) educational programs to provide an adequate supply of qualified personnel to carry out
10 the purpose of this chapter; and
11 (b) informational programs on the importance of adequate safety and health equipment.
12 (2) The division is authorized to conduct, directly or by assistance, training for personnel
13 engaged in work related to its responsibilities under this chapter.
14 (3) The division shall:
15 (a) establish and supervise programs for the education and training of employers and
16 employees for recognition, avoidance, and prevention of unsafe or unhealthful working conditions;
17 (b) consult and advise employers and employees about effective means for prevention of
18 any work-related injury or occupational disease; and
19 (c) provide safety and health workplace surveys.
20 Section 178. Section 34A-6-110 (Effective 07/01/97), which is renumbered from Section
21 35A-6-110 (Effective 07/01/97) is renumbered and amended to read:
22 [
23 other laws not limited or repealed -- Worker's compensation or rights under other laws with
24 respect to employment injuries not affected.
25 (1) Nothing in this chapter is deemed to limit or repeal requirements imposed by statute
26 or otherwise recognized by law.
27 (2) Nothing in this chapter shall be construed or held to supersede or in any manner affect
28 [
29 rights, duties, or liabilities of employers and employees under any law with respect to injuries,
30 occupational or other diseases, or death of employees arising out of, or in the course of
31 employment.
1 Section 179. Section 34A-6-111 (Effective 07/01/97), which is renumbered from Section
2 35A-6-111 (Effective 07/01/97) is renumbered and amended to read:
3 [
4 The [
5 any federal aid for the administration of any of the provisions of this chapter.
6 Section 180. Section 34A-6-201 (Effective 07/01/97), which is renumbered from Section
7 35A-6-201 (Effective 07/01/97) is renumbered and amended to read:
8
9 [
10 employers and employees.
11 (1) Each employer shall furnish each of [
12 a place of employment free from recognized hazards that are causing or are likely to cause death
13 or physical harm to [
14 under this chapter.
15 (2) Each employee shall comply with the occupational safety and health standards, orders,
16 and rules made under this chapter.
17 Section 181. Section 34A-6-202 (Effective 07/01/97), which is renumbered from Section
18 35A-6-202 (Effective 07/01/97) is renumbered and amended to read:
19 [
20 Procedure for issuance, modification, or revocation by division -- Emergency temporary
21 standard -- Variances from standards -- Statement of reasons for administrator's actions --
22 Judicial review -- Priority for establishing standards.
23 (1) (a) The division, as soon as practicable, shall issue as standards any national consensus
24 standard, any adopted federal standard, or any adopted Utah standard, unless it determines that
25 issuance of the standard would not result in improved safety or health.
26 (b) All codes, standards, and rules adopted under [
27 30 days after publication unless otherwise specified.
28 (c) If any conflict exists between standards, the division shall issue the standard [
29 that assures the greatest protection of safety or health for affected employees.
30 (2) The division may issue, modify, or revoke any standard as follows:
31 (a) (i) Whenever the administrator determines upon the basis of information submitted in
1 writing by an interested person, a representative of any organization of employers or employees,
2 a nationally recognized standards-producing organization, the Department of Health [
3
4 by the division or otherwise available, that a rule should be promulgated to promote the objectives
5 of this chapter, [
6 (ii) The administrator shall provide the advisory council with proposals, together with all
7 pertinent factual information developed by the division, or otherwise available, including the
8 results of research, demonstrations, and experiments.
9 (iii) The advisory council shall submit to the administrator its recommendations regarding
10 the rule to be promulgated within a period as prescribed by the administrator.
11 (b) The division shall publish a proposed rule issuing, modifying, or revoking an
12 occupational safety or health standard and shall afford interested parties an opportunity to submit
13 written data or comments as prescribed by Title 63, Chapter 46a, Utah Administrative Rulemaking
14 Act. When the administrator determines that a rule should be issued, [
15 the proposed rule after the submission of the advisory council's recommendations or the expiration
16 of the period prescribed by the administrator for submission.
17 (c) The administrator, in issuing standards for toxic materials or harmful physical agents
18 under this subsection, shall set the standard which most adequately assures, to the extent feasible,
19 on the basis of the best available evidence, that no employee will suffer material impairment of
20 health or functional capacity even if the employee has regular exposure to the hazard during [
21 an employee's working life. Development of standards under this subsection shall be based upon
22 research, demonstrations, experiments, and other information deemed appropriate. In addition to
23 the attainment of the highest degree of health and safety protection for the employee, other
24 considerations shall be the latest available scientific data in the field, the feasibility of the
25 standards, and experience under this and other health and safety laws. Whenever practicable, the
26 standard shall be expressed in terms of objective criteria and of the performance desired.
27 (d) (i) Any employer may apply to the administrator for a temporary order granting a
28 variance from a standard issued under this section. Temporary orders shall be granted only if the
29 employer:
30 (A) files an application which meets the requirements of Subsection (2)(d)(iv);
31 (B) establishes that [
1 date because of unavailability of professional or technical personnel or of materials and equipment
2 needed for compliance with the standard or because necessary construction or alteration of
3 facilities cannot be completed by the effective date;
4 (C) establishes that [
5 employer's employees against hazards; and
6 (D) establishes that [
7 as practicable.
8 (ii) Any temporary order shall prescribe the practices, means, methods, operations, and
9 processes which the employer must adopt and use while the order is in effect and state in detail
10 [
11 only after notice to employees and an opportunity for a public hearing; provided, that the
12 administrator may issue one interim order effective until a decision is made after public hearing.
13 (iii) [
14 required by the employer to achieve compliance. In no case shall the period of a temporary order
15 exceed one year.
16 (iv) An application for a temporary order under Subsection (2)(d) shall contain:
17 (A) a specification of the standard or part from which the employer seeks a variance;
18 (B) a representation by the employer, supported by representations from qualified persons
19 having first-hand knowledge of the facts represented, that [
20 with the standard or some part of the standard [
21 (C) a detailed statement of the reasons the employer is unable to comply;
22 [
23 employees against the hazard;
24 [
25 what measures [
26 compliance; and
27 [
28 of the application by:
29 (I) giving a copy to their authorized representative[
30 (II) posting a statement giving a summary of the application and specifying where a copy
31 may be examined at the place or places where notices to employees are normally posted[
1 (III) by other appropriate means.
2 (v) The certification required under Subsection (2)(d)(iv) shall contain a description of
3 how employees have been informed.
4 (vi) The information to employees required under Subsection (2)(d)(v) shall inform the
5 employees of their right to petition the [
6 [
7 part of the standard [
8 an employer to participate in a research and development project approved by the administrator
9 to demonstrate or validate new and improved techniques to safeguard the health or safety of
10 workers.
11 (e) (i) Any standard issued under this subsection shall prescribe the use of labels or other
12 forms of warning necessary to ensure that employees are apprised of all hazards, relevant
13 symptoms and emergency treatment, and proper conditions and precautions of safe use or
14 exposure. [
15 and control or technological procedures for use in connection with such hazards and provide for
16 monitoring or measuring employee exposure at such locations and intervals, and in a manner
17 necessary for the protection of employees. In addition, any such standard shall prescribe the type
18 and frequency of medical examinations or other tests which shall be made available by the
19 employer, or at his cost, to employees exposed to hazards in order to most effectively determine
20 whether the health of employees is adversely affected by exposure. If medical examinations are
21 in the nature of research as determined by the division, the examinations may be furnished at
22 division expense. The results of such examinations or tests shall be furnished only to the division;
23 and, at the request of the employee, to [
24 (ii) The administrator may by rule make appropriate modifications in requirements for the
25 use of labels or other forms of warning, monitoring or measuring, and medical examinations
26 warranted by experience, information, or medical or technological developments acquired
27 subsequent to the promulgation of the relevant standard.
28 (f) Whenever a rule issued by the administrator differs substantially from an existing
29 national consensus standard, the division shall publish a statement of the reasons why the rule as
30 adopted will better effectuate the purposes of this chapter than the national consensus standard.
31 (g) Whenever a rule, standard, or national consensus standard is modified by the secretary
1 so as to make less restrictive the federal Williams-Steiger Occupational Safety and Health Act of
2 1970, [
3 shall be immediately implemented by the division.
4 (3) (a) The administrator shall provide an emergency temporary standard to take
5 immediate effect upon publication if [
6 (i) employees are exposed to grave danger from exposure to substances or agents
7 determined to be toxic or physically harmful or from new hazards; and
8 (ii) that the standard is necessary to protect employees from danger.
9 (b) An emergency standard shall be effective until superseded by a standard issued in
10 accordance with the procedures prescribed in Subsection (3)(c).
11 (c) Upon publication of an emergency standard the division shall commence a proceeding
12 in accordance with Subsection (2) and the standard as published shall serve as a proposed rule for
13 the proceedings. The division shall issue a standard under Subsection (3) no later than 120 days
14 after publication of the emergency standard.
15 (4) (a) Any affected employer may apply to the division for a rule or order for a variance
16 from a standard issued under this section. Affected employees shall be given notice of each
17 application and may participate in a hearing. The administrator shall issue [
18 if [
19 appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance
20 of the evidence that the conditions, practices, means, methods, operations, or processes used or
21 proposed to be used by an employer will provide employment and a workplace to [
22 employer's employees [
23 the employer complied with the standard.
24 (b) The rule or order issued under Subsection (4)(a) shall prescribe the conditions the
25 employer must maintain, and the practices, means, methods, operations and processes [
26 that the employer must adopt and [
27 question.
28 (c) A rule or order issued under Subsection (4)(a) may be modified or revoked upon
29 application by an employer, employees, or by the administrator on its own motion, in the manner
30 prescribed for its issuance under Subsection (4) at any time after six months from its issuance.
31 (5) [
1 administrator's actions when the administrator:
2 (a) issues any code, standard, rule, or order[
3 (b) grants any exemption or extension of time[
4 (c) compromises, mitigates, or settles any penalty assessed under this chapter[
5
6 (6) Any person adversely affected by a standard issued under this section, at any time prior
7 to 60 days after a standard is issued, may file a petition challenging its validity with the district
8 court having jurisdiction for judicial review. A copy of the petition shall be served upon the
9 division by the petitioner. The filing of a petition shall not, unless otherwise ordered by the court,
10 operate as a stay of the standard. The determinations of the division shall be conclusive if
11 supported by substantial evidence on the record as a whole.
12 (7) In determining the priority for establishing standards under this section, the division
13 shall give due regard to the urgency of the need for mandatory safety and health standards for
14 particular industries, trades, crafts, occupations, businesses, workplaces or work environments.
15 The administrator shall also give due regard to the recommendations of the Department of Health
16 [
17 for establishing [
18 Section 182. Section 34A-6-203 (Effective 07/01/97), which is renumbered from Section
19 35A-6-203 (Effective 07/01/97) is renumbered and amended to read:
20 [
21 discrimination against employee prohibited.
22 (1) [
23 because:
24 (a) the employee has filed any complaint or instituted or caused to be instituted any
25 proceedings under or related to this chapter;
26 (b) the employee has testified or is about to testify in any proceeding; or
27 (c) the employee has exercised any right granted by this chapter on behalf of [
28 employee or others.
29 (2) (a) Any employee who believes that [
30 otherwise discriminated against by any person in violation of this section may, within 30 days after
31 the violation occurs, file a complaint with the Division of Adjudication in the [
1 commission alleging discrimination.
2 (b) (i) Upon receipt of the complaint, the Division of Adjudication shall cause an
3 investigation to be made.
4 (ii) The Division of Adjudication may employ investigators as necessary to carry out the
5 purpose of this Subsection (2).
6 (c) If the investigator reports a violation and the employer requests a hearing on the alleged
7 violation, the Division of Adjudication shall hold an evidentiary hearing to determine if provisions
8 of this section have been violated.
9 (d) (i) If the Division of Adjudication determines that a violation has occurred, it may
10 order:
11 (A) the violation to be restrained; and [
12 (B) all appropriate relief, including reinstatement of the employee to [
13 former position with back pay.
14 (ii) A determination under this Subsection (2)(d) may be appealed in accordance with
15 Section 34A-6-304.
16 Section 183. Section 34A-6-204 (Effective 07/01/97), which is renumbered from Section
17 35A-6-204 (Effective 07/01/97) is renumbered and amended to read:
18 [
19 political subdivisions to establish programs.
20 The head of each state agency and each political subdivision of the state shall establish and
21 maintain an occupational safety and health program equivalent to the program for other
22 employments in the state. The [
23 any state agency or political subdivision under Section [
24 Section 184. Section 34A-6-301 (Effective 07/01/97), which is renumbered from Section
25 35A-6-301 (Effective 07/01/97) is renumbered and amended to read:
26
27 [
28 investigation of workplace, worker injury, illness, or complaint -- Warrants -- Attendance
29 of witnesses -- Recordkeeping by employers -- Employer and employee representatives --
30 Request for inspection by employees -- Compilation and publication of reports and
31 information -- Division rules.
1 (1) (a) The division or its representatives, upon presenting appropriate credentials to the
2 owner, operator, or agent in charge, may:
3 (i) enter without delay at reasonable times any workplace where work is performed by an
4 employee of an employer;
5 (ii) inspect and investigate during regular working hours and at other reasonable times in
6 a reasonable manner, any workplace, worker injury, occupational disease, or complaint and all
7 pertinent methods, operations, processes, conditions, structures, machines, apparatus, devices,
8 equipment, and materials [
9 (iii) question privately any such employer, owner, operator, agent, or employee.
10 (b) The division, upon an employer's refusal to permit an inspection, may seek a warrant
11 under Section 77-23-211.
12 (2) The division or its representatives may require the attendance and testimony of
13 witnesses and the production of evidence under oath. Witnesses shall receive fees and mileage in
14 accordance with Section 21-5-4. If any person fails or refuses to obey an order of the division to
15 appear, any district court within the jurisdiction of which such person is found, or resides or
16 transacts business, upon the application by the division, shall have jurisdiction to issue to any
17 person an order requiring that person to appear to produce evidence if, as, and when so ordered,
18 and to give testimony relating to the matter under investigation or in question, and any failure to
19 obey such order of the court may be punished by the court as a contempt.
20 (3) (a) The [
21 46a, Utah Administrative Rulemaking Act, requiring employers to keep records regarding
22 activities related to this chapter considered necessary for enforcement or for the development of
23 information about the causes and prevention of occupational accidents and diseases and requiring
24 employers, through posting of notices or other means, to inform employees of their rights and
25 obligations under this chapter including applicable standards.
26 (b) The [
27 46a, Utah Administrative Rulemaking Act, requiring employers to keep records regarding any
28 work-related death and injury and any occupational disease as follows:
29 (i) Each employer shall investigate or cause to be investigated all work-related injuries and
30 occupational diseases and any sudden or unusual occurrence or change of conditions that pose an
31 unsafe or unhealthful exposure to employees.
1 (ii) Each employer shall, within 12 hours of occurrence, notify the [
2 Industrial Accidents of any:
3 (A) work-related fatality; [
4 (B) disabling, serious, or significant injury; and [
5 (C) occupational disease incident.
6 (iii) (A) Each employer shall file a report with the [
7 Accidents within seven days after the occurrence of an injury or occupational disease, after the
8 employer's first knowledge of the occurrence, or after the employee's notification of the same, [
9
10 of any work-related fatality or any work-related injury or occupational disease resulting in medical
11 treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job.
12 (B) Each employer shall file a subsequent report with the [
13 Accidents of any previously reported injury or occupational disease that later resulted in death.
14 The subsequent report shall be filed with the [
15 seven days following the death or the employer's first knowledge or notification of the death. [
16 A report is not required for minor injuries, such as cuts or scratches that require first-aid treatment
17 only, unless a treating physician files, or is required to file, the Physician's Initial Report of Work
18 Injury or Occupational Disease with the [
19 report is not required for occupational diseases that manifest after the employee is no longer
20 employed by the employer with which the exposure occurred, or where the employer is not aware
21 of an exposure occasioned by the employment which results in an occupational disease as defined
22 by Section [
23 (iv) Each employer shall provide the employee with:
24 (A) a copy of the report submitted to the [
25
26 (B) a statement, as prepared by the [
27 the employee's rights and responsibilities related to the industrial injury or occupational disease.
28 (v) Each employer shall maintain a record in a manner prescribed by the [
29 commission of all work-related fatalities or work-related injuries and of all occupational diseases
30 resulting in:
31 (A) medical treatment[
1 (B) loss of consciousness[
2 (C) loss of work[
3 (D) restriction of work[
4 (E) transfer to another job.
5 (vi) The [
6 46a, Utah Administrative Rulemaking Act, to implement Subsection (3)(b) consistent with
7 nationally recognized rules or standards on the reporting and recording of work-related injuries and
8 occupational diseases.
9 (c) (i) The [
10 46a, Utah Administrative Rulemaking Act, requiring employers to keep records regarding
11 exposures to potentially toxic materials or harmful physical agents required to be measured or
12 monitored under Section [
13 (ii) [
14 provide for employees or their representatives to observe the measuring or monitoring and to have
15 access to the records thereof, and to records that indicate their exposure to toxic materials or
16 harmful agents. Each employer shall promptly notify employees being exposed to toxic materials
17 or harmful agents in concentrations that exceed prescribed levels and inform any such employee
18 of the corrective action being taken.
19 (4) Information obtained by the division shall be obtained with a minimum burden upon
20 employers, especially those operating small businesses.
21 (5) A representative of the employer and a representative authorized by employees shall
22 be given an opportunity to accompany the division's authorized representative during the physical
23 inspection of any workplace. [
24 division's authorized representative shall consult with a reasonable number of employees
25 concerning matters of health and safety in the workplace.
26 (6) (a) (i) Any employee or representative of employees who believes that a violation of
27 an adopted safety or health standard exists that threatens physical harm, or that an imminent danger
28 exists, may request an inspection by giving notice to the division's authorized representative of the
29 violation or danger. The notice shall be in writing, setting forth with reasonable particularity the
30 grounds for notice, and signed by the employee or representative of employees. A copy of the
31 notice shall be provided the employer or [
1 inspection. Upon request of the person giving notice, [
2 individual employees referred to in the notice shall not appear in the copy or on any record
3 published, released, or made available pursuant to Subsection (7).
4 (ii) (A) If upon receipt of the notice the division's authorized representative determines
5 there are reasonable grounds to believe that a violation or danger exists, [
6 representative shall make a special inspection in accordance with [
7 as soon as practicable to determine if a violation or danger exists.
8 (B) If the division's authorized representative determines there are no reasonable grounds
9 to believe that a violation or danger exists, [
10 employee or representative of the employees in writing of that determination.
11 (b) Prior to or during any inspection of a workplace, any employee or representative of
12 employees employed in the workplace may notify the division or its representative of any violation
13 of a standard that they have reason to believe exists in the workplace. The division shall, by rule,
14 establish procedures for informal review of any refusal by a representative of the division to issue
15 a citation with respect to any alleged violation and furnish the employees or representative of
16 employees requesting review a written statement of the reasons for the division's final disposition
17 of the case.
18 (7) (a) The division may compile, analyze, and publish, either in summary or detailed
19 form, all reports or information obtained under this section, subject to the limitations set forth in
20 Section [
21 (b) The [
22 46a, Utah Administrative Rulemaking Act, necessary to carry out its responsibilities under this
23 chapter, including rules for information obtained under this section, subject to the limitations set
24 forth in Section [
25 (8) Any employer who refuses or neglects to make reports, to maintain records, or to file
26 reports with the [
27 misdemeanor and subject to citation under Section [
28 as provided under Section [
29 the employer has shown good cause for submitting a report later than required by this section.
30 Section 185. Section 34A-6-302 (Effective 07/01/97), which is renumbered from Section
31 35A-6-302 (Effective 07/01/97) is renumbered and amended to read:
1 [
2 by division -- Grounds -- Posting -- Limitation.
3 (1) (a) If upon inspection or investigation, the division or its authorized representative
4 believes that an employer has violated a requirement of Section [
5 standard, rule, or order issued under Section [
6 chapter, it shall with reasonable promptness issue a citation to the employer.
7 (b) Each citation shall:
8 (i) be in writing[
9 (ii) describe with particularity the nature of the violation, including a reference to the
10 provision of the chapter, standard, rule, or order alleged to have been violated.
11 (c) The citation shall fix a reasonable time for the abatement of the violation. In the case
12 of a review proceeding initiated by the employer in good faith, not for the purpose of delay or
13 avoidance of the penalties, the time for abatement begins to run on the date of the final order of
14 the [
15 (d) The [
16 in lieu of a citation with respect to violations [
17 to safety or health.
18 (2) Each citation issued under this section or a copy shall be prominently posted by the
19 employer, as required by rule, at or near each place a violation referred to in the citation occurred.
20 (3) A citation may not be issued under this section after the expiration of six months
21 following the occurrence of any violation.
22 Section 186. Section 34A-6-303 (Effective 07/01/97), which is renumbered from Section
23 35A-6-303 (Effective 07/01/97) is renumbered and amended to read:
24 [
25 procedures -- Notification to employer of proposed assessment -- Notification to employer
26 of failure to correct violation -- Contest by employer of citation or proposed assessment --
27 Procedure.
28 (1) (a) If the division issues a citation under Subsection [
29 within a reasonable time after inspection or investigation, notify the employer by certified mail of
30 the assessment, if any, proposed to be assessed under Section [
31 employer has 30 days to notify the Division of Adjudication that [
1 to contest the citation, abatement, or proposed assessment.
2 (b) If, within 30 days from the receipt of the notice issued by the division, the employer
3 fails to notify the Division of Adjudication that [
4 abatement, or proposed assessment, and no notice is filed by any employee or representative of
5 employees under Subsection (3) within 30 days, the citation, abatement, and assessment, as
6 proposed, is final and not subject to review by any court or agency.
7 (2) (a) If the division has reason to believe that an employer has failed to correct a
8 violation for which a citation has been issued within the time period permitted, the division shall
9 notify the employer by certified mail:
10 (i) of the failure [
11 (ii) of the assessment proposed to be assessed under Section [
12 (iii) that the employer has 30 days to notify the Division of Adjudication that [
13 the employer intends to contest the division's notification or the proposed assessment.
14 (b) The period for corrective action does not begin to run until entry of a final order by the
15 [
16 (c) If the employer fails to notify the Division of Adjudication, in writing, within 30 days
17 from the receipt of notification issued by the division, that [
18 notification or proposed assessment, the notification and assessment, as proposed, is final and not
19 subject to review by any court or agency.
20 (3) (a) If an employer notifies the Division of Adjudication that [
21 to contest a citation issued under Subsection [
22 under Subsection (1) or (2), or if, within 30 days of the issuance of a citation under Subsection
23 [
24 division alleging that the period of time fixed in the citation for the abatement of the violation is
25 unreasonable, the division shall advise the [
26 and the [
27 (b) Upon a showing by an employer of a good faith effort to comply with the abatement
28 requirements of a citation, and that the abatement has not been completed because of factors
29 beyond [
30 and consideration, shall issue an order affirming or modifying the abatement requirements in any
31 citation.
1 Section 187. Section 34A-6-304 (Effective 07/01/97), which is renumbered from Section
2 35A-6-304 (Effective 07/01/97) is renumbered and amended to read:
3 [
4 review of order entered by administrative law judge -- Continuing jurisdiction of
5 commission.
6 (1) (a) Administrative law judges [
7 Adjudication shall hear and determine any proceeding assigned to them by the Division of
8 Adjudication.
9 (b) The administrative law judge shall enter [
10 of fact, conclusions of law, and order not later than 30 days after final receipt of all matters
11 concerned in the hearing.
12 (c) The findings of fact, conclusions of law, and order of the administrative law judge
13 shall become the final order of the [
14 accordance with Subsection [
15 (2) (a) Any party of interest who is dissatisfied with the order entered by an administrative
16 law judge may obtain a review by appealing the decision in accordance with Section 63-46b-12
17 and Chapter 1, Part 3, Adjudicative Proceedings.
18 (b) The [
19
20 Section 34A-1-303.
21 (c) The decision of the [
22 requested in accordance with Chapter 1, Part 3, Adjudicative Proceedings.
23 (d) To the extent that new facts are provided, the [
24 jurisdiction to amend, reverse, or enhance prior orders.
25 Section 188. Section 34A-6-305 (Effective 07/01/97), which is renumbered from Section
26 35A-6-305 (Effective 07/01/97) is renumbered and amended to read:
27 [
28 proceedings.
29 (1) The district courts shall have jurisdiction, upon petition of the administrator to restrain
30 any conditions or practices in any place of employment where danger exists which could
31 reasonably be expected to cause death or physical harm immediately or before the imminence of
1 such danger can be eliminated through enforcement procedures provided by this chapter. Any
2 order issued under this section may require that necessary steps be taken to avoid, correct, or
3 remove imminent danger or prohibit the employment or presence of any individual in locations
4 or under conditions where imminent danger exists, except individuals whose presence is necessary
5 to avoid, correct, or remove imminent danger or maintain the capacity of a continuous process
6 operation so that normal operations can be resumed without a complete cessation of operations,
7 or where cessation of operations is necessary, to permit such to be accomplished in a safe and
8 orderly manner.
9 (2) The district courts shall have jurisdiction upon petition to grant injunctive relief or
10 temporary restraining orders pending the outcome of any enforcement proceeding pursuant to this
11 act pursuant to Rule 65A, Utah Rules of Civil Procedure; provided, that no temporary restraining
12 order issued without notice shall be effective for more than five days.
13 (3) Whenever an inspector concludes that imminent danger exists in any place of
14 employment, [
15 and that [
16 (4) If the administrator arbitrarily or capriciously fails to seek relief under this section, any
17 employee who may be injured by reason of such failure, or the representative of such employees,
18 may bring an action against the administrator in the district court of the county in which the
19 imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus
20 and for further appropriate relief.
21 Section 189. Section 34A-6-306 (Effective 07/01/97), which is renumbered from Section
22 35A-6-306 (Effective 07/01/97) is renumbered and amended to read:
23 [
24 secrets -- Protective orders.
25 (1) All information reported to or otherwise obtained by the administrator or [
26 administrator's representatives or any employee in connection with any inspection or proceeding
27 under this chapter which contains or which might reveal a trade secret shall be considered
28 confidential except that the information may be disclosed to other officers or employees concerned
29 with carrying out this chapter or when relevant, in any proceeding under this chapter.
30 (2) In any such proceeding, the [
31 appropriate orders to protect the trade secret.
1 Section 190. Section 34A-6-307 (Effective 07/01/97), which is renumbered from Section
2 35A-6-307 (Effective 07/01/97) is renumbered and amended to read:
3 [
4 penalties.
5 (1) The [
6 received a citation under Section [
7 (a) Except as provided in Subsections (1)(b) through (d), the [
8 may assess up to $7,000 for each cited violation.
9 (b) The [
10 each cited serious violation. A violation is serious only if:
11 (i) it arises from a condition, practice, method, operation, or process in the workplace of
12 which the employer knows or should know through the exercise of reasonable diligence; and
13 (ii) there is a substantial possibility that the condition, practice, method, operation, or
14 process could result in death or serious physical harm.
15 (c) The [
16 for each cited willful violation.
17 (d) The [
18 employer has previously been found to have violated the same standards, code, rule, or order.
19 (e) After the expiration of the time permitted to an employer to correct a cited violation,
20 the [
21 uncorrected.
22 (2) The [
23 violation of any posting requirement under this chapter.
24 (3) In deciding the amount to assess for a civil penalty, the [
25 consider all relevant factors, including:
26 (a) the size of the employer's business[
27 (b) the nature of the violation[
28 (c) the employer's good faith or lack of good faith[
29 (d) the employer's previous record of compliance or noncompliance with this chapter.
30 (4) Any civil penalty collected under this chapter shall be paid into the General Fund.
31 (5) Criminal penalties under this chapter are as follows:
1 (a) Any employer who willfully violates any standard, code, rule, or order issued under
2 Section [
3 misdemeanor if the violation caused the death of an employee. If the violation causes the death
4 of more than one employee, each death is considered a separate offense.
5 (b) Any person who gives advance notice of any inspection conducted under this chapter
6 without authority from the administrator or [
7 class A misdemeanor.
8 (c) Any person who knowingly makes a false statement, representation, or certification
9 in any application, record, report, plan, or other document filed or required to be maintained under
10 this chapter is guilty of a class A misdemeanor.
11 (6) After a citation issued under this chapter and an opportunity for a hearing under Title
12 63, Chapter 46b, Administrative Procedures Act, the division may file an abstract for any
13 uncollected citation penalty in the district court. The filed abstract shall have the effect of a
14 judgment of that court. The abstract shall state the amount of the uncollected citation penalty,
15 reasonable attorneys' fees as set by [
16 Section 191. Section 34A-7-101 (Effective 07/01/97), which is renumbered from Section
17 35A-7-101 (Effective 07/01/97) is renumbered and amended to read:
18
19
20 [
21 -- Exemptions.
22 Except as otherwise provided in this section, this part applies to all boilers and pressure
23 vessels used in industrial or manufacturing establishments, business establishments, sawmills,
24 construction jobs, and every place where workers or the public may be exposed to risks from the
25 operation of boilers or pressure vessels. This part does not apply to:
26 (1) boilers subject to inspection, control, or regulation under the terms of any law or
27 regulation of the federal government or any of its agencies;
28 (2) air tanks located on vehicles used for transporting passengers or freight;
29 (3) pressure vessels meeting the requirements of the Interstate Commerce Commission for
30 shipment of liquids or gases under pressure; or
31 (4) boilers and pressure vessels which are excluded from the Boiler and Pressure Vessel
1 Code published by the American Society of Mechanical Engineers.
2 Section 192. Section 34A-7-102 (Effective 07/01/97), which is renumbered from Section
3 35A-7-102 (Effective 07/01/97) is renumbered and amended to read:
4 [
5 construction and design -- Special approved designs -- Maintenance requirements.
6 (1) For the purposes of this part the standards for the design and construction of new
7 boilers and new pressure vessels shall be the latest applicable provisions of the Boiler and Pressure
8 Vessel Code published by the American Society of Mechanical Engineers.
9 (2) This part shall not be construed as preventing the construction and use of boilers or
10 pressure vessels of special design, subject to approval of the Division of [
11
12 contemplated by the Boiler and Pressure Vessel Code of the American Society of Mechanical
13 Engineers.
14 (3) Boiler and pressure vessels, including existing boilers and pressure vessels, shall be
15 maintained in safe operating condition for the service involved.
16 Section 193. Section 34A-7-103 (Effective 07/01/97), which is renumbered from Section
17 35A-7-103 (Effective 07/01/97) is renumbered and amended to read:
18 [
19 requirement -- Inspection intervals, maximum -- Insurance company inspections --
20 Inspection certificate -- Suspension of inspection certificate -- Duration -- Standards of
21 inspectors.
22 (1) On and after July 1, 1967, each boiler used or proposed to be used within this state,
23 except boilers exempt under Section [
24 internally and externally, annually, except as otherwise provided by this part, while not under
25 pressure, by the Division of [
26 and deputized by the Division of [
27 construction, installation, condition, and operation.
28 (2) If at any time a hydrostatic test shall be [
29 of [
30 test shall be made at the direction of the Division of [
31 allowing a reasonable time for owner or user to comply.
1 (3) Not more than 14 months shall elapse between internal inspections of boilers, except
2 not more than 30 months between internal inspections of large power boilers [
3 purposes of this Subsection (3) a "large power boiler" is a boiler operated and monitored
4 continuously with adequate maintenance, combustion, and water controls[
5 [
6 proper evidence has been presented as to method of operation, performance records, and water
7 treatment.
8 (4) All low pressure boilers [
9
10 biennially where construction will permit. For purposes of this Subsection (4), a "low pressure
11 boiler" is a boiler with steam 15 pounds per square inch pressure and water 60 pounds per square
12 inch pressure, maximum.
13 (5) Boilers inspected by deputized inspectors employed by insurance companies, if made
14 within the time limits herein provided, shall be considered to meet the provisions of this part if:
15 (a) reports of the inspections are filed with the Division of [
16
17 (b) the boilers are certified by the inspectors employed by insurance companies as being
18 safe to operate for the purpose for which they are being used; and
19 (c) the inspection and filing of the report with the Division of [
20
21 part.
22 (6) If a boiler shall, upon inspection, be found to be suitable and to conform to the rules
23 of the [
24 to such owner or user an inspection certificate.
25 (7) The Division of [
26 an inspection certificate when in its opinion the boiler for which it was issued may not continue
27 to be operated without menace to the public safety or when the boiler is found not to comply with
28 the safety rules of the [
29 continue in effect until the boiler shall have been made to conform to the safety rules of the
30 [
31 (8) Inspectors deputized or employed by the Division of [
1
2 of fitness and competence for such work.
3 Section 194. Section 34A-7-104 (Effective 07/01/97), which is renumbered from Section
4 35A-7-104 (Effective 07/01/97) is renumbered and amended to read:
5 [
6 The owner or user of a boiler required by this part to be inspected shall pay to the
7 [
8 [
9 Section 195. Section 34A-7-105 (Effective 07/01/97), which is renumbered from Section
10 35A-7-105 (Effective 07/01/97) is renumbered and amended to read:
11 [
12 chapter -- Misdemeanor -- Injunction.
13 (1) It is a violation of this part and a class C misdemeanor to operate a boiler or pressure
14 vessel subject to this part if:
15 (a) certification has been denied or suspended; or
16 (b) the boiler or pressure vessel is knowingly operated while constituting a safety hazard.
17 (2) The Division of [
18 court of this state to enjoin the operation of any boiler or pressure vessel in violation of this part.
19 The court may issue a temporary injunction, without bond, restraining further operation of the
20 boiler or pressure vessel, ex parte. Upon a proper showing, the court shall permanently enjoin the
21 operation of the boiler or pressure vessel until the violation is corrected.
22 Section 196. Section 34A-8-101 (Effective 07/01/97), which is renumbered from Section
23 35A-9-201 (Effective 07/01/97) is renumbered and amended to read:
24
25 [
26 This [
27 Section 197. Section 34A-8-102 (Effective 07/01/97), which is renumbered from Section
28 35A-9-202 (Effective 07/01/97) is renumbered and amended to read:
29 [
30 This [
31 capacity to assist the injured worker in returning to the work force as quickly as possible and to
1 evaluate the cost effectiveness of the program.
2 Section 198. Section 34A-8-103 (Effective 07/01/97), which is renumbered from Section
3 35A-9-203 (Effective 07/01/97) is renumbered and amended to read:
4 [
5 administration.
6 This [
7 with its administration of Chapters [
8 Occupational Disease Act.
9 Section 199. Section 34A-8-104 (Effective 07/01/97), which is renumbered from Section
10 35A-9-204 (Effective 07/01/97) is renumbered and amended to read:
11 [
12 (1) "Disabled injured worker" means an employee who:
13 (a) has sustained an industrial injury or occupational disease for which benefits are
14 provided under [
15 3, Utah Occupational Disease Act;
16 (b) because of the injury or disease[
17 (i) is or will be unable to return to work in the injured worker's usual and customary
18 occupation[
19 (ii) is unable to perform work for which the injured worker has previous training and
20 experience[
21 (c) reasonably can be expected to attain gainful employment after receiving the
22 reemployment training and benefits provided for in this [
23 (2) "Division" means Division of [
24 (3) (a) "Gainful employment" means employment [
25 (i) is reasonably attainable in view of the industrial injury or occupational disease; and
26 [
27 (ii) offers to the injured worker, as reasonably feasible, an opportunity for earnings.
28 (b) Factors to be considered in determining gainful employment include the injured
29 worker's:
30 (i) education[
31 (ii) experience[
1 (iii) physical and mental impairment and condition.
2 (4) "Parties" means:
3 (a) the disabled injured worker[
4 (b) employer[
5 (c) workers' compensation insurance carrier[
6 (d) reemployment coordinator; and
7 (e) other professionals as deemed necessary by the commission.
8 (5) "Reemployment plan" means the written description or rationale for the manner and
9 means by which it is proposed a disabled injured worker may be returned to gainful employment.
10 The reemployment plan shall define the voluntary responsibilities of the disabled injured worker,
11 employer, and other parties involved with the implementation of the plan.
12 Section 200. Section 34A-8-105 (Effective 07/01/97), which is renumbered from Section
13 35A-9-205 (Effective 07/01/97) is renumbered and amended to read:
14 [
15 coordinator -- Duties.
16 The [
17 in administering this [
18 (1) [
19 or private reemployment or rehabilitation providers who render any medical or vocational
20 reemployment or rehabilitation services, including those directly employed by an insurer,
21 employer, or self-insurer;
22 (2) [
23 insurance carriers, employees, and rehabilitation providers for cost effective recommendations to
24 carry out the intent of this chapter, the data shall include:
25 (a) the success rates of public and private rehabilitation and training programs in assisting
26 in the employment of the injured worker;
27 (b) the costs in providing such services; and
28 (c) the amount of time it takes to get the injured worker into gainful employment;
29 (3) [
30 candidates for retraining results in overall cost reduction and return of the injured worker to gainful
31 employment;
1 (4) [
2 compensation insurance carrier and the disabled injured worker to encourage the development of
3 evaluations and reemployment plans for the disabled injured worker so that the completion of the
4 plans can be monitored by the [
5 (5) [
6 by other state agencies or private rehabilitation services, including registering the disabled injured
7 worker with [
8 Workforce Services for reemployment; and
9 (6) perform other duties as may be prescribed by the [
10 Section 201. Section 34A-8-106 (Effective 07/01/97), which is renumbered from Section
11 35A-9-206 (Effective 07/01/97) is renumbered and amended to read:
12 [
13 injured worker.
14 When it appears that an injured worker is or will be a disabled injured worker, or when the
15 period of the injured worker's temporary total disability compensation period exceeds 90 days,
16 whichever comes first, the employer or its workers' compensation insurance carrier shall, within
17 30 days thereafter, file with the division and serve on the injured worker an initial written report
18 assessing the injured worker's need or lack of need for vocational assistance in reemployment. The
19 employer or carrier shall also provide the injured worker information regarding reemployment.
20 Section 202. Section 34A-8-107 (Effective 07/01/97), which is renumbered from Section
21 35A-9-207 (Effective 07/01/97) is renumbered and amended to read:
22 [
23 injured worker -- Reemployment plan.
24 When it appears that an injured worker is a disabled injured worker, the employer or its
25 workers' compensation insurance carrier shall within ten days of receiving the initial report, unless
26 otherwise authorized by the division, refer the disabled injured worker to the Utah State Office of
27 Rehabilitation or, at the employer's or insurance carrier's option to a private rehabilitation or
28 reemployment service, to provide an evaluation and to develop a reemployment plan.
29 Section 203. Section 34A-8-108 (Effective 07/01/97), which is renumbered from Section
30 35A-9-208 (Effective 07/01/97) is renumbered and amended to read:
31 [
1 objectives.
2 (1) The division shall administer this [
3 returning the disabled injured worker to gainful employment in the following order of employment
4 priority:
5 (a) same job, same employer;
6 (b) modified job, same employer;
7 (c) same job, new employer;
8 (d) modified job, new employer;
9 (e) new job, new employer; or
10 (f) retraining in a new occupation.
11 (2) Nothing in this [
12 (a) modify or in any way affect any existing employee-employer relationship[
13 (b) provide any employee with any guarantee or right to employment or continued
14 employment with any employer.
15 Section 204. Section 34A-8-109 (Effective 07/01/97), which is renumbered from Section
16 35A-9-209 (Effective 07/01/97) is renumbered and amended to read:
17 [
18 counselors and reemployment coordinator.
19 All rehabilitation counselors and the reemployment coordinator shall have the same or
20 comparable qualifications as those established by the Utah State Office of Rehabilitation for
21 personnel assigned to rehabilitation and evaluation duties.
22 Section 205. Section 34A-8-110 (Effective 07/01/97), which is renumbered from Section
23 35A-9-210 (Effective 07/01/97) is renumbered and amended to read:
24 [
25 affected.
26 The provisions of this [
27 Utah State Office of Rehabilitation.
28 Section 206. Section 34A-8-111 (Effective 07/01/97), which is renumbered from Section
29 35A-9-211 (Effective 07/01/97) is renumbered and amended to read:
30 [
31 authority.
1 The [
2 rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
3 Section 207. Section 34A-8-112 (Effective 07/01/97), which is renumbered from Section
4 35A-9-212 (Effective 07/01/97) is renumbered and amended to read:
5 [
6 review.
7 The employer and the injured worker may apply to the [
8 Adjudication for resolution of any issue of law or fact arising under this [
9 accordance with Title 63, Chapter 46b, Administrative Procedures Act.
10 Section 208. Section 34A-8-113 (Effective 07/01/97), which is renumbered from Section
11 35A-9-213 (Effective 07/01/97) is renumbered and amended to read:
12 [
13 Application.
14 This [
15 occupational diseases which occur on or after that date.
16 Section 209. Section 35A-1-102 (Effective 07/01/97) is amended to read:
17 35A-1-102 (Effective 07/01/97). Definitions.
18 Unless otherwise specified, as used in this title:
19 (1) "Client" means an individual who the department has determined to be eligible for
20 services or benefits under:
21 (a) Chapter [
22 (b) [
23 (c) Chapter [
24 (2) "Consortium of counties" means an organization of the counties within a regional
25 workforce services area designated under [
26 (a) in which all of the county commissions jointly comply with this title in working with
27 the executive director of the department regarding regional workforce services areas; and
28 (b) (i) that existed as of July 1, 1997; or
29 (ii) that is created on or after July 1, 1997, with the approval of the executive director.
30 (3) "Department" means the Department of Workforce Services created in Section
31 35A-1-103.
1 (4) "Employment advisor" means an individual responsible for developing an employment
2 plan and coordinating the services and benefits under this title in accordance with Chapter 2,
3 Regional Workforce Services Areas.
4 (5) "Employment [
5 where the services provided by a regional workforce services area under Section 35A-2-201 may
6 be accessed by a client.
7 (6) "Executive director" means the executive director of the department appointed under
8 Section 35A-1-201.
9 (7) "Regional workforce services area" means a regional workforce services area
10 established [
11 Areas.
12 (8) "Stabilization" means addressing the basic living, family care, and social or
13 psychological needs of the client so that the client may take advantage of training or employment
14 opportunities provided under this title or through other agencies or institutions.
15 Section 210. Section 35A-1-103 (Effective 07/01/97) is amended to read:
16 35A-1-103 (Effective 07/01/97). Department of Workforce Services -- Creation.
17 (1) There is created the Department of Workforce Services, which has all of the
18 policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities
19 outlined in this title.
20 (2) For purposes of this title, the department shall have an official seal that shall be
21 judicially noticed.
22 Section 211. Section 35A-1-104 (Effective 07/01/97) is amended to read:
23 35A-1-104 (Effective 07/01/97). Department authority.
24 Within all other authority or responsibility granted to it by law, the department may:
25 (1) adopt rules when authorized by this title, in accordance with the procedures of Title
26 63, Chapter 46a, Utah Administrative Rulemaking Act;
27 (2) purchase, as authorized or required by law, services that the department is responsible
28 to provide for legally eligible persons;
29 (3) conduct adjudicative proceedings in accordance with the procedures of Title 63,
30 Chapter 46b, Administrative Procedures Act;
31 (4) establish eligibility standards for its programs, not inconsistent with state or federal law
1 or regulations;
2 (5) take necessary steps, including legal action, to recover money or the monetary value
3 of services provided to a recipient who is not eligible;
4 (6) license agencies in accordance with this title and Title 34, Labor in General;
5 (7) acquire, manage, and dispose of any real or personal property needed or owned by the
6 department, not inconsistent with state law;
7 (8) receive gifts, grants, devises, and donations or the proceeds thereof, crediting the
8 program designated by the donor, and using the gift, grant, devise, or donation for the purposes
9 requested by the donor, as long as the request conforms to state and federal policy;
10 (9) accept and employ volunteer labor or services;
11 (10) reimburse volunteers for necessary expenses, when the department considers that
12 reimbursement to be appropriate;
13 (11) carry out the responsibility assigned by the State Workforce Services Plan developed
14 by the State Council on Workforce Services;
15 (12) provide training and educational opportunities for its staff;
16 (13) examine and audit the expenditures of any public funds provided to a local authority,
17 agency, or organization that contracts with or receives funds from those authorities or agencies;
18 (14) accept and administer grants from the federal government and from other sources,
19 public or private;
20 (15) employ and determine the compensation of clerical, legal, technical, investigative,
21 and other employees necessary to carry out its policymaking, regulatory, and enforcement powers,
22 rights, duties, and responsibilities under this title;
23 [
24
25 [
26
27
28
29
30 [
31
1 [
2
3 [
4
5 [
6 regulate private employment offices, and bring together employers seeking employees and
7 working people seeking employment, and make known the opportunities for employment in this
8 state;
9 [
10 employees, employers, employments, and places of employment, and other statistics as it considers
11 proper;
12 [
13
14
15
16
17
18
19
20 (18) encourage the expansion and use of apprenticeship programs meeting state or federal
21 standards for apprenticeship programs;
22 [
23 employee and employer clients; and
24 [
25 Section 212. Section 35A-1-202 (Effective 07/01/97) is amended to read:
26 35A-1-202 (Effective 07/01/97). Divisions -- Creation -- Duties -- Workforce Appeals
27 Board, councils, and regional services areas.
28 (1) There is created within the department the following divisions:
29 [
30
31 [
1
2 programs that are:
3 (i) related to the operations of the department; and
4 (ii) consistent with federal and state law;
5 (b) the Division of Workforce Information and Payment Services to administer those
6 services that are not delivered through the regional workforce services areas; and
7 (c) the Division of Adjudication to adjudicate claims or actions [
8 accordance with this title.
9 (2) In addition to the divisions created under this section, within the department are the
10 following:
11 (a) the Workforce Appeals Board created in Section 35A-1-205;
12 (b) the State Council on Workforce Services created in Section 35A-1-206;
13 [
14 [
15 [
16 [
17 [
18 [
19 (d) the child care advisory committee created in Section 35A-3-1205; and
20 (e) the regional workforce services areas and councils created in accordance with
21 Chapter 2, Regional Workforce Services Areas.
22 Section 213. Section 35A-1-203 (Effective 07/01/97) is amended to read:
23 35A-1-203 (Effective 07/01/97). Executive director -- Jurisdiction over division and
24 regional directors -- No jurisdiction over Workforce Appeals Board -- Authority.
25 (1) The executive director has administrative jurisdiction over each division and regional
26 workforce services area.
27 (2) To effectuate greater statewide efficiency and local flexibility in the implementation
28 of programs, the executive director shall coordinate with the directors of the divisions and the
29 directors of the regional workforce services areas.
30 (3) The executive director shall consult with the applicable consortium of counties in
31 developing management systems, administrative processes, and jurisdictions of the regional
1 workforce services area. The management systems, administrative processes, and jurisdictions
2 shall comply with Title 67, Chapter 19, Utah State Personnel Management Act.
3 (4) To effectuate greater efficiency and economy in the operations of the department, the
4 executive director may:
5 (a) make changes in personnel and service functions in the divisions and regional
6 workforce services areas under the executive director's administrative jurisdiction; and
7 (b) authorize designees to perform appropriate responsibilities.
8 (5) (a) The executive director has no jurisdiction over the Workforce Appeals Board
9 except as provided in Subsection (5)(b).
10 (b) The executive director shall:
11 (i) approve the budget of the Workforce Appeals Board;
12 (ii) provide the necessary staff support to the Workforce Appeals Board; and
13 (iii) make rules necessary for the operations of the Workforce Appeals Board and the
14 efficiency of the adjudicative process as a whole in accordance with Section [
15 35A-1-303.
16 (6) To facilitate management of the department, the executive director may establish
17 offices necessary to implement this title or to perform functions such as budgeting, planning, data
18 processing, and personnel administration.
19 Section 214. Section 35A-1-204 (Effective 07/01/97) is amended to read:
20 35A-1-204 (Effective 07/01/97). Division directors -- Appointment -- Compensation
21 -- Qualifications.
22 (1) The chief officer of each division within the department shall be a director, who shall
23 serve as the executive and administrative head of the division.
24 (2) A director shall be appointed by the executive director with the concurrence of the
25 governor and may be removed from that position at the will of the executive director.
26 (3) A director of a division shall receive compensation as provided by Title 67, Chapter
27 19, Utah State Personnel Management Act.
28 (4) (a) A director of a division shall be experienced in administration and possess such
29 additional qualifications as determined by the executive director.
30 (b) In addition to the requirements of Subsection (4)(a), the director of the Division of
31 Adjudication shall be admitted to the practice of law in Utah.
1 Section 215. Section 35A-1-205 (Effective 07/01/97) is amended to read:
2 35A-1-205 (Effective 07/01/97). Workforce Appeals Board -- Chair -- Appointment
3 -- Compensation -- Qualifications.
4 (1) There is created the Workforce Appeals Board within the department consisting of
5 [
6
7 panels to hear and decide appeals from the decision of an administrative law judge.
8 (2) (a) [
9 A panel shall consist of three impartial members appointed by the governor as follows:
10 (i) the board chair, appointed in accordance with Subsection (5);
11 [
12 appointment, the governor shall consider nominations from employer organizations; and
13 [
14 appointment, the governor shall consider nominations from employee organizations.
15 [
16 [
17 (3) (a) The term of a member shall be six years beginning on March 1 of the year the
18 member is appointed, except that[
19 reappointment, adjust the length of terms to ensure that the terms of members are staggered so that
20 approximately one third of the group is appointed every two years.
21 [
22 [
23 [
24 [
25
26 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
27 appointed for the unexpired term.
28 (c) The governor may remove a member only for inefficiency, neglect of duty,
29 malfeasance or misfeasance in office, or other good and sufficient cause.
30 (d) A member shall hold office until a successor is appointed and has qualified.
31 (4) [
1
2 services, but may receive per diem and expenses incurred in the performance of the member's
3 official duties at the rates established by the Division of Finance under Sections 63A-3-106 and
4 63A-3-107.
5 (b) A member may decline to receive per diem and expenses for the member's service.
6 (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
7 and administrative head of the board.
8 (b) The chair shall be appointed by the governor to represent the public and may be
9 removed from that position at the will of the governor.
10 (c) The chair shall be experienced in administration and possess any additional
11 qualifications determined by the governor.
12 (6) [
13
14
15 under this section:
16 (i) in the absence of a regular member; or
17 (ii) if the regular member has a conflict of interest.
18 (b) Each case shall be decided by a full three-member panel.
19 (7) The department shall provide the Workforce Appeals Board necessary staff support,
20 except, the board may employ, retain, or appoint legal counsel.
21 Section 216. Section 35A-1-206 (Effective 07/01/97) is amended to read:
22 35A-1-206 (Effective 07/01/97). State Council on Workforce Services -- Appointment
23 -- Membership -- Terms of members -- Compensation.
24 (1) There is created a State Council on Workforce Services that shall:
25 (a) perform the activities described in Subsection (8);
26 (b) advise on issues requested by the department and the Legislature; and
27 (c) make recommendations to the department regarding:
28 (i) the implementation of Chapters 2, [
29 (ii) the job placement functions under Chapter 4; and
30 (iii) the coordination of apprenticeship training.
31 (2) (a) The council shall consist of the following voting members:
1 (i) each chair of a regional workforce services council appointed under Section 35A-2-103;
2 (ii) the superintendent of public instruction or the superintendent's designee;
3 (iii) the commissioner of higher education or the commissioner's designee; and
4 (iv) the following members appointed by the governor in consultation with the executive
5 director;
6 (A) [
7 (B) [
8 (C) four representatives of employees or employee organizations, including at least one
9 representative from nominees suggested by public employees organizations;
10 (D) two representatives of the clients served under this title including community-based
11 organizations; [
12 (E) a representative of veterans in the state; and
13 (F) the executive director of the Utah State Office of Rehabilitation.
14 (b) The following shall serve as nonvoting ex officio members of the council:
15 (i) the executive director or the executive director's designee;
16 (ii) a legislator appointed by the governor from nominations of the speaker of the House
17 of Representatives and president of the Senate;
18 (iii) the executive director of the Department of Human Services;
19 (iv) the executive director of the Department of Community and Economic Development;
20 and
21 [
22 [
23 (3) (a) The governor shall appoint one nongovernmental member from the council to be
24 the chair.
25 (b) The chair shall serve at the pleasure of the governor.
26 (4) (a) A member appointed by the governor shall serve a term of four years and may be
27 reappointed to one additional term.
28 (b) A member shall continue to serve until the member's successor has been appointed and
29 qualified.
30 [
31
1 (c) Except as provided in Subsection (4)(d), as terms of council members expire, the
2 governor shall appoint each new member or reappointed member to a four-year term.
3 (d) Notwithstanding the requirements of Subsection (4)(c), the governor shall, at the time
4 of appointment or reappointment, adjust the length of terms to ensure that the terms of council
5 members are staggered so that approximately one half of the council is appointed every two years.
6 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
7 appointed for the unexpired term.
8 (5) A majority of the voting members constitutes a quorum for the transaction of business.
9 [
10
11 (6) (a) (i) A public member may not receive compensation for the member's services, but
12 may receive per diem and expenses incurred in the performance of the member's official duties at
13 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
14 (ii) A public member may decline to receive per diem and expenses for the member's
15 service.
16 (b) (i) A state government member who does not receive salary, per diem, or expenses
17 from the state for the member's service may receive per diem and expenses incurred in the
18 performance of the member's official duties as a member at the rates established by the Division
19 of Finance under Sections 63A-3-106 and 63A-3-107.
20 (ii) A state government member who is a member because of the member's state
21 government position may not receive per diem or expenses for the member's service.
22 (iii) A state government member may decline to receive per diem and expenses for the
23 member's service.
24 (c) A legislator on the council shall receive compensation and expenses as provided by law
25 and legislative rule.
26 (d) (i) A higher education member who does not receive salary, per diem, or expenses
27 from the entity that the member represents for the member's service may receive per diem and
28 expenses incurred in the performance of the member's official duties from the council at the rates
29 established by the Division of Finance under Sections 63A-3-106 and 63A-107.
30 (e) (i) A local government member who does not receive salary, per diem, or expenses
31 from the entity that the member represents for the member's service may receive per diem and
1 expenses incurred in the performance of the member's official duties at the rates established by the
2 Division of Finance under Sections 63A-3-106 and 63A-3-107.
3 (ii) A local government member may decline to receive per diem and expenses for the
4 member's service.
5 (7) The department shall provide staff and administrative support to the council at the
6 direction of the executive director.
7 (8) The council shall:
8 (a) develop a state workforce services plan in accordance with Section 35A-1-207;
9 (b) review regional workforce services plans to certify consistency with state policy
10 guidelines;
11 (c) work cooperatively with regional councils on workforce services to oversee regional
12 workforce services area operations and to ensure that services are being delivered in accordance
13 with regional workforce services plans;
14 (d) oversee the [
15 workforce services areas;
16 (e) evaluate program performance, customer satisfaction, and other indicators to identify
17 program strengths and weaknesses;
18 (f) based on the evaluation conducted under Subsection (8)(e) develop plans to improve
19 program outcomes;
20 (g) improve the understanding and visibility of state workforce services efforts through
21 external and internal marketing strategies;
22 (h) make an annual report of accomplishments to the governor and the Legislature related
23 to the activities of the [
24 (i) issue [
25 not required under Subsection (8)(h);
26 [
27 public education, higher education, vocational rehabilitation, and human services; and
28 [
29 by:
30 (i) the Legislature[
31 (ii) the governor[
1 (iii) the executive director.
2 Section 217. Section 35A-1-207 (Effective 07/01/97) is amended to read:
3 35A-1-207 (Effective 07/01/97). State and regional workforce services plans.
4 (1) The State Council on Workforce Services shall annually develop a state workforce
5 services plan that shall include:
6 (a) projected analysis of the workforce needs of employers and clients;
7 (b) policy standards in programs and process when required by statute or considered
8 necessary by the council that ensure statewide program consistency among regional workforce
9 services areas;
10 (c) state outcome-based standards for measuring program performance to ensure equitable
11 service to all clients;
12 (d) state oversight systems to review regional compliance with state policies;
13 (e) elements of regional workforce services plans that relate to statewide initiatives and
14 programs;
15 (f) strategies to ensure program responsiveness, universal access, [
16 management; and
17 (g) [
18 (2) Regional councils on workforce services shall annually develop a regional workforce
19 services plan to be followed by the regional director in administering services. The plan shall
20 include:
21 (a) a projected analysis of the regional workforce needs of employers and clients;
22 (b) assurances that state policy standards will be incorporated into the regional workforce
23 services design;
24 (c) a regional budget outlining administration and customer support and services
25 expenditures;
26 (d) the location of employment [
27 (e) the services to be provided including assessment and support services, job training
28 options, job placement, and employer outreach;
29 (f) identification of targeted occupations for which training will be approved;
30 (g) regional outcome-based performance standards that ensure equitable services to all
31 clients;
1 (h) regional oversight processes that include a process to evaluate program effectiveness
2 and develop plans to improve programs; [
3 (i) internal and external marketing strategies to improve the understanding and visibility
4 of regional workforce service efforts[
5 (j) coordination of apprenticeship training.
6 (3) For purposes of this section, outcome measures shall:
7 (a) be based on:
8 (i) clients[
9 (ii) quality of service[
10 (iii) successful resolution of issues that result in long-term employment for potential
11 employees and a qualified workforce for employers; and
12 (b) include:
13 (i) unemployment rates[
14 (ii) placement rates[
15 (iii) number of employees placed that are still employed after 12 months[
16 (iv) changes in participation in [
17 (4) In targeting occupations under Subsection (2)(f), the council shall consider:
18 (a) wages[
19 (b) benefits[
20 (c) the full range of potential employee or employer needs[
21 (d) economic development initiatives[
22 (e) any other issues the council considers appropriate.
23 Section 218. Section 35A-1-209, which is renumbered from Section 35A-1-403 is
24 renumbered and amended to read:
25 [
26 It is the intent of the Legislature that:
27 (1) In any employment decisions necessary to implement [
28 Workforce Services, and in compliance with Title 67, Chapter 19, Utah State Personnel
29 Management Act:
30 (a) as between the employees listed in Subsections (1)(a)(i) through (iii), a preference will
31 not be given to [
1 (i) state employees [
2 (ii) county employees; or [
3 (iii) employees of programs authorized by Section 35A-3-1102;
4 (b) objective criteria shall be developed in making the employment decisions and applied
5 equally in an unbiased manner to employees of the state or counties; and
6 (c) except as provided in Subsection (3), all personnel shall be employed on a nonpartisan,
7 merit basis, and shall be governed by all applicable state, county, and federal personnel
8 management and merit regulations.
9 (2) For purposes of Subsection (1):
10 (a) "State employee" means an employee of the state or of a program designated by the
11 state as a provider of services under this title.
12 (b) "County employee" means an employee of the county or of a program designated by
13 the county as a provider of services under this title.
14 (3) The following are exempt from the requirements of Subsection (1)(c):
15 (a) the executive director;
16 (b) a deputy director appointed under Section 35A-1-201;
17 [
18 [
19 [
20 (f) the director of the Office of Child Care; and
21 (g) any person appointed under this title that reports directly to the executive director or
22 a deputy director.
23 Section 219. Section 35A-1-301 (Effective 07/01/97) is amended to read:
24 35A-1-301 (Effective 07/01/97). Presiding officers for adjudicative proceedings --
25 Subpoenas -- Independent judgment -- Consolidation -- Record -- Notice of order.
26 (1) (a) The executive director shall authorize the Division of Adjudication to call, assign
27 a presiding officer, and conduct hearings and adjudicative proceedings when an application for a
28 proceeding is filed with the Division of Adjudication under this title.
29 (b) The director of the Division of Adjudication or the director's designee may issue
30 subpoenas. Failure to respond to a properly issued subpoena may result in a contempt citation and
31 offenders may be punished as provided in Section 78-32-15.
1 (c) Witnesses subpoenaed under this section are allowed fees as provided by law for
2 witnesses in the district court of the state. The fees shall be paid as follows:
3 (i) The witness fees shall be paid by the state unless the witness is subpoenaed at the
4 instance of a party other than the department.
5 (ii) Notwithstanding Subsection (1)(c)(i), if the subpoena is issued under Chapter 4,
6 Employment Security Act, the fees are part of the expense of administering that chapter.
7 (d) A presiding officer assigned under this section may not participate in any case in which
8 the presiding officer is an interested party. Each decision of a presiding officer shall represent the
9 presiding officer's independent judgment.
10 (2) [
11 the consolidation would not be prejudicial to any party, when the same or substantially similar
12 evidence is relevant and material to the matters in issue in more than one proceeding[
13 (a) the presiding officer may fix the same time and place for considering each matter [
14
15 (b) jointly [
16 (c) make a single record of the proceedings [
17 (d) consider evidence introduced with respect to one proceeding [
18 in the others [
19
20 (3) (a) [
21 adjudicative proceedings in connection with a disputed matter.
22 (b) All testimony at any hearing [
23 need not be transcribed unless the disputed matter is appealed. If a party requests transcription,
24 the transcription shall be provided at the party's expense.
25 (c) All records on appeals shall be maintained in the offices of the Division of
26 Adjudication. The records shall include an appeal docket showing the receipt and disposition of
27 the appeals.
28 (4) A party in interest shall be given notice of the entry of a presiding officer's order or any
29 order or award of the department. The mailing of the copy of the order or award to the last-known
30 address in the files of the department of a party in interest and to the attorneys or agents of record
31 in the case, if any, is considered to be notice of the order.
1 (5) In any formal adjudication proceeding, the presiding officer may take any action
2 permitted under Section 63-46b-8.
3 Section 220. Section 35A-1-302 (Effective 07/01/97) is amended to read:
4 35A-1-302 (Effective 07/01/97). Review of administrative order -- Finality of
5 Workforce Appeals Board's order.
6 (1) An order entered by an administrative law judge under this title is the final decision
7 of the department unless a further appeal is initiated under this title and in accordance with the
8 rules of the department governing the review.
9 (2) The order of the Workforce Appeals Board [
10
11 (3) If an order is appealed to the court of appeals after the party appealing the order has
12 exhausted all administrative appeals, the court of appeals has jurisdiction to review, reverse, or
13 annul any order of the Workforce Appeals Board, or to suspend or delay the operation or execution
14 of the order of the Workforce Appeals Board being appealed.
15 Section 221. Section 35A-1-304 (Effective 07/01/97) is repealed and reenacted to read:
16 35A-1-304 (Effective 07/01/97). Review authority of the Workforce Appeals Board.
17 (1) (a) In accordance with this title and Title 63A, Chapter 46b, Administrative Procedures
18 Act, the Workforce Appeals Board may allow an appeal from a decision of an administrative law
19 judge if a motion for review is filed with the Division of Adjudication within the designated time
20 by any party entitled to the notice of the administrative law judge's decision.
21 (b) An appeal filed by the party shall be allowed as of right if the decision did not affirm
22 the decision of an administrative law judge being appealed.
23 (c) If the Workforce Appeals Board denies an application for appeal from the decision of
24 an administrative law judge, the decision of the administrative law judge is considered a decision
25 of the Workforce Appeals Board for purposes of judicial review and is subject to judicial review
26 if further appeal is initiated under this title.
27 (2) On appeal, the Workforce Appeals Board may on the basis of the evidence previously
28 submitted in the case, or upon the basis of any additional evidence it requires:
29 (a) affirm the decision of the administrative law judge,
30 (b) modify the decision of the administrative law judge; or
31 (c) reverse the findings, conclusions, and decision of the administrative law judge.
1 (3) The Workforce Appeals Board shall promptly notify the parties to any proceedings
2 before it of its decision, including its findings and conclusions, and the decision is a final order of
3 the department unless within 30 days after the date the decision of the Workforce Appeals Board
4 is issued further appeal is initiated under this title.
5 Section 222. Section 35A-1-305 (Effective 07/01/97) is amended to read:
6 35A-1-305 (Effective 07/01/97). Independence of Workforce Appeals Board.
7 [
8 the member is an interested party. Each decision of a member of the Workforce Appeals Board
9 shall represent the member's independent judgment.
10 [
11
12
13
14 Section 223. Section 35A-1-307 (Effective 07/01/97) is repealed and reenacted to read:
15 35A-1-307 (Effective 07/01/97). Scope of part.
16 This part does not apply to adjudication under:
17 (1) Chapter 3, Employment Support Act; or
18 (2) Chapter 5, Part 11, Job Training Coordination Act.
19 Section 224. Section 35A-2-101 (Effective 07/01/97) is amended to read:
20 35A-2-101 (Effective 07/01/97). Regional workforce services areas -- Regional offices
21 -- Creation.
22 (1) (a) The executive director jointly with the Utah Association of Counties shall establish
23 regional workforce services areas to furnish the services described in Section 35A-2-201.
24 (b) In establishing regional workforce services areas, the executive director and the Utah
25 Association of Counties shall seek input from:
26 (i) state and local government agencies and departments;
27 (ii) the groups representing public employees;
28 (iii) employers, business, education, and other entities affected by the structure of the
29 regional workforce services areas; and
30 (iv) the public.
31 (2) In establishing the regional workforce services areas, the executive director and the
1 Utah Association of Counties shall consider:
2 (a) areas comprised of multiple counties;
3 (b) the alignment of transportation and other infrastructure or services;
4 (c) the interdependence of the economy within a geographic area;
5 (d) the ability to develop regional marketing and economic development programs;
6 (e) the labor market areas;
7 (f) the population of the area;
8 (g) the number of individuals in the previous year receiving:
9 (i) services under Chapter [
10 (ii) benefits under Chapter 4, Employment Security Act; and
11 (h) other factors that relate to the management of the programs administered or that relate
12 to the delivery of services provided under this title.
13 Section 225. Section 35A-2-102 (Effective 07/01/97) is amended to read:
14 35A-2-102 (Effective 07/01/97). Directors of regional workforce services areas --
15 Appointment.
16 (1) The chief officer of each regional workforce services area shall be a director, who shall
17 serve as the executive and administrative head of the regional workforce services area.
18 (2) A director:
19 (a) shall be appointed jointly by the executive director and [
20 councils on workforce services established in the regional workforce services area under Section
21 35A-2-103; and
22 (b) may be removed from that position at the will of the executive director.
23 (3) A director of a regional workforce services area shall be experienced in administration
24 and possess such additional qualifications as determined by the executive director, and as provided
25 by law.
26 (4) The director shall:
27 (a) report annually to [
28 established in the regional workforce services area under Section 35A-2-103 concerning the
29 delivery of services in the regional workforce services area; and
30 (b) work with the council established in the regional workforce services area under Section
31 35A-2-103 in developing the regional plan as outlined in Subsection 35A-1-207(2) on:
1 (i) regional planning priorities;
2 (ii) training priorities; and
3 (iii) locations of employment [
4 Section 226. Section 35A-2-103 (Effective 07/01/97) is amended to read:
5 35A-2-103 (Effective 07/01/97). Regional council on workforce services --
6 Appointment -- Membership -- Terms of members -- Compensation.
7 (1) [
8 regional workforce services area, establish one or more regional councils on workforce services
9 in each regional workforce services area [
10 services [
11 (a) perform the functions described in Subsection (9);
12 (b) work with the regional director, the department, the consortium of counties, and the
13 State Council on Workforce Services on issues requested by the director of the regional workforce
14 services area or the department; and
15 (c) make recommendations to the regional workforce services area and department
16 regarding:
17 (i) the implementation of Chapters 2, [
18 (ii) the job placement functions under Chapter 4; and
19 (iii) coordination of apprenticeship training.
20 (2) Unless otherwise specified in this Subsection (2), members of a regional council on
21 workforce services shall be appointed by the consortium of counties that covers the same
22 geographic area as the regional council in the regional workforce services area, in consultation
23 with the regional director, and shall consist of the following:
24 (a) the voting members are:
25 (i) [
26 department;
27 (ii) [
28 department;
29 (iii) two representatives of employees including employee organizations and including at
30 least one representative from nominees suggested by public employees organizations in the region;
31 (iv) two representatives of clients including community-based organizations;
1 (v) one representative from organized labor;
2 [
3 area;
4 [
5 superintendents in the region;
6 [
7 institutions of higher education in the region; [
8 [
9 (x) a representative of the Office of Rehabilitation; and
10 (xi) an individual who works for or is a member of an economic development board or
11 committee of the state or one of its political subdivisions; and
12 (b) ex officio nonvoting members are:
13 (i) a representative of applied technology;
14 [
15 [
16 [
17 (3) The director of the regional workforce services area shall be a nonvoting ex officio
18 member of the council and provide any necessary staff support for the council.
19 (4) (a) The consortium of counties in the regional workforce services area that appoints
20 the council shall, in consultation with the regional director, appoint a member of the council to be
21 the chair of the council to serve [
22 (b) The chair shall be a representative of private sector employers[
23
24 [
25
26
27 (5) (a) (i) Except as provided in Subsection (5)(a)(ii), as terms of council members expire,
28 the consortium of counties in the regional workforce services area that appoints the council shall,
29 in consultation with the regional director, appoint each new member or reappointed member to a
30 four-year term.
31 (ii) Notwithstanding the requirements of Subsection (5)(a)(i), the consortium of counties
1 in the regional workforce services area that appoints the council shall, in consultation with the
2 regional director, at the time of appointment or reappointment, adjust the length of terms to ensure
3 that the terms of council members are staggered so that approximately one half of the council is
4 appointed every two years.
5 (iii) When a vacancy occurs in the membership for any reason, the replacement shall be
6 appointed for the unexpired term.
7 (b) At the expiration of the term of a council member or if a vacancy occurs on the council,
8 the consortium of counties in the regional workforce services area shall appoint a replacement to
9 the council, in consultation with the regional director.
10 (c) A member shall continue to serve as a member until the member's successor has been
11 appointed and qualified.
12 (d) A member is eligible for reappointment.
13 (e) The consortium of counties in the regional workforce services area that appoints the
14 council shall appoint, in consultation with the regional director, an individual to replace a council
15 member for the remainder of the term of the council member being replaced if the council
16 member:
17 (i) ceases to be representative as designated by the original appointment; or
18 (ii) fails to attend three [
19 excused by the chair prior or during the meeting.
20 (6) (a) A majority of the voting members constitutes a quorum for the transaction of
21 business.
22 (b) [
23 shall be present for business to be transacted.
24 [
25
26
27 (7) (a) (i) A public member may not receive compensation for the member's services, but
28 may receive per diem and expenses incurred in the performance of the member's official duties at
29 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
30 (ii) A public member may decline to receive per diem and expenses for the member's
31 service.
1 (b) (i) A state government member who does not receive salary, per diem, or expenses
2 from the state for the member's service may receive per diem and expenses incurred in the
3 performance of the member's official duties as a member at the rates established by the Division
4 of Finance under Sections 63A-3-106 and 63A-3-107.
5 (ii) A state government member who is a member because of the member's state
6 government position may not receive per diem or expenses for the member's service.
7 (iii) A state government member may decline to receive per diem and expenses for the
8 member's service.
9 (c) A higher education member who does not receive salary, per diem, or expenses from
10 the entity that the member represents for the member's service may receive per diem and expenses
11 incurred in the performance of the member's official duties from the council at the rates established
12 by the Division of Finance under Sections 63A-3-106 and 63A-107.
13 (d) (i) A local government member who does not receive salary, per diem, or expenses
14 from the entity that the member represents for the member's service may receive per diem and
15 expenses incurred in the performance of the member's official duties at the rates established by the
16 Division of Finance under Sections 63A-3-106 and 63A-3-107.
17 (ii) A local government member may decline to receive per diem and expenses for the
18 member's service.
19 (8) The regional council shall annually provide the consortium of counties that appoints
20 the council a written report that shall include the information concerning the elements of the
21 regional plan described in Subsection 35A-2-102(4)(b).
22 (9) The regional councils on workforce services shall:
23 (a) determine the locations of employment [
24 35A-2-203;
25 (b) develop a regional workforce services plan in accordance with Section 35A-1-207;
26 (c) develop training priorities for the region;
27 (d) work cooperatively with the State Council on Workforce Services to oversee regional
28 workforce services areas operations and to ensure that services are being delivered in accordance
29 with regional workforce services plans;
30 (e) [
31
1 training coordination;
2 (f) coordinate the planning and delivery of workforce developments services with public
3 education, higher education, vocational rehabilitation, and human services; and
4 (g) report annually to the State Council on Workforce Services.
5 Section 227. Section 35A-2-201 (Effective 07/01/97) is amended to read:
6 35A-2-201 (Effective 07/01/97). Services provided at regional workforce services
7 area.
8 (1) Regional workforce services areas shall:
9 (a) through its employment [
10 (i) benefits under [
11 (ii) services and support under Chapter [
12 (b) broker or contract for services or training under Chapter [
13
14 (c) serve as a regional clearinghouse of information concerning workforce development
15 and services and support available under this title.
16 (2) (a) In providing, brokering, or contracting for the services or training described in
17 Subsection (1)(b), the regional director of a regional workforce services area in consultation with
18 the executive director shall ensure that the regional workforce services area provides, brokers, or
19 contracts for services and training that meets the needs of special needs population in the regional
20 workforce services area.
21 (b) For purposes of Subsection (2)(a), "special needs population" means individuals who
22 have special employment needs based on factors including race, gender, age, economic status,
23 education, language skills, and work history.
24 Section 228. Section 35A-2-202 (Effective 07/01/97) is amended to read:
25 35A-2-202 (Effective 07/01/97). Single employment advisor -- Specialization --
26 Employment plan.
27 (1) At each employment [
28 established under Section 35A-2-101 there shall be employed one or more employment advisors.
29 (2) A client shall be assigned one employment advisor, except that the department may
30 provide services in an expedited manner to a client who needs only limited services under this title
31 without the assignment of an employment advisor.
1 (3) An employment advisor shall:
2 (a) develop an employment plan jointly with the client; and
3 (b) coordinate any services provided, brokered, or contracted for by the department to that
4 client.
5 (4) The employment advisor assigned to a client may be selected because of the
6 employment advisor's experience or knowledge in the benefits or services available under the title
7 that best meet the specific needs of the client and skills in working with groups of clients to
8 develop plans leading to self-sufficiency.
9 (5) (a) An employment advisor shall be trained in the requirements of and benefits or
10 services provided through employment centers in at least one of the following:
11 (i) Chapter [
12 (ii) [
13 (iii) Chapter [
14 (b) At the discretion of the director of a regional workforce services area, an employment
15 advisor may receive special training in the requirements of or providing services under the
16 [
17 (6) (a) A client employment plan may include:
18 (i) services and support necessary for stabilization;
19 (ii) assessment and training; and
20 (iii) placement.
21 (b) The client employment plan shall consider the job opportunities available to the client
22 based on the job market.
23 (c) The client employment plan shall [
24
25 Section 229. Section 35A-2-203 (Effective 07/01/97) is amended to read:
26 35A-2-203 (Effective 07/01/97). Employment centers.
27 (1) In each county within a regional workforce services area, the regional council on
28 workforce services shall:
29 (a) designate the location of one or more employment [
30 Section 35A-1-102, in which the services are provided by the [
31 department; or
1 (b) coordinate with the department to establish access to the services provided by the
2 department by means other than an employment center.
3 (2) An employment [
4 employment services including job placement, job development, stabilization, assessment, and job
5 training[
6 management.
7 (3) [
8
9
10 linkage.
11 Section 230. Section 35A-3-1101 (Effective 07/01/97), which is renumbered from Section
12 35A-8-101 (Effective 07/01/97) is renumbered and amended to read:
13
14 [
15 Employment assistance.
16 (1) This chapter shall be known as the "Employment Support Act."
17 (2) A person eligible for [
18 Chapter [
19 [
20 through the [
21
22 Section 231. Section 35A-3-1102, which is renumbered from Section 53A-15-204 is
23 renumbered and amended to read:
24 [
25 (1) For purposes of this section, "displaced homemaker" means an individual [
26 (a) who has been a homemaker for a period of eight or more years without significant
27 gainful employment outside the home[
28 (b) whose primary occupation during [
29 (1)(a) was the provision of unpaid household services for family members;
30 [
31 (d) is not reasonably capable of obtaining employment sufficient to provide self-support
1 or necessary support for dependents, due to a lack of marketable job skills or other skills necessary
2 for self-sufficiency; and
3 [
4 (i) the income of a family member and lost that income; or [
5 (ii) governmental assistance as the parent of dependent children and is no longer eligible
6 for that assistance.
7 (2) The [
8 cooperation with state and local governmental agencies, community-based organizations, and
9 private employers, a program for the education, training, and transitional counseling of displaced
10 homemakers, which includes referral services and the following services:
11 (a) employment and skills training, career counseling, and placement services specifically
12 designed to address the needs of displaced homemakers;
13 (b) assistance in obtaining access to existing public and private employment training
14 programs;
15 (c) educational services, including information on high school or college programs, or
16 assistance in gaining access to existing educational programs;
17 (d) health education and counseling, or assistance in gaining access to existing health
18 education and counseling services;
19 (e) financial management services which provide information on insurance, taxes, estate
20 and probate matters, mortgages, loans, and other financial issues; and
21 (f) prevocational self-esteem and assertiveness training.
22 (3) The [
23 (a) (i) contract with existing governmental or private agencies or community-based
24 organizations [
25 provide a program for displaced homemakers in each county or group of counties, as the
26 population demands; or
27 (ii) [
28 homemakers in that area;
29 [
30
31 (b) coordinate its program for displaced homemakers with existing state or federal
1 programs of a similar nature and, where possible, utilize existing physical resources;
2 (c) establish rules to implement this section, and may form an advisory committee for
3 recommendations on the establishment and improvement of a program for displaced homemakers;
4 (d) encourage the placement of displaced homemakers in programs established under:
5 (i) the Job Training Partnership Act, 29 U.S.C. Section 1501[
6 (ii) the Carl D. Perkins Vocational Education Act, 20 U.S.C. Section 2301, et seq.; and
7 (e) prepare an evaluation of its program for displaced homemakers, including the success
8 of placement of displaced homemakers in programs described in this section, and annually submit
9 a written report of that evaluation to the Legislature.
10 (4) Displaced homemakers may act as peer counselors in programs for displaced
11 homemakers.
12 [
13 deposited as nonlapsing dedicated credits and used for the purposes of this section.
14 (b) [
15 $300,000 at the end of any fiscal year, the excess shall lapse into the General Fund.
16 [
17 procedures for payment and repayment, when possible, by [
18 department of the costs of services provided to displaced homemakers under this section[
19
20 Section 232. Section 35A-3-1201 (Effective 07/01/97), which is renumbered from Section
21 35A-8-201 (Effective 07/01/97) is renumbered and amended to read:
22 [
23 As used in this part:
24 (1) "Committee" means the Child Care Advisory Committee created in Section
25 35A-8-205.
26 (2) "Director" means the director of the Office of Child Care.
27 (3) "Office" means the Office of Child Care created in Section [
28 Section 233. Section 35A-3-1202 (Effective 07/01/97), which is renumbered from Section
29 35A-8-202 (Effective 07/01/97) is renumbered and amended to read:
30 [
31 (1) There is created within the Division of [
1 Information and Payment Services an Office of Child Care.
2 (2) The office shall be administered by a director who shall be appointed by the executive
3 director and may be removed from that position at the will of the executive director.
4 Section 234. Section 35A-3-1203 (Effective 07/01/97), which is renumbered from Section
5 35A-8-203 (Effective 07/01/97) is renumbered and amended to read:
6 [
7 duties of office.
8 The office shall:
9 (1) provide [
10 (a) to employers for the development of options for child [
11 (b) for educating the public in obtaining quality child care;
12 (2) coordinate [
13
14 services;
15 (3) apply for, accept, or expend gifts or donations from public or private sources;
16 (4) provide administrative support services to the committee;
17 (5) [
18 delivery of quality child [
19 school age programs in the state [
20 (a) the State Board of Education [
21 (b) the Department of Human Services[
22 (c) the Department of Community and Economic Development[
23 (d) the Department of Health;
24 (6) recommend to the Legislature legislation that will further the purposes of the office and
25 child [
26 (7) provide planning and technical assistance for the development and implementation of
27 [
28 programs, and school age programs.
29 Section 235. Section 35A-3-1204 (Effective 07/01/97), which is renumbered from Section
30 35A-8-204 (Effective 07/01/97) is renumbered and amended to read:
31 [
1 director.
2 The director shall:
3 (1) enforce rules made by the department regulating the use of services provided by the
4 office;
5 (2) supervise office staff and prepare an annual work plan; and
6 [
7 [
8 to assist the office in fulfilling its statutory obligations.
9 Section 236. Section 35A-3-1205 (Effective 07/01/97), which is renumbered from Section
10 35A-8-205 (Effective 07/01/97) is renumbered and amended to read:
11 [
12 committee.
13 (1) There is created a Child Care Advisory Committee.
14 (2) The committee shall counsel and advise the office in fulfilling its statutory obligations.
15 (3) The committee shall be composed of 13 members as follows:
16 (a) [
17 executive director in accordance with Subsection (4);
18 (b) one [
19 executive director in accordance with Subsection (4);
20 (c) one child care provider who operates a family child care business appointed by the
21 executive director in accordance with Subsection (4);
22 [
23 [
24 [
25 [
26 [
27 [
28 by the [
29 [
30 appointed by the [
31 [
1 by the [
2 (k) one representative from the Division of Employment Development appointed by the
3 executive director in accordance with Subsection (4).
4 (4) Of those members appointed by the [
5 (3), no more than four may be from the same political party.
6 (5) (a) Except as required by Subsection (5)(b), as terms of current committee members
7 expire, the [
8 to a four-year term.
9 (b) Notwithstanding the requirements of Subsection (5)(a), the [
10 director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that
11 the terms of committee members are staggered so that approximately half of the committee is
12 appointed every two years.
13 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
14 appointed for the unexpired term.
15 (7) A majority of the members constitutes a quorum for the transaction of business.
16 (8) The [
17 The chair's term of office expires on April 1 of each year and a chair may serve no more than two
18 one-year terms as chair.
19 (9) (a) (i) Members who are not government employees [
20 compensation or benefits for their services, but may receive per diem and expenses incurred in the
21 performance of the member's official duties at the rates established by the Division of Finance
22 under Sections 63A-3-106 and 63A-3-107.
23 (ii) Members may decline to receive per diem and expenses for their service.
24 (b) (i) State government officer and employee members who do not receive salary, per
25 diem, or expenses from their agency for their service may receive per diem and expenses incurred
26 in the performance of their official duties from the committee at the rates established by the
27 Division of Finance under Sections 63A-3-106 and 63A-3-107.
28 (ii) State government officer and employee members may decline to receive per diem and
29 expenses for their service.
30 Section 237. Section 35A-3-1206 (Effective 07/01/97), which is renumbered from Section
31 35A-8-206 (Effective 07/01/97) is renumbered and amended to read:
1 [
2 fund -- Use of monies -- Committee and director duties -- Restrictions.
3 (1) There is created an expendable trust fund known as the [
4 Expendable Trust Fund.
5 (2) The executive director shall administer the trust fund under the direction of the
6 committee.
7 (3) The [
8 (4) The trust fund shall be used to accept monies designated for child care initiatives
9 improving the quality, affordability, or accessibility of child care.
10 (5) The monies in the trust fund that are not restricted to a specific use under federal law
11 or by donors may not be expended without approval of the committee.
12 (6) There shall be deposited into the trust fund money from numerous sources including
13 grants, private foundations, or individual donors.
14 (7) The monies in the trust fund shall be invested by the state treasurer pursuant to Title
15 51, Chapter 7, State Money Management Act, except that all interest or other earnings derived
16 from the trust fund monies shall be deposited in the trust fund.
17 (8) The monies in the trust fund may not be used for administrative expenses of the [
18
19 (9) The committee shall:
20 (a) advise the director on child care needs in the state and on relevant operational aspects
21 of any grant, loan, or revenue collection program established under this part;
22 (b) recommend specific projects to the director;
23 (c) [
24 (d) make recommendations on grants, loans, or contracts from the trust fund for any of the
25 activities authorized under this part;
26 (e) establish the criteria by which loans and grants will be made;
27 (f) determine the order in which approved projects will be funded; [
28 (g) [
29 trust fund in accordance with the procedures, conditions, and restrictions placed upon the monies
30 by the donors; and
31 (h) solicit public and private funding for the trust fund.
1 (10) Trust fund monies may be used for any of the following activities:
2 (a) training of child care providers;
3 (b) scholarships and grants for child care providers' professional development;
4 (c) public awareness and consumer education services;
5 (d) child care provider recruitment;
6 (e) Office of Child Care sponsored activities;
7 [
8 [
9 [
10 affordability, or accessibility.
11 (11) The executive director, with the consent of the committee, may grant, lend, or
12 contract trust fund money to:
13 (a) local governments;
14 (b) nonprofit community, charitable, or neighborhood-based organizations;
15 (c) regional or statewide nonprofit organizations; or
16 (d) child care providers.
17 (12) Preference may be given but not limited to applicants for trust fund monies that
18 demonstrate any of the following:
19 (a) programatic or financial need;
20 (b) diversity of clientele or geographic location; and
21 (c) coordination with or enhancement of existing services.
22 (13) The executive director or the executive director's designee shall monitor the activities
23 of the recipients of grants, loans, or contracts issued from the trust fund on an annual basis to
24 ensure compliance with the terms and conditions imposed on the recipient by the trust fund.
25 (14) The entities receiving grants, loans, or contracts shall provide the executive director
26 with an annual accounting of how the monies they received from the trust fund have been spent.
27 (15) The executive director shall report to the committee regarding the programs and the
28 services funded by the trust fund.
29 Section 238. Section 35A-4-104 (Effective 07/01/97) is amended to read:
30 35A-4-104 (Effective 07/01/97). Violations of chapter -- Penalties.
31 (1) (a) Any person who makes a false statement or representation knowing it to be false
1 or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment
2 under this chapter or under the Unemployment Compensation Law of any state or of the Federal
3 Government, either for himself or for any other person, is guilty of a class A misdemeanor.
4 (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection
5 (1) shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
6 (c) Each false statement or representation or failure to disclose a material fact constitutes
7 a separate offense.
8 (2) (a) Any employing unit or any officer or agent of an employing unit or any other
9 person who makes a false statement or representation knowing it to be false, or who knowingly
10 fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual
11 entitled thereto, or to avoid becoming or remaining a subject employer or to avoid or reduce any
12 contribution or other payment required from an employing unit under this chapter or under the
13 Unemployment Compensation Law of any state or of the federal government, or who willfully
14 fails or refuses to make any such contributions or other payment or to furnish any reports required
15 in this chapter or to produce or permit the inspection or copying of records as required hereunder
16 is guilty of a class A misdemeanor.
17 (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection
18 (2) shall be not less than $50 and a penalty of imprisonment shall be for not longer than 60 days.
19 (c) Each false statement or representation or failure to disclose a material fact, and each
20 day of the failure or refusal constitutes a separate offense.
21 (3) (a) Any person who willfully violates any provision of this chapter or any order, rule,
22 made under this chapter, the violation of which is made unlawful or the observance of which is
23 required under the terms of this chapter, and for which a penalty is neither prescribed in this
24 chapter nor provided by any other applicable statute is guilty of a class A misdemeanor.
25 (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection
26 (3) shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
27 (c) Each day a violation continues shall be a separate offense.
28 (4) (a) If any employee of the department, in violation of [
29 Section 35A-4-312, makes any disclosure of information obtained from any employing unit or
30 individual in the administration of this chapter, or if any person who has obtained any list of
31 applicants for work, or of claimants or recipients of benefits, under this chapter shall use or permit
1 the use of such list for any political purpose, he is guilty of a class A misdemeanor.
2 (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection
3 (4) shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
4 Section 239. Section 35A-4-106 (Effective 07/01/97) is amended to read:
5 35A-4-106 (Effective 07/01/97). Reciprocal arrangements with other jurisdictions.
6 (1) The division is authorized to enter into reciprocal arrangements with appropriate and
7 authorized agencies of other states or of the federal government, or both, [
8 with Subsections (1)(a) through (d):
9 (a) Services performed by an individual for a single employing unit for which services are
10 customarily performed in more than one state shall be considered to be services performed entirely
11 within any one of the states:
12 (i) in which any part of the individual's service is performed;
13 (ii) in which the individual has [
14 (iii) in which the employing unit maintains a place of business, [
15 effect, as to such services, an election, approved by the agency charged with the administration of
16 such state's unemployment compensation law, pursuant to which all the services performed by the
17 individual for the employing unit are considered to be performed entirely within the state.
18 (b) The division shall participate in any arrangements for the payment of benefits on the
19 basis of combining an individual's wages and employment covered under this chapter with [
20 the individual's wages and employment covered under the unemployment compensation laws of
21 other states that:
22 (i) are approved by the Secretary of Labor in consultation with the state unemployment
23 compensation agencies as reasonably calculated to assure the prompt and full payment of
24 compensation in such situations; and [
25 (ii) include provisions for:
26 [
27 of an individual's wages and employment covered under two or more state unemployment
28 compensation laws; and
29 [
30 combining.
31 (c) (i) Wages or services, upon the basis of which an individual may become entitled to
1 benefits under an unemployment compensation law of another state or of the federal government,
2 shall be considered to be wages for insured work for the purpose of determining [
3 individual's rights to benefits under this chapter[
4 (ii) Wages for insured work, on the basis of which an individual may become entitled to
5 benefits under this chapter shall be considered to be wages or services on the basis of which
6 unemployment compensation under the law of another state or of the federal government is
7 payable.
8 [
9 for reimbursements:
10 (A) to the fund for the benefits paid under this chapter upon the basis of such wages or
11 services[
12 (B) from the fund for such of the compensation paid under the other law upon the basis
13 of wages for insured work, as the director of the division finds will be fair and reasonable as to all
14 affected interests.
15 (d) (i) Contributions due under this chapter with respect to wages for insured work shall,
16 for the purposes of Section 35A-4-305, be considered to have been paid to the fund as of the date
17 payment was made as contributions therefor under another state or Federal [
18 Unemployment Compensation Law.
19 (ii) [
20 the reimbursement to the fund of the contributions and the actual earnings thereon as the director
21 of the division finds will be fair and reasonable as to all affected interests.
22 (2) (a) Reimbursement paid from the fund pursuant to Subsection (1)(c) shall be
23 considered to be benefits for the purpose of Sections 35A-4-401 and 35A-4-501.
24 (b) The division is authorized to make to other state or federal agencies and to receive
25 from other state or federal agencies reimbursements from or to the fund in accordance with
26 arrangements entered into pursuant to Subsection (1).
27 (3) (a) The administration of this chapter and of other state and federal unemployment
28 compensation and public employment service laws will be promoted by cooperation between this
29 state and the other states and the appropriate federal agencies in exchanging services, and making
30 available facilities and information.
31 (b) The division is authorized to make investigations, secure and transmit information,
1 make available services and facilities, and exercise other powers provided [
2 with respect to the administration of this chapter as it considers necessary or appropriate to
3 facilitate the administration of any unemployment compensation or public employment service
4 law, and in like manner, to accept and [
5 available to this state by the agency charged with the administration of any other unemployment
6 compensation or public employment service law.
7 (4) To the extent permissible under the laws and Constitution of the United States, the
8 director of the division is authorized to enter into or cooperate in arrangements whereby facilities
9 and services provided under this chapter and facilities and services provided under the
10 unemployment compensation law of any foreign government, may be utilized for the taking of
11 claims and the payment of benefits under this chapter or under a similar law of the foreign
12 government.
13 Section 240. Section 35A-4-107 (Effective 07/01/97) is amended to read:
14 35A-4-107 (Effective 07/01/97). Limit of liability -- State -- Department.
15 (1) Benefits shall be considered to be due and payable under this chapter only to the extent
16 provided in this chapter and to the extent that moneys are available to the credit of the
17 Unemployment Compensation Fund [
18 (2) The state [
19 held liable for any amount [
20 Unemployment Compensation Fund.
21 Section 241. Section 35A-4-201 (Effective 07/01/97) is amended to read:
22 35A-4-201 (Effective 07/01/97). General definitions.
23 As used in this chapter:
24 (1) "Base-period" means[
25
26
27 quarters next preceding the first day of the individual's benefit year with respect to any individual
28 whose benefit year commences on or after January 5, 1986.
29 (2) "Benefit year" means the 52 consecutive week period beginning with the first week
30 with respect to which an individual files for benefits and is found to have an insured status.
31 (3) "Benefits" means the money payments payable to an individual as provided in this
1 chapter with respect to [
2 (4) "Calendar quarter" means the period of three consecutive months ending on March 31,
3 June 30, September 30, or December 31, or the equivalent, as the department may by rule
4 prescribe.
5 (5) "Contribution" means the money payments required by this chapter to be made into
6 the Unemployment Compensation Fund by any employing unit on account of having individuals
7 in its employ.
8 (6) "Division" means the Division of [
9 and Payment Services.
10 (7) "Employment office" means a free public employment office or branch operated by
11 this or any other state as a part of a state-controlled system of public employment offices or by a
12 federal agency charged with the administration of an unemployment compensation program or free
13 public employment offices.
14 (8) "Employment Security Administration Fund" means the fund established by Section
15 35A-4-505, and from which administrative expenses under this chapter shall be paid.
16 (9) "Extended benefits" has the meaning specified in Subsection 35A-4-402(7)(f).
17 (10) "Fund" means the Unemployment Compensation Fund established by this chapter.
18 (11) "Insured average annual wage" means on or before the 15th day of May of each year,
19 the total wages of insured workers for the preceding calendar year, divided by the average monthly
20 number of insured workers, determined by dividing by 12 the total insured workers for the
21 preceding calendar year as determined under the rules of the department calculated to two decimal
22 places, disregarding any fraction of one cent.
23 (12) "Insured average fiscal year wage" means on or before the 15th day of November of
24 each year, the total wages of insured workers for the preceding fiscal year, divided by the average
25 monthly number of insured workers, determined by dividing by 12 the total insured workers for
26 the preceding fiscal year as determined under the rules of the department calculated to two decimal
27 places, disregarding any fraction of one cent.
28 (13) "Insured average fiscal year weekly wage" means the insured average fiscal year wage
29 determined in Subsection (12), divided by 52, calculated to two decimal places, disregarding any
30 fraction of one cent.
31 (14) "Insured average weekly wage" means the insured average annual wage determined
1 in Subsection (11), divided by 52, calculated to two decimal places, disregarding any fraction of
2 one cent.
3 (15) "Insured status" means that an individual has, during [
4 base-period, performed services and earned wages in employment sufficient to qualify for benefits
5 under Section 35A-4-403.
6 (16) "Insured work" means employment for [
7 Section 35A-4-203.
8 (17) "Monetary base period wage requirement" means 8% of the insured average fiscal
9 year wage for the preceding fiscal year, for example, fiscal year 1990 for individuals establishing
10 benefit years in 1991, rounded up to the next higher multiple of $100.
11 (18) "State" includes the Commonwealth of Puerto Rico, the Virgin Islands, and the
12 District of Columbia.
13 (19) "Week" means the period or periods of seven consecutive calendar days as the
14 department may prescribe by rule.
15 Section 242. Section 35A-4-202 (Effective 07/01/97) is amended to read:
16 35A-4-202 (Effective 07/01/97). Employing units.
17 (1) (a) "Employing unit" means:
18 (i) any individual or type of organization that has or subsequent to January 1, 1935, had
19 one or more individuals performing services for it within the state including any:
20 (A) partnership[
21 (B) association[
22 (C) trust[
23 (D) estate[
24 (E) joint stock company[
25 (F) insurance company[
26 (G) limited liability company;
27 (H) limited liability partnership;
28 (I) joint venture;
29 (J) corporation, whether domestic or foreign[
30 (K) the receiver, trustee in bankruptcy, trustee or successor of any [
31 listed in Subsections (1)(a)(i)(A) through (J); or
1 (L) the legal representative of a deceased person[
2
3 (ii) any properly and legally licensed employee leasing company as defined by Section
4 58-59-102.
5 (b) The department may adopt rules specific to employee leasing companies pursuant to
6 Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
7 (c) All individuals performing services within this state for any employing unit that
8 maintains two or more separate establishments within this state are considered to be performing
9 services for a single employing unit for all the purposes of this chapter.
10 (d) Each individual employed to perform or to assist in performing the work of any person
11 in the service of an employing unit is considered to be engaged by the employing unit for all the
12 purposes of this chapter whether the individual was hired or paid directly by the employing unit
13 or by the person, provided the employing unit had actual or constructive knowledge of the work.
14 (2) "Hospital" means an institution that is licensed, certified, or approved by the
15 Department of Health as a hospital.
16 (3) "Institution of higher education," for the purposes of this section, means an educational
17 institution that:
18 (a) (i) admits, as regular students only, individuals having a certificate of graduation from
19 a high school or the recognized equivalent of a certificate;
20 (ii) is legally authorized in this state to provide a program of education beyond high
21 school;
22 (iii) provides:
23 (A) an educational program for which it awards a bachelor's or higher degree[
24
25 (B) a program that is acceptable for full credit toward [
26 degree[
27 (C) a program of postgraduate or postdoctoral studies[
28 (D) a program of training to prepare students for gainful employment in a recognized
29 occupation; and
30 (iv) is a public or other nonprofit institution.
31 (b) All colleges and universities in this state are institutions of higher education for
1 purposes of this section.
2 Section 243. Section 35A-4-204 (Effective 07/01/97) is amended to read:
3 35A-4-204 (Effective 07/01/97). Definition of employment.
4 (1) Subject to the other provisions of this section, "employment" means any service
5 performed for wages or under any contract of hire, whether written or oral, express or implied,
6 including service in interstate commerce, and service as an officer of a corporation.
7 (2) "Employment" includes an individual's entire service performed within or both within
8 and without this state if [
9 satisfied[
10 (a) The service is localized in this state. Service is localized within this state if:
11 (i) the service is performed entirely within the state; or
12 (ii) the service is performed both within and without the state, but the service performed
13 without the state is incidental to the individual's service within the state, for example, is temporary
14 or transitory in nature or consists of isolated transactions.
15 (b) (i) The service is not localized in any state but some of the service is performed in this
16 state and the individual's base of operations, or, if there is no base of operations, the place from
17 which the service is directed or controlled, is in this state; or
18 (ii) the individual's base of operations or place from which the service is directed or
19 controlled is not in any state in which some part of the service is performed, but the individual's
20 residence is in this state.
21 (c) (i) (A) The service is performed entirely outside this state and is not localized in any
22 state[
23 (B) the worker is one of a class of employees who are required to travel outside this state
24 in performance of their duties[
25 (C) (I) the base of operations is in this state; or[
26 (II) if there is no base of operations, the place from which the service is directed or
27 controlled is in this state.
28 (ii) Services covered by an election under Subsection 35A-4-310(3), and services covered
29 by an arrangement under Section 35A-4-106 between the division and the agency charged with
30 the administration of any other state or federal unemployment compensation law, under which all
31 services performed by an individual for an employing unit are considered to be performed entirely
1 within this state, are considered to be employment if the division has approved an election of the
2 employing unit for whom the services are performed, under which the entire service of the
3 individual during the period covered by the election is considered to be insured work.
4 (d) (i) The service is performed after December 31, 1977, in the employ of this state or any
5 of its instrumentalities or any county, city, town, school district, or any political subdivision
6 thereof or any of its instrumentalities or any instrumentality or more than one of the foregoing or
7 any instrumentality of any of the foregoing and one or more other states or political subdivisions[
8
9 (A) the service is excluded from employment as defined in the Federal Unemployment Tax
10 Act, 26 U.S.C. 3306(c)(7)[
11 (B) the service is not excluded from employment by Section 35A-4-205; and [
12
13 (C) as to any county, city, town, school district, or political subdivision of this state, or any
14 instrumentality of the same, that service is either:
15 [
16 employers in this state for Federal Unemployment Tax Act employer tax credit;
17 [
18 Federal Unemployment Tax Act, as amended; or
19 [
20 Federal Unemployment Tax Act, but coverage of the service is elected by a majority of the
21 members of the governing body of the political subdivision or instrumentality in accordance with
22 Section 35A-4-310.
23 (ii) Benefits paid on the basis of service performed in the employ of this state shall be
24 financed by payments to the division instead of contributions in the manner and amounts
25 prescribed by Subsections 35A-4-311(2)(a) and (4).
26 (iii) Benefits paid on the basis of service performed in the employ of any other
27 governmental entity described in Subsection (2) shall be financed by payments to the division in
28 the manner and amount prescribed by the applicable provisions of Section 35A-4-311.
29 (e) The service is performed by an individual in the employ of a religious, charitable,
30 educational, or other organization, but only if:
31 (i) the service is excluded from employment as defined in the Federal Unemployment Tax
1 Act, 26 U.S.C. 3306(c)(8), solely by reason of Section 3306 (c)(8) of that act; and
2 (ii) the organization had four or more individuals in employment for some portion of a day
3 in each of 20 different weeks, whether or not the weeks were consecutive, within either the current
4 or preceding calendar year, regardless of whether they were employed at the same moment of time.
5 (f) (i) The service is performed outside the United States after December 31, 1971, except
6 in Canada, in the employ of an American employer, other than service that is considered
7 employment under the provisions of Subsection (2) or the parallel provisions of another state's law
8 if:
9 (A) the employer's principal place of business in the United States is located in this state;
10 (B) the employer has no place of business in the United States but is:
11 (I) an individual who is a resident of this state[
12 (II) a corporation that is organized under the laws of this state[
13 (III) a partnership or trust in which the number of partners or trustees who are residents
14 of this state is greater than the number who are residents of any one other state; or
15 (C) none of the criteria of Subsections (2)(f)(i)(A) and (B) is met but:
16 (I) the employer has elected coverage in this state; or
17 (II) the employer [
18 has filed a claim for benefits[
19 (ii) "American employer" for purposes of Subsection (2) means a person who is:
20 (A) an individual who is a resident of the United States[
21 (B) a partnership if two-thirds or more of the partners are residents of the United States[
22 (C) a trust if all of the trustees are residents of the United States[
23 (D) a corporation organized under the laws of the United States or of any state;
24 (E) a limited liability company organized under the laws of the United States or of any
25 state;
26 (F) a limited liability partnership organized under the laws of the United States or of any
27 state; or
28 (G) a joint venture if two-thirds or more of the members are individuals, partnerships,
29 corporations, limited liability companies, or limited liability partnerships that qualify as American
30 employers.
31 (g) The service is performed after December 31, 1971[
1 (i) by an officer or member of the crew of an American vessel on or in connection with
2 the vessel[
3 (ii) the operating office from which the operations of the vessel, operating on navigable
4 waters within, or within and without, the United States, is ordinarily and regularly supervised,
5 managed, directed, and controlled within this state.
6 (h) A tax with respect to the service in this state is required to be paid under any federal
7 law imposing a tax against which credit may be taken for contributions required to be paid into a
8 state unemployment fund or that, as a condition for full tax credit against the tax imposed by the
9 Federal Unemployment Tax Act, is required to be covered under this chapter.
10 (i) (i) Notwithstanding [
11 performed:
12 (A) as an agent-driver or commission-driver engaged in distributing meat products,
13 vegetable products, fruit products, bakery products, beverages other than milk, or laundry or dry
14 cleaning services, for [
15 (B) as a traveling or city salesman, other than as an agent-driver or commission-driver,
16 engaged on a full-time basis in the solicitation on behalf of and the transmission to [
17 salesman's principal, except for sideline sales activities on behalf of some other person, of orders
18 from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar
19 establishments for merchandise for resale or supplies for use in their business operations.
20 (ii) The term "employment" as used in Subsection (2) includes services described in
21 Subsection (2)(i)(i) performed after December 31, 1971, only if:
22 (A) the contract of service contemplates that substantially all of the services are to be
23 performed personally by the individual;
24 (B) the individual does not have a substantial investment in facilities used in connection
25 with the performance of the services other than in facilities for transportation; and
26 (C) the services are not in the nature of a single transaction that is not part of a continuing
27 relationship with the person for whom the services are performed.
28 (j) The service is performed after December 31, 1977, by an individual in agricultural
29 labor as defined in Section 35A-4-206.
30 (k) The service is domestic service performed after December 31, 1977, in a private home,
31 local college club, or local chapter of a college fraternity or sorority performed for a person who
1 paid cash remuneration of $1,000 or more during any calendar quarter in either the current
2 calendar year or the preceding calendar year to individuals employed in the domestic service.
3 (3) Services performed by an individual for wages or under any contract of hire, written
4 or oral, express or implied, are considered to be employment subject to this chapter, unless it is
5 shown to the satisfaction of the division that:
6 (a) the individual is customarily engaged in an independently established trade,
7 occupation, profession, or business of the same nature as that involved in the contract of hire for
8 services; and
9 (b) the individual has been and will continue to be free from control or direction over the
10 means of performance of those services, both under the individual's contract of hire and in fact.
11 (4) If an employer, consistent with a prior declaratory ruling or other formal determination
12 by the division, has treated an individual as independently established and it is later determined
13 that the individual is in fact an employee, the department may by rule provide for waiver of the
14 employer's retroactive liability for contributions with respect to wages paid to the individual prior
15 to the date of the division's later determination, except to the extent the individual has filed a claim
16 for benefits.
17 (5) Notwithstanding any other provisions of this chapter, and in accordance with rules
18 made by the department, if two or more related corporations concurrently employ the same
19 individual and compensate the individual through a common paymaster that is one of the
20 corporations, each corporation [
21 (a) is considered to have paid as remuneration to the individual only the amounts actually
22 disbursed by it to the individual; and [
23 (b) is not be considered to have paid as remuneration to the individual amounts actually
24 disbursed to the individual by another of the other related corporations.
25 Section 244. Section 35A-4-205 (Effective 07/01/97) is amended to read:
26 35A-4-205 (Effective 07/01/97). Exempt employment.
27 (1) If the services are also exempted under the Federal Unemployment Tax Act, as
28 amended, employment [
29 (a) service performed prior to January 1, 1973, in the employ of a state, except as provided
30 in Subsection 35A-4-204(2)(d);
31 (b) service performed in the employ of a political subdivision of a state, except as provided
1 in Subsection 35A-4-204(2)(d);
2 (c) service performed in the employ of the United States Government or an instrumentality
3 of the United States immune under the United States Constitution from the contributions imposed
4 by this chapter, except that, to the extent that the Congress of the United States shall permit, this
5 chapter shall apply to those instrumentalities and to services performed for the instrumentalities
6 to the same extent as to all other employers, employing units, individuals and services; provided,
7 that if this state is not certified for any year by the Secretary of Labor under Section 3304 of the
8 Federal Internal Revenue Code of 1954, 26 U.S.C. 3304, the payments required of the
9 instrumentalities with respect to that year shall be refunded by the division from the fund in the
10 same manner and within the same period as is provided in Subsection 35A-4-306(5) with respect
11 to contributions erroneously collected;
12 (d) service performed after June 30, 1939, as an employee representative as defined in the
13 Railroad Unemployment Insurance Act, 45 U.S.C. 351 et seq., and service performed after June
14 30, 1939, for an employer as defined in that act except that if the division determines that any
15 employing unit which is principally engaged in activities not included in those definitions
16 constitutes such an employer only to the extent of an identifiable and separable portion of its
17 activities, this exemption applies only to services performed for the identifiable and separable
18 portion of its activities;
19 (e) agricultural labor as defined in Section 35A-4-206;
20 (f) domestic service in a private home, local college club, or local chapter of a college
21 fraternity or sorority, except as provided in Subsection 35A-4-204(2)(k);
22 (g) (i) service performed in the employ of a school, college, or university, if the service
23 is performed:
24 (A) by a student who is enrolled and is regularly attending classes at that school, college,
25 or university; or
26 (B) by the spouse of the student, if the spouse is advised, at the time the spouse
27 commences to perform that service, that the employment of that spouse to perform that service is
28 provided under a program to provide financial assistance to the student by the school, college, or
29 university, and that the employment will not be covered by any program of unemployment
30 insurance;
31 (ii) service performed by an individual who is enrolled at a nonprofit or public educational
1 institution, that normally maintains a regular faculty and curriculum and normally has a regularly
2 organized body of students in attendance at the place where its educational activities are carried
3 on, as a student in a full-time program taken for credit at the institution, that combines academic
4 instruction with work experience, if the service is an integral part of the program and the institution
5 has so certified to the employer, but this subsection does not apply to service performed in a
6 program established for or on behalf of an employer or group of employers; or
7 (iii) service performed in the employ of a hospital, if the service is performed by a patient
8 of the hospital;
9 (h) service performed by an individual in the employ of [
10 daughter, or spouse, and service performed by a child under the age of 21 in the employ of [
11
12 (i) for the purposes of Subsections 35A-4-204(2)(d) and (e), service performed:
13 (i) in the employ of:
14 (A) a church or convention or association of churches; or
15 (B) an organization that is operated primarily for religious purposes and that is operated,
16 supervised, controlled, or principally supported by a church or convention or association of
17 churches;
18 (ii) by a duly ordained, commissioned, or licensed minister of a church in the exercise of
19 [
20 by the order;
21 (iii) after December 31, 1977, in the employ of a governmental entity referred to in
22 Subsection 35A-4-204(2) if the service is performed by an individual in the exercise of [
23 individual's duties:
24 (A) as an elected official;
25 (B) as a member of a legislative body or the judiciary of the state or its political
26 subdivisions;
27 (C) as a member of the National Guard or Air National Guard;
28 (D) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake,
29 flood, or similar emergency; or
30 (E) in an advisory position or a policymaking position the performance of the duties of
31 which ordinarily does not require more than eight hours per week;
1 (iv) in a facility conducted for the purpose of carrying out a program of rehabilitation for
2 individuals whose earning capacity is impaired by age, physical or mental deficiency, injury, or
3 providing a remunerative work for individuals who, because of their impaired physical or mental
4 capacity, cannot be readily absorbed in the competitive labor market by an individual receiving
5 that rehabilitation or remunerative work;
6 (v) as part of an unemployment work-relief or work-training program, assisted or financed
7 in whole or in part by any federal agency or an agency of a state or political subdivision [
8 of the state, by an individual receiving the work-relief or work-training;
9 (vi) prior to January 1, 1978, for a hospital in a state prison or other state correctional
10 institution by an inmate of the prison or correctional institution and after December 31, 1977, by
11 an inmate of a custodial or penal institution;
12 (j) casual labor not in the course of the employing unit's trade or business;
13 (k) service performed in any calendar quarter in the employ of any organization exempt
14 from income tax under Subsection 501(a) [
15 organization described in Subsection 401(a)[
16 Revenue Code, if the remuneration for the service is less than $50;
17 (l) service is performed in the employ of a foreign government, including service as a
18 consular or other officer, other employee, or a nondiplomatic representative;
19 (m) service performed in the employ of an instrumentality wholly owned by a foreign
20 government:
21 (i) if the service is of a character similar to that performed in foreign countries by
22 employees of the United States government or its instrumentalities; and
23 (ii) if the division finds that the United States Secretary of State has certified to the United
24 States Secretary of the Treasury that the foreign government with respect to whose instrumentality
25 exemption is claimed grants an equivalent exemption with respect to similar service performed in
26 the foreign country by employees of the United States government and its instrumentalities;
27 (n) service performed by an individual for a person as an insurance agent or as an
28 insurance solicitor, if all the service performed by the individual for that person is performed for
29 remuneration solely by way of commission;
30 (o) service performed by an individual in the delivery or distribution of newspapers or
31 shopping news, not including delivery or distribution to any point for subsequent delivery or
1 distribution;
2 (p) service covered by an arrangement between the division and the agency charged with
3 the administration of any other state or federal unemployment compensation law under which all
4 services performed by an individual for an employing unit during the period covered by the
5 employing unit's duly approved election, are considered to be performed entirely within the
6 agency's state or under the federal law;
7 (q) service performed by lessees engaged in metal mining under lease agreements, unless
8 the individual lease agreement, or the practice in actual operation under the agreement, is such as
9 would constitute the lessees' employees of the lessor at common law;
10 (r) service performed by an individual for a person as a licensed real estate agent or
11 salesman if all the service performed by the individual for that person is performed for
12 remuneration solely by way of commission;
13 (s) service performed by an individual for a person as a licensed securities agent or
14 salesman, registered representative, if the service performed by the individual for that person is
15 performed for remuneration solely by way of commission;
16 (t) [
17
18 performed outside of all places of business of the enterprises for which the services are performed
19 except:
20 (i) as provided in Subsection 34A-4-204(2)(i); or
21 (ii) if the services would constitute employment at common law;
22 (u) service performed by an individual as a telephone survey conductor or pollster if:
23 (i) the individual does not perform the service on the principal's premises; and [
24 (ii) the individual is paid for the service solely on a piece-rate or commission basis; or
25 (v) service performed by a nurse licensed or registered under Title 58, Chapter 31, Nurse
26 Practice Act, if:
27 (i) the service of the nurse is performed in the home of the patient;
28 (ii) substantially all of the nurse's compensation for the service is from health insurance
29 proceeds; and
30 (iii) no compensation or fee for the service is paid to any agency or company as a business
31 furnishing nursing services.
1 (2) "Included and excluded service" means if the services performed during 1/2 or more
2 of any pay period by an individual for the person employing [
3 employment, all the services of the individual for the period are considered to be employment; but
4 if the services performed during more than half of any such pay period by an individual for the
5 person employing [
6 of the individual for the period are considered to be employment. As used in this subsection, "pay
7 period" means a period of not more than 31 consecutive days for which payment of remuneration
8 is ordinarily made to the individual by the person employing [
9 Section 245. Section 35A-4-206 (Effective 07/01/97) is amended to read:
10 35A-4-206 (Effective 07/01/97). Agricultural labor.
11 (1) "Agricultural labor" means any [
12
13 performed after December 31, 1971:
14 (a) on a farm, in the employ of any person in connection with cultivating the soil, or in
15 connection with raising or harvesting any agricultural or horticultural commodity, including the
16 raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and
17 fur-bearing animals and wildlife;
18 (b) in the employ of the owner or tenant or other operator of a farm, in connection with
19 the operation, management, conservation, improvement, or maintenance of the farm and its tools
20 and equipment, or in salvaging timber or clearing land of brush and other debris left by a
21 hurricane, if the major part of the service is performed on a farm;
22 (c) in connection with:
23 (i) the production or harvesting of any commodity defined as an agricultural commodity
24 in Subsection 15 (g) of the Federal Agricultural Marketing Act, as amended, 46 Stat. 1550 Sec.
25 3; 12 U.S.C. 1141j[
26 (ii) the ginning of cotton[
27 (iii) the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned
28 or operated for profit, used primarily for supplying and storing water for farming purposes;
29 (d) in the employ of the operator of a farm in handling, planting, drying, packing,
30 packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a
31 carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural
1 commodity; but only if the operator produced more than 1/2 of the commodity with respect to
2 which the service is performed; or
3 (e) in the employ of a group of operators of farms, or a cooperative organization of which
4 the operators are members, in the performance of service described in Subsection (1)(d), but only
5 if the operators produced more than 1/2 of the commodity with respect to which the service is
6 performed.
7 (2) (a) [
8 service:
9 (i) performed in connection with commercial canning or commercial freezing[
10 (ii) in connection with any agricultural or horticultural commodity after its delivery to a
11 terminal market for distribution for consumption[
12 (iii) on a farm operated for profit if the service is not in the course of the employer's trade
13 or business.
14 (b) As used in Subsection (1), "farm" includes stock, dairy, poultry, fruit, fur-bearing
15 animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar
16 structures used primarily for the raising of agricultural or horticultural commodities and orchards.
17 (3) (a) Services performed by an individual in agricultural labor are considered
18 employment when[
19 (i) during any calendar quarter in either the current or the preceding calendar year paid
20 remuneration in cash of $20,000 or more to individuals employed in agricultural labor; or
21 (ii) for some portion of a day in each of 20 different calendar weeks, whether or not the
22 weeks were consecutive, in either the current or the preceding calendar year, employed in
23 agricultural labor ten or more individuals, regardless of whether they were employed at the same
24 moment of time.
25 (b) For the purposes of this Subsection (3), any individual who is a member of a crew
26 furnished by a crew leader to perform service in agricultural labor for any other person is treated
27 as an employee of the crew leader:
28 (i) if the crew leader holds a valid certificate of registration under the Migrant and
29 Seasonal Agricultural Worker Protection Act;
30 (ii) if substantially all the members of the crew operate or maintain tractors, mechanized
31 harvesting, or crop dusting equipment, or any other mechanized equipment, that is provided by the
1 crew leader; and
2 (iii) if the individual is not an employee of the other person within the meaning of Section
3 35A-4-204.
4 (c) For the purposes of this Subsection (3), in the case of any individual who is furnished
5 by a crew leader to perform service in agricultural labor for any other person and who is not treated
6 as an employee of the crew leader under Subsection (3)(b)(iii):
7 (i) the other person and not the crew leader is treated as the employer of the individual;
8 and
9 (ii) the other person is treated as having paid cash remuneration to the individual in an
10 amount equal to the amount of cash remuneration paid to the individual by the crew leader, either
11 on [
12 labor performed for the other person.
13 (d) For the purposes of this Subsection (3), "crew leader" means an individual who:
14 (i) furnishes individuals to perform service in agricultural labor for any other person;
15 (ii) pays, either on [
16 individuals so furnished by [
17 by them; and
18 (iii) has not entered into a written agreement with the other person under which the
19 individual is designated as an employee of the other person.
20 Section 246. Section 35A-4-305 (Effective 07/01/97) is amended to read:
21 35A-4-305 (Effective 07/01/97). Collection of contributions -- Unpaid contributions
22 to bear interest.
23 (1) (a) Contributions unpaid on the date on which they are due and payable, as prescribed
24 by the division, shall bear interest at the rate of 1% per month from and after that date until
25 payment plus accrued interest is received by the division.
26 (b) (i) Contribution reports not made and filed by the date on which they are due as
27 prescribed by the division shall be subject to a penalty to be assessed and collected in the same
28 manner as contributions due under this section equal to 5% of the contribution due if the failure
29 to file on time was not more than 15 days, with an additional 5% for each additional 15 days or
30 fraction thereof during which the failure continued, but not to exceed 25% in the aggregate and not
31 less than $25 with respect to each reporting period.
1 (ii) If a report is filed after such time and it is shown to the satisfaction of the division or
2 its authorized representative that the failure to file was due to a reasonable cause and not to willful
3 neglect, no addition shall be made to the contribution.
4 (c) (i) If contributions are unpaid after ten days from the date of the mailing or personal
5 delivery by the division or its authorized representative, of a written demand for payment, there
6 shall attach to the contribution, to be assessed and collected in the same manner as contributions
7 due under this section, a penalty equal to 5% of the contribution due.
8 (ii) [
9 delivery, arrangements for payment have been made with the division, or its authorized
10 representative, and payment is made in accordance with those arrangements.
11 (d) The division shall assess as a penalty a service charge, in addition to any other penalties
12 that may apply, in an amount not to exceed the maximum service charge allowed by Subsection
13 7-15-1(2) for dishonored instruments if:
14 (i) any amount due the division for contributions, interest, other penalties or benefit
15 overpayments is paid by check, draft, order, or other instrument; and
16 (ii) the instrument is dishonored or not paid by the institution against which it is drawn.
17 (e) [
18 overpayments, contributions, interest, penalties, and assessed costs, uncollected three years after
19 they become due, may be charged as uncollectable and removed from the records of the division
20 if:
21 (i) no assets belonging to the liable person and subject to attachment can be found[
22 (ii) in the opinion of the division there is no likelihood of collection at a future date. [
23
24 (f) Interest and penalties collected in accordance with [
25 be paid into the Special Administrative Expense Fund.
26 (g) Action required for the collection of sums due under this chapter is subject to the
27 applicable limitations of actions under Title 78, Chapter 12, Limitation of Actions.
28 (2) (a) If an employer fails to file a report when prescribed by the division for the purpose
29 of determining the amount of the employer's contribution due under this chapter, or if the report
30 when filed is incorrect or insufficient or is not satisfactory to the division, the division may
31 determine the amount of wages paid for employment during the period or periods with respect to
1 which the reports were or should have been made and the amount of contribution due from the
2 employer on the basis of such information as it may be able to obtain.
3 (b) The division shall give written notice of the determination to the employer.
4 (c) The determination is considered correct unless:
5 (i) the employer, within ten days after mailing or personal delivery of notice of the
6 determination, applies to the division for a review of the determination as provided in Section
7 35A-4-508; or
8 (ii) unless the division or its authorized representative of its own motion reviews the
9 determination.
10 (d) The amount of contribution so determined shall be subject to penalties and interest as
11 provided in Subsection (1).
12 (3) (a) If, after due notice, any employer defaults in any payment of contributions, interest,
13 or penalties [
14 overpayments and penalties on the overpayments, the amount due shall be collectible by civil
15 action in the name of the division, and the employer adjudged in default shall pay the costs of the
16 action.
17 (b) Civil actions brought under this section to collect contributions, interest or penalties
18 from an employer, or benefit overpayments and penalties from a claimant shall be:
19 (i) heard by the court at the earliest possible date; and [
20 (ii) entitled to preference upon the calendar of the court over all other civil actions except:
21 (A) petitions for judicial review under this chapter; and
22 (B) cases arising under the workers' compensation law of this state.
23 (c) (i) To collect contributions, interest or penalties, or benefit overpayments and penalties
24 due from employers or claimants located outside Utah the division may employ private collectors
25 providing debt collection services outside Utah. Accounts may be placed with private collectors
26 only after the employer or claimant has been given a final notice that the division intends to place
27 the account with a private collector for further collection action. The notice shall advise the
28 employer or claimant of the employer's or claimant's rights under this chapter and the rules
29 applicable of the [
30 (ii) A private collector may receive as compensation up to, but no more than, 25% of the
31 lesser of the amount collected or the amount due, plus the costs and fees of any civil action or
1 post-judgment remedy instituted by the private collector with the approval of the division. The
2 employer or claimant shall be liable to pay the compensation of the collector, costs, and fees in
3 addition to the original amount due.
4 (iii) A private collector is subject to the federal 15 U.S.C. Sec. 1692 et seq. Fair Debt
5 Collection Practices Act.
6 (iv) A civil action may not be maintained by any private collector without specific prior
7 written approval of the division. When division approval is given for civil action against an
8 employer or claimant, the division may cooperate with the private collector to the extent necessary
9 to effect the civil action.
10 (d) (i) Notwithstanding Section 35A-4-312, the division may disclose the contribution,
11 interest, penalties or benefit overpayments and penalties, costs due, the name of the employer or
12 claimant, and the employer's or claimant's address and telephone number when any collection
13 matter is referred to a private collector under Subsection (3)(c).
14 (ii) A private collector is subject to the confidentiality requirements and penalty provisions
15 provided in Section 35A-4-312 and Subsection 35A-4-104(4), except to the extent disclosure is
16 necessary in any civil action to enforce collection of the amounts due.
17 (e) [
18 to be an election to forego other collection procedures by the division.
19 (4) (a) In the event of any distribution of an employer's assets under an order of any court
20 under the laws of Utah, including any receivership, assignment for benefits of creditors,
21 adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter due
22 shall be paid in full prior to all other claims except taxes and claims for wages of not more than
23 $400 to each claimant, earned within five months of the commencement of the proceeding.
24 (b) If an employer commences a proceeding in the Federal Bankruptcy Court under any
25 chapter of the Bankruptcy Reform Act of 1978, 11 U.S.C. 101 et seq., as amended, contributions,
26 interest, and penalties then or thereafter due shall be entitled to the priority provided for taxes,
27 interest, and penalties in the Bankruptcy Reform Act of 1978.
28 (5) (a) In addition and as an alternative to any other remedy provided by this chapter and
29 provided that no appeal or other proceeding for review provided by this chapter is then pending
30 and the time for taking it has expired, the division may issue a warrant in duplicate, under its
31 official seal, directed to the sheriff of any county of the state, commanding the sheriff to levy upon
1 and sell the real and personal property of a delinquent employer or claimant found within the
2 sheriff's county for the payment of the contributions due thereon, with the added penalties, interest,
3 or benefit overpayment and penalties, and costs, and to return the warrant to the division and pay
4 into the fund the money collected by virtue [
5 specified, not more than 60 days from the date of the warrant.
6 (b) Immediately upon receipt of the warrant in duplicate, the sheriff shall file the duplicate
7 with the clerk of the district court in the sheriff's county. The clerk shall enter in the judgment
8 docket, in the column for judgment debtors, the name of the delinquent employer or claimant
9 mentioned in the warrant, and in appropriate columns the amount of the contribution, penalties,
10 interest, or benefit overpayment and penalties, and costs, for which the warrant is issued and the
11 date when the duplicate is filed.
12 (c) The amount of the warrant so docketed shall:
13 (i) have the force and effect of an execution against all personal property of the delinquent
14 employer; and [
15 (ii) become a lien upon the real property of the delinquent employer or claimant in the
16 same manner and to the same extent as a judgment duly rendered by any district court and
17 docketed in the office of the clerk.
18 (d) After docketing, the sheriff shall:
19 (i) proceed in the same manner as is prescribed by law with respect to execution issued
20 against property upon judgments of a court of record[
21 (ii) be entitled to the same fees for the sheriff's services in executing the warrant, to be
22 collected in the same manner.
23 (6) (a) Contributions imposed by this chapter are a lien upon the property of any employer
24 liable for the contribution required to be collected under this section who shall sell out the
25 employer's business or stock of goods or shall quit business, if the employer fails to make a final
26 report and payment on the date subsequent to the date of selling or quitting business on which they
27 are due and payable as prescribed by rule.
28 (b) An employer's successor, successors, or assigns, if any, shall be required to withhold
29 sufficient of the purchase money to cover the amount of the contributions and interest or penalties
30 due and payable until such time as the former owner shall produce a receipt from the division
31 showing that they have been paid or a certificate stating that no amount is due. If the purchaser
1 of a business or stock of goods fails to withhold sufficient purchase money [
2 the purchaser shall be personally liable for the payment of the amount of the contributions required
3 to be paid by the former owner, interest and penalties accrued and unpaid by the former owner,
4 owners, or assignors.
5 (7) (a) [
6 the division may give notice of the amount of the delinquency by registered mail to all persons
7 having in their possession or under their control, any credits or other personal property belonging
8 to the employer, or owing any debts to the employer at the time of the receipt by them of the notice
9 [
10 (b) Any persons notified under Subsection (7)(a) shall neither transfer nor make any other
11 disposition of the credits, other personal property, or debts until:
12 (i) the division has consented to a transfer or disposition[
13 (ii) 20 days after the receipt of the notice.
14 [
15 after receipt of the notice, advise the division of credits, other personal property, or other debts
16 in their possession, under their control or owing by them, as the case may be.
17 (8) (a) Each employer shall furnish the division necessary information for the proper
18 administration of this chapter and shall include wage information for each employee, for each
19 calendar quarter beginning October 1, 1984. The information shall be furnished at a time, in the
20 form, and to those individuals as the department may by rule require.
21 (b) Each employer shall furnish each individual worker who is separated that information
22 as the department may by rule require, and shall furnish within 48 hours of the receipt of a request
23 from the division a report of the earnings of any individual during the individual's base-period.
24 The report shall be on a form prescribed by the division and contain all information prescribed by
25 the division.
26 (c) For each failure by an employer to conform to [
27 the division shall, unless good cause is shown to the satisfaction of the division for the failure,
28 assess a $50 penalty to be collected in the same manner as contributions due under this chapter.
29 (9) If any person liable to pay any contribution or benefit overpayment imposed by this
30 chapter neglects or refuses to pay the same after demand, the amount, including any interest,
31 additional amount, addition to contributions, or assessable penalty, together with any additional
1 accruable costs, shall be a lien in favor of the division upon all property and rights to property,
2 whether real or personal belonging to the person.
3 (10) (a) The lien imposed by Subsection (9) arises at the time the assessment, as defined
4 in the department rules, is made and continues until the liability for the amount so assessed, or a
5 judgment against the taxpayer arising out of the liability, is satisfied.
6 (b) The lien imposed by Subsection (9) is not valid as against any purchaser, holder of a
7 security interest, mechanics lien holder, or judgment lien creditor until a warrant which meets the
8 requirements of Subsection (5) has been filed with the clerk of the district court. For the purposes
9 of Subsection (10)(b):
10 (i) "Judgment lien creditor" means a person who obtains a valid judgment of a court of
11 record for recovery of specific property or a sum certain of money, and who in the case of a
12 recovery of money, has a perfected lien under the judgment on the property involved. A judgment
13 lien does not include inchoate liens such as attachment or garnishment liens until they ripen into
14 a judgment. A judgment lien does not include the determination or assessment of a quasi-judicial
15 authority, such as a state or federal taxing authority.
16 (ii) "Mechanics lien holder" means any person who has a lien on real property, or on the
17 proceeds of a contract relating to real property, for services, labor, or materials furnished in
18 connection with the construction or improvement of the property. A person has a lien on the
19 earliest date the lien becomes valid against subsequent purchasers without actual notice, but not
20 before [
21 (iii) "Person" means:
22 (A) an individual[
23 (B) a trust[
24 (C) an estate[
25 (D) a partnership[
26 (E) an association[
27 (F) a company[
28 (G) a limited liability company[
29 (H) a limited liability partnership[
30 (I) a corporation.
31 (iv) "Purchaser" means a person who, for adequate and full consideration in money or
1 money's worth, acquires an interest, other than a lien or security interest, in property which is valid
2 under state law against subsequent purchasers without actual notice.
3 (v) "Security interest" means any interest in property acquired by contract for the purpose
4 of securing payment or performance of an obligation or indemnifying against loss or liability. A
5 security interest exists at any time:
6 (A) the property is in existence and the interest has become protected under the law against
7 a subsequent judgment lien arising out of an unsecured obligation; and
8 (B) to the extent that, at that time, the holder has parted with money or money's worth.
9 Section 247. Section 35A-4-306 (Effective 07/01/97) is amended to read:
10 35A-4-306 (Effective 07/01/97). Charging benefit costs to employer.
11 (1) Benefit costs of former workers of an employer will be charged to the employer in the
12 same proportion as the wages paid by that employer in the base period bear to the total wages of
13 all employers of that worker in the base period, calculated to the nearest five decimal places.
14 (2) Notification by the division that a worker has filed an initial claim for unemployment
15 insurance benefits will be sent to all base-period employers and all subsequent employers prior to
16 the payment of benefits. Any employing unit that receives a notice of the filing of a claim may
17 protest payment of benefits to former employees or charges to the employer if the protest is filed
18 within ten days after the date the notice is issued.
19 (3) On or before November 1 of each year beginning November 1, 1984, each employer
20 shall receive notification of all benefit costs of former workers that have been charged to that
21 employer in the immediately preceding fiscal year. Any employing unit that receives a notice of
22 benefit charges may protest the correctness of the charges if the protest is filed within 30 days after
23 the date the notice is issued.
24 (4) On written request made by an employer, corrections or modifications of the
25 employer's wages shall be taken into account for the purpose of redetermining [
26 contribution rate. The request shall be made to the [
27 the calendar year following the year for which the contribution rate is assigned. The division may,
28 within a like period upon its own initiative, redetermine an employer's contribution rate.
29 (5) (a) If no later than three years after the date on which any contributions or interest or
30 penalty [
31 or penalty may make application for an adjustment in connection with subsequent contribution
1 payments, or for a refund because the adjustment cannot be made, and the division shall determine
2 that the contributions or interest or penalty or any portion thereof was erroneously collected, the
3 division shall allow the employer to make an adjustment, without interest, in connection with
4 subsequent contribution payments by [
5 division shall refund that amount, without interest.
6 (b) Refunds of contributions shall be made from the clearing account or the benefit
7 account in the fund, and refunds of interest and penalty shall be made from the special
8 administrative expense fund or from the interest and penalty moneys in the clearing account of the
9 fund.
10 (c) For like cause and within the same period, an adjustment or refund may be made on
11 the division's own initiative.
12 (d) Decisions with respect to applications for refund are final unless the employing unit,
13 within ten days after the mailing or personal delivery of notice of the decision, applies to the
14 division for a review of the decision as provided in Section 35A-4-508.
15 Section 248. Section 35A-4-312 (Effective 07/01/97) is amended to read:
16 35A-4-312 (Effective 07/01/97). Records.
17 (1) Each employing unit shall keep true and accurate work records containing any
18 information the department may prescribe by rule. The records shall be open to inspection and
19 subject to being copied by the division or its authorized representatives at any reasonable time and
20 as often as may be necessary. The employing unit shall make the records available in the state for
21 three years after the calendar year in which the services were rendered.
22 (2) The division may require from any employing unit any sworn or unsworn reports with
23 respect to persons employed by it that the division considers necessary for the effective
24 administration of this chapter.
25 (3) (a) Except as provided in this section or in Sections 35A-4-103, 35A-4-106, and
26 35A-4-504, information obtained under this chapter or obtained from any individual may not be
27 published or open to public inspection in any manner revealing the employing unit's or individual's
28 identity.
29 (b) The information obtained by the [
30 be used in any court or admitted into evidence in an action or proceeding, except:
31 (i) in an action or proceeding arising out of this chapter;
1 (ii) in an action or proceeding by the [
2 workers' compensation coverage requirements of [
3 (iii) where obtained pursuant to a court order.
4 (4) The information obtained by the [
5 be disclosed to:
6 (a) a party to a hearing before an administrative law judge or the division to the extent
7 necessary for the proper presentation of the party's case; or
8 (b) an employer, upon request in writing for any information concerning claims for
9 benefits with respect to the employer's former employees.
10 (5) The information obtained by the [
11 disclosed to:
12 (a) an employee of the department in the performance of the employee's duties in
13 administering this chapter;
14 (b) an employee of the [
15 the programs administered by the department for the protection of workers in the workplace;
16 (c) an employee of the governor's office and other state governmental agencies
17 administratively responsible for statewide economic development, to the extent necessary for
18 economic development policy analysis and formulation;
19 (d) an employee of [
20 identified and authorized by federal or state law to receive the information for the purposes stated
21 in the law authorizing the employee of the agency to receive the information;
22 (e) an employee of a governmental agency to the extent the information will aid in the
23 detection or avoidance of duplicate, inconsistent, or fraudulent claims against public assistance
24 funds, or the recovery of overpayments of public assistance funds;
25 (f) an employee of a law enforcement agency to the extent the disclosure is necessary to
26 avoid a significant risk to public safety or in aid of a felony criminal investigation;
27 (g) an employee of the State Tax Commission or the Internal Revenue Service for the
28 purposes of audit verification or simplification, state or federal tax compliance, verification of
29 Standard Industry Codes, and statistics;
30 (h) an employee of the department, an educational institution, or other governmental entity
31 engaged in programs providing job training to individuals for the purpose of coordinating services
1 and evaluating the effectiveness of the job training programs; or
2 (i) an employee of the Department of Community and Economic Development, for the
3 purpose of periodically publishing in the Directory of Business and Industry, the name, address,
4 telephone number, number of employees by range, Standard Industrial Code, and type of
5 ownership of Utah employers.
6 (6) Disclosure of private information pursuant to Subsection (5), with the exception of
7 Subsections (5)(d) and (f), shall be made only if:
8 (a) the [
9 on the willingness of employers to report wage and employment information or on the willingness
10 of individuals to file claims for unemployment benefits; and
11 (b) the agency enters into a written agreement with the [
12 with rules made by the department.
13 (7) The employees of a division of the department other than the Division of Workforce
14 Information and Payment Services or an agency receiving private information from the
15 [
16 confidentiality and to the same penalties for misuse or improper disclosure of the information as
17 employees of the [
18 by a person, or for a purpose other than one authorized in Subsection (4) or (5) violates Subsection
19 [
20 Section 249. Section 35A-4-403 (Effective 07/01/97) is amended to read:
21 35A-4-403 (Effective 07/01/97). Eligibility of individual -- Conditions -- Furnishing
22 reports -- Weeks of employment -- Successive benefit years.
23 (1) An unemployed individual is eligible to receive benefits with respect to any week only
24 if the division finds:
25 (a) The individual has made a claim for benefits with respect to that week in accordance
26 with any rules the department may prescribe.
27 (b) The individual has registered for work at, and thereafter continued to report at, an
28 employment office, in accordance with any rules the department may prescribe.
29 (c) The individual is able to work and is available for work during each and every week
30 with respect to which [
31 in good faith in an active effort to secure employment, except as provided in Subsection (3).
1 (d) The individual has been unemployed for a waiting period of one week with respect to
2 each benefit year. [
3 purpose of this subsection:
4 (i) unless it occurs within the benefit year that includes the week with respect to which [
5 the individual's claims benefits;
6 (ii) if benefits have been paid with respect to the claim; or
7 (iii) unless the individual was eligible for benefits with respect thereto as provided in this
8 section and Sections 35A-4-401[
9 Subsection (1)(d).
10 (e) (i) The individual has furnished the division separation and other [
11
12 (ii) Subsection (1)(e) [
13 of the division that [
14 information.
15 (iii) If any employer fails to furnish reports concerning separation and employment as
16 required by this chapter and rules adopted under the chapter, the division shall on the basis of such
17 information as it may obtain, determine the eligibility and insured status of any individual affected
18 by that failure and the employer is not considered to be an interested party to any such
19 determination.
20 (f) The individual's base period wages were at least 1 1/2 times [
21 for insured work paid during that quarter of [
22 individual's wages were highest or [
23 [
24 period and earned wages of at least 5% of the monetary base period wage requirement each week,
25 rounded to the nearest whole dollar, provided that [
26 were not less than the monetary base period wage requirement. The monetary base period wage
27 requirement is defined in Section 35A-4-201.
28 (g) The individual applying for benefits in a successive benefit year has had subsequent
29 employment since the effective date of the preceding benefit year equal to at least six times [
30 the individual's weekly benefit amount, in insured work, and [
31 employment experience in [
1 Subsection (1)(f).
2 (2) (a) An individual in training with the approval of the division is not ineligible to
3 receive benefits by reason of nonavailability for work, failure to search for work, refusal of suitable
4 work, or failure to apply for or to accept suitable work with respect to any week [
5 is in the approved training.
6 (b) Notwithstanding any other provision of this chapter, no otherwise eligible individual
7 shall be denied benefits for any week:
8 (i) because [
9 Act of 1974, 19 U.S.C. 2296(a)[
10 (ii) for leaving work to enter [
11 if the work left is not suitable employment[
12 (iii) because of the application to any such week in training of provisions in this law or any
13 applicable federal unemployment compensation law relating to availability for work, active search
14 for work, or refusal to accept work.
15 (c) For purposes of this Subsection (2), "suitable employment" means work of a
16 substantially equal or higher skill level than the individual's past adversely affected employment,
17 as defined for purposes of the Trade Act of 1974, and wages for that work at not less than 80% of
18 the individual's average weekly wage as determined for the purposes of the Trade Act of 1974.
19 (3) The department may, by rule, waive or alter either or both of the requirements of
20 Subsections (1)(a) and (b) as to individuals attached to regular jobs and as to other types of cases
21 or situations with respect to which it finds that compliance with the requirements would be
22 oppressive, or would be inconsistent with the purposes of this chapter as long as the rules do not
23 conflict with Subsection 35A-4-401(1).
24 Section 250. Section 35A-4-501 (Effective 07/01/97) is amended to read:
25 35A-4-501 (Effective 07/01/97). Unemployment Compensation Fund --
26 Administration -- Contents -- Treasurer and custodian -- Separate accounts -- Use of money
27 requisitioned -- Advances under Social Security Act.
28 (1) There is established the Unemployment Compensation Fund, separate and apart from
29 all public moneys or funds of this state, that shall be administered by the [
30 exclusively for the purposes of this chapter. This fund shall consist of the following moneys, all
31 of which shall be mingled and undivided:
1 (a) all contributions collected under this chapter, less refunds of contributions made from
2 the clearing account under Subsection 35A-4-306(5);
3 (b) interest earned upon any moneys in the fund;
4 (c) any property or securities acquired through the use of moneys belonging to the fund;
5 (d) all earnings of the property or securities;
6 (e) all money credited to this state's account in the unemployment trust fund under Section
7 903 of the Social Security Act, 42 U.S.C. 1101 et seq., as amended; and
8 (f) all other moneys received for the fund from any other source.
9 (2) (a) The state treasurer shall be the treasurer and custodian of the fund, and shall
10 administer this fund in accordance with the directions of the division and shall pay all warrants
11 drawn upon it by the division or its duly authorized agent in accordance with rules made by the
12 department. The division shall maintain within the fund three separate accounts:
13 (i) a clearing account;
14 (ii) an unemployment trust fund account; and
15 (iii) a benefit account.
16 (b) All moneys payable to the fund, upon receipt by the division, shall be immediately
17 deposited in the clearing account.
18 (c) All moneys in the clearing account after clearance shall, except as otherwise provided
19 in this section, be deposited immediately with the secretary of the treasury of the United States of
20 America to the credit of the account of this state in the unemployment trust fund, established and
21 maintained under Section 904 of the Social Security Act, 42 U.S.C. 1104, as amended, any
22 provisions of law in this state relating to the deposit, administration, release, or disbursement of
23 moneys in the possession or custody of this state to the contrary notwithstanding. Refunds of
24 contributions payable under Subsections 35A-4-205[
25 the clearing account or the benefit account.
26 (d) The benefit account shall consist of all moneys requisitioned from this state's account
27 in the unemployment trust fund in the United States treasury.
28 (e) Moneys in the clearing and benefit accounts may be deposited in any depository bank
29 in which general funds of this state may be deposited, but no public deposit insurance charge or
30 premium may be paid out of the fund.
31 (f) Moneys in the clearing and benefit accounts may not be commingled with other state
1 funds, but shall be maintained in separate accounts on the books of the depository bank. The
2 money shall be secured by the depository bank to the same extent and in the same manner as
3 required by the general depository law of this state. Collateral pledged for this purpose shall be
4 kept separate and distinct from any collateral pledged to secure other funds of the state.
5 (g) The state treasurer shall be liable on [
6 faithful performance of [
7 compensation fund provided for under this chapter. The liability on the official bond shall be
8 effective immediately upon the enactment of this provision, and that liability shall exist in addition
9 to the liability upon any separate bond existent on the effective date of this provision, or which
10 may be given in the future. All sums recovered for losses sustained by the fund shall be deposited
11 therein.
12 (3) (a) (i) Moneys requisitioned from this state's account in the unemployment trust fund
13 shall, except as set forth in this section, be used exclusively for the payment of benefits and for
14 refunds of contributions under Subsections 35A-4-205[
15 (ii) The department shall from time to time requisition from the unemployment trust fund
16 such amounts, not exceeding the amounts standing to this state's account in the fund, as it
17 considers necessary for the payment of those benefits and refunds for a reasonable future period.
18 (iii) Upon receipt the treasurer shall deposit the moneys in the benefit account and shall
19 pay benefits and refunds from the account by means of warrants issued by the division in
20 accordance with rules prescribed by the department. Expenditures of these moneys in the benefit
21 account and refunds from the clearing account are not subject to any provisions of law requiring
22 specific appropriations or other formal release by state officers of money in their custody.
23 (b) Moneys in this state's account in the unemployment trust fund that were collected
24 under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., and credited to this state under
25 Section 903 of the Social Security Act, 42 U.S.C. 1101 et seq., as amended may be requisitioned
26 from this state's account and used in the payment of expenses incurred by the [
27 for the administration of this state's unemployment law and public employment offices, if the
28 expenses are incurred and the withdrawals are made only after and under a specific appropriation
29 of the Legislature that specifies:
30 (i) the purposes and amounts;
31 (ii) that the moneys may not be obligated after the two-year period that began on the date
1 of the enactment of the appropriation law; and
2 (iii) that the total amount which may be used during a fiscal year shall not exceed the
3 amount by which the aggregate of the amounts credited to this state's account under Section 903
4 of the Social Security Act, 42 U.S.C. 1101 et seq., as amended, during the fiscal year and the 34
5 preceding fiscal years, exceeds the aggregate of the amounts used by this state for administration
6 during the same 35 fiscal years.
7 (A) For the purpose of Subsection (3)(b)(iii), amounts used during any fiscal year shall be
8 charged against equivalent amounts that were first credited and that have not previously been so
9 charged. [
10 credited during a fiscal year earlier than the 34th preceding fiscal year.
11 (B) Except as appropriated and used for administrative expenses, as provided in this
12 section, moneys transferred to this state under Section 903 of the Social Security Act as amended,
13 may be used only for the payment of benefits.
14 (C) Any moneys used for the payment of benefits may be restored for appropriation and
15 use for administrative expenses, upon request of the governor, under Section 903(c) of the Social
16 Security Act.
17 (D) Money appropriated as provided in this section for the payment of expenses of
18 administration shall be requisitioned as needed for the payment of obligations incurred under the
19 appropriation and, upon requisition, shall be deposited in the employment security administration
20 fund from which the payments shall be made.
21 (E) The division shall maintain a separate record of the deposit, obligation, expenditure,
22 and return of funds deposited.
23 (F) Money deposited shall, until expended, remain a part of the unemployment fund and,
24 if not expended, shall be returned promptly to the account of this state in the unemployment trust
25 fund.
26 (G) The moneys available by reason of this legislative appropriation shall not be expended
27 or available for expenditure in any manner that would permit their substitution for, or a
28 corresponding reduction in, federal funds that would in the absence of the moneys be available to
29 finance expenditures for the administration of this chapter.
30 (c) Any balance of moneys requisitioned from the unemployment trust fund that remains
31 unclaimed or unpaid in the benefit account after the expiration of the period for which the sums
1 were requisitioned shall either be deducted from estimates for, and may be utilized for the payment
2 of, benefits and refunds during succeeding periods, or in the discretion of the division, shall be
3 redeposited with the secretary of the treasury of the United States of America to the credit of this
4 state's account in the unemployment trust fund, as provided in Subsection (2).
5 (4) (a) The provisions of Subsections (1), (2), and (3), to the extent that they relate to the
6 unemployment trust fund, shall be operative only so long as the unemployment trust fund
7 continues to exist and so long as the secretary of the treasury of the United States of America
8 continues to maintain for this state a separate book account of all funds deposited therein by the
9 state for benefit purposes, together with this state's proportionate share of the earnings of the
10 unemployment trust fund, from which no other state is permitted to make withdrawals.
11 (b) If and when the unemployment trust fund ceases to exist, or the separate book account
12 is no longer maintained, all moneys belonging to the unemployment compensation fund of this
13 state shall be administered by the division as a trust fund for the purpose of paying benefits under
14 this chapter, and the division shall have authority to hold, invest, transfer, sell, deposit, and release
15 the moneys, and any properties, securities, or earnings acquired as an incident to the
16 administration. The moneys shall be invested in the following readily marketable classes of
17 securities; bonds or other interest-bearing obligations of the United States of America, of this state,
18 or of any county, city, town, or school district of this state, at current market prices for the bonds.
19 The investment shall at all times be so made that all the assets of the fund shall always be readily
20 convertible into cash when needed for the payment of benefits.
21 Section 251. Section 35A-4-502 (Effective 07/01/97) is amended to read:
22 35A-4-502 (Effective 07/01/97). Administration of Employment Security Act.
23 (1) (a) The department shall administer this chapter through the division.
24 (b) The department may make, amend, or rescind any rules and special orders necessary
25 for the administration of this chapter.
26 (c) The division may:
27 (i) employ persons;
28 (ii) make expenditures;
29 (iii) require reports;
30 (iv) make investigations;
31 (v) make audits of any or all funds provided for under this chapter when necessary; and
1 (vi) take any other action it considers necessary or suitable to that end.
2 [
3
4 [
5
6 [
7
8
9
10 [
11
12 [
13 to the governor a report covering the administration and operation of this chapter during the
14 preceding calendar year and shall make any recommendations for amendments to this chapter as
15 the department considers proper.
16 [
17 there shall be provided, if possible, a reserve against liability in future years to pay benefits in
18 excess of the then current contributions, which reserve shall be set up by the division in accordance
19 with accepted actuarial principles on the basis of statistics of employment, business activity, and
20 other relevant factors for the longest possible period.
21 (ii) Whenever the department believes that a change in contribution or benefit rates will
22 become necessary to protect the solvency of the fund, it shall promptly inform the governor and
23 the Legislature and make appropriate recommendations.
24 (2) (a) The department may make, amend, or rescind rules in accordance with Title 63,
25 Chapter 46a, Utah Administrative Rulemaking Act.
26 (b) The director of the division or the director's designee may adopt, amend, or rescind
27 special orders after appropriate notice and opportunity to be heard. Special orders become
28 effective ten days after notification or mailing to the last-known address of the individuals or
29 concerns affected thereby.
30 (3) The director of the division or the director's designee shall cause to be printed for
31 distribution to the public:
1 (a) the text of this chapter;
2 (b) the department's rules pertaining to this chapter;
3 (c) the department's annual reports to the governor required by Subsection (1)(e); and
4 (d) any other material the director of the division or the director's designee considers
5 relevant and suitable and shall furnish them to any person upon application.
6 [
7
8
9
10 [
11
12
13
14
15 [
16
17
18 [
19 it considers reasonable and proper for the effective administration of this chapter and may bond
20 any person handling moneys or signing checks under this authority.
21 [
22
23
24
25 [
26 arrangements that will permit individuals employed under this chapter to voluntarily elect
27 coverage under the United States Civil Service Retirement System with respect to past as well as
28 future services.
29 [
30 retirement system as a result of a change in status or appropriation under this chapter may purchase
31 credit in a retirement system created under Title 49, Chapter 3, Public Employees'
1 Noncontributory Retirement Act, with the employee's assets from the federal or other retirement
2 system in which the employee may no longer participate.
3 (5) There is created an Employment Security Advisory Council composed of the members
4 listed in Subsections (5)(a) and (b).
5 (a) The executive director shall appoint:
6 (i) not less than five employer representatives chosen from individuals recommended by
7 employers, associations, or groups;
8 (ii) not less than five employee representatives chosen from individuals recommended by
9 employees, associations, or groups; and
10 (iii) five public representatives chosen at large.
11 (b) [
12 nonvoting member of the council.
13 [
14
15 (c) The employee representatives shall include both union and nonunion employees who
16 fairly represent the percentage in the labor force of the state.
17 (d) Employers and employees shall consider nominating members of groups who
18 historically may have been excluded from the council, such as women, minorities, and individuals
19 with disabilities.
20 (e) (i) Except as required by Subsection (5)(e)(ii), as terms of current council members
21 expire, the executive director shall appoint each new member or reappointed member to a
22 four-year term.
23 (ii) Notwithstanding the requirements of Subsection (5)(e)(i), the executive director shall,
24 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
25 council members are staggered so that approximately half of the council is appointed every two
26 years.
27 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
28 appointed for the unexpired term.
29 (g) The executive director shall terminate the term of any council member who ceases to
30 be representative as designated by [
31 (h) The council shall advise the department, the division, and the Legislature in
1 formulating policies and discussing problems related to the administration of this chapter and in
2 assuring impartiality and freedom from political influence in the solution of those problems.
3 (i) The executive director or the executive director's designee shall serve as chair of the
4 council and call the necessary meetings.
5 (j) (i) Members shall receive no compensation or benefits for their services, but may
6 receive per diem and expenses incurred in the performance of the member's official duties at the
7 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) Members may decline to receive per diem and expenses for their service.
9 (k) The department shall provide staff support to the council.
10 (6) (a) The division, with the advice and aid of its advisory council shall take all
11 appropriate steps to:
12 (i) reduce and prevent unemployment;
13 (ii) encourage and assist in the adoption of practical methods of vocational training,
14 retraining, and vocational guidance;
15 (iii) investigate, recommend, advise, and assist in the establishment and operation by the
16 state of reserves for public works to be used in times of business depression and unemployment;
17 (iv) promote the creation and development of job opportunities and the reemployment of
18 unemployed workers throughout the state in every way that may be feasible;
19 (v) plan, coordinate, organize, or direct economic development programs as are necessary
20 to maintain or create job opportunities;
21 (vi) cooperate with local communities, industries, and organizations in encouraging and
22 promoting the full development of the state's mineral, water, and other natural resources;
23 (vii) appraise the agricultural and industrial potential of the state; and
24 (viii) carry on activities and organize, coordinate, and publish the results of investigations
25 and research studies.
26 (b) To accomplish these purposes, the division may enter into agreements with
27 governmental or other agencies.
28 (7) In the discharge of the duties imposed by this chapter, [
29
30 administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas
31 to compel the attendance of witnesses and the production of books, papers, correspondence,
1 memoranda, and other records necessary as evidence in connection with a disputed matter or the
2 administration of this chapter.
3 (8) (a) In case of contumacy by or refusal to obey a subpoena issued to any person, any
4 court of this state within the jurisdiction of which the inquiry is carried on or within the
5 jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or
6 transacts business, upon application by [
7
8 that person an order requiring the person to appear before the director or the director's designee[
9
10
11 investigation or in question. Any failure to obey that order of the court may be punished by the
12 court as contempt.
13 (b) Any person who, without just cause, fails or refuses to attend and testify or to answer
14 any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records,
15 if it is in [
16
17 shall be punished [
18
19 Each day the violation continues is a separate offense.
20 [
21 producing books, papers, correspondence, memoranda, and other records before the division or
22 in obedience to the subpoena of the[
23 division, on the ground that the testimony or evidence, documentary or otherwise, required of
24 [
25 penalty or forfeiture.
26 [
27 for or on account of any transaction, matter, or thing concerning which [
28 compelled, after having claimed [
29 or produce evidence, documentary or otherwise, except that the individual testifying is not exempt
30 from prosecution and punishment for perjury committed while testifying.
31 [
1 United States Department of Labor to the fullest extent consistent with the provisions of this
2 chapter and shall take action, through the adoption of appropriate rules by the department and
3 administrative methods and standards, as necessary to secure to this state and its citizens all
4 advantages available under the provisions of the Social Security Act that relate to unemployment
5 compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State
6 Extended Unemployment Compensation Act of 1970.
7 (b) In the administration of Section 35A-4-402, which is enacted to conform with the
8 requirements of the Federal-State Extended Unemployment Compensation Act of 1970, 26 U.S.C.
9 3304, the division shall take any action necessary to ensure that the section is interpreted and
10 applied to meet the requirements of the federal act, as interpreted by the United States Department
11 of Labor and to secure to this state the full reimbursement of the federal share of extended and
12 regular benefits paid under this chapter that are reimbursable under the federal act.
13 Section 252. Section 35A-4-504 (Effective 07/01/97) is amended to read:
14 35A-4-504 (Effective 07/01/97). State Employment Service -- Agreements with other
15 authorities -- Federal system accepted -- Appropriation.
16 (1) For purposes of this section "division" means the Division of Employment
17 Development.
18 [
19 [
20 public employment offices in such manner and in such places as may be necessary for the proper
21 administration of this chapter and for the purposes of performing the functions as are within the
22 purview of the Act of Congress entitled "An act to provide for the establishment of a national
23 employment system and for co-operation with the states in the promotion of such system, and for
24 other purposes," approved June 6, 1933, 48 Stat. 113; U. S. Code, Title 29, Section 49 (c) as
25 amended, hereinafter referred to as the "Wagner-Peyser Act."
26 (b) The division shall consult with regional councils on workforce services when
27 determining the location of public employment offices.
28 (c) A public employment office may be located in connection with or as an integrated part
29 of an employment center established under Section 35A-2-203.
30 [
31 557, are accepted by this state, and the department is designated and constitutes the agency of this
1 state for the purposes of the act.
2 [
3 the Employment Security Administration Fund and shall be expended solely for the maintenance
4 of the state system of public employment offices. [
5
6
7
8 (5) (a) For the purpose of establishing and maintaining free public employment offices,
9 and promoting the use of their facilities, the division is authorized to enter into agreements with
10 the railroad retirement board, or any other agency of the United States, or of this or any other state,
11 charged with the administration of any law whose purposes are reasonably related to the purposes
12 of this chapter, and as a part of such agreements may accept moneys, services or quarters as a
13 contribution to the maintenance of the state system of public employment offices or as
14 reimbursement for services performed.
15 (b) All moneys received or appropriated for such purposes shall be paid into the
16 Employment Security Administration Fund.
17 Section 253. Section 35A-4-505 (Effective 07/01/97) is amended to read:
18 35A-4-505 (Effective 07/01/97). Employment Security Administration Fund.
19 (1) (a) There is created [
20 known as the Employment Security Administration Fund.
21 (b) All moneys which are deposited or paid into this fund shall be continuously available
22 to the division for expenditure in accordance with the provisions of this chapter and shall not lapse
23 at any time or be transferred to any other fund.
24 (c) All moneys in this fund which are received from the Secretary of Labor under Title III
25 of the Social Security Act, 42 U.S.C. 501 et seq. shall be expended solely for the purposes and in
26 the amounts found necessary, after reasonable notice and opportunity for hearing to the division,
27 by the Secretary of Labor for the proper and efficient administration of this chapter.
28 (2) The fund shall consist of all moneys appropriated by this state, all moneys received
29 from the United States of America, or any agency thereof, including the Secretary of Labor, and
30 all moneys received from any other source for such purpose, and shall also include any moneys
31 received from any agency of the United States or any other state as compensation for services or
1 facilities supplied to such agency, any amounts received pursuant to any surety bond or insurance
2 policy or from other sources for losses sustained by the Employment Security Administration Fund
3 or by reason of damage to equipment or supplies purchased from moneys in such fund, and any
4 proceeds realized from the sale or disposition of any equipment or supplies which may no longer
5 be necessary for the proper administration of this chapter.
6 (3) (a) All moneys in this fund shall be deposited, administered, and disbursed, in
7 accordance with the directions of the department.
8 (b) The state treasurer shall pay all warrants drawn upon it by the division in accordance
9 with rules prescribed by the department.
10 [
11
12 [
13 extent and in the same manner as required by the general depository law of the state, and collateral
14 pledged shall be maintained in a separate custody account.
15 (4) The state treasurer shall be liable on his official bond for the faithful performance of
16 his duties in connection with the employment security administration fund provided for under this
17 chapter. Such liability on the official bond shall be effective immediately upon the enactment of
18 this provision, and such liability shall exist in addition to any liability upon any separate bond
19 existent on the effective date of this provision, or which may be given in the future. All sums
20 recovered on any surety bond for losses sustained by the employment security administration fund
21 shall be deposited in said fund.
22 (5) If any moneys received after June 30, 1941, from the Secretary of Labor under Title
23 III of the Social Security Act, or any unencumbered balances in the employment security
24 administration fund as of that date, are found, after reasonable notice and opportunity for hearing
25 to the division, by the Secretary of Labor to have been lost or been expended for purposes other
26 than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper
27 administration of this chapter, the moneys shall be replaced within a reasonable time by moneys
28 appropriated for this purpose from the general funds of this state to the Employment Security
29 Administration Fund for expenditure as provided in Subsection (1). Upon receipt of notice of such
30 a finding by the Secretary of Labor, the division shall promptly report the amount required for
31 such replacement to the governor.
1 Section 254. Section 35A-4-506 (Effective 07/01/97) is amended to read:
2 35A-4-506 (Effective 07/01/97). Special Administrative Expense Fund.
3 (1) There is created [
4 as the Special Administrative Expense Fund.
5 (2) (a) All interest and penalties collected under this chapter, less refunds made under
6 Subsection 35A-4-306(5), shall be paid into this fund from the clearing account of the fund at the
7 end of each calendar month.
8 (b) Any voluntary contributions tendered as a contribution to this fund and any other
9 moneys received for that purpose shall be paid into this fund.
10 (c) The moneys shall not be expended or available for expenditure in any manner that
11 would permit their substitution for, or a corresponding reduction in, federal funds that would in
12 the absence of those moneys be available to finance expenditures for the administration of this
13 chapter.
14 (3) Nothing in this section shall prevent those moneys from being used as a revolving fund
15 to cover expenditures, necessary and proper under this chapter, for which federal funds have been
16 duly requested but not yet received subject to the charging of those expenditures against the funds
17 when received.
18 (4) The moneys in this fund shall be deposited, administered, and dispersed in accordance
19 with the directions of the Legislature.
20 (5) The moneys shall be used for the payment of costs of administration that are found not
21 to have been properly and validly chargeable against federal grants or other funds received for or
22 in the Employment Security Administration Fund, and may be used for the payment of refunds of
23 interest and penalties under Subsection 35A-4-306(5). The moneys shall be available either to
24 satisfy the obligations incurred by the division directly or by requesting the state treasurer to
25 transfer the required amounts from the Special Administrative Expense Fund to the Employment
26 Security Administration Fund.
27 (6) The moneys in this fund are hereby specifically made available to replace within a
28 reasonable time any moneys received by this state under Section 302 of the Federal Social Security
29 Act, 42 U.S.C. 502, as amended, that because of any action of contingency have been lost or have
30 been expended for purposes other than or in amounts in excess of those necessary for the proper
31 administration of this chapter.
1 (7) The moneys in this fund shall be continuously available to the division for expenditure
2 in accordance with this section and shall not lapse at any time or be transferred to any other fund
3 except as directed by the Legislature.
4 (8) The state treasurer shall pay all warrants drawn upon it by the division or its duly
5 authorized agent in accordance with such rules as the department shall prescribe.
6 [
7
8
9
10
11
12 [
13 the faithful performance of [
14 expense fund provided for under this chapter. Liability on the official bond shall exist in addition
15 to any liability upon any separate bond existent on the effective date of this provision or that may
16 be given in the future. All sums recovered on any surety bond losses sustained by the special
17 administrative expense fund shall be deposited in that fund or in the General Fund if so directed
18 by the Legislature.
19 Section 255. Section 35A-4-508 (Effective 07/01/97) is amended to read:
20 35A-4-508 (Effective 07/01/97). Review of decision or determination by division --
21 Administrative law judge -- Division of adjudication -- Workforce Appeals Board -- Judicial
22 review by Court of Appeals -- Exclusive procedure.
23 (1) (a) A review of a decision or determination involving contribution liability or
24 applications for refund of contributions shall be made by the division in accordance with the
25 provisions of this chapter.
26 (b) The division in conducting the review may in its discretion:
27 (i) refer the matter to an administrative law judge;
28 (ii) decide the application for review on the basis of any facts and information as may be
29 obtained; or
30 (iii) hear argument or hold an informal hearing to secure further facts.
31 (c) After the review, notice of the decision shall be given to the employing unit.
1 (d) The decision made pursuant to the review is the final decision of the division unless,
2 within ten days after the date of notification or mailing of the decision, a further appeal is initiated
3 under the provisions of this section.
4 (2) (a) Within ten days after the mailing or personal delivery of a notice of a determination
5 or decision rendered following a review under Subsection (1), an employing unit may appeal to
6 the Division of Adjudication by filing a notice of appeal.
7 (b) The administrative law judge shall give notice of the pendency of the appeal to the
8 division and any parties entitled to notice as provided by department rule. The administrative law
9 judge shall receive into the record of the appeal any documents or other records provided by the
10 division, and may obtain or request any additional documents or records held by the division or
11 any of the parties that the administrative law judge considers relevant to a proper determination
12 of the appeal.
13 (c) After affording the parties reasonable opportunity for a fair hearing, the administrative
14 law judge shall make findings and conclusions and on that basis affirm, modify, or reverse the
15 determination of the division.
16 (d) The parties and the division shall be promptly notified of the administrative law judge's
17 decision and furnished a copy of the decision and findings.
18 (e) The decision of the administrative law judge is considered to be a final order of the
19 department unless within 30 days after the date [
20
21 of the administrative law judge is issued further appeal is initiated under this section and Chapter
22 1, Part 3, Adjudicative Proceedings.
23 (3) (a) The director of the Division of Adjudication shall assign an impartial, salaried
24 administrative law judge selected in accordance with Subsection 35A-4-502(4)(d) to hear and
25 decide referrals or appeals relating to claims for benefits or to make decisions affecting employing
26 units under this chapter.
27 (b) All records on appeals shall be maintained in the offices of the Division of
28 Adjudication. The records shall include an appeal docket showing the receipt and disposition of
29 the appeals on review.
30 (4) [
31 of an administrative law judge issued under this chapter [
1
2 [
3
4 [
5
6
7 [
8
9
10 [
11
12
13
14
15 [
16 the claimant and employing units, and the conduct of hearings and appeals shall be in accordance
17 with rules prescribed by the department for determining the rights of the parties, whether or not
18 the rules conform to common-law or statutory rules of evidence and other technical rules of
19 procedure.
20 (b) When the same or substantially similar evidence is relevant and material to the matters
21 in issue in more than one proceeding, the same time and place for considering each matter may be
22 fixed, hearings jointly conducted, a single record of the proceedings made, and evidence
23 introduced with respect to one proceeding considered as introduced in the others, if in the
24 judgment of the administrative law judge having jurisdiction of the proceedings, the consolidation
25 would not be prejudicial to any party.
26 [
27 Subsection 35A-4-406(2), any right, fact, or matter in issue, directly passed upon or necessarily
28 involved in a determination or redetermination that has become final, or in a decision on appeal
29 under this section that has become final, is conclusive for all the purposes of this chapter as
30 between the division, the claimant, and all employing units that had notice of the determination,
31 redetermination, or decision. Subject to appeal proceedings and judicial review as provided in this
1 section, any determination, redetermination, or decision as to rights to benefits is conclusive for
2 all the purposes of this chapter and is not subject to collateral attack by any employing unit,
3 irrespective of notice.
4 (b) Any findings of fact or law, judgment, conclusion, or final order made by an
5 unemployment insurance hearing officer, administrative law judge, or any person with the
6 authority to make findings of fact or law in any action or proceeding before the unemployment
7 insurance appeals tribunal, is not conclusive or binding in any separate or subsequent action or
8 proceeding, between an individual and [
9 before an arbitrator, court, or judge of this state or the United States, regardless of whether the
10 prior action was between the same or related parties or involved the same facts.
11 [
12 issuance and judicial review may be permitted only after any party claiming to be aggrieved has
13 exhausted the party's remedies before the department as provided by this chapter.
14 (b) The division is a party to any judicial action involving any decisions and shall be
15 represented in the judicial action by any qualified attorney employed by the department and
16 designated by it for that purpose or at the division's request by the attorney general.
17 [
18
19 an action in the court of appeals against the Workforce Appeals Board [
20 review of its decision, in which action any other party to the proceeding before the Workforce
21 Appeals Board [
22 (b) In that action a petition, that shall state the grounds upon which a review is sought,
23 shall be served upon the Workforce Appeals Board or upon that person the Workforce Appeals
24 Board designates. This service is considered completed service on all parties but there shall be left
25 with the party served as many copies of the petition as there are defendants and the Workforce
26 Appeals Board shall mail one copy to each defendant.
27 (c) With its answer, the Workforce Appeals Board shall certify and file with the court all
28 documents and papers and a transcript of all testimony taken in the matter together with its
29 findings of fact and decision, in accordance with the requirements of the Utah Rules of Appellate
30 Procedure.
31 (d) The Workforce Appeals Board may certify to the court questions of law involved in
1 any decision by the board [
2 (e) In any judicial proceeding under this section, the findings of the Workforce Appeals
3 Board [
4 jurisdiction of the court is confined to questions of law.
5 (f) It is not necessary in any judicial proceeding under this section to enter exceptions to
6 the rulings of [
7
8 (g) Upon final determination of the judicial proceeding, the division shall enter an order
9 in accordance with the determination. In no event may a petition for judicial review act as a
10 supersedeas.
11 [
12 or determination of the division affecting claimants or employing units under this chapter is the
13 sole and exclusive procedure notwithstanding any other provision of this title.
14 Section 256. Section 35A-5-1101 (Effective 07/01/97), which is renumbered from Section
15 35A-9-101 (Effective 07/01/97) is renumbered and amended to read:
16
17
18 [
19 (1) This chapter is known as the "Training and Workforce Improvement Act."
20 (2) This part is known as the "Job Training Coordination Act."
21 Section 257. Section 35A-5-1102 (Effective 07/01/97), which is renumbered from Section
22 35A-9-102 (Effective 07/01/97) is renumbered and amended to read:
23 [
24 for retraining.
25 (1) The state, through the Division of Employment Development may and is encouraged
26 to apply for retraining, community assistance, or technology transfer funds available through:
27 (a) the United States Department of Defense[
28 (b) United States Department of Labor[
29 (c) other appropriate federal offices or departments.
30 (2) In applying for federal funds, the state through its Division of Employment
31 Development or other appropriate office may inform the federal government of state matching or
1 enhancement funds if those funds are available under Section 67-1-12.
2 Section 258. Section 35A-5-1103 (Effective 07/01/97), which is renumbered from Section
3 35A-9-103 (Effective 07/01/97) is renumbered and amended to read:
4 [
5 providers.
6 (1) Delivery of [
7 administered by the department under this chapter shall be provided [
8 with Subsections (2) and (3).
9 [
10
11
12
13 (2) The State Office of Education and the Board of Regents shall provide for basic
14 education, remedial education, and applied technology training.
15 (3) The Office of Rehabilitation shall provide those services authorized under the
16 Rehabilitation Act of 1973, as amended.
17 [
18 [
19
20
21 [
22
23 Section 259. Section 35A-5-1201 (Effective 07/01/97), which is renumbered from Section
24 35A-9-301 (Effective 07/01/97) is renumbered and amended to read:
25 [
26 improvement plan.
27 (1) The State Council on Workforce Services shall annually develop a comprehensive
28 workforce improvement plan as part of the State Workforce Services Plan [
29
30 (2) The workforce improvement plan shall [
31 (a) [
1 Section 35A-2-201, including [
2 this title;
3 (b) [
4 which may include:
5 (i) providing technical assistance;
6 (ii) assisting an employer on site in redesigning its work organizations, including job
7 restructuring, training, and retraining; and
8 (iii) providing employers with the most recent research and management and human
9 resource systems;
10 (c) marketing of groups of potential employees with special skills or needs; and
11 (d) [
12 or future employment needs of the state.
13 Section 260. Section 35A-5-1202 (Effective 07/01/97), which is renumbered from Section
14 35A-9-302 (Effective 07/01/97) is renumbered and amended to read:
15 [
16 providers.
17 (1) In compliance with Title 63, Chapter 56, Utah Procurement Code, the department shall
18 enter into a contract with one or more qualified providers to implement the workforce
19 improvement plan created under Section [
20 (2) A contract entered into under this section shall be:
21 (a) performance based; and
22 (b) structured so that the provider receives reimbursement based on:
23 (i) job development;
24 (ii) participant placement in jobs;
25 (iii) wages and benefits provided; and
26 (iv) participant retention in jobs over at least a 12-month period.
27 (3) If the department determines through the procurement process that there are no
28 qualified providers to implement the workforce improvement plan, the department may implement
29 the plan.
30 Section 261. Section 35A-6-1101 is enacted to read:
31 35A-6-1101. Title
1 This chapter shall be known as the "Apprenticeship Act."
2 Section 262. Section 35A-6-1102 (Effective 07/01/97), which is renumbered from Section
3 35A-10-105 (Effective 07/01/97) is renumbered and amended to read:
4 [
5 07/01/97). "Apprentice" defined.
6 [
7 (1) "Apprentice" means [
8 entered into:
9 (a) a written agreement approved by [
10 Apprenticeship and Training with an employer or [
11 employers[
12
13
14
15
16 [
17
18
19
20 (b) an apprenticeship that meets Bureau of Apprenticeship and Training Standards.
21 (2) "Bureau of Apprenticeship and Training" means the federal agency designated by the
22 United States Department of Labor to oversee apprenticeship programs.
23 Section 263. Section 35A-6-1103 (Effective 07/01/97), which is renumbered from Section
24 35A-10-106 (Effective 07/01/97) is renumbered and amended to read:
25 [
26 07/01/97). Apprenticeship agreements -- Terms and conditions.
27 Every apprenticeship agreement entered into under this chapter shall contain:
28 (1) the names of the contracting parties;
29 (2) the date of birth of the apprentice;
30 (3) a statement of the trade, craft, or business which the apprentice is to be taught, and the
31 time at which the apprenticeship will begin;
1 (4) a statement showing the number of hours to be spent by the apprentice in work and the
2 number of hours to be spent in related and supplemental instruction, which instruction shall be not
3 less than 144 hours per year, unless prior educational experience is substituted as is provided in
4 Section 35A-10-105 or prior practical experience programs are substantial as provided in other
5 state laws;
6 (5) a statement setting forth a schedule of the work processes in the trade or industry
7 divisions in which the apprentice is to be taught and the approximate time to be spent at each
8 process;
9 (6) a statement of the graduated scale of wages to be paid the apprentice and whether the
10 required school time shall be compensated;
11 (7) a statement providing for a period of probation during which time the apprenticeship
12 agreement may be terminated by either party to the agreement [
13
14
15
16 [
17
18
19
20 [
21 under the apprenticeship agreement [
22 employer [
23 [
24
25 Section 264. Section 35A-6-1104 (Effective 07/01/97), which is renumbered from Section
26 35A-10-107 (Effective 07/01/97) is renumbered and amended to read:
27 [
28 07/01/97). Application of chapter -- Voluntary election.
29 This chapter applies only to such persons, firms, political subdivisions, corporations,
30 employer associations, or bona fide organizations of employees as voluntarily elect to conform
31 with its provisions.
1 Section 265. Section 40-2-1 (Effective 07/01/97) is amended to read:
2 40-2-1 (Effective 07/01/97). Inspection of mines.
3 For the purpose of securing an efficient and thorough inspection of all coal and
4 hydrocarbon mines within the state, coal mine inspection and all matters relating thereto shall be
5 under the control of the Division of [
6 Commission.
7 Section 266. Section 40-2-1.1 (Effective 07/01/97) is amended to read:
8 40-2-1.1 (Effective 07/01/97). Rulemaking authority.
9 In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
10 [
11 this chapter.
12 Section 267. Section 40-2-1.5 (Effective 07/01/97) is amended to read:
13 40-2-1.5 (Effective 07/01/97). Labor Commission to adopt federal safety and health
14 standards for coal mining.
15 (1) The [
16 adopt rules that shall incorporate the federal safety and health standards relating to coal mining,
17 including those promulgated under the Federal Mine Safety and Health Act of 1977 and its
18 amendments.
19 (2) The Utah rules may not become subject to enforcement by the Division of [
20 Safety[
21 Health Act and the rules and regulations promulgated with respect to that act are no longer in
22 force.
23 Section 268. Section 40-2-2 (Effective 07/01/97) is amended to read:
24 40-2-2 (Effective 07/01/97). Right of examination and inspection.
25 (1) (a) Every owner, agent, manager or lessee of any coal or hydrocarbon mine, whenever
26 it is in active operation, shall:
27 (i) freely admit any representative of the Division of [
28
29 appointment, for the purpose of making the examinations and inspections provided for in this
30 chapter[
31 (ii) render any necessary assistance for [
1 Subsection (1)(a)(i).
2 (b) Notwithstanding Subsection (1)(a), a representative [
3 obstruct the working of the mine.
4 (2) Every owner, agent, manager, or lessee of such mine refusing to so admit [
5 representative under Subsection (1) is guilty of a misdemeanor, and shall be punished by a fine of
6 not less than $50 nor more than $500 for every such offense.
7 Section 269. Section 40-2-3 (Effective 07/01/97) is amended to read:
8 40-2-3 (Effective 07/01/97). Coal mine operators to submit reports and emergency
9 preparedness plans.
10 (1) Coal mine operators shall forward to the Division of [
11
12 Division of [
13 (a) the character of the mine;
14 (b) the tonnage of product during the preceding year which ended December 31;
15 (c) the average number of persons employed, including lessees;
16 (d) the number of days the mine was worked; and
17 (e) other information as required by the Division of [
18
19 (2) [
20 Division of [
21 (3) If a mine is operated by two or more operators in any year, each operator must furnish
22 the succeeding operator a report of operations. This report must be included with that of the party
23 operating the mine at the end of the year so that a complete record of the mine's operations may
24 be submitted to the Division of [
25 Section 270. Section 40-2-14 (Effective 07/01/97) is amended to read:
26 40-2-14 (Effective 07/01/97). Panel -- Composition -- Duties -- Compensation --
27 Division to grant certificates.
28 (1) The [
29 Labor Commission shall appoint a panel composed of the [
30 the [
31 representation and participation from:
1 (a) coal mining management representatives; and
2 (b) hourly coal mining employee representatives.
3 (2) The panel members shall:
4 (a) have at least five years' experience in coal mining in this state;
5 (b) examine those applicants referred to in Section 40-2-15 as to their competency and
6 qualifications;
7 (c) meet when directed by the [
8
9 (d) except for employees of the [
10 receive $50 per day spent:
11 (i) performing their duties; or
12 (ii) for actual and necessary travel expenses; and
13 (e) hold office at the pleasure of the [
14 (3) The [
15 certificates to those persons referred to in Section 40-2-15 who pass their examinations.
16 Section 271. Section 40-2-15 (Effective 07/01/97) is amended to read:
17 40-2-15 (Effective 07/01/97). Certification requirements -- Fees -- Recertification.
18 (1) The Division of [
19 following:
20 (a) certification tests;
21 (b) sections of the examination that must be retaken; or
22 (c) recertification certificates.
23 (2) The [
24 this section under Section 63-38-3.2.
25 (3) Any section of the certification test may be retaken if not successfully completed.
26 (4) Experience and education required to obtain a certificate for the corresponding
27 occupations are as follows:
28 (a) A mine foreman certificate requires at least four years varied underground coal mining
29 experience, of which:
30 (i) two years' experience may be credited to a mining engineering graduate of an approved
31 four-year college; or
1 (ii) one year's experience may be credited to a graduate of a two-year course in mining
2 technology.
3 (b) (i) A surface foreman certificate requires at least three years of varied surface
4 experience.
5 (ii) An applicant may receive credit for surface experience in any other industry that has
6 substantially equivalent surface facilities.
7 (c) A fire boss certificate requires at least two years of underground coal mining
8 experience, of which:
9 (i) one year's experience may be credited to a mining engineering graduate of an approved
10 four-year college; or
11 (ii) six months' experience may be credited to a graduate of a two-year course in mining
12 technology.
13 (d) An underground mine electrician certificate requires at least one year of varied
14 electrical experience as specified in 30 C.F.R. Sec. 75.153.
15 (e) A surface mine electrician certificate requires at least one year of varied surface
16 electrical experience as specified in 30 C.F.R. Sec. 77.103.
17 (f) Electricians shall recertify as specified in 30 C.F.R. Sec. 75.153 or 30 C.F.R. Sec.
18 77.103.
19 (5) Unless prohibited by federal law, United States citizenship is required for any person
20 who receives a certificate for occupations referred to in this section, unless [
21 (a) presents satisfactory evidence of good moral character; and
22 (b) has declared his intention to become a United States citizen.
23 (6) A certified person who leaves the mining industry for a period of five years must be
24 recertified.
25 Section 272. Section 40-2-16 (Effective 07/01/97) is amended to read:
26 40-2-16 (Effective 07/01/97). Necessity of certificate -- Temporary certificates --
27 Surface foreman certificate -- Fee -- Employment of uncertified persons prohibited.
28 (1) A person may not work in any occupation referred to in Section 40-2-15 unless granted
29 a certificate of competency by the Division of [
30 (2) (a) The Division of [
31 showing of competency, a temporary mine foreman certificate or a temporary surface foreman
1 certificate to remain in effect until the earlier of the next scheduled certification examination or
2 retest examination or until terminated by the Division of [
3
4 (b) (i) The Division of [
5 foreman certificate to a current holder of an underground mine foreman certificate, if the applicant
6 has three years of varied surface mining experience.
7 (ii) An applicant may receive credit for surface experience in any other industry that has
8 substantially equivalent surface facilities, if he has performed or is presently performing the duties
9 normally required of a surface foreman.
10 (3) The Division of [
11 determined under Section 63-38-3.2 for each temporary certificate.
12 (4) (a) An owner, operator, contractor, lessee, or agent may not employ a worker in any
13 occupation referred to in Section 40-2-15 who is uncertified.
14 (b) The certificate shall be on file and available for inspection to interested persons in the
15 office of the mine.
16 Section 273. Section 51-7-11 (Effective 07/01/97) is amended to read:
17 51-7-11 (Effective 07/01/97). Authorized deposits or investments of public funds.
18 (1) A public treasurer may conduct investment transactions only through qualified
19 depositories, certified dealers, or directly with issuers of the investment securities.
20 (2) The remaining term to maturity of the investment may not exceed the period of
21 availability of the funds to be invested.
22 (3) Except as provided in Subsection (4), all public funds may be deposited or invested
23 only in the following assets that meet the criteria of Section 51-7-17:
24 (a) negotiable or nonnegotiable deposits of qualified depositories;
25 (b) qualifying or nonqualifying repurchase agreements and reverse repurchase agreements
26 with qualified depositories using collateral consisting of:
27 (i) Government National Mortgage Association mortgage pools;
28 (ii) Federal Home Loan Mortgage Corporation mortgage pools;
29 (iii) Federal National Mortgage Corporation mortgage pools;
30 (iv) Small Business Administration loan pools;
31 (v) Federal Agriculture Mortgage Corporation pools; or
1 (vi) other investments authorized by this section;
2 (c) qualifying repurchase agreements and reverse repurchase agreements with certified
3 dealers, permitted depositories, or qualified depositories using collateral consisting of:
4 (i) Government National Mortgage Association mortgage pools;
5 (ii) Federal Home Loan Mortgage Corporation mortgage pools;
6 (iii) Federal National Mortgage Corporation mortgage pools;
7 (iv) Small Business Administration loan pools; or
8 (v) other investments authorized by this section;
9 (d) commercial paper that is classified as "first tier" by two nationally recognized
10 statistical rating organizations, one of which must be Moody's Investors Service or Standard and
11 Poor's, which has a remaining term to maturity of 270 days or less;
12 (e) bankers' acceptances that:
13 (i) are eligible for discount at a Federal Reserve bank; and
14 (ii) have a remaining term to maturity of 270 days or less;
15 (f) fixed rate negotiable deposits issued by a permitted depository that have a remaining
16 term to maturity of 365 days or less;
17 (g) obligations of the United States Treasury, including United States Treasury bills,
18 United States Treasury notes, and United States Treasury bonds;
19 (h) obligations other than mortgage pools and other mortgage derivative products issued
20 by, or fully guaranteed as to principal and interest by, the following agencies or instrumentalities
21 of the United States in which a market is made by a primary reporting government securities
22 dealer:
23 (i) Federal Farm Credit banks;
24 (ii) Federal Home Loan banks;
25 (iii) Federal National Mortgage Association;
26 (iv) Student Loan Marketing Association;
27 (v) Federal Home Loan Mortgage Corporation;
28 (vi) Federal Agriculture Mortgage Corporation; and
29 (vii) Tennessee Valley Authority;
30 (i) fixed rate corporate obligations that:
31 (i) are rated "A" or higher or the equivalent of "A" or higher by two nationally recognized
1 statistical rating organizations, one of which must be by Moody's Investors Service or Standard
2 and Poor's;
3 (ii) are publicly traded; and
4 (iii) have a remaining term to final maturity of 365 days or less or is subject to a hard put
5 at par value or better, within 365 days;
6 (j) tax anticipation notes and general obligation bonds of the state or of any county,
7 incorporated city or town, school district, or other political subdivision of this state, including
8 bonds offered on a when-issued basis without regard to the limitation in Subsection (7);
9 (k) bonds, notes, or other evidence of indebtedness of any county, incorporated city or
10 town, school district, or other political subdivision of the state that are payable from assessments
11 or from revenues or earnings specifically pledged for payment of the principal and interest on these
12 obligations, including bonds offered on a when-issued basis without regard to the limitation in
13 Subsection (7);
14 (l) shares or certificates in a money market mutual fund as defined in Section 51-7-3;
15 (m) variable rate negotiable deposits that:
16 (i) are issued by a qualified depository or a permitted depository;
17 (ii) are repriced at least semiannually; and
18 (iii) have a remaining term to final maturity not to exceed two years;
19 (n) variable rate securities that:
20 (i) (A) are rated "A" or higher or the equivalent of "A" or higher by two nationally
21 recognized statistical rating organizations, one of which must be by Moody's Investors Service or
22 Standard and Poor's;
23 (B) are publicly traded;
24 (C) are repriced at least semiannually; and
25 (D) have a remaining term to final maturity not to exceed two years or are subject to a hard
26 put at par value or better, within 365 days;
27 (ii) are not mortgages, mortgage-backed securities, mortgage derivative products, or any
28 security making unscheduled periodic principal payments other than optional redemptions.
29 (4) The following public funds are exempt from the requirements of Subsection (3):
30 (a) funds of the permanent land grant trust funds established pursuant to the Utah Enabling
31 Act and the Utah Constitution;
1 (b) funds of member institutions of the state system of higher education acquired by:
2 (i) gift, devise, or bequest; or
3 (ii) federal or private grant;
4 (c) the corpus of funds functioning as endowments of member institutions of the state
5 system of higher education;
6 (d) the Employers' Reinsurance Fund created in Section [
7 (e) the Uninsured Employers' Fund created in Section [
8 (5) If any of the deposits authorized by Subsection (3)(a) are negotiable or nonnegotiable
9 large time deposits issued in amounts of $100,000 or more, the interest shall be calculated on the
10 basis of the actual number of days divided by 360 days.
11 (6) A public treasurer may maintain fully-insured deposits in demand accounts in a
12 federally insured nonqualified depository only if a qualified depository is not reasonably
13 convenient to the entity's geographic location.
14 (7) The public treasurer shall ensure that all purchases and sales of securities are settled
15 within 15 days of the trade date.
16 Section 274. Section 51-7-12.5 (Effective 07/01/97) is amended to read:
17 51-7-12.5 (Effective 07/01/97). Deposit or investment of the Employers' Reinsurance
18 Fund and Uninsured Employers' Fund -- Authorized deposits and investments -- Asset
19 manager -- Investment Advisory Committee.
20 (1) The principal of the Employers' Reinsurance Fund created in Section [
21 34A-2-702, and the Uninsured Employers' Fund created in Section [
22 be deposited or invested only in the following:
23 (a) any deposit or investment authorized by Section 51-7-11;
24 (b) equity securities, including common and preferred stock issued by corporations listed
25 on a major securities exchange, in accordance with the following criteria applied at the time of
26 investment:
27 (i) the treasurer may not invest more than 5%, determined on a cost basis, of the total fund
28 assets in the securities of any one issuer;
29 (ii) the treasurer may not invest more than 25%, determined on a cost basis, of total fund
30 assets in a particular industry;
31 (iii) the treasurer may not invest more than 5%, determined on a cost basis, of the total
1 fund assets in securities of corporations that have been in continuous operation for less than three
2 years;
3 (iv) the fund may not hold in excess of 5% of the outstanding voting securities of any one
4 corporation; and
5 (v) at least 75% of the corporations in which investments are made under Subsection (1)(b)
6 must appear on the Standard and Poor's 500 Composite Stock Price Index;
7 (c) fixed-income securities, including bonds, notes, mortgage securities, zero coupon
8 securities and convertible securities issued by domestic corporations rated "A" or higher by
9 Moody's Investors Service, Inc. or by Standard and Poor's Corporation in accordance with the
10 following criteria applied at the time of investment:
11 (i) the treasurer may not invest more than 5%, determined on a cost basis, of the total fund
12 assets in the securities of any one issuer;
13 (ii) the treasurer may not invest more than 25%, determined on a cost basis, of the total
14 fund assets in a particular industry;
15 (iii) the treasurer may not invest more than 5%, determined on a cost basis, of the total
16 fund assets in securities of corporations that have been in continuous operation for less than three
17 years; and
18 (iv) the dollar-weighted average maturity of fixed-income securities acquired under
19 Subsection (1)(c) may not exceed ten years;
20 (d) fixed-income securities issued by agencies of the United States and
21 government-sponsored organizations, including mortgage-backed pass-through certificates and
22 mortgage-backed bonds;
23 (e) shares of an open-end diversified management investment company established under
24 the Investment Companies Act of 1940; or
25 (f) shares of or deposits in a pooled-investment program.
26 (2) (a) No more than 65% of the total fund assets of any of these funds, on a cost basis,
27 may be invested in common or preferred stocks at any one time.
28 (b) At least 35% of the total assets of these funds shall be invested in fixed-income
29 securities authorized by Section 51-7-11 and Subsections (1)(c) and (d).
30 (3) The state treasurer shall use appropriate investment strategies to protect the principal
31 of the funds administered under this section during periods of financial market volatility.
1 (4) (a) The state treasurer may employ professional asset managers to assist in the
2 investment of assets of the funds.
3 (b) The treasurer may provide compensation to asset managers from earnings generated
4 by the funds' investments.
5 (5) (a) There is established an advisory committee of at least seven members to give
6 suggestions, advice, and opinions to the state treasurer in regard to this section.
7 (b) The [
8 Labor Commission and the insurance commissioner shall be members of the committee with all
9 other members being appointed by the governor to four-year terms.
10 (c) Notwithstanding the requirements of Subsection (5)(b), the governor shall, at the time
11 of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
12 members are staggered so that approximately half of the committee is appointed every two years.
13 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
14 appointed for the unexpired term.
15 (e) The committee shall meet at least annually and review investment reports prepared by
16 the state treasurer, including information on portfolio composition and investment performance.
17 (f) (i) Members who are not government employees shall receive no compensation or
18 benefits for their services, but may receive per diem and expenses incurred in the performance of
19 the member's official duties at the rates established by the Division of Finance under Sections
20 63A-3-106 and 63A-3-107.
21 (ii) Members may decline to receive per diem and expenses for their service.
22 (g) (i) State government officer and employee members who do not receive salary, per
23 diem, or expenses from their agency for their service may receive per diem and expenses incurred
24 in the performance of their official duties from the committee at the rates established by the
25 Division of Finance under Sections 63A-3-106 and 63A-3-107.
26 (ii) State government officer and employee members may decline to receive per diem and
27 expenses for their service.
28 Section 275. Section 53-7-203 (Effective 07/01/97) is amended to read:
29 53-7-203 (Effective 07/01/97). Utah Fire Prevention Board -- Creation -- Members
30 -- Terms -- Selection of chair and officers -- Quorum -- Meetings -- Compensation --
31 Division's duty to implement board rules.
1 (1) There is created within the division the Utah Fire Prevention Board.
2 (2) The board shall be nonpartisan and be composed of ten members appointed by the
3 governor as follows:
4 (a) a city or county official;
5 (b) a licensed architect;
6 (c) a licensed fire protection engineer;
7 (d) a member of the Utah State Firemen's Association;
8 (e) the state forester;
9 (f) the [
10 Labor Commission or the [
11 (g) a member of the Utah State Fire Chiefs Association;
12 (h) a member of the Utah Fire Marshal's Association;
13 (i) a building inspector; and
14 (j) a citizen appointed at large.
15 (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire,
16 the governor shall appoint each new member or reappointed member to a four-year term.
17 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
18 of appointment or reappointment, adjust the length of terms to ensure that the terms of board
19 members are staggered so that approximately half of the board is appointed every two years.
20 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
21 appointed for the unexpired term.
22 (5) The board shall select from its members a chair and other officers as the board finds
23 necessary.
24 (6) A majority of the members of the board is a quorum.
25 (7) The board shall hold regular semiannual meetings for the transaction of its business
26 at a time and place to be fixed by the board and shall hold other meetings as necessary for proper
27 transaction of business.
28 (8) (a) (i) Members who are not government employees shall receive no compensation or
29 benefits for their services, but may receive per diem and expenses incurred in the performance of
30 the member's official duties at the rates established by the Division of Finance under Sections
31 63A-3-106 and 63A-3-107.
1 (ii) Members may decline to receive per diem and expenses for their service.
2 (b) (i) State government officer and employee members who do not receive salary, per
3 diem, or expenses from their agency for their service may receive per diem and expenses incurred
4 in the performance of their official duties from the board at the rates established by the Division
5 of Finance under Sections 63A-3-106 and 63A-3-107.
6 (ii) State government officer and employee members may decline to receive per diem and
7 expenses for their service.
8 (c) (i) Local government members who do not receive salary, per diem, or expenses from
9 the entity that they represent for their service may receive per diem and expenses incurred in the
10 performance of their official duties at the rates established by the Division of Finance under
11 Sections 63A-3-106 and 63A-3-107.
12 (ii) Local government members may decline to receive per diem and expenses for their
13 service.
14 (9) The division shall implement the rules of the board and perform all other duties
15 delegated by the board.
16 Section 276. Section 53A-1-403.5 is amended to read:
17 53A-1-403.5. Education of persons in custody of Department of Corrections --
18 Contracting for services -- Recidivism reduction plan -- Collaboration among state agencies
19 -- Annual report.
20 (1) The State Board of Education, subject to legislative appropriation, is responsible for
21 the education of persons in the custody of the Department of Corrections.
22 (2) In order to fulfill this responsibility, the board shall, where feasible, contract with
23 appropriate private or public agencies to provide educational and related administrative services.
24 (3) (a) As its corrections education program, the board shall develop and implement a
25 recidivism reduction plan, including the following components:
26 (i) inmate assessment;
27 (ii) cognitive problem-solving skills;
28 (iii) basic literacy skills;
29 (iv) career skills;
30 (v) job placement;
31 (vi) postrelease tracking and support;
1 (vii) research and evaluation;
2 (viii) family involvement and support; and
3 (ix) multiagency collaboration.
4 (b) The plan shall be developed and implemented through the State Office of Education
5 in collaboration with the following entities:
6 (i) local boards of education;
7 (ii) Department of Corrections;
8 (iii) Department of [
9 (iv) Department of Human Services;
10 (v) Board of Pardons and Parole;
11 (vi) State Office of Rehabilitation;
12 (vii) State Board of Regents; and
13 (viii) the governor's office.
14 (c) The Legislature may provide appropriations for implementation of the plan through
15 a line item appropriation to any one or a combination of the entities listed in Subsection (3)(b).
16 (4) The board shall make annual reports to the Legislature through the Education Interim
17 Committee on the effectiveness of the recidivism reduction plan.
18 Section 277. Section 53A-1-502 (Effective 07/01/97) is amended to read:
19 53A-1-502 (Effective 07/01/97). Advisory committee -- Duties -- Task forces.
20 (1) (a) There is established the Joint Liaison Applied Technology Education Advisory
21 Committee, hereafter referred to as the advisory committee.
22 (b) The advisory committee shall consist of the following:
23 (i) two members from the State Board of Education and two members from the State
24 Board of Regents who serve on the joint liaison committee established under Section 53A-1-501
25 and who have been given applied technology education assignments by their respective boards,
26 appointed to the advisory committee by the joint liaison committee;
27 (ii) one staff member from the State Board of Education and one staff member from the
28 State Board of Regents appointed by their respective boards;
29 (iii) one member from the Department of Community and Economic Development
30 selected by the director of the department;
31 (iv) one member from the [
1 Workforce Services selected by the executive director of the [
2 (v) one representative from the State Council on Vocational and Applied Technology
3 Education selected by the council; and
4 (vi) four members from four different counties within the state representing business and
5 industry selected by at least a majority of the other members of the advisory committee.
6 (c) The staff members appointed under Subsection (1)(b)(ii) are nonvoting members and
7 not counted as members for the purpose of a quorum under Subsection (2)(b).
8 (2) (a) The advisory committee shall meet at least monthly.
9 (b) A majority of the advisory committee is a quorum for the transaction of business.
10 (3) The advisory committee shall advise and make recommendations to the joint liaison
11 committee on applied technology education issues, including:
12 (a) the development and implementation of a system of common definitions for measuring
13 the effectiveness of systemwide applied technology education programs, which shall include
14 definitions for secondary and adult enrollments, placement, and tracking criterion;
15 (b) the creation, expansion, and sharing of all secondary, applied technology center,
16 college, and university applied technology education offerings, facilities, and programs, focused
17 on supporting a seamless education system and ensuring that the unnecessary duplication of
18 applied technology education services does not occur;
19 (c) budgetary requests for secondary, applied technology center, college, and university
20 applied technology education programs and their presentation to the Legislature in a coordinated,
21 systemwide manner;
22 (d) the development and implementation of articulation agreements between high schools,
23 applied technology centers, colleges, and universities, which will allow colleges and universities
24 to award credit based on proficiency levels obtained by students in high school and noncredit
25 applied technology center programs;
26 (e) the systemwide marketing of high school, applied technology center, college, and
27 university applied technology education facilities, programs, and course offerings; and
28 (f) the development and implementation of an educational technology infrastructure and
29 delivery systems to expand applied technology education offerings throughout the statewide
30 applied technology education system.
31 (4) The joint liaison committee shall review and either approve, modify and approve, or
1 disapprove recommendations made by the advisory committee for ratification by the State Board
2 of Education and State Board of Regents.
3 (5) The joint liaison committee may establish ad hoc task forces to assist the advisory
4 committee or the joint liaison committee in carrying out their duties under this part.
5 Section 278. Section 53A-3-417 is amended to read:
6 53A-3-417. Child care centers in public schools -- Requirements -- Availability --
7 Compliance with state and local laws.
8 (1) (a) Upon receiving a request from a community group such as a community council,
9 local PTA, or parent/student organization, a local school board may authorize the use of a part of
10 any school building in the district to provide child care services for school aged children.
11 (b) (i) The school board shall provide written public notice of its intent to authorize a child
12 care center.
13 (ii) The board shall file a copy of the notice with the Office of Child Care within the
14 Department of [
15 Licensing within the Department of Human Services.
16 (2) (a) Establishment of a child care center in a public school building is contingent upon
17 the local school board determining that the center will not interfere with the building's use for
18 regular school purposes.
19 (b) The board may authorize the use of part of a school building for a child care center
20 only if the school is in compliance with Section 53A-17a-142.
21 (c) The decision shall be made at the sole discretion of the school board.
22 (d) A school board may withdraw its approval to operate a child care center at any time
23 if it determines that such use interferes with the operation or interest of the school.
24 (e) The school district and its employees and agents are immune from any liability that
25 might otherwise result from a withdrawal of approval if the withdrawal was made in good faith.
26 (3) (a) The board shall charge a commercially reasonable fee for the use of a school
27 building as a child care center so that the district does not incur an expense.
28 (b) The fee shall include but not be limited to costs for utility, building maintenance, and
29 administrative services supplied by the school that are related to the operation of the child care
30 center.
31 (4) (a) Child care service may be provided by governmental agencies other than school
1 districts, nonprofit community service groups, or private providers.
2 (b) If competitive proposals to provide child care services are submitted by the entities
3 listed in Subsection (4)(a), the board shall give preference to the private provider and nonprofit
4 community service groups so long as their proposals are judged to be at least equal to the proposal
5 of the governmental agency.
6 (c) It is intended that these programs function at the local community level with minimal
7 state and district involvement.
8 (5) It is the intent of the Legislature that providers not be required to go through a complex
9 procedure in order to obtain approval for providing the service.
10 (6) (a) Child care centers within a public school building shall make their services
11 available to all children regardless of where the children reside.
12 (b) If space and resources are limited, first priority shall be given to those who reside
13 within the school boundaries where the center is located, and to the children of teachers and other
14 employees of the school where the child care center is located.
15 (c) Second priority shall be given to those who reside within the school district boundaries
16 where the center is located.
17 (7) (a) The school board shall require proof of liability insurance which is adequate in the
18 opinion of the school board for use of school property as a child care center.
19 (b) A school district participating in the state Risk Management Fund shall require the
20 provider of child care services to comply with the applicable provisions of Title [
21 [
22 (8) Child care centers established under this section shall operate in compliance with state
23 and local laws and regulations, including zoning and licensing requirements, and applicable school
24 rules.
25 (9) Except for Subsection (8), this section does not apply to child care centers established
26 by a school district within a public school building if the center offers child care services primarily
27 to children of employees or children of students of the school district.
28 Section 279. Section 54-11-5 (Effective 07/01/97) is amended to read:
29 54-11-5 (Effective 07/01/97). Worker compensation inapplicable to injuries in
30 ride-sharing.
31 Section [
1 course of their employment shall not apply to persons injured while participating in a ride-sharing
2 arrangement between their places of residence and places of employment.
3 Section 280. Section 57-21-2 (Effective 07/01/97) is amended to read:
4 57-21-2 (Effective 07/01/97). Definitions.
5 As used in this chapter:
6 (1) "Aggrieved person" includes any person who:
7 (a) claims to have been injured by a discriminatory housing practice; or
8 (b) believes that he will be injured by a discriminatory housing practice that is about to
9 occur.
10 [
11 Labor Commission.
12 [
13 commenced a complaint with the division.
14 [
15 discriminatory housing practices by the investigation of the complaint through informal
16 negotiations involving the complainant, the respondent, and the division.
17 [
18 of the issues in conciliation.
19 [
20 complaint or by the investigation of a complaint through informal negotiations involving the
21 complainant, the respondent, and the division. The conciliation conference is not subject to Title
22 63, Chapter 46b, Administrative Procedures Act.
23 [
24 (a) buildings consisting of four or more dwelling units if the buildings have one or more
25 elevators; and
26 (b) ground floor units in other buildings consisting of four or more dwelling units.
27 (8) "Director" means the director of the [
28 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
29 or more of a person's major life activities, including a person having a record of such an
30 impairment or being regarded as having such an impairment.
31 (b) "Disability" does not include current illegal use of, or addiction to, any federally
1 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.
2 (10) "Discriminate" includes segregate or separate.
3 (11) "Discriminatory housing practice" means an act that is unlawful under this chapter.
4 (12) "Division" means the Division of Antidiscrimination and Labor[
5
6 (13) (a) "Dwelling" means any building or structure, or a portion of a building or structure,
7 occupied as, or designed or intended for occupancy as, a residence of one or more families.
8 (b) "Dwelling" also includes vacant land that is offered for sale or lease for the
9 construction or location of a dwelling as described in Subsection (13)(a).
10 (14) (a) "Familial status" means one or more individuals who have not attained the age of
11 18 years being domiciled with:
12 (i) a parent or another person having legal custody of the individual or individuals; or
13 (ii) the designee of the parent or other person having custody, with the written permission
14 of the parent or other person.
15 (b) The protections afforded against discrimination on the basis of familial status shall
16 apply to any person who:
17 (i) is pregnant;
18 (ii) is in the process of securing legal custody of any individual who has not attained the
19 age of 18 years; or
20 (iii) is a single individual.
21 (15) "National origin" means the place of birth of an individual or of any lineal ancestors.
22 (16) "Person" includes one or more individuals, corporations, limited liability companies,
23 partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock
24 companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States
25 Bankruptcy Code, receivers, and fiduciaries.
26 (17) "Presiding officer" has the same meaning as provided in Section 63-46b-2.
27 (18) "Real estate broker" or "salesperson" means a principal real estate broker, an associate
28 real estate broker, or a real estate sales agent as those terms are defined in Section 61-2-2.
29 (19) "Respondent" means a person against whom a complaint of housing discrimination
30 has been initiated.
31 (20) "Sex" means gender and includes pregnancy, childbirth, and disabilities related to
1 pregnancy or childbirth.
2 (21) "Source of income" means the verifiable condition of being a recipient of federal,
3 state, or local assistance, including medical assistance, or of being a tenant receiving federal, state,
4 or local subsidies, including rental assistance or rent supplements.
5 Section 281. Section 57-21-8 (Effective 07/01/97) is amended to read:
6 57-21-8 (Effective 07/01/97). Jurisdiction -- Department -- Division.
7 (1) The [
8 discrimination under this chapter and may delegate the responsibility of receiving, processing, and
9 investigating allegations of discriminatory housing practices and enforcing this chapter to the
10 division.
11 (2) The [
12 (a) adopt rules necessary to administer this chapter in accordance with Title 63, Chapter
13 46a, Utah Administrative Rulemaking Act; and
14 (b) appoint and prescribe the duties of investigators, legal counsel, and other employees
15 and agents that it considers necessary for the enforcement of this chapter.
16 (3) The division may:
17 (a) receive, reject, investigate, and determine complaints alleging discriminatory housing
18 practices prohibited by this chapter;
19 (b) issue subpoenas to compel the attendance of witnesses or the production of evidence
20 for use in any investigation, conference, or hearing conducted by the division, and if a person fails
21 to comply with such a subpoena, petition a court of competent jurisdiction for an order to show
22 cause why that person should not be held in contempt;
23 (c) attempt conciliation between the parties through informal efforts, conference,
24 persuasion, or other reasonable methods for the purposes of resolving the complaint;
25 (d) seek prompt judicial action for appropriate temporary or preliminary relief pending
26 final disposition of a complaint if the division concludes that such an action is necessary to carry
27 out the purposes of this chapter;
28 (e) initiate a civil action in a court of competent jurisdiction to:
29 (i) enforce the rights granted or protected under this chapter;
30 (ii) seek injunctive or other equitable relief, including temporary restraining orders,
31 preliminary injunctions, or permanent injunctions;
1 (iii) seek damages; and
2 (iv) enforce final department orders on the division's own behalf or on behalf of another
3 person in order to carry out the purposes of this chapter;
4 (f) initiate formal agency action under Title 63, Chapter 46b, Administrative Procedures
5 Act; and
6 (g) promote public awareness of the rights and remedies under this chapter.
7 Section 282. Section 57-21-9 (Effective 07/01/97) is amended to read:
8 57-21-9 (Effective 07/01/97). Procedure for an aggrieved person to file a complaint
9 -- Conciliation -- Investigation -- Determination.
10 (1) Any person aggrieved by a discriminatory housing practice may file a written verified
11 complaint with the division within 180 days after the alleged discriminatory housing practice
12 occurs.
13 (2) (a) The [
14 24 C.F.R. Sec. 115.3 (1990), relating to procedures under related federal law, to govern:
15 (i) the form of the complaint;
16 (ii) the form of any answer to the complaint;
17 (iii) procedures for filing or amending a complaint or answer; and
18 (iv) the form of notice to parties accused of the acts or omissions giving rise to the
19 complaint.
20 (b) The [
21 to the division's processing of the complaint.
22 (3) During the period beginning with the filing of the complaint and ending with the
23 director's determination and order, the division shall, to the extent feasible, engage in conciliation
24 with respect to the complaint.
25 (4) The division shall commence proceedings to investigate and conciliate a complaint
26 alleging a discriminatory housing practice within 30 days after the filing of the complaint.
27 (5) The division shall complete the investigation within 100 days after the filing of the
28 complaint, unless it is impracticable to do so. If the division is unable to complete the
29 investigation within 100 days after the filing of the complaint, the division shall notify the
30 complainant and respondent in writing of the reasons for the delay.
31 (6) If the division determines that there is no reasonable cause to support the allegations
1 in the complaint:
2 (a) the director or the director's designee shall issue a written determination and order for
3 the dismissal of the complainant and respondent; and
4 (b) the complainant, respondent, or an aggrieved party may submit a written request for
5 a reconsideration of the director's or designee's determination and order within 20 days after the
6 date of issuance of the director's determination and order pursuant to Section 63-46b-13. The
7 decision of the Division of Adjudication may be appealed in accordance with Title [
8 Chapter 1, Part 3, Adjudicative Proceedings.
9 (7) If the director or designee fails to receive a timely request for review under Subsection
10 (6)(b), the determination and order become the final order of the [
11 (8) If the division determines that there is reasonable cause to support the allegations in
12 the complaint, all of the following apply:
13 (a) The division shall informally endeavor to eliminate or correct the discriminatory
14 housing practice through a conciliation conference between the parties, presided over by the
15 division. Nothing said or done in the course of the conciliation conference may be made public
16 or admitted as evidence in a subsequent proceeding under this chapter without the written consent
17 of the parties concerned.
18 (b) If the conciliation conference results in voluntary compliance with this chapter, a
19 conciliation agreement setting forth the resolution of the issues shall be executed by the parties and
20 approved by the division. The parties may enforce the conciliation agreement in an action filed
21 in a court of competent jurisdiction.
22 (c) If the division is unable to obtain a conciliation agreement, the director shall issue a
23 written determination and order to the complainant and respondent stating the findings of the
24 division that the allegations of the complaint are supported by reasonable cause and ordering any
25 appropriate relief under Section 57-21-11.
26 Section 283. Section 57-21-10 (Effective 07/01/97) is amended to read:
27 57-21-10 (Effective 07/01/97). Judicial election or formal adjudicative hearing.
28 (1) If the director's determination and order finds that there is reasonable cause to believe
29 that a discriminatory housing practice has occurred, or is about to occur, the complainant,
30 respondent, or an aggrieved person on whose behalf a complaint has been filed may elect to have
31 the findings of the division asserted in either a formal adjudicative hearing or in a civil action.
1 (2) The election shall be submitted in writing to the director of the Division of
2 Adjudication within 20 days from the date of issuance of the director's determination and order.
3 If the director fails to receive a timely election, the director's determination and order become the
4 final order of the [
5 (3) If the complainant, respondent, or an aggrieved person elects to have the claims
6 asserted in a formal adjudicative hearing or in a civil action, the Division of Adjudication shall
7 give written notice to the complainant and respondent of that election.
8 (4) If an election is made, the director of the Division of Adjudication or the director's
9 designee shall determine whether the allegations of the complaint are supported by substantial
10 evidence.
11 (5) If the director of the Division of Adjudication or the director's designee determines that
12 the allegations of the complaint are supported by substantial evidence, the director shall, pursuant
13 to the election, refer the matter to the presiding officer to set a formal adjudicative hearing or
14 commence a civil action in an appropriate district court within 30 days from the date the election
15 is made. The Division of Adjudication shall provide legal representation on behalf of the
16 aggrieved person.
17 (6) If the director of the Division of Adjudication or the director's designee determines that
18 the allegations of the complaint are not supported by substantial evidence, the complainant may
19 commence a private civil action under Subsection 57-21-12(1).
20 (7) Upon timely application, an aggrieved person may intervene with respect to the issues
21 to be determined in a formal adjudicative hearing or in a civil action brought under this section.
22 (8) If a formal adjudicative hearing is elected, all of the following apply:
23 (a) The presiding officer shall commence the formal adjudicative hearing within 120 days
24 after the complainant, respondent, or aggrieved person makes the election, unless it is
25 impracticable to do so.
26 (b) The investigator who investigated the matter may not participate in the formal
27 adjudicative hearing, except as a witness, nor may the investigator participate in the deliberations
28 of the presiding officer.
29 (c) Any party to the complaint may file a written request to the Division of Adjudication
30 for review of the presiding officer's order in accordance with Section 63-46b-12 and Title [
31 34A, Chapter 1, Part 3, Adjudicative Proceedings.
1 (d) A final order of the [
2 review as provided in Section 63-46b-16 and Title [
3 Proceedings.
4 (9) If a civil action is elected, the [
5 commencing any adjudicative proceeding in connection with the same claims under this chapter.
6 (10) The [
7 complaint alleging a discriminatory housing practice within one year after the filing of the
8 complaint, unless it is impracticable to do so. If the [
9 final administrative disposition within one year, the [
10 complainant, respondent, and any other interested party in writing of the reasons for the delay.
11 Section 284. Section 57-21-11 (Effective 07/01/97) is amended to read:
12 57-21-11 (Effective 07/01/97). Relief granted -- Civil penalties -- Enforcement of final
13 order.
14 (1) Under Sections 57-21-9 and 57-21-10, if the director, presiding officer, [
15 commissioner, Appeals Board, or court finds reasonable cause to believe that a discriminatory
16 housing practice has occurred or is about to occur, the director, presiding officer, [
17 commissioner, Appeals Board, or court may order, as considered appropriate:
18 (a) the respondent to cease any discriminatory housing practice;
19 (b) actual damages, reasonable attorneys' fees and costs to the aggrieved person; and
20 (c) any permanent or temporary injunction, temporary restraining order, or other
21 appropriate order.
22 (2) In addition to the relief granted to an aggrieved person under Subsection (1), in order
23 to vindicate the public interest, the director, presiding officer, or court may also assess civil
24 penalties against the respondent in an amount not exceeding:
25 (a) $10,000 if the respondent has not been adjudged to have committed any prior
26 discriminatory housing practice;
27 (b) $25,000 if the respondent has been adjudged to have committed one other
28 discriminatory housing practice during the five-year period ending on the date of the filing of the
29 complaint; or
30 (c) $50,000 if the respondent has been adjudged to have committed two or more
31 discriminatory housing practices during the seven-year period ending on the date of the filing of
1 this complaint.
2 (3) The time periods in Subsections (2)(b) and (c) may be disregarded if the acts
3 constituting the discriminatory housing practice are committed by the same natural person who
4 has previously been adjudged to have committed a discriminatory housing practice.
5 (4) The division may file a petition in a district court of competent jurisdiction for:
6 (a) the enforcement of a final department order; and
7 (b) for any appropriate temporary relief or restraining order necessary for the enforcement
8 of a final department order.
9 Section 285. Section 57-21-13 (Effective 07/01/97) is amended to read:
10 57-21-13 (Effective 07/01/97). Disclosure of information.
11 (1) Conciliation agreements and the director's determination and order are public records.
12 (2) Subject to Subsection (3), neither the [
13 divulge or make public information gained from any investigation, settlement negotiation,
14 conciliation, hearing, or administrative proceeding before the [
15 as follows:
16 (a) Information used by the director in making any determination may be provided to all
17 interested parties for the purpose of preparation for and participation in the investigation and any
18 proceedings before the [
19 (b) General statistical information may be disclosed provided identities of individuals or
20 parties are not disclosed.
21 (c) Information may be disclosed for inspection upon proper request by the attorney
22 general or other legal representatives of the state or [
23 (d) Information may be disclosed for information and reporting requirements of the federal
24 government.
25 (3) [
26 public any information gained from any investigation, settlement negotiation, conciliation, hearing,
27 or administrative proceeding before the department if a privacy interest entitled to protection by
28 law exists or the department determines that disclosure will not further the purposes of this
29 chapter.
30 Section 286. Section 58-55-302 (Effective 07/01/97) is amended to read:
31 58-55-302 (Effective 07/01/97). Qualifications for licensure.
1 (1) Each applicant for a license under this chapter shall:
2 (a) submit an application prescribed by the division;
3 (b) pay a fee as determined by the department under Section 63-38-3.2;
4 (c) (i) pass an examination approved by the division in collaboration with the board,
5 except for the classifications of apprentice plumber, residential apprentice plumber, and apprentice
6 electrician for whom no examination is required; or
7 (ii) the individual qualifier must pass the required examination if the applicant is a
8 business entity;
9 (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
10 (e) if an applicant for a contractor's license:
11 (i) produce satisfactory evidence of financial responsibility, except for construction trades
12 instructor for whom evidence of financial responsibility is not required;
13 (ii) produce satisfactory evidence of knowledge and experience in the construction
14 industry and knowledge of the principles of the conduct of business as a contractor, reasonably
15 necessary for the protection of the public health, safety, and welfare; and
16 (iii) be a licensed master electrician if an applicant for an electrical contractor's license or
17 a licensed master residential electrician if an applicant for a residential electrical contractor's
18 license; or
19 (iv) be a journeyman plumber or residential journeyman plumber if an applicant for a
20 plumbing contractor's license;
21 (f) if an applicant for a construction trades instructor license, satisfy any additional
22 requirements established by rule.
23 (2) After approval of an applicant for a contractor's license by the board and the division,
24 the applicant shall file the following with the division before the division issues the license:
25 (a) proof of workers' compensation insurance which covers employees of the applicant in
26 accordance with applicable Utah law;
27 (b) proof of public liability insurance in coverage amounts and form established by rule
28 except for a construction trades instructor for whom public liability insurance is not required; and
29 (c) proof of registration as required by applicable law with the:
30 (i) Utah Department of Commerce[
31 (ii) Division of Corporations and Commercial Code[
1 (iii) Division of [
2 Services in the Department of Workforce Services, for purposes of Title 35A, Chapter 4,
3 Employment Security Act;
4 (iv) State Tax Commission[
5 (v) Internal Revenue Service[
6 (3) In addition to the general requirements for each applicant in Subsection (1), applicants
7 shall comply with the following requirements to be licensed in the following classifications:
8 (a) A journeyman plumber applicant shall produce:
9 (i) satisfactory evidence of successful completion of the equivalent of at least four years
10 of full-time training and instruction as a licensed apprentice plumber under supervision of a
11 licensed journeyman plumber and in accordance with a planned program of training approved by
12 the division;
13 (ii) satisfactory evidence of at least eight years of full-time experience approved by the
14 division in collaboration with the Plumbers Licensing Board; or
15 (iii) satisfactory evidence of meeting the qualifications determined by the division and
16 board to be equivalent to Subsection (3)(a)(i) or (a)(ii).
17 (b) A residential journeyman plumber shall produce satisfactory evidence of completion
18 of:
19 (i) the equivalent of at least three years of full-time training and instruction as a licensed
20 apprentice plumber under the supervision of a licensed residential journeyman plumber or licensed
21 journeyman plumber in accordance with a planned program of training approved by the division;
22 (ii) at least six years of full-time experience in a maintenance or repair trade involving
23 substantial plumbing work; or
24 (iii) satisfactory evidence of meeting the qualifications determined by the division and
25 board to be equivalent to Subsection (3)(b)(i) or (b)(ii).
26 (c) A master electrician applicant shall produce satisfactory evidence that he either:
27 (i) is a graduate electrical engineer of an accredited college or university approved by the
28 division and has one year of practical electrical experience as a licensed apprentice electrician;
29 (ii) is a graduate of an electrical trade school, having received an associate of applied
30 sciences degree following successful completion of a course of study approved by the division,
31 and has two years of practical experience as a licensed journeyman electrician;
1 (iii) is a graduate of an electrical trade school, having received a certificate of completion
2 following successful completion of a course of study approved by the division, and has four years
3 of practical experience as a journeyman electrician;
4 (iv) has at least eight years of practical experience under the supervision of a licensed
5 journeyman or master electrician; or
6 (v) meets the qualifications determined by the division and board to be equivalent to these
7 qualifications.
8 (d) A master residential electrician applicant shall produce satisfactory evidence that he:
9 (i) has at least two years of practical experience as a residential journeyman electrician;
10 or
11 (ii) meets the qualifications determined by the division and board to be equivalent to this
12 practical experience.
13 (e) A journeyman electrician applicant shall produce satisfactory evidence that he either:
14 (i) has successfully completed at least four years of full-time training and instruction as
15 a licensed apprentice electrician under the supervision of a master electrician or journeyman
16 electrician and in accordance with a planned training program approved by the division;
17 (ii) has six years of practical experience in wiring, installing, and repairing electrical
18 apparatus and equipment for light, heat, and power under the supervision of a licensed master or
19 journeyman electrician; or
20 (iii) meets the qualifications determined by the division and board to be equivalent to these
21 qualifications.
22 (f) A residential journeyman electrician applicant shall produce satisfactory evidence that
23 he:
24 (i) has successfully completed two years of training in an electrical training program
25 approved by the division;
26 (ii) has four years of practical experience in wiring, installing, and repairing electrical
27 apparatus and equipment for light, heat, and power under the supervision of a licensed master,
28 journeyman, residential master, or residential journeyman electrician; or
29 (iii) meets the qualifications determined by the division and board to be equivalent to
30 Subsection (3)(f)(i) or (f)(ii).
31 (g) The conduct of licensed apprentice electricians and their licensed supervisors shall be
1 in accordance with the following:
2 (i) A licensed apprentice electrician shall be under the immediate supervision of a licensed
3 master, journeyman, residential master, or residential journeyman electrician. An apprentice in
4 the fourth year of training may work without supervision for a period not to exceed eight hours in
5 any 24-hour period.
6 (ii) A licensed master, journeyman, residential master, or residential journeyman
7 electrician may have under his immediate supervision on a residential project up to three licensed
8 apprentice electricians.
9 (iii) A licensed master or journeyman electrician may have under his immediate
10 supervision on nonresidential projects only one licensed apprentice electrician.
11 Section 287. Section 58-59-302 (Effective 07/01/97) is amended to read:
12 58-59-302 (Effective 07/01/97). Qualifications for licensure.
13 Each applicant for licensure as an employee leasing company shall:
14 (1) submit an application in a form prescribed by the division;
15 (2) pay a fee as determined by the department under Section 63-38-3.2;
16 (3) provide documentation that the applicant is properly registered with:
17 (a) the Division of Corporations and Commercial Code;
18 (b) the Division of [
19 Services in the Department of Workforce Services, for the purposes of Title 35A, Chapter 4,
20 Employment Security Act;
21 (c) the State Tax Commission;
22 (d) the Internal Revenue Service; and
23 (e) any other agency identified by rule that is determined by the division and the board as
24 necessary for a person engaged in practice as an employee leasing company;
25 (4) provide documentation satisfactory to the division and the board that employees leased
26 by the employee leasing company to any client company are covered by workers' compensation
27 insurance pursuant to Section 35A-3-103;
28 (5) provide evidence to the division and the board of financial responsibility, as this
29 evidence is prescribed by rule;
30 (6) in the case of an employee leasing company that is commencing or reentering business
31 as an employee leasing company, provide evidence to the division and the board, in accordance
1 with generally accepted accounting principals, of at least $50,000 net worth as starting capital;
2 (7) provide evidence satisfactory to the division and the board of the financial
3 responsibility of any self-funded or partially self-funded insurance plan as defined by rule;
4 (8) provide evidence satisfactory to the division and the board that the responsible
5 managers of the leasing company have education and experience in the conduct of business that
6 demonstrate a reasonable expectation that the company will be managed with the skill and
7 expertise necessary to protect the interests of its employees, client companies, and the public; and
8 (9) provide evidence that the applicant is of good moral character.
9 Section 288. Section 58-59-501 (Effective 07/01/97) is amended to read:
10 58-59-501 (Effective 07/01/97). Unlawful conduct.
11 Unlawful conduct includes:
12 (1) engaging in practice as an employee leasing company without a license;
13 (2) offering an employee a self-funded medical program, unless:
14 (i) the program provides its benefits under an employee benefit plan that complies with
15 29 U.S.C. Sec. 1143 et seq.; and
16 (ii) the program is maintained for the sole benefit of eligible plan participants;
17 (3) misrepresenting that any self-funded medical program it offers is other than
18 self-funded;
19 (4) offering to its employees any self-funded medical plan without delivering to each plan
20 participant a summary plan description that accurately describes terms of the plan;
21 (5) providing leased employees to any client company under any provision, term, or
22 condition that is not contained in a clearly written agreement between the leasing company and
23 client company;
24 (6) any willful, fraudulent, or deceitful act by a licensee, caused by a licensee, or at a
25 licensee's direction, that causes material injury to a client company or employee leased to a client
26 company;
27 (7) failing to maintain or ensure that client companies maintain in full force and effect
28 required workers' compensation insurance on all leased employees in accordance with Utah law
29 pursuant to Section [
30 (8) failing to pay in a timely manner any federal or state income tax withholding, FICA,
31 unemployment tax, employee insurance benefit premium, workers' compensation premium, or
1 other obligation due and payable directly as a result of engaging in business as an employee
2 leasing company; and
3 (9) failing to comply with federal law regarding any employee benefit offered to an
4 employee.
5 Section 289. Section 58-63-302 (Effective 07/01/97) is amended to read:
6 58-63-302 (Effective 07/01/97). Qualifications for licensure.
7 (1) Each applicant for licensure as a contract security company shall:
8 (a) submit an application in a form prescribed by the division;
9 (b) pay a fee determined by the department under Section 63-38-3.2;
10 (c) have a qualifying agent who is a resident of the state and an officer, director, partner,
11 proprietor, or manager of the applicant who:
12 (i) passes an examination component established by rule by the division in collaboration
13 with the board; and
14 (ii) (A) demonstrates 6,000 hours of experience as a manager, supervisor, or administrator
15 of a contract security company; or
16 (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
17 collaboration with the board with a federal, United States military, state, county, or municipal law
18 enforcement agency;
19 (d) if a corporation, provide:
20 (i) the names, addresses, dates of birth, and social security numbers of all corporate
21 officers, directors, and those responsible management personnel employed within the state or
22 having direct responsibility for managing operations of the applicant within the state; and
23 (ii) the names, addresses, dates of birth, and social security numbers, of all shareholders
24 owning 5% or more of the outstanding shares of the corporation, except this may not be required
25 if the stock is publicly listed and traded;
26 (e) if a limited liability company, provide:
27 (i) the names, addresses, dates of birth, and social security numbers of all company
28 officers, and those responsible management personnel employed within the state or having direct
29 responsibility for managing operations of the applicant within the state; and
30 (ii) the names, addresses, dates of birth, and social security numbers of all individuals
31 owning 5% or more of the equity of the company;
1 (f) if a partnership, the names, addresses, dates of birth, and social security numbers of all
2 general partners, and those responsible management personnel employed within the state or having
3 direct responsibility for managing operations of the applicant within the state;
4 (g) if a proprietorship, the names, addresses, dates of birth, and social security numbers
5 of the proprietor, and those responsible management personnel employed within the state or
6 having direct responsibility for managing operations of the applicant within the state;
7 (h) be of good moral character in that officers, directors, shareholders described in
8 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not been
9 convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when
10 considered with the duties and responsibilities of a contract security company is considered by the
11 division and the board to indicate that the best interests of the public are not served by granting
12 the applicant a license;
13 (i) document that none of the applicant's officers, directors, shareholders described in
14 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
15 (i) have been declared by any court of competent jurisdiction incompetent by reason of
16 mental defect or disease and not been restored; and
17 (ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
18 (j) file and maintain with the division evidence of:
19 (i) comprehensive general liability insurance in form and in amounts to be established by
20 rule by the division in collaboration with the board;
21 (ii) workers' compensation insurance that covers employees of the applicant in accordance
22 with applicable Utah law;
23 (iii) registration with the Division of Corporations and Commercial Code; and
24 (iv) registration as required by applicable law with the:
25 (A) Division of [
26 Services in the Department of Workforce Services, for purposes of Title 35A, Chapter 4,
27 Employment Security Act;
28 (B) State Tax Commission[
29 (C) Internal Revenue Service [
30 (k) meet with the division and board if requested by the division or board.
31 (2) Each applicant for licensure as an armed private security officer shall:
1 (a) submit an application in a form prescribed by the division;
2 (b) pay a fee determined by the department under Section 63-38-3.2;
3 (c) be of good moral character in that the applicant has not been convicted of a felony, a
4 misdemeanor involving moral turpitude, or any other crime that when considered with the duties
5 and responsibilities of an armed private security officer is considered by the division and the board
6 to indicate that the best interests of the public are not served by granting the applicant a license;
7 (d) not have been declared by any court of competent jurisdiction incompetent by reason
8 of mental defect or disease and not been restored;
9 (e) not be currently suffering from habitual drunkenness or from drug addiction or
10 dependence;
11 (f) successfully complete basic education and training requirements established by rule by
12 the division in collaboration with the board;
13 (g) successfully complete firearms training requirements established by rule by the
14 division in collaboration with the board;
15 (h) pass the examination requirement established by rule by the division in collaboration
16 with the board; and
17 (i) meet with the division and board if requested by the division or the board.
18 (3) Each applicant for licensure as an unarmed private security officer shall:
19 (a) submit an application in a form prescribed by the division;
20 (b) pay a fee determined by the department under Section 63-38-3.2;
21 (c) be of good moral character in that the applicant has not been convicted of a felony, a
22 misdemeanor involving moral turpitude, or any other crime that when considered with the duties
23 and responsibilities of an unarmed private security officer is considered by the division and the
24 board to indicate that the best interests of the public are not served by granting the applicant a
25 license;
26 (d) not have been declared by any court of competent jurisdiction incompetent by reason
27 of mental defect or disease and not been restored;
28 (e) not be currently suffering from habitual drunkenness or from drug addiction or
29 dependence;
30 (f) successfully complete basic education and training requirements established by rule by
31 the division in collaboration with the board;
1 (g) pass the examination requirement established by rule by the division in collaboration
2 with the board; and
3 (h) meet with the division and board if requested by the division or board.
4 (4) Each applicant for licensure as an alarm response runner shall:
5 (a) submit an application in a form prescribed by the division;
6 (b) pay a fee determined by the department under Section 63-38-3.2;
7 (c) be of good moral character in that the applicant has not been convicted of a felony, a
8 misdemeanor involving moral turpitude, or any other crime that when considered with the duties
9 and responsibilities of an alarm response runner is considered by the division and board to indicate
10 that the best interests of the public are not served by granting the applicant a license;
11 (d) not have been declared by any court of competent jurisdiction incompetent by reason
12 of mental defect or disease and not been restored;
13 (e) not be currently suffering from habitual drunkenness or from drug addiction or
14 dependence; and
15 (f) meet with the division and board if requested by the division or board.
16 (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17 division may make rules establishing when Federal Bureau of Investigation records shall be
18 checked for applicants.
19 (6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
20 (3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint cards
21 to the Department of Public Safety with the division's request to:
22 (a) conduct a search of records of the Department of Public Safety for criminal history
23 information relating to each applicant for licensure under this chapter and each applicant's officers,
24 directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and responsible
25 management personnel; and
26 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
27 requiring a check of records of the F.B.I. for criminal history information under this section.
28 (7) The Department of Public Safety shall send to the division:
29 (a) a written record of criminal history, or certification of no criminal history record, as
30 contained in the records of the Department of Public Safety in a timely manner after receipt of a
31 fingerprint card from the division and a request for review of Department of Public Safety records;
1 and
2 (b) the results of the F.B.I. review concerning an applicant in a timely manner after receipt
3 of information from the F.B.I.
4 (8) (a) The division shall charge each applicant a fee, in accordance with Section
5 63-38-3.2, equal to the cost of performing the records reviews under this section.
6 (b) The division shall pay the Department of Public Safety the costs of all records reviews,
7 and the Department of Public Safety shall pay the F.B.I. the costs of records reviews under this
8 chapter.
9 (9) Information obtained by the division from the reviews of criminal history records of
10 the Department of Public Safety and the F.B.I. shall be used or disseminated by the division only
11 for the purpose of determining if an applicant for licensure under this chapter is qualified for
12 licensure.
13 Section 290. Section 58-65-302 (Effective 07/01/97) is amended to read:
14 58-65-302 (Effective 07/01/97). Qualifications for licensure.
15 (1) Each applicant for licensure as an alarm company shall:
16 (a) submit an application in a form prescribed by the division;
17 (b) pay a fee determined by the department under Section 63-38-3.2;
18 (c) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
19 the applicant who:
20 (i) demonstrates 6,000 hours of experience in the alarm company business;
21 (ii) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
22 company business or in a construction business; and
23 (iii) passes an examination component established by rule by the division in collaboration
24 with the board;
25 (d) if a corporation, provide:
26 (i) the names, addresses, dates of birth, social security numbers, and fingerprint cards of
27 all corporate officers, directors, and those responsible management personnel employed within the
28 state or having direct responsibility for managing operations of the applicant within the state; and
29 (ii) the names, addresses, dates of birth, social security numbers, and fingerprint cards of
30 all shareholders owning 5% or more of the outstanding shares of the corporation, except this shall
31 not be required if the stock is publicly listed and traded;
1 (e) if a limited liability company, provide:
2 (i) the names, addresses, dates of birth, social security numbers, and fingerprint cards of
3 all company officers, and those responsible management personnel employed within the state or
4 having direct responsibility for managing operations of the applicant within the state; and
5 (ii) the names, addresses, dates of birth, social security numbers, and fingerprint cards of
6 all individuals owning 5% or more of the equity of the company;
7 (f) if a partnership, the names, addresses, dates of birth, social security numbers, and
8 fingerprint cards of all general partners, and those responsible management personnel employed
9 within the state or having direct responsibility for managing operations of the applicant within the
10 state;
11 (g) if a proprietorship, the names, addresses, dates of birth, social security numbers, and
12 fingerprint cards of the proprietor, and those responsible management personnel employed within
13 the state or having direct responsibility for managing operations of the applicant within the state;
14 (h) be of good moral character in that officers, directors, shareholders described in
15 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not been
16 convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when
17 considered with the duties and responsibilities of an alarm company is considered by the division
18 and the board to indicate that the best interests of the public are served by granting the applicant
19 a license;
20 (i) document that none of applicant's officers, directors, shareholders described in
21 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have been
22 declared by any court of competent jurisdiction incompetent by reason of mental defect or disease
23 and not been restored;
24 (j) document that none of applicant's officers, directors, shareholders described in
25 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel are currently
26 suffering from habitual drunkenness or from drug addiction or dependence;
27 (k) file and maintain with the division evidence of:
28 (i) comprehensive general liability insurance in form and in amounts to be established by
29 rule by the division in collaboration with the board;
30 (ii) workers' compensation insurance that covers employees of the applicant in accordance
31 with applicable Utah law;
1 (iii) registration with the Division of Corporations and Commercial Code; and
2 (iv) registration as is required by applicable law with the:
3 (A) Division of Corporations and Commercial Code;
4 [
5 Information and Payment Services in the Department of Workforce Services, for purposes of Title
6 35A, Chapter 4, Employment Security Act;
7 (C) State Tax Commission[
8 (D) Internal Revenue Service [
9 (l) meet with the division and board.
10 (2) Each applicant for licensure as an alarm company agent shall:
11 (a) submit an application in a form prescribed by the division accompanied by fingerprint
12 cards;
13 (b) pay a fee determined by the department under Section 63-38-3.2;
14 (c) be of good moral character in that the applicant has not been convicted of a felony, a
15 misdemeanor involving moral turpitude, or any other crime that when considered with the duties
16 and responsibilities of an alarm company agent is considered by the division and the board to
17 indicate that the best interests of the public are served by granting the applicant a license;
18 (d) not have been declared by any court of competent jurisdiction incompetent by reason
19 of mental defect or disease and not been restored;
20 (e) not be currently suffering from habitual drunkenness or from drug addiction or
21 dependence; and
22 (f) meet with the division and board if requested by the division or the board.
23 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
24 division may make rules establishing when Federal Bureau of Investigation records shall be
25 checked for applicants.
26 (4) To determine if an applicant meets the qualifications of Subsections (1)(h) and (2)(c),
27 the division shall provide an appropriate number of copies of fingerprint cards to the Department
28 of Public Safety with the division's request to:
29 (a) conduct a search of records of the Department of Public Safety for criminal history
30 information relating to each applicant for licensure under this chapter and each applicant's officers,
31 directors, and shareholders described in Subsection (1)(d)(ii), partners, proprietors, and responsible
1 management personnel; and
2 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
3 requiring a check of records of the F.B.I. for criminal history information under this section.
4 (5) The Department of Public Safety shall send to the division:
5 (a) a written record of criminal history, or certification of no criminal history record, as
6 contained in the records of the Department of Public Safety in a timely manner after receipt of a
7 fingerprint card from the division and a request for review of Department of Public Safety records;
8 and
9 (b) the results of the F.B.I. review concerning an applicant in a timely manner after receipt
10 of information from the F.B.I.
11 (6) (a) The division shall charge each applicant a fee, in accordance with Section
12 63-38-3.2, equal to the cost of performing the records reviews under this section.
13 (b) The division shall pay the Department of Public Safety the costs of all records reviews,
14 and the Department of Public Safety shall pay the F.B.I. the costs of records reviews under this
15 chapter.
16 (7) Information obtained by the division from the reviews of criminal history records of
17 the Department of Public Safety and the F.B.I. shall be used or disseminated by the division only
18 for the purpose of determining if an applicant for licensure under this chapter is qualified for
19 licensure.
20 Section 291. Section 59-7-608 (Effective 07/01/97) is amended to read:
21 59-7-608 (Effective 07/01/97). Targeted jobs credit.
22 (1) As used in this section, "individual with a disability" means an individual who:
23 (a) has been receiving services from a day-training program for persons with disabilities,
24 which is certified by the Department of Human Services as a qualifying program, for at least six
25 consecutive months prior to working for the employer claiming the tax credit under this section;
26 or
27 (b) is eligible for services from the Division of Services for People with Disabilities at the
28 time the individual begins working for the employer claiming the tax credit under this section.
29 (2) For taxable years beginning on or after January 1, 1995, there is a nonrefundable tax
30 credit against tax otherwise due under this chapter for an employer who meets the unemployment
31 and workers' compensation requirements of Title [
1 Code, and hires an individual with a disability who:
2 (a) works in this state for at least 180 days in a taxable year for that employer; and
3 (b) is paid at least minimum wages by that employer.
4 (3) The credit shall be in an amount equal to:
5 (a) 10% of the gross wages earned in the first 180 days of employment by the individual
6 with a disability from the employer seeking the tax credit; and
7 (b) 20% of the gross wages earned in the remaining taxable year by the individual with
8 a disability from the employer seeking the tax credit.
9 (4) The credit which may be taken by an employer under this section shall be:
10 (a) limited to $3,000 per year per individual with a disability; and
11 (b) allowed only for the first two years the individual with a disability is employed by the
12 employer.
13 (5) Any amount of credit remaining may be carried forward two taxable years following
14 the taxable year of the employment eligible for the credit provided in this section.
15 (6) (a) The Division of Services for People with Disabilities shall certify that an employer
16 qualifies for the tax credit provided in this section on a form provided by the tax commission. The
17 form shall include the name and Social Security number of the individual for whom the credit is
18 claimed.
19 (b) An employer shall attach the certification form obtained from the Division of Services
20 for People with Disabilities to the tax return in which the credit is claimed.
21 Section 292. Section 59-9-101 (Effective 07/01/97) is amended to read:
22 59-9-101 (Effective 07/01/97). Tax basis -- Rates -- Exemptions.
23 (1) Except for annuity considerations, insurance premiums paid by institutions within the
24 state system of higher education as specified in Section 53B-1-102, and ocean marine insurance,
25 every admitted insurer shall pay to the commission on or before March 31 in each year, a tax of
26 2-1/4% of the total premiums received by it during the preceding calendar year from insurance
27 covering property or risks located in this state. Subsection (1) does not apply to workers'
28 compensation insurance, assessed under Subsection (2), and title insurance premiums, taxed under
29 Subsection (3). The taxable premium under Subsection (1) shall be reduced by:
30 (a) all premiums returned or credited to policyholders on direct business subject to tax in
31 this state;
1 (b) all premiums received for reinsurance of property or risks located in this state; and
2 (c) the dividends, including premium reduction benefits maturing within the year, paid or
3 credited to policyholders in this state or applied in abatement or reduction of premiums due during
4 the preceding calendar year.
5 (2) (a) Every admitted insurer writing workers' compensation insurance in this state,
6 including the Workers' Compensation Fund of Utah under Title 31A, Chapter 33, shall pay to the
7 tax commission, on or before March 31 in each year, a premium assessment of between 1% and
8 8% of the total workers' compensation premium income received by the insurer from workers'
9 compensation insurance in this state during the preceding calendar year.
10 (b) Total workers' compensation premium income means the net written premium as
11 calculated before any premium reduction for any insured employer's deductible, retention, or
12 reimbursement amounts and also those amounts equivalent to premiums as provided in Section
13 [
14 (c) The percentage of premium assessment applicable for a calendar year shall be
15 determined by the [
16 (2)(d). The total premium income shall be reduced in the same manner as provided in Subsections
17 (1)(a) and (1)(b), but not as provided in Subsection (1)(c). The tax commission shall promptly
18 remit from the premium assessment collected under Subsection (2):
19 (i) an amount of up to 7.25% of the premium income to the state treasurer for credit to the
20 Employers' Reinsurance Fund created under Subsection [
21 (ii) an amount equal to 0.25% of the premium income to the state treasurer for credit to
22 the restricted account in the General Fund, created by Section [
23 (iii) an amount of up to 0.50% and any remaining assessed percentage of the premium
24 income to the state treasurer for credit to the Uninsured Employers' Fund created under Section
25 [
26 (d) (i) The [
27 amount of the premium assessment for each year on or before each October 15 of the preceding
28 year. The [
29 following a public hearing. The determination shall be based upon the recommendations of a
30 qualified actuary.
31 (ii) The actuary shall recommend a premium assessment rate sufficient to provide
1 payments of benefits and expenses from the Employers' Reinsurance Fund and to project a funded
2 condition with assets greater than liabilities by no later than June 30, 2025.
3 (iii) The actuary shall recommend a premium assessment rate sufficient to provide
4 payments of benefits and expenses from the Uninsured Employers' Fund and to maintain it at a
5 funded condition with assets equal to or greater than liabilities.
6 (iv) At the end of each fiscal year the minimum approximate assets in the Employers'
7 Reinsurance Fund shall be $5,000,000 which amount shall be adjusted each year beginning in
8 1990 by multiplying by the ratio that the total workers' compensation premium income for the
9 preceding calendar year bears to the total workers' compensation premium income for the calendar
10 year 1988.
11 (v) The requirements of Subsection (2)(d)(iv) cease when the future annual disbursements
12 from the Employers' Reinsurance Fund are projected to be less than the calculations of the
13 corresponding future minimum required assets. The [
14 Commission shall, after a public hearing, determine if the future annual disbursements are less
15 than the corresponding future minimum required assets from projections provided by the actuary.
16 (vi) At the end of each fiscal year the minimum approximate assets in the Uninsured
17 Employers' Fund shall be $2,000,000, which amount shall be adjusted each year beginning in 1990
18 by multiplying by the ratio that the total workers' compensation premium income for the preceding
19 calendar year bears to the total workers' compensation premium income for the calendar year 1988.
20 (e) A premium assessment that is to be transferred into the General Fund may be collected
21 on premiums received from Utah public agencies.
22 (3) Every admitted insurer writing title insurance in this state shall pay to the commission,
23 on or before March 31 in each year, a tax of .45% of the total premium received by either the
24 insurer or by its agents during the preceding calendar year from title insurance concerning property
25 located in this state. In calculating this tax, "premium" includes the charges made to an insured
26 under or to an applicant for a policy or contract of title insurance for:
27 (a) the assumption by the title insurer of the risks assumed by the issuance of the policy
28 or contract of title insurance; and
29 (b) abstracting title, title searching, examining title, or determining the insurability of title,
30 and every other activity, exclusive of escrow, settlement, or closing charges, whether denominated
31 premium or otherwise, made by a title insurer, an agent of a title insurer, a title insurance agent,
1 or any of them.
2 (4) Beginning July 1, 1986, former county mutuals and former mutual benefit associations
3 shall pay the premium tax or assessment due under this chapter. All premiums received after July
4 1, 1986, shall be considered in determining the tax or assessment.
5 (5) The following insurers are not subject to the premium tax on health care insurance that
6 would otherwise be applicable under Subsection (1):
7 (a) insurers licensed under Title 31A, Chapter 5, Domestic Stock and Mutual Insurance
8 Corporations;
9 (b) insurers licensed under Title 31A, Chapter 7, Nonprofit Health Service Insurance
10 Corporations;
11 (c) insurers licensed under Title 31A, Chapter 8, Health Maintenance Organizations and
12 Limited Plans;
13 (d) insurers licensed under Title 31A, Chapter 9, Insurance Fraternals;
14 (e) insurers licensed under Title 31A, Chapter 11, Motor Clubs;
15 (f) insurers licensed under Title 31A, Chapter 13, Employee Welfare Funds and Plans; and
16 (g) insurers licensed under Title 31A, Chapter 14, Foreign Insurers.
17 (6) [
18 premiums among the policies for purposes of reducing the aggregate premium tax or assessment
19 applicable to the policies.
20 (7) The retaliatory provisions of Title 31A, Chapter 3, apply to the tax or assessment
21 imposed under this chapter.
22 (8) [
23 to public agency insurance mutuals.
24 Section 293. Section 59-10-109 (Effective 07/01/97) is amended to read:
25 59-10-109 (Effective 07/01/97). Targeted jobs credit.
26 (1) As used in this section, "individual with a disability" means an individual who:
27 (a) has been receiving services from a day-training program for persons with disabilities,
28 which is certified by the Department of Human Services as a qualifying program, for at least six
29 consecutive months prior to working for the employer claiming the tax credit under this section;
30 or
31 (b) is eligible for services from the Division of Services for People with Disabilities at the
1 time the individual begins working for the employer claiming the tax credit under this section.
2 (2) For taxable years beginning on or after January 1, 1995, there is a nonrefundable tax
3 credit against tax otherwise due under this chapter for an employer who meets the unemployment
4 and workers' compensation requirements of Title [
5 Code, and hires an individual with a disability who:
6 (a) works in this state for at least 180 days in a taxable year for that employer; and
7 (b) is paid at least minimum wages by that employer.
8 (3) The credit shall be in an amount equal to:
9 (a) 10% of the gross wages earned in the first 180 days of employment by the individual
10 with a disability from the employer seeking the tax credit; and
11 (b) 20% of the gross wages earned in the remaining taxable year by the individual with
12 a disability from the employer seeking the tax credit.
13 (4) The credit which may be taken by an employer under this section shall be:
14 (a) limited to $3,000 per year per individual with a disability; and
15 (b) allowed only for the first two years the individual with a disability is employed by the
16 employer.
17 (5) Any amount of credit remaining may be carried forward two taxable years following
18 the taxable year of the employment eligible for the credit provided in this section.
19 (6) (a) The Division of Services for People with Disabilities shall certify that an employer
20 qualifies for the tax credit provided in this section on a form provided by the tax commission. The
21 form shall include the name and Social Security number of the individual for whom the credit is
22 claimed.
23 (b) An employer shall attach the certification form obtained from the Division of Services
24 for People with Disabilities to the tax return in which the credit is claimed.
25 Section 294. Section 59-10-404 is amended to read:
26 59-10-404. Extension of withholding to payments other than wages.
27 (1) For purposes of this part, any supplemental unemployment compensation benefit paid
28 to an individual, and any payment of an annuity to an individual, if at the time the payment is
29 made a request that such annuity be subject to withholding under this part is in effect, shall be
30 treated as if it were a payment of wages by an employer to an employee for a payroll period.
31 (2) For purposes of Subsection (1), "supplemental unemployment compensation benefits"
1 means amounts that are paid to an employee pursuant to a plan to which the employer is a party,
2 because of an employee's involuntary separation from employment, whether or not such separation
3 is temporary, resulting directly from a reduction in force, the discontinuance of a plant or
4 operation, or other similar conditions, but only to the extent such benefits are includable in the
5 employee's gross income.
6 (3) For purposes of this part, any unemployment compensation benefit paid to an
7 individual pursuant to Title [
8 withholding as provided in Section [
9 (4) For purposes of this section, "annuity" means any amount paid to an individual as a
10 pension or annuity, but only to the extent that the amount is includable in the gross income of such
11 individual.
12 (5) A request that an annuity be subject to withholding under this part shall be made by
13 the payee in writing to the person making the annuity payments. The request may be terminated
14 by furnishing to the person making the payments a written statement of termination which shall
15 be treated as a withholding exemption certificate for purposes of Section 59-10-403.
16 Section 295. Section 62A-1-114 (Repealed 07/01/97) is amended to read:
17 62A-1-114 (Repealed 07/01/97). Department is state agency for specified federal
18 programs -- Development of state plans and programs.
19 (1) The department shall be the social services authority of the state, and shall be the sole
20 state agency for administration of federally-assisted state programs or plans such as the social
21 services block grant, low income energy assistance program block grant, alcohol, drug, and mental
22 health block grant, [
23 supported under the Older Americans Act, 42 U.S.C. Sections 3001 et seq.
24 (2) State plans and programs administered by the department shall be developed in the
25 appropriate divisions and offices of the department, in accordance with the policy of the
26 appropriate boards, and are subject to approval or change by the executive director to achieve
27 coordination, efficiency, or economy.
28 Section 296. Section 62A-4a-709 (Effective 07/01/97) is amended to read:
29 62A-4a-709 (Effective 07/01/97). Medical assistance identification.
30 (1) As used in this section:
31 (a) "Adoption assistance" means financial support to adoptive parents provided under the
1 Adoption Assistance and Child Welfare Act of 1980, Titles IV (e) and XIX of the Social Security
2 Act.
3 (b) "Adoption assistance agreement" means a written agreement between the division and
4 adoptive parents or between any state and adoptive parents, providing for adoption assistance.
5 (c) "Interstate compact" means an agreement executed by the division with any other state,
6 under the authority granted in Section 62A-4a-108.
7 (2) The Division of Employment Development in the Department of Workforce Services[
8 and the Division of Health Care Financing shall cooperate with the division and comply with
9 interstate compacts.
10 (3) A child who is a resident of this state and is the subject of an interstate compact is
11 entitled to receive medical assistance identification from the Division of Employment
12 Development in the Department of Workforce Services[
13 Financing by filing a certified copy of his adoption assistance agreement with that office. The
14 adoptive parents shall annually provide that office with evidence, verifying that the adoption
15 assistance agreement is still effective.
16 (4) The Division of Employment Development in the Department of Workforce Services
17 shall consider the holder of medical assistance identification received under this section as it does
18 any other holder of medical assistance identification received under an adoption assistance
19 agreement executed by the division.
20 (5) The submission of any claim for payment or reimbursement under this section that is
21 known to be false, misleading, or fraudulent is punishable as a third degree felony.
22 Section 297. Section 63-5b-102 (Effective 07/01/97) is amended to read:
23 63-5b-102 (Effective 07/01/97). Definitions.
24 (1) (a) "Absent" means:
25 (i) not physically present or not able to be communicated with for 48 hours; or
26 (ii) for local government officers, as defined by local ordinances.
27 (b) "Absent" does not include a person who can be communicated with via telephone,
28 radio, or telecommunications.
29 (2) "Attack" means a nuclear, conventional, biological, or chemical warfare action against
30 the United States of America or this state.
31 (3) "Department" means the Department of Administrative Services, the Department of
1 Agriculture, the Alcoholic Beverage Control Commission, the Department of Commerce, the
2 Department of Community and Economic Development, the Department of Corrections, the
3 Department of Environmental Quality, the Department of Financial Institutions, the Department
4 of Health, the Department of Human Resource Management, the Department of Workforce
5 Services, the Labor Commission, the National Guard, the Department of Insurance, the
6 Department of Natural Resources, the Department of Public Safety, the Public Service
7 Commission, the Department of Human Services, the State Tax Commission, the Department of
8 Transportation, any other major administrative subdivisions of state government, the State Board
9 of Education, the State Board of Regents, the Utah Housing Finance Agency, the Utah Technology
10 Finance Corporation, the Workers' Compensation Fund of Utah, the State Retirement Board, and
11 each institution of higher education within the system of higher education.
12 (4) "Disaster" means a situation causing, or threatening to cause, widespread damage,
13 social disruption, or injury or loss of life or property resulting from attack, internal disturbance,
14 natural phenomenon, or technological hazard.
15 (5) "Division" means the Comprehensive Emergency Management Division established
16 in Title 53, Chapter 2, Comprehensive Emergency Management Act.
17 (6) "Emergency interim successor" means a person designated by this chapter to exercise
18 the powers and discharge the duties of an office when the person legally exercising the powers and
19 duties of the office is unavailable.
20 (7) "Executive director" means the person with ultimate responsibility for managing and
21 overseeing the operations of each department, however denominated.
22 (8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.
23 (9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide,
24 avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
25 (10) (a) "Office" includes all state and local offices, the powers and duties of which are
26 defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
27 (b) "Office" does not include the office of governor or the legislative or judicial offices.
28 (11) "Place of governance" means the physical location where the powers of an office are
29 being exercised.
30 (12) "Political subdivision" includes counties, cities, towns, townships, districts,
31 authorities, and other public corporations and entities whether organized and existing under charter
1 or general law.
2 (13) "Political subdivision officer" means a person holding an office in a political
3 subdivision.
4 (14) "State officer" means the attorney general, the state treasurer, the state auditor, and
5 the executive director of each department.
6 (15) "Technological hazard" means any hazardous materials accident, mine accident, train
7 derailment, air crash, radiation incident, pollution, structural fire, or explosion.
8 (16) "Unavailable" means:
9 (a) absent from the place of governance during a disaster that seriously disrupts normal
10 governmental operations, whether or not that absence or inability would give rise to a vacancy
11 under existing constitutional or statutory provisions; or
12 (b) as otherwise defined by local ordinance.
13 Section 298. Section 63-28-2 (Effective 07/01/97) is amended to read:
14 63-28-2 (Effective 07/01/97). Duty to counsel with representatives of other agencies.
15 The state planning coordinator shall counsel with the authorized representatives of the
16 Department of Transportation, the State Building Board, the Department of Health, the Department
17 of Workforce Services, the Labor Commission, the Department of Natural Resources, the School
18 and Institutional Trust Lands Administration, and other proper persons concerning all state
19 planning matters.
20 Section 299. Section 63-38b-101 (Effective 07/01/97) is amended to read:
21 63-38b-101 (Effective 07/01/97). Definitions.
22 As used in this chapter:
23 (1) (a) "Agency" means each department, commission, board, council, agency, institution,
24 officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
25 panel, or other administrative unit of the state.
26 (b) "Agency" includes the legislative branch, the judicial branch, the attorney general's
27 office, the State Office of Education, the Board of Regents, the institutional councils of each higher
28 education institution, and each higher education institution.
29 (2) "Government entities" means the state and its political subdivisions.
30 (3) (a) "Settlement agreement" means a stipulation, consent decree, settlement agreement,
31 and any other legally binding document or representation that resolves a dispute between the state
1 and another party.
2 (b) "Settlement agreement" does not mean:
3 (i) the internal process established by the Department of Transportation to resolve
4 construction contract claims;
5 (ii) adjudicative orders issued by the State Tax Commission, Public Service Commission,
6 Labor Commission, or the Department of Workforce Services; or
7 (iii) the settlement of disputes arising from audits, defaults, or breaches of permits,
8 contracts of sale, easements, or leases by the School and Institutional Trust Lands Administration.
9 Section 300. Section 63-46a-9 is amended to read:
10 63-46a-9. Agency review of rules -- Schedule of filings.
11 (1) Each agency shall review each of its rules within five years of the rule's original
12 effective date or within five years of the filing of the last five-year review, whichever is later.
13 Rules effective prior to 1992 need not be reviewed until 1997.
14 (2) An agency may consider any substantial review of a rule to be a five-year review. If
15 the agency chooses to consider a review a five-year review, it shall follow the procedures outlined
16 in Subsection (3).
17 (3) At the conclusion of its review, the agency shall file a notice of review on or before
18 the anniversary date indicating its intent to continue, amend, or repeal the rule.
19 (a) If the agency continues the rule, it shall file a statement which includes:
20 (i) a concise explanation of the particular statutory provisions under which the rule is
21 enacted and how these provisions authorize or require the rule;
22 (ii) a summary of written comments received after enactment of the rule from interested
23 persons supporting or opposing the rule; and
24 (iii) a reasoned justification for continuation of the rule, including reasons why the agency
25 disagrees with comments in opposition to the rule, if any.
26 (b) If the agency repeals the rule, it shall comply with Section 63-46a-4.
27 (c) If the agency amends and continues the rule, it shall comply with the requirements of
28 Section 63-46a-4 and file the statement required in Subsection (a).
29 (4) (a) The division shall publish the notice and statement in the bulletin.
30 (b) The division may schedule the publication of agency notices and statements, provided
31 that no notice and statement shall be published more than one year after the review deadline
1 established under Subsection (1).
2 (5) The division shall notify an agency of rules due for review at least 180 days prior to
3 the anniversary date.
4 (6) If an agency finds that it will not meet the deadline established in Subsection (1):
5 (a) the agency may file an extension prior to the anniversary date with the division
6 indicating the reason for the extension; and
7 (b) the division shall publish the extension in the next issue of the bulletin.
8 (7) An extension permits the agency to file a notice no more than 120 days after the
9 anniversary date.
10 (8) If an agency fails to file a notice of review or extension before the date specified in the
11 notice mandated in Subsection (4), the division shall:
12 (a) publish a notice in the next issue of the bulletin that the rule has expired and is no
13 longer enforceable;
14 (b) remove the rule from the code; and
15 (c) notify the agency that the rule has expired.
16 (9) After a rule expires, an agency must comply with the requirements of Section 63-46a-4
17 to reenact the rule.
18 (10) (a) Rules issued under the following provisions related to the Department of
19 Workforce Services or Labor Commission that are in effect on July 1, 1997, are not subject to the
20 requirements of this section until July 1, 1998:
21 (i) Title 34, Labor in General;
22 (ii) Title 34A, Utah Labor Code;
23 (iii) Title 35, Labor - Industrial Commission;
24 (iv) Title 35A, Workforce Services Code;
25 (v) Title 40, Chapter 2, Mines; and
26 (vi) Title 57, Chapter 21, Utah Fair Housing Act.
27 (b) Any rule described in Subsection (10)(a) that would have expired on or after July 1,
28 1997 but before July 1, 1998, expires July 1, 1998, unless for that rule the Department of
29 Workforce Services or Labor Commission files:
30 (i) the notice of review, described in Subsection (3); or
31 (ii) an extension described in Subsection (6).
1 Section 301. Section 63-46b-1 (Effective 07/01/97) is amended to read:
2 63-46b-1 (Effective 07/01/97). Scope and applicability of chapter.
3 (1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
4 superseding provisions of this chapter by explicit reference to this chapter, the provisions of this
5 chapter apply to every agency of the state and govern:
6 (a) all state agency actions that determine the legal rights, duties, privileges, immunities,
7 or other legal interests of one or more identifiable persons, including all agency actions to grant,
8 deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
9 (b) judicial review of these actions.
10 (2) This chapter does not govern:
11 (a) the procedures for making agency rules, or the judicial review of those procedures or
12 rules;
13 (b) the issuance of any notice of a deficiency in the payment of a tax, the decision to waive
14 penalties or interest on taxes, the imposition of and penalties or interest on taxes, or the issuance
15 of any tax assessment, except that this chapter governs any agency action commenced by a
16 taxpayer or by another person authorized by law to contest the validity or correctness of those
17 actions;
18 (c) state agency actions relating to extradition, to the granting of pardons or parole,
19 commutations or terminations of sentences, or to the rescission, termination, or revocation of
20 parole or probation, to actions and decisions of the Psychiatric Security Review Board relating to
21 discharge, conditional release, or retention of persons under its jurisdiction, to the discipline of,
22 resolution of grievances of, supervision of, confinement of, or the treatment of inmates or residents
23 of any correctional facility, the Utah State Hospital, the Utah State Developmental Center, or
24 persons in the custody or jurisdiction of the Division of Mental Health, or persons on probation
25 or parole, or judicial review of those actions;
26 (d) state agency actions to evaluate, discipline, employ, transfer, reassign, or promote
27 students or teachers in any school or educational institution, or judicial review of those actions;
28 (e) applications for employment and internal personnel actions within an agency
29 concerning its own employees, or judicial review of those actions;
30 (f) the issuance of any citation or assessment under Title [
31 Occupational Safety and Health Act, and Title 58, Chapter 55, Utah Construction Trades Licensing
1 Act, except that this chapter governs any agency action commenced by the employer, licensee, or
2 other person authorized by law to contest the validity or correctness of the citation or assessment;
3 (g) state agency actions relating to management of state funds, the management and
4 disposal of school and institutional trust land assets, and contracts for the purchase or sale of
5 products, real property, supplies, goods, or services by or for the state, or by or for an agency of
6 the state, except as provided in those contracts, or judicial review of those actions;
7 (h) state agency actions under Title 7, Chapter 1, Article 3, Powers and Duties of
8 Commissioner of Financial Institutions; and Title 7, Chapter 2, Possession of Depository
9 Institution by Commissioner; Title 7, Chapter 19, Acquisition of Failing Depository Institutions
10 or Holding Companies; and Title 63, Chapter 30, Utah Governmental Immunity Act, or judicial
11 review of those actions;
12 (i) the initial determination of any person's eligibility for unemployment benefits, the
13 initial determination of any person's eligibility for benefits under Title [
14 Workers' Compensation, and Title [
15 the initial determination of a person's unemployment tax liability;
16 (j) state agency actions relating to the distribution or award of monetary grants to or
17 between governmental units, or for research, development, or the arts, or judicial review of those
18 actions;
19 (k) the issuance of any notice of violation or order under Title 26, Chapter 8, Utah
20 Emergency Medical Services System Act; Title 19, Chapter 2, Air Conservation Act; Title 19,
21 Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act; Title 19, Chapter
22 5, Water Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19,
23 Chapter 6, Part 4, Underground Storage Tank Act; or Title 19, Chapter 6, Part 7, Used Oil
24 Management Act, except that this chapter governs any agency action commenced by any person
25 authorized by law to contest the validity or correctness of the notice or order;
26 (l) state agency actions, to the extent required by federal statute or regulation to be
27 conducted according to federal procedures;
28 (m) the initial determination of any person's eligibility for government or public assistance
29 benefits;
30 (n) state agency actions relating to wildlife licenses, permits, tags, and certificates of
31 registration;
1 (o) licenses for use of state recreational facilities; and
2 (p) state agency actions under Title 63, Chapter 2, Government Records Access and
3 Management Act, except as provided in Section 63-2-603.
4 (3) This chapter does not affect any legal remedies otherwise available to:
5 (a) compel an agency to take action; or
6 (b) challenge an agency's rule.
7 (4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
8 proceeding, or the presiding officer during an adjudicative proceeding from:
9 (a) requesting or ordering conferences with parties and interested persons to:
10 (i) encourage settlement;
11 (ii) clarify the issues;
12 (iii) simplify the evidence;
13 (iv) facilitate discovery; or
14 (v) expedite the proceedings; or
15 (b) granting a timely motion to dismiss or for summary judgment if the requirements of
16 Rule 12(b) or Rule 56, respectively, of the Utah Rules of Civil Procedure are met by the moving
17 party, except to the extent that the requirements of those rules are modified by this chapter.
18 (5) (a) Declaratory proceedings authorized by Section 63-46b-21 are not governed by this
19 chapter, except as explicitly provided in that section.
20 (b) Judicial review of declaratory proceedings authorized by Section 63-46b-21 are
21 governed by this chapter.
22 (6) This chapter does not preclude an agency from enacting rules affecting or governing
23 adjudicative proceedings or from following any of those rules, if the rules are enacted according
24 to the procedures outlined in Title 63, Chapter 46a, Utah Administrative Rulemaking Act, and if
25 the rules conform to the requirements of this chapter.
26 (7) (a) If the attorney general issues a written determination that any provision of this
27 chapter would result in the denial of funds or services to an agency of the state from the federal
28 government, the applicability of those provisions to that agency shall be suspended to the extent
29 necessary to prevent the denial.
30 (b) The attorney general shall report the suspension to the Legislature at its next session.
31 (8) Nothing in this chapter may be interpreted to provide an independent basis for
1 jurisdiction to review final agency action.
2 (9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good cause
3 shown, from lengthening or shortening any time period prescribed in this chapter, except those
4 time periods established for judicial review.
5 Section 302. Section 63-55-234 is enacted to read:
6 63-55-234. Repeal dates, Title 34 and 34A.
7 Title 34A, Chapter 8, Utah Injured Worker Reemployment Act, is repealed July 1, 1999.
8 Section 303. Section 63-55-235 (Effective 07/01/97) is amended to read:
9 63-55-235 (Effective 07/01/97). Repeal dates, Title 35 and Title 35A.
10 (1) Title 35A, Utah Workforce Services Code, is repealed July 1, 2005.
11 [
12
13 (2) Section 35A-3-1102, the Displaced Homemaker Program, together with the provision
14 for funding that program contained in Subsection 17-5-214(3)(b), is repealed July 1, 2007.
15 Section 304. Section 63-55-253 is amended to read:
16 63-55-253. Repeal dates, Titles 53A, 53B.
17 (1) The following provisions of Title 53A are repealed on the following dates:
18 (a) The State Textbook Commission, created in Section 53A-14-101, is repealed July 1,
19 2001.
20 [
21
22 [
23 1997.
24 [
25 Impaired, appointed in Section 53A-24-305, is repealed July 1, 2006.
26 [
27 53A-25-301, is repealed July 1, 2005.
28 (2) The following provisions of Title 53B are repealed on the following dates:
29 (a) The State Board of Regents, created in Section 53B-1-103, is repealed July 1, 2001.
30 (b) The following Boards of Trustees, created in Section 53B-2-103, are repealed on the
31 following dates:
1 (i) University of Utah is repealed July 1, 2002.
2 (ii) Utah State University is repealed July 1, 2003.
3 (iii) Weber State University is repealed July 1, 2004.
4 (iv) Southern Utah University is repealed July 1, 1999.
5 (v) Snow College is repealed July 1, 1997.
6 (vi) Dixie College is repealed July 1, 2000.
7 (vii) College of Eastern Utah is repealed July 1, 1998.
8 (viii) Utah Valley State College is repealed July 1, 2006.
9 (ix) Salt Lake Community College is repealed July 1, 2005.
10 Section 305. Section 63-91-201 is amended to read:
11 63-91-201. Internal auditing programs -- State agencies.
12 (1) (a) The Departments of Administrative Services, Agriculture, Commerce, Community
13 and Economic Development, Corrections, [
14 Environmental Quality, Health, Human Services, Natural Resources, Public Safety, and
15 Transportation; and the State Tax Commission shall conduct various types of auditing procedures
16 as determined by the agency head or governor.
17 (b) The governor may, by executive order, require other state agencies to establish an
18 internal audit program.
19 (c) An agency head may establish an internal audit program for his agency if the agency
20 administers programs that:
21 (i) might pose a high liability risk to the state; or
22 (ii) are essential to the health, safety, and welfare of the citizens of Utah.
23 (2) (a) The Office of the Court Administrator shall conduct various types of auditing
24 procedures as determined by the Judicial Council.
25 (b) The Judicial Council may, by rule, require other judicial agencies to establish an
26 internal audit program.
27 (c) An agency head within the judicial branch may establish an internal audit program for
28 his agency if the agency administers programs that:
29 (i) might pose a high liability risk to the state; or
30 (ii) are essential to the health, safety, and welfare of the citizens of Utah.
31 (3) (a) The University of Utah, Utah State University, Salt Lake Community College, Utah
1 Valley State College, and Weber State University shall conduct various types of auditing
2 procedures as determined by the Board of Regents.
3 (b) The Board of Regents may issue policies requiring other higher education entities or
4 programs to establish an internal audit program.
5 (c) An agency head within higher education may establish an internal audit program for
6 his agency if the agency administers programs that:
7 (i) might pose a high liability risk to the state; or
8 (ii) are essential to the health, safety, and welfare of the citizens of Utah.
9 (4) The State Office of Education shall conduct various types of auditing procedures as
10 determined by the State Board of Education.
11 Section 306. Section 63A-2-301 (Effective 07/01/97) is amended to read:
12 63A-2-301 (Effective 07/01/97). State surplus property program -- Administration.
13 (1) As used in this section:
14 (a) "Agency" means:
15 (i) the Utah Departments of Administrative Services, Agriculture, Alcoholic Beverage
16 Control, Commerce, Community and Economic Development, Corrections, Workforce Services,
17 Health, Human Resource Management, Human Services, Insurance, Natural Resources, Public
18 Safety, and Transportation;
19 (ii) the Utah Offices of the Auditor, Attorney General, Court Administrator, Crime Victim
20 Reparations, Rehabilitation, and Treasurer;
21 (iii) the Public Service Commission, Labor Commission, and State Tax Commission;
22 (iv) the State Boards of Education, Pardons and Parole, and Regents;
23 (v) the Career Service Review Board and the Citizens' Council on Alcoholic Beverage
24 Control; [
25 (vi) other state agencies designated by the governor;
26 (vii) the legislative branch, the judicial branch, and the State Board of Regents; and
27 (viii) an institution of higher education, its president, and its board of trustees for purposes
28 of Section 63A-2-301.5.
29 (b) "Division" means the Division of General Services.
30 (c) "Information technology equipment" means any equipment that is designed to
31 electronically manipulate, store, or transfer any form of data.
1 (d) "Inventory property" means property in the possession of the division that is available
2 for purchase by an agency or the public.
3 (e) "Judicial district" means the geographic districts established by Section 78-1-2.1.
4 (f) (i) "Surplus property" means property purchased by, seized by, or donated to, an agency
5 that the agency wishes to dispose of.
6 (ii) "Surplus property" does not mean real property.
7 (g) "Transfer" means transfer of surplus property without cash consideration.
8 (2) (a) The division shall make rules establishing a state surplus property program that
9 meets the requirements of this chapter by following the procedures and requirements of Title 63,
10 Chapter 46a, Utah Administrative Rulemaking Act.
11 (b) Those rules shall include:
12 (i) a requirement prohibiting the transfer of surplus property from one agency to another
13 agency without written approval from the division;
14 (ii) procedures and requirements governing division administration requirements that an
15 agency must follow;
16 (iii) requirements governing purchase priorities;
17 (iv) requirements governing accounting, reimbursement, and payment procedures;
18 (v) procedures for collecting bad debts;
19 (vi) requirements and procedures for disposing of firearms;
20 (vii) the elements of the rates or other charges assessed by the division for services and
21 handling;
22 (viii) procedures governing the timing and location of public sales of inventory property;
23 and
24 (ix) procedures governing the transfer of information technology equipment by state
25 agencies directly to public schools.
26 (c) The division shall report all transfers of information technology equipment by state
27 agencies to public schools to the state's Information Technology Commission and to the
28 Legislative Interim Education Committee at the end of each fiscal year.
29 (3) In creating and administering the program, the division shall:
30 (a) when conditions, inventory, and demand permit:
31 (i) establish facilities to store inventory property at geographically dispersed locations
1 throughout the state; and
2 (ii) hold public sales of property at geographically dispersed locations throughout the state;
3 (b) establish, after consultation with the agency requesting the sale of surplus property, the
4 price at which the surplus property shall be sold; and
5 (c) transfer proceeds arising from the sale of state surplus property to the agency
6 requesting the sale in accordance with the Budgetary Procedures Act, less an amount established
7 by the division by rule to pay the costs of administering the surplus property program.
8 (4) Unless specifically exempted from this chapter by explicit reference to this chapter,
9 each state agency shall dispose of and acquire surplus property only by participating in the
10 division's program.
11 Section 307. Section 64-13-16 (Effective 07/01/97) is amended to read:
12 64-13-16 (Effective 07/01/97). Inmate employment.
13 (1) Unless incapable of employment because of sickness or other infirmity or for security
14 reasons, the department may employ inmates to the degree that funding and available resources
15 allow. An offender may not be employed on work which benefits any employee or officer of the
16 department.
17 (2) An offender employed under this section is not considered an employee, worker,
18 workman, or operative for purposes of Title [
19 Act, except as required by federal statute or regulation.
20 Section 308. Section 64-13-19 (Effective 07/01/97) is amended to read:
21 64-13-19 (Effective 07/01/97). Labor at correctional facilities.
22 (1) The department shall determine the types of labor to be pursued, and what kind,
23 quality, and quantity of goods, materials, and supplies shall be produced, manufactured, or repaired
24 at correctional facilities. Contracts may be made for the labor of offenders, including contracts
25 with any federal agency for a project affecting national defense. As many offenders as practicable
26 may be employed to produce, manufacture, or repair any goods, materials, or supplies for sale to
27 the state or its political subdivisions. Prices for all goods, materials, and supplies shall be fixed
28 by the department.
29 (2) An offender performing labor under this section is not considered an employee,
30 worker, workman, or operative for purposes of Title [
31 Compensation Act, except as required by federal statute or regulation.
1 Section 309. Section 67-1-12 (Effective 07/01/97) is amended to read:
2 67-1-12 (Effective 07/01/97). Displaced defense workers.
3 (1) The governor, through the Department of Workforce Services, may use funds
4 specifically appropriated by the Legislature to benefit, in a manner prescribed by Subsection (2):
5 (a) Department of Defense employees within the state who lose their employment because
6 of reductions in defense spending by the federal government;
7 (b) persons dismissed by a defense-related industry employer because of reductions in
8 federal government defense contracts received by the employer; and
9 (c) defense-related businesses in the state that have been severely and adversely impacted
10 because of reductions in defense spending.
11 (2) For funds previously appropriated but not expended as of the fiscal year 1995-96 and
12 for all subsequent appropriations, at least 40% of any amount appropriated under this section shall
13 be administered through the Division of Employment Development and shall be used to fund
14 actual job training services [
15 section. Sixty percent of any amount appropriated under this section may be used to:
16 (a) provide matching or enhancement funds for grants, loans, or other assistance received
17 by the state from the United States Department of Labor, Department of Defense, or other federal
18 agency to assist in retraining, community assistance, or technology transfer activities;
19 (b) fund or match available private or public funds from the state or local level to be used
20 for retraining, community assistance, technology transfer, or educational projects coordinated by
21 [
22 (c) provide for retraining, upgraded services, and programs at applied technology centers,
23 public schools, higher education institutions, or any other appropriate public or private entity that
24 are designed to teach specific job skills requested by a private employer in the state or required for
25 occupations that are in demand in the state;
26 (d) aid public or private entities that provide assistance in locating new employment;
27 (e) inform the public of assistance programs available for persons who have lost their
28 employment;
29 (f) increase funding for assistance and retraining programs;
30 (g) provide assistance for small start-up companies owned or operated by persons who
31 have lost their employment;
1 (h) enhance the implementation of dual-use technologies programs, community adjustment
2 assistance programs, or other relevant programs under Pub. L. No. 102-484; and
3 (i) coordinate local and national resources to protect and enhance current Utah defense
4 installations and related operations and to facilitate conversion or enhancement efforts by:
5 (i) creating and operating state information clearinghouse operations that monitor relevant
6 activities on the federal, state, and local level;
7 (ii) identifying, seeking, and matching funds from federal and other public agencies and
8 private donors;
9 (iii) identifying and coordinating needs in different geographic areas;
10 (iv) coordinating training and retraining centers;
11 (v) coordinating technology transfer efforts between public entities, private entities, and
12 institutions of higher education;
13 (vi) facilitating the development of local and national awareness and support for Utah
14 defense installations;
15 (vii) studying the creation of strategic alliances, tax incentives, and relocation and
16 consolidation assistance; and
17 (viii) exploring feasible alternative uses for the physical and human resources at defense
18 installations and in related industries should reductions in mission occur.
19 (3) The governor, through the Department of Workforce Services, may coordinate and
20 administer the expenditure of monies under this section [
21
22 with applied technology centers, public institutions of higher learning, or other appropriate public
23 or private entities to provide retraining and other services described in Subsection (2).
24 Section 310. Section 67-19-4 (Effective 07/01/97) is amended to read:
25 67-19-4 (Effective 07/01/97). Discriminatory or unfair employment practices.
26 The state, its officers, and employees shall be governed by the provisions of Section
27 [
28 employment practices.
29 Section 311. Section 67-19-6.3 (Effective 07/01/97) is amended to read:
30 67-19-6.3 (Effective 07/01/97). Affirmative action plan.
31 (1) In conjunction with the director's duties under Section 67-19-6, and notwithstanding
1 the general prohibition in Subsection [
2 affirmative action plan for state employment consistent with the guidelines provided in Title VII
3 of the Civil Rights Act, 42 U.S.C. 2000e et seq., as amended, and in related federal regulations.
4 (2) The affirmative action plan required by this section applies only to state career service
5 employees described in Section 67-19-15.
6 (3) The affirmative action plan required by this section shall be reviewed by the
7 Legislature before implementation.
8 (4) Nothing contained in this section shall require the establishment of hiring quotas or
9 preferential treatment of any identifiable group.
10 Section 312. Section 67-19-6.7 (Effective 07/01/97) is amended to read:
11 67-19-6.7 (Effective 07/01/97). Overtime policies for state employees.
12 (1) As used in this section:
13 (a) "Accrued overtime hours" means:
14 (i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
15 of the fiscal year, have not been paid and have not been taken as time off by the nonexempt state
16 employee who accrued them; and
17 (ii) for exempt employees, overtime hours earned during an overtime year.
18 (b) "Agreement" means the agreement authorized by the FLSA by which a nonexempt
19 employee elects the form of compensation he will receive for overtime.
20 (c) "Appointed official" means:
21 (i) each department executive director and deputy director, each division director, and each
22 member of a board or commission; and
23 (ii) any other person employed by a department who is appointed by, or whose
24 appointment is required by law to be approved by, the governor and who:
25 (A) is paid a salary by the state of Utah; and
26 (B) who exercises managerial, policy-making, or advisory responsibility.
27 (d) "Department" means the Department of Administrative Services, the Department of
28 Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage
29 Control, the Insurance Department, the Public Service Commission, the Labor Commission, the
30 Department of Agriculture, the Department of Human Services, the State Board of Education, the
31 Department of Natural Resources, the Department of Transportation, the Department of
1 Commerce, the Department of Workforce Services, the State Tax Commission, the Department
2 of Community and Economic Development, the Department of Health, the National Guard, the
3 Department of Environmental Quality, the Department of Public Safety, the Department of Human
4 Resource Management, the Commission on Criminal and Juvenile Justice, all merit employees
5 except attorneys in the Office of the Attorney General, merit employees in the Office of the State
6 Treasurer, and merit employees in the Office of the State Auditor.
7 (e) "Elected official" means any person who is an employee of the state of Utah because
8 he was elected by the registered voters of Utah to a position in state government.
9 (f) "Exempt employee" means a state employee who is exempt as defined by the FLSA.
10 (g) "FLSA" means the Fair Labor Standards Act, 29 U.S.C. Section 201 et seq. (1978).
11 (h) "Human Resource Management" means the Department of Human Resource
12 Management.
13 (i) "Nonexempt employee" means a state employee who is nonexempt as defined by
14 Human Resource Management applying FLSA requirements.
15 (j) "Overtime" means actual time worked in excess of the employee's defined work period.
16 (k) "Overtime year" means the year determined by a department under Subsection (4)(b)
17 at the end of which an exempt employee's accrued overtime lapses.
18 (l) (i) "State employee" means every person employed by a department who is not an
19 appointed official or an elected official.
20 (ii) "State employee" does not mean:
21 (A) certificated employees of the State Board of Education; and
22 (B) employees of the Department of Community and Economic Development whose
23 positions are designated as schedule AM exempt employees under Section 67-19-15.
24 (m) "Uniform annual date" means the date when an exempt employee's accrued overtime
25 lapses.
26 (n) "Work period" means:
27 (i) for all nonexempt employees, except law enforcement and hospital employees, a
28 consecutive seven day 24 hour work period of 40 hours;
29 (ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
30 (iii) for nonexempt law enforcement and hospital employees, the period established by
31 each department by rule for those employees according to the requirements of the FLSA.
1 (2) Each department shall compensate each state employee who works overtime by
2 complying with the requirements of this section.
3 (3) (a) Each department shall negotiate and obtain a signed agreement from each
4 nonexempt employee.
5 (b) In the agreement, the nonexempt employee shall elect either to be compensated for
6 overtime by:
7 (i) taking time off work at the rate of one and one-half hour off for each overtime hour
8 worked; or
9 (ii) being paid for the overtime worked at the rate of one and one-half times the rate per
10 hour that the state employee receives for nonovertime work.
11 (c) Any nonexempt employee who elects to take time off under this subsection shall be
12 paid for any overtime worked in excess of the cap established by Human Resource Management.
13 (d) Before working any overtime, each nonexempt employee shall obtain authorization
14 to work overtime from the employee's immediate supervisor.
15 (e) Each department shall:
16 (i) for employees who elect to be compensated with time off for overtime, allow overtime
17 earned during a fiscal year to be accumulated; and
18 (ii) for employees who elect to be paid for overtime worked, pay them for overtime
19 worked in the paycheck for the pay period in which the employee worked the overtime.
20 (f) If the department pays a nonexempt employee for overtime, the department shall charge
21 that payment to the department's budget.
22 (g) At the end of each fiscal year, the Division of Finance shall total all the accrued
23 overtime hours for nonexempt employees and charge that total against the appropriate fund or
24 subfund.
25 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall compensate
26 exempt employees who work overtime by granting them time off at the rate of one hour off for
27 each hour of overtime worked.
28 (ii) The director of Human Resource Management may grant limited exceptions to this
29 requirement, where work circumstances dictate, by authorizing a department to pay employees for
30 overtime worked at the rate per hour that the employee receives for nonovertime work, if the
31 department has funds available.
1 (b) (i) Each department shall:
2 (A) establish in its written personnel policies a uniform annual date for each division that
3 is at the end of any pay period; and
4 (B) communicate the uniform annual date to its employees.
5 (ii) If any department fails to establish a uniform annual date as required by this
6 subsection, the director of Human Resource Management, in conjunction with the director of the
7 Division of Finance, shall establish the date for that department.
8 (c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a benefit,
9 and is not a vested right.
10 (ii) A court may not construe the overtime for exempt employees authorized by this
11 Subsection (4) as an entitlement, a benefit, or as a vested right.
12 (d) At the end of the overtime year, upon transfer to another department at any time, and
13 upon termination, retirement, or other situations where the employee will not return to work before
14 the end of the overtime year:
15 (i) any of an exempt employee's overtime that is more than the maximum established by
16 Human Resource Management rule lapses; and
17 (ii) unless authorized by the director of Human Resource Management under Subsection
18 (4)(a)(ii), a department may not compensate the exempt employee for that lapsed overtime by
19 paying the employee for the overtime or by granting the employee time off for the lapsed overtime.
20 (e) Before working any overtime, each exempt employee shall obtain authorization to
21 work overtime from their immediate supervisor.
22 (f) If the department pays an exempt employee for overtime under authorization from the
23 director of the Department of Human Resource Management, the department shall charge that
24 payment to the department's budget in the pay period earned.
25 (5) Human Resource Management shall:
26 (a) ensure that the provisions of the FLSA and this section are implemented throughout
27 state government;
28 (b) determine, for each state employee, whether that employee is exempt, nonexempt, law
29 enforcement, or has some other status under the FLSA;
30 (c) in coordination with modifications to the systems operated by the Division of Finance,
31 make rules:
1 (i) establishing procedures for recording overtime worked that comply with FLSA
2 requirements;
3 (ii) establishing requirements governing overtime worked while traveling and procedures
4 for recording that overtime that comply with FLSA requirements;
5 (iii) establishing requirements governing overtime worked if the employee is "on call" and
6 procedures for recording that overtime that comply with FLSA requirements;
7 (iv) establishing requirements governing overtime worked while an employee is being
8 trained and procedures for recording that overtime that comply with FLSA requirements;
9 (v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
10 employee may accrue before a department is required to pay the employee for the overtime
11 worked;
12 (vi) subject to the FLSA, establishing the maximum number of overtime hours for an
13 exempt employee that do not lapse; and
14 (vii) establishing procedures for adjudicating appeals of any FLSA determinations made
15 by Human Resource Management as required by this section;
16 (d) monitor departments for compliance with the FLSA; and
17 (e) recommend to the Legislature and the governor any statutory changes necessary
18 because of federal government action.
19 (6) In coordination with the procedures for recording overtime worked established in rule
20 by Human Resource Management, the Division of Finance shall modify its payroll and personnel
21 systems to accommodate those procedures.
22 (a) Notwithstanding the procedures and requirements of Title 63, Chapter 46b,
23 Administrative Procedures Act, Section 67-19-31, and Section 67-19a-301, any employee who is
24 aggrieved by the FLSA designation made by Human Resource Management as required by this
25 section may appeal that determination to the executive director of Human Resource Management
26 by following the procedures and requirements established in Human Resource Management rule.
27 (b) Upon receipt of an appeal under this section, the director shall notify the executive
28 director of the employee's department that the appeal has been filed.
29 (c) If the employee is aggrieved by the decision of the executive director of Human
30 Resource Management, he shall appeal that determination to the Department of Labor, Wage and
31 Hour Division, according to the procedures and requirements of federal law.
1 Section 313. Section 67-19-32 (Effective 07/01/97) is amended to read:
2 67-19-32 (Effective 07/01/97). Discriminatory/prohibited employment practices
3 grievances -- Procedures.
4 (1) An applicant for a position in state government, a probationary employee, career
5 service employee, or an exempt employee who alleges a discriminatory or prohibited employment
6 practice as defined in Section [
7 department head where the alleged unlawful act occurred.
8 (2) Within ten working days after a written grievance is submitted under Subsection (1),
9 the department head shall issue a written response to the grievance stating his decision and the
10 reasons for the decision.
11 (3) If the department head does not issue a decision within ten days, or if the grievant is
12 dissatisfied with the decision, the grievant may submit a complaint to the Division of
13 Antidiscrimination and Labor, [
14 34A-5-107.
15 Section 314. Section 67-19c-101 (Effective 07/01/97) is amended to read:
16 67-19c-101 (Effective 07/01/97). Department award program.
17 (1) As used in this section:
18 (a) "Department" means the Department of Administrative Services, the Department of
19 Agriculture, the Department of Alcoholic Beverage Control, the Department of Commerce, the
20 Department of Community and Economic Development, the Department of Corrections, the
21 Department of Workforce Services, the Department of Environmental Quality, the Department of
22 Financial Institutions, the Department of Health, the Department of Human Resource
23 Management, the Department of Human Services, the Insurance Department, the National Guard,
24 the Department of Natural Resources, the Department of Public Safety, the Public Service
25 Commission, the Labor Commission, the State Board of Education, the State Board of Regents,
26 the State Tax Commission, and the Department of Transportation.
27 (b) "Department head" means the individual or body of individuals in whom the ultimate
28 legal authority of the department is vested by law.
29 (2) There is created a department awards program to award an outstanding employee in
30 each department of state government.
31 (3) (a) By April 1 of each year, each department head shall solicit nominations for
1 outstanding employee of the year for his department from the employees in his department.
2 (b) By July 1 of each year, the department head shall:
3 (i) select a person from the department to receive the outstanding employee of the year
4 award using the criteria established in Subsection (c); and
5 (ii) announce the recipient of the award to his employees.
6 (c) Department heads shall make the award to a person who demonstrates:
7 (i) extraordinary competence in performing his function;
8 (ii) creativity in identifying problems and devising workable, cost-effective solutions to
9 them;
10 (iii) excellent relationships with the public and other employees;
11 (iv) a commitment to serving the public as the client; and
12 (v) a commitment to economy and efficiency in government.
13 (4) (a) The Department of Human Resource Management shall divide any appropriation
14 for outstanding department employee awards that it receives from the Legislature equally among
15 the departments.
16 (b) If the department receives monies from the Department of Human Resource
17 Management or if the department budget allows, the department head shall provide the employee
18 with a bonus, a plaque, or some other suitable acknowledgement of the award.
19 (5) (a) The department head may name the award after an exemplary present or former
20 employee of the department.
21 (b) A department head may not name the award for himself or for any relative as defined
22 in Section 52-3-1.
23 (c) Any awards or award programs existing in any department as of May 3, 1993, shall be
24 modified to conform to the requirements of this section.
25 Section 315. Section 67-22-2 (Effective 07/01/97) is amended to read:
26 67-22-2 (Effective 07/01/97). Compensation -- Other state officers.
27 (1) The governor shall establish salaries for the following state officers within the
28 following salary ranges fixed by the Legislature:
29 State Officer Salary Range
30 [
31 Director, Health Policy Commission $51,100 - $69,200
1 Commissioner of Agriculture $54,700 - $74,100
2 Commissioner of Insurance $54,700 - $74,100
3 Commissioner of the Labor Commission $54,700 - $74,100
4 Director, Alcoholic Beverage Control
5 Commission $54,700 - $74,100
6 Commissioners, Department of Financial
7 Institutions $54,700 - $74,100
8 Members, Board of Pardons and Parole $54,700 - $74,100
9 Executive Director, Department
10 of Commerce $54,700 - $74,100
11 Executive Director, Commission on
12 Criminal and Juvenile Justice $54,700 - $74,100
13 Adjutant General $54,700 - $74,100
14 Chair, Tax Commission $59,200 - $80,000
15 Commissioners, Tax Commission $59,200 - $80,000
16 Executive Director, Department of
17 Community and Economic
18 Development $59,200 - $80,000
19 Executive Director, Tax Commission $59,200 - $80,000
20 Chair, Public Service Commission $59,200 - $80,000
21 Commissioner, Public Service Commission $59,200 - $80,000
22 Executive Director, Department
23 of Corrections $64,500 - $87,100
24 Commissioner, Department of Public Safety $64,500 - $87,100
25 Executive Director, Department of
26 Natural Resources $64,500 - $87,100
27 Director, Office of Planning
28 and Budget $64,500 - $87,100
29 Executive Director, Department of
30 Administrative Services $64,500 - $87,100
31 Executive Director, Department of
1 Human Resource Management $64,500 - $87,100
2 Executive Director, Department of
3 Environmental Quality $64,500 - $87,100
4 Executive Director, Department of $67,500 - $91,200
5 Workforce Services
6 Executive Director, Department of
7 Health $70,100 - $94,800
8 Executive Director, Department
9 of Human Services $70,100 - $94,800
10 Executive Director, Department
11 of Transportation $70,100 - $94,800
12 (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
13 follows:
14 (i) the option of participating in a state retirement system established by Title 49 or in a
15 deferred compensation plan administered by the State Retirement Office in accordance with the
16 Internal Revenue Code and its accompanying rules and regulations;
17 (ii) health insurance;
18 (iii) dental insurance;
19 (iv) basic life insurance;
20 (v) unemployment compensation;
21 (vi) workers' compensation;
22 (vii) required employer contribution to Social Security;
23 (viii) long-term disability insurance;
24 (ix) the same additional state-paid life insurance available to other noncareer service
25 employees;
26 (x) the same severance pay available to other noncareer service employees;
27 (xi) the same sick leave, converted sick leave, educational allowances, and holidays
28 granted to Schedule B state employees, and the same annual leave granted to Schedule B state
29 employees with more than ten years of state service;
30 (xii) the option to convert accumulated sick leave to cash or insurance benefits as provided
31 by law or rule upon resignation or retirement according to the same criteria and procedures applied
1 to Schedule B state employees;
2 (xiii) the option to purchase additional life insurance at group insurance rates according
3 to the same criteria and procedures applied to Schedule B state employees; and
4 (xiv) professional memberships if being a member of the professional organization is a
5 requirement of the position.
6 (b) Each department shall pay the cost of additional state-paid life insurance for its
7 executive director from its existing budget.
8 (3) The Legislature fixes the following additional benefits:
9 (a) for the executive director of the State Tax Commission a vehicle for official and
10 personal use;
11 (b) for the executive director of the Department of Transportation a vehicle for commute
12 and official use;
13 (c) for the executive director of the Department of Natural Resources a vehicle for
14 commute and official use;
15 (d) for the Commissioner of Public Safety:
16 (i) an accidental death insurance policy if POST certified; and
17 (ii) a public safety vehicle for official and personal use;
18 (e) for the executive director of the Department of Corrections:
19 (i) an accidental death insurance policy if POST certified; and
20 (ii) a public safety vehicle for official and personal use;
21 (f) for the Adjutant General a vehicle for official and personal use; and
22 (g) for each member of the Board of Pardons and Parole a vehicle for commute and official
23 use.
24 (4) (a) The governor has the discretion to establish a specific salary for each office listed
25 in Subsection (1), and, within that discretion, may provide salary increases within the range fixed
26 by the Legislature.
27 (b) The governor shall apply the same overtime regulations applicable to other FLSA
28 exempt positions.
29 (c) The governor may develop standards and criteria for reviewing the performance of the
30 state officers listed in Subsection (1).
31 (5) Salaries for other Schedule A employees, as defined in Section 67-19-15, which are
1 not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary Act,
2 shall be established as provided in Section 67-19-15.
3 Section 316. Section 78-45-7.5 is amended to read:
4 78-45-7.5. Determination of gross income -- Imputed income.
5 (1) As used in the guidelines, "gross income" includes:
6 (a) prospective income from any source, including nonearned sources, except under
7 Subsection (3); and
8 (b) income from salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone,
9 prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous
10 marriages, annuities, capital gains, social security benefits, workers' compensation benefits,
11 unemployment compensation, disability insurance benefits, and payments from "nonmeans-tested"
12 government programs.
13 (2) Income from earned income sources is limited to the equivalent of one full-time
14 40-hour job. However, if and only if during the time prior to the original support order, the parent
15 normally and consistently worked more than 40 hours at his job, the court may consider this extra
16 time as a pattern in calculating the parent's ability to provide child support.
17 (3) Specifically excluded from gross income are:
18 (a) Aid to Families with Dependent Children (AFDC);
19 (b) benefits received under a housing subsidy program, the Job Training Partnership Act,
20 S.S.I., Medicaid, Food Stamps, or General Assistance; and
21 (c) other similar means-tested welfare benefits received by a parent.
22 (4) (a) Gross income from self-employment or operation of a business shall be calculated
23 by subtracting necessary expenses required for self-employment or business operation from gross
24 receipts. The income and expenses from self-employment or operation of a business shall be
25 reviewed to determine an appropriate level of gross income available to the parent to satisfy a child
26 support award. Only those expenses necessary to allow the business to operate at a reasonable
27 level may be deducted from gross receipts.
28 (b) Gross income determined under this subsection may differ from the amount of business
29 income determined for tax purposes.
30 (5) (a) When possible, gross income should first be computed on an annual basis and then
31 recalculated to determine the average gross monthly income.
1 (b) Each parent shall provide verification of current income. Each parent shall provide
2 year-to-date pay stubs or employer statements and complete copies of tax returns from at least the
3 most recent year unless the court finds the verification is not reasonably available. Verification
4 of income from records maintained by the [
5 Workforce Services may be substituted for pay stubs, employer statements, and income tax returns.
6 (c) Historical and current earnings shall be used to determine whether an
7 underemployment or overemployment situation exists.
8 (6) Gross income includes income imputed to the parent under Subsection (7).
9 (7) (a) Income may not be imputed to a parent unless the parent stipulates to the amount
10 imputed or a hearing is held and a finding made that the parent is voluntarily unemployed or
11 underemployed.
12 (b) If income is imputed to a parent, the income shall be based upon employment potential
13 and probable earnings as derived from work history, occupation qualifications, and prevailing
14 earnings for persons of similar backgrounds in the community.
15 (c) If a parent has no recent work history, income shall be imputed at least at the federal
16 minimum wage for a 40-hour work week. To impute a greater income, the judge in a judicial
17 proceeding or the presiding officer in an administrative proceeding shall enter specific findings
18 of fact as to the evidentiary basis for the imputation.
19 (d) Income may not be imputed if any of the following conditions exist:
20 (i) the reasonable costs of child care for the parents' minor children approach or equal the
21 amount of income the custodial parent can earn;
22 (ii) a parent is physically or mentally disabled to the extent he cannot earn minimum wage;
23 (iii) a parent is engaged in career or occupational training to establish basic job skills; or
24 (iv) unusual emotional or physical needs of a child require the custodial parent's presence
25 in the home.
26 (8) (a) Gross income may not include the earnings of a child who is the subject of a child
27 support award nor benefits to a child in the child's own right such as Supplemental Security
28 Income.
29 (b) Social Security benefits received by a child due to the earnings of a parent may be
30 credited as child support to the parent upon whose earning record it is based, by crediting the
31 amount against the potential obligation of that parent. Other unearned income of a child may be
1 considered as income to a parent depending upon the circumstances of each case.
2 Section 317. Reappointment of committees.
3 (1) (a) The term of a member of the following council or committee as of June 30, 1997,
4 shall terminate July 1, 1997:
5 (i) employment security advisory council created in Section 35A-4-502; and
6 (ii) child care advisory committee created in Section 35A-3-1205.
7 (b) The reappointment of the members to the council or committee listed in Subsection
8 (1)(a) shall be in accordance to the applicable statute creating the council or committee.
9 (2) The members on the following councils or panel shall not be modified by this act:
10 (a) the workers's compensation advisory council created in Section 34A-2-107;
11 (b) the antidiscrimination advisory council created in Section 34A-5-105;
12 (c) the occupational safety and health advisory council created in Section 35A-6-106; and
13 (d) the mining certification panel created in Section 40-2-14.
14 Section 318. Application of rules.
15 It is the intent of the Legislature that rules issued under the following statutes that are in
16 effect on July 1,1997, are not modified by this act and remain in effect, except that the agency
17 administrating the rule shall be transferred to either the Department of Workforce Services or the
18 Labor Commission in the same manner as the statutory responsibility is transferred under this act:
19 (1) Title 34, Labor in General;
20 (2) Title 34A, Utah Labor Code;
21 (3) Title 35, Labor - Industrial Commission;
22 (4) Title 35A, Workforce Services Code;
23 (5) Title 40, Chapter 2, Mines; and
24 (6) Title 57, Chapter 21, Utah Fair Housing Act.
25 This act affects uncodified material as follows:
26 Section 319. Uncodified Section 376, Chapter 240, Laws of Utah 1996
27 is amended to read:
28 Section 376. Repealer.
29 This act repeals:
30 Section 9-2-1102, Definitions.
31 Section 9-2-1103, Creation of State Job Training Coordinating Council.
1 Section 9-2-1104, Membership of council.
2 Section 9-2-1105, Creation of Office of Job Training.
3 Section 9-2-1106, Duties of State Job Training Coordinating Council.
4 Section 9-2-1107, Limitations on council.
5 Section 9-2-1108, Local coordinating council membership.
6 Section 9-2-1111, Private industry council constituency.
7 Section 9-2-1112, This part supersedes other provisions.
8 Section 34-35-4, Antidiscrimination Division -- Powers.
9 Section 35-1-1, Industrial Commission -- Number of members -- Appointment -- Term
10 -- Compensation.
11 Section 35-1-2, Actions by and against commission -- Service of process.
12 Section 35-1-3, Commissioners -- Removal from office.
13 Section 35-1-4, Commissioners shall not hold other offices -- Exceptions.
14 Section 35-1-5, Commissioners -- Oath -- Bond.
15 Section 35-1-6, Chairman -- Quorum.
16 Section 35-1-7, Office in Salt Lake City -- Sessions at any place.
17 Section 35-1-8, Seal - Judicial notice -- Copies of records as evidence.
18 Section 35-1-9, Office hours -- Sessions public -- Record of proceedings.
19 Section 35-1-10, Rules for procedure.
20 Section 35-1-11, Secretary -- Assistants -- Expenses.
21 Section 35-1-13, Misconduct of employees.
22 Section 35-1-16, Powers and duties of commission -- Fees.
23 Section 35-1-18, Chairman of council -- Voting powers -- Calling meetings.
24 Section 35-1-23, Petition for hearing -- Contents.
25 Section 35-1-24, Hearing -- Procedure.
26 Section 35-1-25, Extension of time for compliance.
27 Section 35-1-26, Hearing condition precedent to action.
28 Section 35-1-28, Witnesses' fees.
29 Section 35-1-32, Attorney retained by commission -- Duties of attorney general and
30 county and city attorneys.
31 Section 35-1-35, Consideration of all issues by commission a condition precedent.
1 Section 35-1-40, Each day's default a separate offense.
2 Section 35-1-46.20, Requirements of any order of the commission -- Court
3 enforcement.
4 Section 35-1-66.3, Loss of hearing defined.
5 Section 35-1-76, Likelihood of increase to be considered.
6 Section 35-1-82.52, Appointment of law judges -- Power and authority.
7 Section 35-1-82.53, Review of administrative order -- Finality of commission's order.
8 Section 35-1-82.56, Notice to parties of order or award.
9 Section 35-1-85.1, Depositions of witnesses authorized.
10 Section 35-1-86, Court of Appeals may review commission's actions.
11 Section 35-1-102, Expenses in acquiring information authorized.
12 Section 35-1-103, Biennial report to governor.
13 Section 35-3-3, Legal nature of Workers' Compensation Fund.
14 Section 35-9-19, Reports by division to governor and United States secretary of labor.
15 Section 35-10-13, Annual report.
16 Section 40-2-1.2, Procedures -- Adjudicative proceedings.
17 Section 62A-1-103, Purpose of title -- Purpose of department -- Prohibition of
18 discrimination.
19 [
20
21 Section 320. Repealer.
22 This act repeals:
23 Section 34-28-11, Commission may employ assistants.
24 Section 35A-1-308 (Effective 07/01/97), Application of part.
25 Section 35A-1-401, Executive director during interim -- Appointment -- Staff and
26 office support -- Duties.
27 Section 35A-1-402, Study of issues.
28 Section 35A-1-404, Implementation of consolidation.
29 Section 35A-1-405, Establishment of state and regional councils.
30 Section 35A-3-305 (Effective 07/01/97), When effective -- Time for compliance.
1 Section 35A-3-306 (Effective 07/01/97), Hearing on issue of lawfulness.
2 Section 35A-3-308 (Effective 07/01/97), Actions to set aside orders.
3 Section 35A-3-309 (Effective 07/01/97), Actions to set aside orders -- Exclusive
4 jurisdiction of the Supreme Court, district courts, and the Court of Appeals.
5 Section 35A-3-310 (Effective 07/01/97), Stay of proceedings -- Supersedeas bond.
6 Section 35A-3-311 (Effective 07/01/97), Proceedings preferred on trial calendars.
7 Section 35A-3-808 (Effective 07/01/97), Record of proceedings before department.
8 Section 35A-10-101 (Effective 07/01/97), Declaration of public policy.
9 Section 35A-10-102 (Effective 07/01/97), Apprenticeship Council -- Composition --
10 Appointment of representatives -- Terms of members -- Filling of vacancy -- Compensation
11 of members -- Duties -- Director of apprenticeship -- Designation of officers -- Annual public
12 report.
13 Section 35A-10-103 (Effective 07/01/97), Official action by Apprenticeship Council --
14 Vote required -- Quorum.
15 Section 35A-10-104 (Effective 07/01/97), Joint apprenticeship committees -- Approval
16 by Apprenticeship Council -- Composition -- Standards established by employers -- Teachers
17 and coordinators, selection and training.
18 Section 35A-10-108 (Effective 07/01/97), Separability clause.
19 Section 321. Retrospective operation.
20 Only for the purpose of determining the payroll of the Department of Workforce Services
21 and the Department of Labor, the new hire or transfer of employees to the Department of
22 Workforce Services and the Department of Labor is to be applied retroactively to June 28, 1997.
23 Section 322. Effective date.
24 This act takes effect on July 1, 1997.
25 Section 323. Coordination clause.
26 (1) If this bill passes, it is the intent of the Legislature that:
27 (a) the following parts be renumbered and all cross references changed to reflect the
28 renumbering:
29 (i) Title 35A, Chapter 3, Part 11 shall be renumbered to Title 35A, Chapter 3, Part 1;
30 (ii) Title 35A, Chapter 3, Part 12 shall be renumbered to Title 35A, Chapter 3, Part 2;
31 (iii) Title 35A, Chapter 5, Part 11 shall be renumbered to Title 35A, Chapter 5, Part 1;
1 (iv) Title 35A, Chapter 5, Part 12 shall be renumbered to Title 35A, Chapter 5, Part 2; and
2 (v) Title 35A, Chapter 6, Part 11 shall be renumbered to Title 35A, Chapter 6, Part 1; and
3 (b) as part of preparing the laws for publication, for legislation passed during this session
4 the Office of Legislative Research and General Counsel shall correct:
5 (i) cross references to sections renumbered in this bill; and
6 (ii) replace references to the Department of Workforce Services with the Labor
7 Commission or appropriate division of the Labor Commission to conform to the amendments in
8 this bill.
9 (2) If this bill and H.B. 14, Self Insured Premium Assessment, both pass, it is the intent
10 of the Legislature that the amendments to Section 35A-3-202 in H.B. 14 be amended as follows:
11 (a) in Subsections (1)(a), (4)(b), and (4)(c) the term"department" shall be replaced with
12 "commission";
13 (b) in Subsections (1)(h)(iii)(B), (1)(i), and (4)(a) the term "department" shall be replaced
14 with the term "division"; and
15 (c) in Subsection (1)(i) the citation to Section 35A-3-201 be replaced with Section
16 34A-2-201.
17 (3) If this bill and H.B. 113, Office Of Child Care Amendments, both pass, it is the intent
18 of the Legislature that the amendments to Section 35A-3-1205 in this bill supersede the
19 amendments to Section 35A-8-204 in H.B. 113.
20 (4) If this bill and H.B. 139, Employee Leasing Company Licensing Act Amendments,
21 both pass, it is the intent of the Legislature that Subsection 35A-3-103(3)(d) be amended to read
22 as follows: "The division shall promptly inform the Division of Occupation and Professional
23 Licensing within the Department of Commerce if the division has reason to believe that an
24 employee leasing company is not in compliance with Subsection 34A-2-201(1)(a) or (b) and
25 commission rules."
26 (5) If this bill and H.B. 166, Joint Liaison Committee Amendments, both pass, it is the
27 intent of the Legislature that:
28 (a) the amendments to Section 53A-1-502 in H.B. 166 supersede the amendments to
29 Section 53A-1-502 in this bill; and
30 (b) Subsection 53A-1-502(1)(b)(i) in H.B. 166 be further amended to insert the term
31 "executive" before the term "director."
1 (6) If this bill and H.B. 175, Workers' Compensation Fund of Utah, both pass, it is the
2 intent of the Legislature that Section 31A-33-103.5 in H.B. 175 supersede Section 31A-33-103.5
3 in this bill.
4 (7) If this bill and H.B. 221, Workers' Compensation Noncompliance of Employer, both
5 pass, it is the intent of the Legislature that the amendments to Subsection 35A-3-204(2) in H.B.
6 221 be amended as follows:
7 (a) replace the term "department" with "division"; and
8 (b) replace the citation to Section 35A-3-201 with Section 34A-2-201.
9 (8) If this bill and H.B. 222, Powers of the Department of Workforce Services, both pass,
10 it is the intent of the Legislature that the amendments to the following sections in H.B. 222 shall
11 be amended as follows:
12 (a) in Subsections 35A-3-407(11) and 35A-3a-108(12):
13 (i) replace the term "department" with "commission";
14 (ii) replace the citation to Section 35A-1-302 with Section 34A-1-303;
15 (iii) replace the citation to Subsection 35A-3-204(7) with Subsection 34A-2-211(7);
16 (iv) replace the citation to "Chapter 3" with "Chapter 2" and the citation to "Chapter 3a"
17 with "Chapter 3"; and
18 (v) replace the citation to Section 35A-3-211 with Section 34A-2-212; and
19 (b) in Subsection 35A-3-805 replace the term "department" with "commission."
20 (9) If this bill and H.B. 224, Workers' Compensation - Costs of Medical Review, both
21 pass, it is the intent of the Legislature that the amendments in Section 35A-3-601 in H.B. 224 be
22 amended to:
23 (a) replace the term "department" with "commission";
24 (b) replace the citation to Section 35A-3-702 with Section 34A-2-702; and
25 (c) replace the citation to Section 35A-3-704 with Section 34A-2-704.
26 (10) If this bill and H.B. 225, Assessment on Workers' Compensation, both pass, it is the
27 intent of the Legislature that language in Section 59-9-101.1 and 63-55b-5901 in H.B. 225 be
28 amended as follows:
29 (a) references to "Department of Workforce Services" or "department" be replaced with
30 "Labor Commission";
31 (b) citations to Section 35A-3-201 be replaced with Section 34A-2-201; and
1 (c) citations to Section 35A-3-202 be replaced with Section 34A-2-202.
2 (11) If this bill and H.B. 269, Family Employment Program, both pass, it is the intent of
3 the Legislature that:
4 (a) the amendments in Subsection 35A-1-102(1) in this bill supersede the amendments to
5 Subsection 35A-1-102(1) in H.B. 269;
6 (b) the amendments in Subsection 35A-2-202(5)(a) in this bill supersede the amendments
7 to Subsection 35A-2-202(5)(a)(i) in H.B. 269; and
8 (c) the citations in H.B. 269 to Title 35A, Chapter 8, or any part or section in Title 35A,
9 Chapter 8 be amended to reflect the renumbering in this bill.
10 (12) If this bill and S.B. 11, Workers' Compensation - Exemption for Agricultural
11 Workers, both pass it is the intent of the Legislature that the amendments to Section 35A-3-103
12 be amended to replace any reference to "Chapter 3a" with "Chapter 3".
Legislative Review Note
as of 2-25-97 10:40 AM
This bill implements significant changes to the structure of state government. The structural
changes include: (1) transferring certain responsibilities that have previously been exercised by
an independent state agency to an entity that the governor can exercise greater supervisory
control by appointing and removing the administrative head of the entity; and (2) more
specifically separating regulatory functions from adjudicative functions. The restructuring in
both its size and complexity is without precedent in the recent history of the state. While an
attempt has been made to address the federal and state constitutional or statutory concerns raised
as a result of the restructuring, a determination cannot be made as to whether all legal
implications have been fully resolved.
The Utah Supreme Court has held that under the Utah Constitution the attorney general is to act
as legal advisor to departments over which the governor has direct supervisory control. See
Hansen v. State Retirement Board, 652 P.2d 1332 (Utah 1982), Utah Technology Fin. Corp.
v. Wilkinson, 723 P.2d 406 (Utah 1986). The Supreme Court allowed independent counsel if
an entity was an independent state agency or if an executive branch entity is not performing
executive branch functions (i.e, administering certain trust funds). This bill specifically
anticipates the hiring of legal counsel independent of the attorney general by the newly created
Labor Commission and allows the Department of Workforce Services to hire legal staff. If
independent legal counsel hired by either entity represents that entity in its performance of
traditional executive branch functions and the court finds that either entity is under the direct
supervisory control of the governor, the hiring of legal counsel independent of the attorney
general to represent the commission or department may be unconstitutional.
Office of Legislative Research and General Counsel
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