Title 35A Utah Workforce Services Code Chapter 4 Employment Security Act Section 308 Bonds to ensure compliance.
35A-4-308.Bonds to ensure compliance.
(1) (a) The division, whenever it considers it necessary to ensure compliance with this
chapter, may require any employer, subject to the contribution imposed hereunder, to deposit with
it any bond or security as the division shall determine.
(b) The bond or security may be sold by the division at public sale, if it becomes
necessary, in order to recover any tax, interest, or penalty due.
(c) Notice of the sale may be served upon the employer who deposited the securities
personally or by mail. If by mail, notice sent to the last-known address as the same appears in the
records of the division is sufficient for purposes of this requirement.
(d) Upon the sale, the surplus, if any, above the amounts due, shall be returned to the
employer who deposited the security.
(2) (a) If an employer fails to comply with Subsection (1), the district court of the county
in which the employer resides or in which the employer employs workers shall, upon the
commencement of a suit by the division for that purpose, enjoin the employer from further
employing workers in this state or continuing in business until the employer has complied with
Subsection (1).
(b) Upon filing of a suit for such purpose by the division, the court shall set a date for
hearing and cause notice to be served upon the employer. The hearing shall be not less than five
nor more than 15 days from the service of the notice.
Renumbered and Amended by Chapter 240, 1996 General Session
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