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First Substitute S.B. 166

1    

WORKFORCE SERVICES AND LABOR COMMISSION

2    
IMPLEMENTATION AND AMENDMENTS

3    
1997 GENERAL SESSION

4    
STATE OF UTAH

5    
Sponsor: David L. Buhler

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
2a         S 23-19-36, AS LAST AMENDED BY CHAPTER 20, LAWS OF UTAH 1995 s
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

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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

- 3 -


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

- 4 -


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
31a         S 54-8b-10, AS LAST AMENDED BY CHAPTER 292, LAWS OF UTAH 1994 s

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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

- 6 -


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
5a         S 76-8-1203, AS ENACTED BY CHAPTER 122, LAWS OF UTAH 1994
5b         76-8-1204, AS ENACTED BY CHAPTER 122, LAWS OF UTAH 1994
5c         76-8-1205, AS ENACTED BY CHAPTER 122, LAWS OF UTAH 1994 s
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)

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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)
10a         S 34A-1-310 (EFFECTIVE 07/01/97), (RENUMBERED FROM 35A-3-808 (EFFECTIVE 07/01/97), AS
10b     RENUMBERED AND AMENDED BY CHAPTER 240, LAWS OF UTAH 1996) s
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

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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)

- 9 -


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)

- 10 -


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

- 11 -


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

- 12 -


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)

- 13 -


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)

- 14 -


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

- 15 -


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)

- 16 -


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

- 17 -


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          S [35A-3-808 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
30    1996
] s

31         35A-10-101 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah


Text Box

Amend on 2_goldenrod February 28, 1997
- 18 -


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 [Division of Employment Development. In the event this information]
25    Department of Workforce Services; or
26        (ii) if the county average monthly nonagricultural payroll wage is not available for the
27    respective industry, [the job must pay at least 125% of] the total average monthly nonagricultural
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 [which]
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

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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    [Division of Employment Development] Department of Workforce Services.
30        (d) Construction jobs are not eligible for the tax credit under Subsections (1)(a) through
31    (d).

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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 [Utah Division of Employment
17    Security] Department of Workforce Services conducted for the purpose of determining the
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 [53A-15-204]
30    35A-3-1102, the county clerk shall:
31        (i) assess $20 in addition to whatever fee for a marriage license is established under

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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 [35A-5-106] 34A-5-106, can be filed with the
23    Division of Antidiscrimination and Labor[, Safety, and Program Regulation] within the Labor
24    Commission. Complaints shall be filed within 30 days of the issuance of a written decision of the
25    county career service council.
25a     S Section 5. Section 23-19-36 is amended to read:
25b         23-19-36.   Disabled, mentally retarded, and terminally ill persons -- License to fish -- Fees.
25c         (1) A resident who is blind, paraplegic, or otherwise permanently disabled so as to be
25d     permanently confined to a wheelchair or the use of crutches, or who has lost either or both lower
25e     extremities, may receive a license to fish upon:
25f         (a) furnishing satisfactory proof of this fact to the Division of Wildlife Resources; and
25g         (b) payment of a fee of 50 cents. s

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Amend on 2_goldenrod February 28, 1997
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25h          S (2) A resident who is a mentally retarded person and is not eligible under Section 23-19-14
25i     to fish without a license may receive a license to fish upon:
25j         (a) furnishing verification of mental retardation, as defined in Section 62A-5-101, from a
25k     physician; and
25l         (b) payment of a fee of $5.
25m         (3) A resident who is terminally ill, and has less than five years to live, may receive a free license
25n     to fish:
25o         (a) upon furnishing verification from a physician; and
25p         (b) if he qualifies for assistance under any low income public assistance program administered
25q     by [the Department of Human Services] A STATE AGENCY. s
26        Section S [5] 6 s . 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


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Amend on 2_goldenrod February 28, 1997
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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

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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 [Department of Workforce Services] Labor Commission to conduct
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:

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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

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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 [executive director] commissioner of the [Department of Workforce Services]
11    Labor Commission or the [executive director's] commissioner's designee as provided in Section
12    [35A-3-603] 34A-2-603;
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 [his] the district attorney's deputy, or a
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 [35A-3-702] 34A-2-702(5) if a positive test for a disease occurs within three months

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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 [35A-3-417] 34A-2-417 do not apply to an
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    [35A-3a-108] 34A-3-108, of the "date of accident."
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 [35A-3-702] 34A-2-702 are payable only if it
18    can be established by competent evidence that death was a consequence of or result of the disease
19    and, notwithstanding Subsection [35A-3-702] 34A-2-702(5), that death occurred within six years
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

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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 [35A] 34A, Chapters 2 and 3 [and 3a]. However,
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 [Department of Workforce Services] Labor Commission has authority to establish
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

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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 [35A-3-201] 34A-2-201(1)(c).
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;

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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

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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

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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,

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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.

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1        (3) Motor vehicle liability coverage need not insure any liability:
2        (a) under any workers' compensation law under Title [35A] 34A;
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;

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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

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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 [35A] 34A, Chapter [3] 2, Workers' Compensation
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

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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.

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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

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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 [Department of Workforce Services] Division of Industrial
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[,]; and [after]
21        (ii) notice to the [Department of Workforce Services] Division of Industrial Accidents in
22    the Labor Commission as provided in Section [35A-3-205] 34A-2-205.
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 [35A] 34A,
27    Chapter [3] 2, Workers' Compensation Act, shall cover all types of workers' compensation benefits
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.

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1        Workers' compensation insurance contracts are subject to any applicable requirements of
2    Title [35A] 34A, Chapter [3] 2, Workers' Compensation Act.
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 [Department of Workforce Services] Labor Commission with respect to claims for
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 [Department of Workforce Services] Labor
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.

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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 [35A-3-114] 34A-2-110
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 [35A-3-114] 34A-2-110, and Section 76-6-521, the
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

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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 [35A-3-114] 34A-2-110,
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 [35A] 34A, Chapters [3] 2, Workers' Compensation Act, and [3a] 3, Utah Occupational
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

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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[,]; and
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 [35A] 34A, Chapter [3]
15    2, Workers' Compensation Act, and Title [35A] 34A, Chapter [3a] 3, Utah Occupational Disease
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;

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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;

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1        (d) establish procedures for adjusting claims against the Workers' Compensation Fund that
2    comply with Title [35A] 34A, Chapters [3] 2 and [3a] 3, and determine the persons to whom and
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 [Department of Workforce Services] Labor
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 [Department of Workforce Services] Labor
22    Commission;
23        (2) for nonpayment of premium, after 30 days' notice to:
24        (a) the [Department of Workforce Services] Labor Commission; and [to]
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 [Department of Workforce Services] Labor Commission; and
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.

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1        The [Department of Workforce Services] Labor Commission shall make the employers'
2    annual reports provided for in Section [35A-3-206] 34A-2-206 available to the Workers'
3    Compensation Fund, to the same extent [they] the reports would be available to private insurers.
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.

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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 [35A] 34A, Chapter 5, Utah Antidiscrimination
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 [of Utah].
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;

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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 [Workforce Appeals] board created in
15    Section [35A-1-205] 34-20-3.
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        [(1) The Workforce Appeals Board is designated as the labor relations board for the state.]
31        (1) (a) There is created the Labor Relations Board consisting of the following:

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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

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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        [(2)] (4) A vacancy in the board shall not impair the right of the remaining members to
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        [(3)] (6) The board shall at the close of each fiscal year make a report in writing to the
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[,]; and
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 [department of labor] Labor Commission.
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

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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 [Industrial Commission] board shall comply with the procedures and requirements
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

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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 [Division of Labor, Safety, and Program Regulation] commissioner of the Labor
31    Commission may certify in writing to an employer that a longer work period does not violate

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1    Subsection (1) if, after interested parties have had an opportunity to present evidence, the [Division
2    of Labor, Safety, and Program Regulation] commissioner determines that the longer work period
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) "[Department] Commission" means [Department of Workforce Services] the Labor
11    Commission.
12        (3) "Division" means the Division of Antidiscrimination and Labor[, Safety, and Program
13    Regulation] in the [department] commission.
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 [department] commission shall ascertain and establish the hours and the conditions
21    of labor and employment for any occupation in which minors are employed.
22        (2) The [department] commission may promulgate rules consistent with this chapter in
23    accordance with Title 63, Chapter 46a, [the] Utah Administrative Rulemaking Act.
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 [department] commission may establish minimum hourly wages for minors. If there
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.

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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 [department] commission may prosecute a criminal action in the name of
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 [department] commission.
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 [department] commission may prosecute a misdemeanor criminal action in 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 [department] commission.
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 [department] commission, any
18    information requested by the [department] commission under this chapter;
19        (c) refuse access to [his] that person's place of business or employment to the [department]
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 [department] commission or its authorized representative in the securing of
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) [because] the employer believes that the employee may testify in any investigation
31    or proceedings relative to the enforcement of this chapter; and

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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) "[Department] Commission" means the [Department of Workforce Services] Labor
7    Commission.
8        (2) "Division" means the Division of Antidiscrimination and Labor[, Safety, and Program
9    Regulation].
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 [department] commission may make rules consistent with this chapter governing
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:

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1        (i) retain 50% of the money received from the penalty payments for the costs of
2    administering this chapter[, and the division shall];
3        (ii) pay all the sums [so received] retained under Subsection (2)(b)(i) to the state
4    treasurer[. The remaining]; and
5        (iii) pay the 50% [shall be paid] not retained under Subsection (2)(b)(i) to the employee.
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 [department] commission may employ counsel, appoint a representative, or
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    [department] commission on all appeals and to enforce judgments.
20        (b) The counsel employed by the [department] commission, the attorney general, or the
21    county representing the [department] commission, shall be awarded:
22        (i) reasonable attorneys' fees, as specified by the [department,] commission; and
23        (ii) costs for:
24        [(i)] (A) appeals [where] when the plaintiff prevails; and
25        [(ii) for] (B) judgment enforcement proceedings.
26        (5) (a) The [department] commission may enter into reciprocal agreements with the labor
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 [department] commission.
31        (b) The [department] commission may, to the extent provided by any reciprocal agreement

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1    entered into under [this section] Subsection (5)(a), or by the laws of any other state, maintain
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 [department] commission may[, upon the written request of the labor department
7    or other corresponding agency of any other state or of any person, board, officer, or commission
8    of that state authorized to act on behalf of the labor department or corresponding agency,] maintain
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 [department]
11    commission are authorized when arising in this state[. However, these actions may be commenced
12    and maintained only where] if:
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 [has extended] extends the same
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 [department] commission rules.
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 [department] commission in 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.

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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 [who] violates this chapter if the employer discharges an employee, or
5    threatens to[,] discharge an employee because:
6        (a) the employee has filed a complaint or testified [or] in a proceeding relative to the
7    enforcement of this chapter;
8        (b) is about to file a complaint or testify[,] in a proceeding relative to the enforcement of
9    this chapter; or [because]
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[, is in violation 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 [Workforce] commissioner or Appeals Board in
19    accordance with Title [35A] 34A, Chapter 1, Part 3, Adjudicative Proceedings.
20        (4) The [department] commission shall adopt rules, as required, to implement this section.
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 [Labor, Safety,
24    and Program Regulation] Workforce Information and Payment Services in the Department of
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 [no] a change is not effective until
28    seven days after the date the amended schedule is refiled with the Division of [Labor, Safety, and
29    Program Regulation] Workforce Information and Payment Services.
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.

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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) [No] An employment agency may not charge any fee greater than 25% of the amount
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        [No] A county, city, or town [shall] may not license under this chapter any intelligence or
11    employment office unless the applicant is licensed to establish and operate the same by the
12    Division of [Labor, Safety, and Program Regulation] Workforce Information and Payment
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 [Department of Workforce Services] Labor Commission shall make and enforce
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 [this] Subsection (2)(a), "emergency" means a condition [which] that
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 [shall] may not, by virtue
30    of those results alone, be defined as a person with a "handicap" for purposes of Title [35A] 34A,
31    Chapter 5, Utah Antidiscrimination Act.

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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) "[Department] Commission" means the [Department of Workforce Services] Labor
8    Commission.
9        (b) "Division" means the Division of Antidiscrimination and Labor[, Safety, and Program
10    Regulation] in the [department] commission.
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) [Subsequent to] After July 1, 1990, the [department] commission may by rule
20    establish the minimum wage or wages as provided in this chapter [which] that may be paid to
21    employees in public and private employment within the state.
22        (b) The minimum wage, as established by the [department] commission, may not exceed
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 [department] commission:
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 [department] commission may provide for separate minimum hourly wages for
30    minors.
31        Section 48. Section 34-40-104 (Effective 07/01/97) is amended to read:

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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[. In addition, the minimum wage does
5    not apply to the following:];
6        [(a)] (b) outside sales persons;
7        [(b)] (c) an employee who is a member of the employer's immediate family;
8        [(c)] (d) companionship service for persons who, because of age or infirmity, are unable
9    to care for themselves;
10        [(d)] (e) casual and domestic employees as defined by the [department] commission;
11        [(e)] (f) seasonal employees of nonprofit camping programs, religious or recreation
12    programs, and nonprofit educational and charitable organizations registered under Title 13,
13    Chapter 22, [the Utah] Charitable Solicitations Act;
14        [(f)] (g) an individual employed by the United States of America;
15        [(g)] (h) any prisoner employed through the penal system;
16        [(h)] (i) any employee employed in agriculture if the employee:
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 [his] the employee's residence on a farm or ranch;
25        [(i)] (j) registered apprentices or students employed by the educational institution in which
26    they are enrolled; or
27        [(j)] (k) any seasonal hourly employee employed by a seasonal amusement establishment
28    with permanent structures and facilities [may be paid less than the applicable minimum wage
29    provided] if the other direct monetary compensation from tips, incentives, commissions,
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

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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 [which] that are lower than
7    the minimum wage, provided the wage is related to the employee's productivity. The [department]
8    commission may establish and regulate the wages paid or wage scales for [such] the handicapped
9    individuals.
10        (3) The [department] commission may establish or may set a lesser minimum wage for
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    [department] commission may by rule provide for a greater tip allowance, in conjunction with its
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    [department] commission may issue rules that are consistent with this chapter.
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    [department] commission may prosecute a criminal action in the name of the state.
29        (3) The county attorney, district attorney, or attorney general shall provide assistance in
30    prosecutions under this section at the request of the [department] commission.
31        Section 51. Section 34-41-106 (Effective 07/01/97) is amended to read:

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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 [35A] 34A, Chapter 5, Utah Antidiscrimination Act[,]; or
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    
TITLE 34A. UTAH LABOR CODE

9    
CHAPTER 1. LABOR COMMISSION ACT

10    
Part 1. General Provisions

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.

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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;

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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    
Part 2. Organization

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:

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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

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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.

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1        Section S [60] 61 s . 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 S [61] 62 s . 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 S [62] 63 s . Section 34A-1-205 is enacted to read:
26         34A-1-205. Appeals Board -- Chair -- Panels -- Appointment -- Compensation --
27     Qualifications.
28        (1) S [ (a)] s There is created the Appeals Board within the commission consisting of S [the
29    following impartial members:
30        (i) the commissioner or the commissioner's designee; and

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31        (ii) two groups consisting of at least 6 individuals appointed by the governor as follows:
] s

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1         S [(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
] s



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1     S [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.
] THREE MEMBERS. THE

14a     BOARD MAY CALL AND PRESIDE AT ADJUDICATIVE PROCEEDINGS TO REVIEW AN ORDER OR
14b     DECISION THAT IS SUBJECT TO REVIEW BY THE APPEALS BOARD UNDER THIS TITLE.
14c         (2) (a) THE GOVERNOR SHALL APPOINT THE MEMBERS WITH THE ADVICE AND CONSENT OF
14d     THE SENATE AND IN ACCORDANCE WITH THIS SECTION.
14e         (b) ONE MEMBER OF THE BOARD SHALL BE APPOINTED TO REPRESENT EMPLOYERS, IN
14f     MAKING THIS APPOINTMENT, THE GOVERNOR SHALL CONSIDER NOMINATIONS FROM EMPLOYER
14g     ORGANIZATIONS.
14h         (c) ONE MEMBER OF THE BOARD SHALL BE APPOINTED TO REPRESENT EMPLOYEES, IN
14i     MAKING THIS APPOINTMENT, THE GOVERNOR SHALL CONSIDER NOMINATIONS FROM EMPLOYEE
14j     ORGANIZATIONS.
14k         (d) NO MORE THAN TWO MEMBERS MAY BELONG TO THE SAME POLITICAL PARTY.
14l         (3) (a) THE TERM OF A MEMBER SHALL BE SIX YEARS BEGINNING ON MARCH 1 OF THE YEAR
14m     THE MEMBER IS APPOINTED, EXCEPT THAT THE GOVERNOR SHALL, AT THE TIME OF APPOINTMENT
14n     OR REAPPOINTMENT, ADJUST THE LENGTH OF TERMS TO ENSURE THAT THE TERMS OF MEMBERS
14o     ARE STAGGERED SO THAT ONE MEMBER IS APPOINTED EVERY TWO YEARS.
14p         (b) THE GOVERNOR MAY REMOVE A MEMBER ONLY FOR INEFFICIENCY, NEGLECT OF DUTY,
14q     MALFEASANCE OR MISFEASANCE IN OFFICE, OR OTHER GOOD AND SUFFICIENT CAUSE.
14r         (c) A MEMBER SHALL HOLD OFFICE UNTIL A SUCCESSOR IS APPOINTED AND HAS

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14s     QUALIFIED. s
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14t         S (4) A MEMBER SHALL BE PART-TIME AND RECEIVE COMPENSATION AS PROVIDED BY
14u     TITLE 67, CHAPTER 19, STATE PERSONNEL MANAGEMENT ACT.

14v         (5) (a) THE CHIEF OFFICER OF THE BOARD SHALL BE THE CHAIR, WHO SHALL SERVE AS
14w     THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE BOARD.

14x         (b) THE GOVERNOR SHALL APPOINT AND MAY REMOVE AT WILL THE CHAIR FROM THE
14y     POSITION OF CHAIR.

14z         (6) A MAJORITY OF THE BOARD SHALL CONSTITUTE A QUORUM TO TRANSACT BUSINESS.
14aa         (7)(a) THE COMMISSION SHALL PROVIDE THE APPEALS BOARD NECESSARY STAFF
14ab     SUPPORT, EXCEPT AS PROVIDED IN SUBSECTION (7)(b).
14ac         (b) AT THE REQUEST OF THE APPEALS BOARD, THE ATTORNEY GENERAL SHALL ACT AS
14ad     AN IMPARTIAL AID TO THE APPEALS BOARD IN OUTLINING THE FACTS AND THE ISSUES. s
15        Section S [63] 64 s . Section 34A-1-301, which is renumbered from Section 35A-3-801 is
16    renumbered and amended to read:
17    
Part 3. Adjudicative Proceedings

18         [35A-3-801].     34A-1-301. Commission jurisdiction and power.
19        The [department] commission has the duty and the full power, jurisdiction, and authority
20    to determine the facts and apply the law in this chapter or any other title or chapter it administers.
21        Section S [64] 65 s . 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


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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) S [In] IF, IN s the judgment of the presiding officer having jurisdiction of the proceeding
5a     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 S [hearing] HEARINGS s ;
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 S [unless the
17    disputed matter is appealed
] s
. 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 S [65] 66 s . 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.
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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, S [an appeal panel of] s 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) S [ The decision of an appeal panel is considered a decision of the Appeals Board for
14     purposes of this title.] s 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 S [, through one of its panels,] s
21a     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:

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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.
4a         S (5)(a) A MEMBER OF THE APPEALS BOARD MAY NOT PARTICIPATE IN ANY CASE IN
4b     WHICH THE MEMBER IS AN INTERESTED PARTY. EACH DECISION OF A MEMBER OF THE APPEALS
4c     BOARD SHALL REPRESENT THE MEMBER'S INDEPENDENT JUDGMENT.
4d         (b) IF A MEMBER OF THE APPEALS BOARD MAY NOT PARTICIPATE IN A CASE BECAUSE THE
4e     MEMBER IS AN INTERESTED PARTY, THE TWO MEMBERS OF THE APPEALS BOARD THAT MAY HEAR
4f     THE CASE SHALL ASSIGN AN INDIVIDUAL TO PARTICIPATE AS A MEMBER OF THE BOARD IN THAT
4g     CASE IF THE INDIVIDUAL:
4h         (i) IS NOT AN INTERESTED PARTY IN THE CASE; AND
4i         (ii) WAS NOT PREVIOUSLY ASSIGNED TO PRESIDE OVER ANY PROCEEDING OR TAKE ANY
4j     ADMINISTRATIVE ACTION RELATED TO THE CASE. s
5         S [(5)] (6) s If an order is appealed to the court of appeals after the party appealing the order
5a     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 S [66] 67 s . 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.

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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.

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24        Section S [67] 68 s . 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         [35A-3-802 (Effective 07/01/97)].     34A-1-305 (Effective 07/01/97). Orders of
27     commission -- Presumed lawful.
28        All orders of the [department] commission within its jurisdiction shall be presumed
29    reasonable and lawful until they are found otherwise in an action brought for that purpose, or until
30    altered or revoked by the [department] commission.
31        Section S [68] 69 s . Section 34A-1-306 (Effective 07/01/97), which is renumbered from Section

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1    35A-3-804 (Effective 07/01/97) is renumbered and amended to read:
2         [35A-3-804 (Effective 07/01/97)].     34A-1-306 (Effective 07/01/97). Orders not to be
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 [department] commission, and they [shall] may not be declared
6    inoperative, illegal, or void for any omission of a technical nature.
7        Section S [69] 70 s . 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         [35A-3-806 (Effective 07/01/97)].     34A-1-307 (Effective 07/01/97). Witnesses -- Oaths
10     -- Subpoena -- Certificates.
11        For the purposes mentioned in this [chapter] title, the [department shall have power to
12    administer oaths, certify to official acts, issue subpoenas, compel attendance of witnesses and the
13    production of papers, books, accounts, documents, and evidence] commission may take any action
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 S[70] 71 s . 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         [35A-3-807 (Effective 07/01/97)].     34A-1-308 (Effective 07/01/97). Depositions.
20        The [department] commission or any party may in any investigation cause depositions of
21    witnesses residing within or without the state to be taken as in civil actions.
22        Section S[71] 72 s . 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         [35A-3-805 (Effective 07/01/97)].     34A-1-309 (Effective 07/01/97). Attorneys' fees.
25        (1) In all cases coming before the [department] commission in which attorneys have been
26    employed, the [department] commission is vested with full power to regulate and fix the fees of
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.
    

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30a         S Section 73. Section 34A-1-310 (Effective 07/01/97),
30b     which is renumbered from Section 35A-3-808 (Effective 07/01/97) is renumbered and amended to read:
30c          [35A-3-808 (Effective 07/01/97)].        34A-1-310 (Effective 07/01/97) .   Record of proceedings
30d     before commission.
30e         [(1)] A [full and complete] record shall be kept of all proceedings before the [department]
30f     COMMISSION on any investigation IN ACCORDANCE WITH SECTION 34A-1-302. [Testimony shall be
30g     recorded and may be transcribed when required by the department for further analysis, investigation,
30h     hearing, or court proceedings.]
30i         [(2) Transcription requested by any party to the proceeding shall be provided at the requesting
30j     party's expense.] s
31        Section S [72] 74 s . Section 34A-1-401 (Effective 07/01/97), which is renumbered from
31a     Section


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1    35A-3-110 (Effective 07/01/97) is renumbered and amended to read:
2    
Part 4. Miscellaneous

3         [35A-3-110 (Effective 07/01/97)].     34A-1-401 (Effective 07/01/97). Attorney general
4     and county attorneys -- Duties.
5        [Upon the request of] If requested by the [department] commission, the attorney general[,]
6    or any county or district attorney[,] shall:
7        (1) institute and prosecute the necessary actions or proceedings for the enforcement of any
8    order of the [department] commission or of any of the provisions of this [chapter,] title; or
9        (2) defend any suit, action or proceeding brought against the [department] commission.
10        Section S [73] 75 s . Section 34A-1-402 (Effective 07/01/97), which is renumbered from
10a     Section
11    35A-3-112 (Effective 07/01/97) is renumbered and amended to read:
12         [35A-3-112 (Effective 07/01/97)].     34A-1-402 (Effective 07/01/97). Publication of
13     orders, rules, and rates.
14        (1) (a) The [department] commission shall [cause to be printed,] make available in proper
15    form for distribution to the public, its orders[, classifications,] and rules[, regulations and rules of
16    procedure,]; and [shall]
17        (b) furnish the [same] information made available under Subsection (1) to any person upon
18    request. [The expense of the publication shall be audited and paid as are other expenses of the
19    department.]
20        [(2) The director of finance shall publish the rates fixed by it for insurance in the Workers'
21    Compensation Fund of Utah.]
22        (2) The commission may in accordance with Section 63-2-203 charge a fee for furnishing
23    materials under this section.
24     Section S [74] 76 s . 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         [35A-3-116 (Effective 07/01/97)].     34A-1-403 (Effective 07/01/97). Judgments in
27     favor of commission -- Preference.
28        All judgments obtained in any action prosecuted by the [department] commission or [by]
29    the state under [the authority of] this [chapter] title shall have the same preference against the
30    assets of the employer as claims for taxes.
31     Section S [75] 77 s . Section 34A-1-404 (Effective 07/01/97), which is renumbered from Section
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1    35A-3-113 (Effective 07/01/97) is renumbered and amended to read:
2         [35A-3-113 (Effective 07/01/97)].     34A-1-404 (Effective 07/01/97). Injunction
3     prohibited.
4        (1) [No] An injunction [shall issue] may not be issued suspending or restraining:
5        (a) any order[, award, or classification adopted by the department,] by the commission or
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 [any of the provisions of]
9    this [chapter] title.
10        (2) Notwithstanding Subsection (1), this section does not affect:
11        (a) any right or defense in any action brought by the [department] commission or the state
12    in pursuance of authority contained in this [chapter] title; or
13        (b) the right any party of interest has to appeal a decision or final order of the commission.
14     Section S [76] 78 s . 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         [35A-3-111 (Effective 07/01/97)].     34A-1-405 (Effective 07/01/97). Employer's
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 [his] the employer's wage expenditure shall always be open for inspection by
20    the [department] commission, or any of its auditors, inspectors, or assistants, for the purpose of
21    ascertaining:
22        (a) the correctness of the wage expenditure[,];
23        (b) the number of individuals employed[,]; and [such]
24        (c) other information as may be necessary for the uses and purposes of the [department]
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 [department] commission, [he] the employer is
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 S [77] 79 s . 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:

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1         [35A-3-303 (Effective 07/01/97)].     34A-1-406 (Effective 07/01/97). Right of visitation.
2        (1) The [executive director] commissioner or the [executive director's] commissioner's
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[,] and safety[, and welfare] of the
7    employees in the place of employment[,]; and [may]
8        (b) bring to the attention of every employer any law, or any final order or rule of the
9    [department] commission, and any failure on the part of the employer to comply with the law, rule,
10    or final order.
11        (2) [No] An employer [shall] may not refuse to admit the [executive director]
12    commissioner or the [executive director's] commissioner's designee to [his] the employer's place
13    of employment.
14     Section S [78] 80 s . 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         [35A-3-304 (Effective 07/01/97)].     34A-1-407 (Effective 07/01/97). Investigation of
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[,] is not safe [or is injurious to the welfare of] for
20    any employee S OR IS IN VIOLATION OF STATE LAW s , the [department] commission shall [proceed,
20a     with or without notice, to make any
21    investigation as may be necessary to determine the matter complained of. After the investigation,
22    the department shall enter any order relative to the complaint as may be necessary to render the
23    employment or place of employment safe and not injurious to the welfare of the employees in the
24    place of employment.] refer the complaint for investigation and administrative action under:
25        (i) Chapter 2, Workers' Compensation Act;
26        (ii) Chapter 3, Utah Occupational Disease Act;
26a         S (iii) CHAPTER 5, UTAH ANTIDISCRIMINATION ACT; s
27         S [(iii)] (iv) s Chapter 6, Utah Occupational Safety and Health Act;
28         S [(iv)] (v) s Chapter 7, Safety; or
29         S [(v)] (vi) s any combination of Subsections (1)(a)(i) through S [(iv)] (v) s .
30        (b) For any Utah mine subject to the Federal Mine Safety and Health Act, the sole duty
31    of the [department shall be] commission is to notify the appropriate federal agency of the

Text Box

Amend on 2_goldenrod February 28, 1997
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1    complaint.
2        [(c) Whenever the department shall believe that any employment or place of employment
3    is not safe or is injurious to the welfare of any employee, it may, of its own motion, summarily
4    investigate the same, with or without notice, and issue any order as it may deem necessary to
5    render the employment or place of employment safe.]
6        (2) Notwithstanding any other penalty provided in this [chapter] title, if any employer,
7    after receiving notice, fails or refuses to obey the rules[, regulations,] or order of the [department]
8    commission relative to the protection of the life, health, or safety[, or welfare] of any employee,
9    the district court of Utah is empowered, upon petition of the [department] commission to issue,
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         [35A-3-307 (Effective 07/01/97)].     34A-1-408 (Effective 07/01/97). Investigations
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 [department shall have power to]
18    commission may appoint, [by an order] in writing, any competent person who is a resident of the
19    state, as an agent, whose duties shall be prescribed in the [order] written appointment.
20        (2) In the discharge of [his] the agent's duties, the agent shall have:
21        (a) every power of [an inquisitorial nature] investigation granted in this [chapter] title to
22    the [department,] commission; and
23        (b) the same powers as a referee appointed by a district court with regard to taking
24    evidence.
25        (3) The [department] commission may:
26        (a) conduct any number of the investigations contemporaneously through different
27    agents[,]; and [may]
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 [department] commission so orders.
31        Section 80. Section 34A-1-409 (Effective 07/01/97), which is renumbered from Section

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1    35A-3-115 (Effective 07/01/97) is renumbered and amended to read:
2         [35A-3-115 (Effective 07/01/97)].     34A-1-409 (Effective 07/01/97). Partial invalidity
3     -- Saving clause.
4        Should any section or provision of this [chapter] title be decided by the courts to be
5    unconstitutional or invalid the same shall not affect the validity of the [chapter] title as a whole or
6    any part of the [chapter] title other than the part so decided to be unconstitutional.
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    
CHAPTER 2. WORKERS' COMPENSATION ACT

10    
Part 1. General Provisions

11         [35A-3-101 (Effective 07/01/97)].     34A-2-101 (Effective 07/01/97). Title.
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         [35A-3-102 (Effective 07/01/97)].     34A-2-102 (Effective 07/01/97). Definition of
16     terms.
17        As used in this chapter:
18        (1) "Average weekly [earnings] wages" means the average weekly [earnings arrived at by
19    the rules provided in] wages as determined under Section [35A-3-409] 34A-2-409.
20        (2) "Award" means [the finding or decision] a final order of the [department] commission
21    as to the amount of compensation due:
22        (a) any injured[,] employee; or
23        (b) the dependents of any deceased[,] employee.
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.

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1        (5) "Director" means the director of the division, unless the context requires otherwise.
2        [(4)] (6) "Disability" means an administrative determination that may result in an
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        [(5) "General order" means an order applying generally throughout the state to all persons,
6    employments, or places of employment of a class under the jurisdiction of the department. All
7    other orders of the department shall be considered special orders.]
8        (7) "Division" means the Division of Industrial Accidents.
9        [(6)] (8) "Impairment" is a purely medical condition reflecting any anatomical or
10    functional abnormality or loss. Impairment may be either temporary or permanent, industrial or
11    nonindustrial.
12        [(7)] (9) "Order" means [any decision, rule, regulation, direction, requirement, or standard
13    of the department, or any other determination arrived at, or decision made, by the department.]
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        [(8)] (10) (a) "Personal injury by accident arising out of and in the course of employment"
17    includes any injury caused by the willful act of a third person directed against an employee
18    because of [his] the employee's employment.
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        [(9)] (11) "Safe" and "safety," as applied to any employment or place of employment,
22    means the freedom from danger to the life[,] or health[, or welfare] of employees reasonably
23    permitted by the nature of the employment.
24        [(10) "Welfare" means comfort, decency, and moral well-being.]
25        [(11)] (12) "Workers' Compensation Fund of Utah" means the nonprofit, quasi-public
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         [35A-3-103 (Effective 07/01/97)].     34A-2-103 (Effective 07/01/97). Employers
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

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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 [Section 35A-3-105] Sections 34A-2-105 and 34A-3-102,
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    [35A-3-201] 34A-2-201(1)(a) or (b) and [department] commission rules.
24        (b) Insurance carriers may underwrite [such a risk] workers' compensation secured in
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 [department] division as directed by commission
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;

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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 [has the right and option to] and Chapter 3, Utah Occupational
11    Disease Act, may come under [it] this chapter and Chapter 3, Utah Occupational Disease Act, by
12    complying with [its provisions] this chapter and Chapter 3, Utah Occupational Disease Act, and
13    the rules of the [department] commission.
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 [3a] 3, Utah Occupational Disease Act.
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    [35A-3-201] 34A-2-201 indicating that the partnership or sole proprietorship secured the payment
28    of workers' compensation benefits pursuant to Section [35A-3-201] 34A-2-201; or
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:

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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 [Chapters 1 and 2] this chapter and Chapter 3, Utah Occupational Disease Act, in the
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    [35A-3-104] 34A-2-104(4).
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    [35A-3-201] 34A-2-201; or
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 [3a] 3, Utah
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         [35A-3-104 (Effective 07/01/97)].     34A-2-104 (Effective 07/01/97). "Employee,"
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," [or "workmen,"] and "operative" mean:
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,

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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 [35A-3-103]
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 [his] the employee's employer.
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 [such] the wages [as are] paid employees for substantially similar work. The
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 [this] an election under Subsection (3)(a),
21    it shall serve written notice upon its insurance carrier naming the persons to be covered. [No] A
22    partner of a partnership or owner of a sole proprietorship [is] may not be considered an employee
23    of [their] the partner's partnership or the owner's sole proprietorship under this chapter or Chapter
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 [this] an election under Subsection (4)(a), it shall serve written
31    notice upon its insurance carrier naming the persons to be excluded from coverage. A director or

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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," [or "workman,"] and
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        [(a)] (i) substantially all of the real estate sales agent's or associated broker's income for
8    services is from real estate commissions;
9        [(b)] (ii) the services of the real estate sales agent or associated broker are performed under
10    a written contract specifying that the real estate agent is an independent contractor; and
11        [(c)] (iii) the contract states that the real estate sales agent or associated broker is not to
12    be treated as an employee for federal income tax purposes[.]; or
13        [(6) As used in this chapter, "employee," "worker" or "workman," and "operative" do not
14    include] (b) an offender performing labor under Section 64-13-16 or 64-13-19, except as required
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         [35A-3-105 (Effective 07/01/97)].     34A-2-105 (Effective 07/01/97). Exclusive remedy
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 [his] the employee's
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 [his] the employee's employment, and no action at law may be maintained against
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    [his] the employee's dependents, from filing a claim [with the department] for compensation in

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1    those cases [within] in accordance with Chapter [3a] 3, Utah Occupational Disease Act.
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         [35A-3-106 (Effective 07/01/97)].     34A-2-106 (Effective 07/01/97). Injuries or death
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 [shall
14    have been] or Chapter 3, Utah Occupational Disease Act is caused by the wrongful act or neglect
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, [his] the employee's dependents, may claim
17    compensation; and
18        (b) the injured employee or [his] the employee's heirs or personal representative may [also]
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 [his] the employee's heirs or the personal representative of the deceased[, provided
25    the].
26        (b) Notwithstanding Subsection (2)(a), an employer or insurance carrier may not settle and
27    release [the] a cause of action of which it is a trustee under Subsection (2)(a) without the consent
28    of the [department] commission.
29        (3) (a) Before proceeding against [the] a third party, to give a person described in
30    Subsections (3)(a)(i) and (ii) a reasonable opportunity to enter an appearance in the proceeding,
31    the injured employee[,] or, in case of death, [his] the employee's heirs, shall give written notice of

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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[, to give the person a
4    reasonable opportunity to enter an appearance in the proceeding].
5        (b) The injured employee, or, in case of death, [his] the employee's heirs, shall give written
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, [his] the
10    employee's heirs.
11        (4) For the purposes of this section and notwithstanding [the provisions of] Section
12    [35A-3-103] 34A-2-103, the injured employee or [his] the employee's heirs or personal
13    representative may also maintain an action for damages against [subcontractors, general
14    contractors, independent contractors, property owners or their lessees or assigns, not occupying
15    an employee-employer relationship with the injured or deceased employee at the time of his injury
16    or death.] any of the following persons who do not occupy an employee-employer relationship
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 [as follows:] in
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:

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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 [his] the employee's heirs in case
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 [35A-1-105]
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 [35A-3-105] 34A-2-105 or
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         [35A-3-107 (Effective 07/01/97)].     34A-2-107 (Effective 07/01/97). Appointment of
24     workers' compensation advisory council -- Composition -- Terms of members -- Duties --
25     Compensation.
26        (1) The [executive director of the department] commissioner shall appoint a workers'
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:

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1        (i) [three members, one representing] a representative of the Workers' Compensation Fund
2    of Utah[, one representing];
3        (ii) a representative of a private insurance carrier[,and one representing];
4        (iii) a representative of health care providers;
5        [(ii)] (iv) the Utah insurance commissioner; and
6        [(iii) each member of the Workforce Appeals Board; and]
7        [(iv)] (v) the [executive director] commissioner or the [executive director's]
8    commissioner's designee.
9        [(3)] (2) Employers and employees shall consider nominating members of groups who
10    historically may have been excluded from the council, such as women, minorities, and individuals
11    with disabilities.
12        [(4)] (3) (a) Except as required by Subsection [(4)] (3)(b), as terms of current council
13    members expire, the [executive director] commissioner shall appoint each new member or
14    reappointed member to a four-year term beginning July 1 and ending June 30.
15        (b) Notwithstanding the requirements of Subsection [(4)] (3)(a), the [executive director]
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        [(5)] (4) (a) When a vacancy occurs in the membership for any reason, the replacement
20    shall be appointed for the unexpired term.
21        (b) The [executive director] commissioner shall terminate the terms of any council
22    member who ceases to be representative as designated by [his] the member's original appointment.
23        [(6)] (5) The council shall confer at least quarterly for the purpose of advising the
24    [department] commission, the division [of Labor, Safety, and Program Regulation], and the
25    Legislature on the Utah workers' compensation and occupational disease laws, the administration
26    of them, and related rules.
27        [(7)] (6) The council shall offer advice on issues requested by the [department]
28    commission, the division [of Labor, Safety, and Program Regulation, the State Council on
29    Workforce Services], and the Legislature and also make recommendations to the [department and
30    the Division of Labor, Safety, and Program Regulation] commission and division regarding
31    workers' compensation, rehabilitation, and reemployment of employees who are disabled because

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1    of an industrial injury or occupational disease.
2        [(8)] (7) The [executive director] commissioner or the [executive director's]
3    commissioner's designee shall serve as the chair of the council and call the necessary meetings.
4        [(9)] (8) The [department] commission shall provide staff support to the council.
5        [(10)] (9) (a) (i) Members who are not government employees [shall] may not receive [no]
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         [35A-3-108 (Effective 07/01/97)].     34A-2-108 (Effective 07/01/97). Void agreements
19     between employers and employees.
20        (1) [No] Except as provided in Section 34A-2-420, an agreement by an employee to waive
21    [his] the employee's rights to compensation under this chapter [shall be] or Chapter 3, Utah
22    Occupational Disease Act, is not valid.
23        (2) [No] An agreement by an employee to pay any portion of the premium paid by his
24    employer [shall be] is not valid.
25        (3) Any employer who deducts any portion of [such] the premium from the wages or
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[,]; and
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:

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1         [35A-3-109 (Effective 07/01/97)].     34A-2-109 (Effective 07/01/97). Interstate and
2     intrastate commerce.
3        [The provisions of this] (1) Except as provided in Subsection (2), this chapter [shall] and
4    Chapter 3, Utah Occupational Disease Act, apply to employers and their employees engaged in:
5        (a) intrastate [and also in] commerce;
6        (b) interstate commerce; and
7        (c) foreign commerce [for whom a].
8        (2) If a rule of liability or method of compensation [has been or may be] is established by
9    the Congress of the United States[,] as to interstate or foreign commerce, this chapter and Chapter
10    3 apply only to the extent that [their]:
11        (a) this chapter and Chapter 3 has a mutual connection with intrastate work [may and shall
12    be]; and
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         [35A-3-114 (Effective 07/01/97)].     34A-2-110 (Effective 07/01/97). Workers'
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 [who has] is guilty of workers' compensation insurance fraud if that
26    person intentionally, knowingly, or recklessly, [devised]:
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[,]; and
31    [who intentionally, knowingly, or recklessly]

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1        (ii) communicates or causes a communication with another in furtherance of the scheme
2    or artifice[, is guilty of workers' compensation insurance fraud, which].
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    [35A-3-410] 34A-2-410 while working for gain.
23        (9) (a) Each insurer or self-insured employer who, in connection with [any provision of]
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

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1    and confinement in state prison." [This]
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         [35A-3-117 (Effective 07/01/97)].     34A-2-111 (Effective 07/01/97). Managed health
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 [utilize] use
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 [utilize] use a preferred health care facility as defined in Section 26-21-2 as
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

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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 [may] continue
5    to contract with other health care providers[,]; or [the employer may]
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 [utilizing] using a preferred provider program or having
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 [5] 5a, [Podiatrists] Podiatric Physician Licensing Act;
27        [(d)] (b) Title 58, Chapter 24a, Physical [Therapists] Therapist Practice Act[.];
28        (c) Title 58, Chapter 67, Utah Medical Practice Act;
29        (d) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
30        [(b)] (e) Title 58, Chapter [7] 69, [Dentists] Dentist and Dental [Hygienists] Hygienist
31    Practice Act;

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1        [(c) Title 58, Chapter 12, Practice of Medicine and Surgery and the Treatment of Human
2    Ailments; and]
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 [department] division.
9        (4) (a) In addition to managed health care plans, [insurance carriers] an insurance carrier
10    may require [employers who have] an employer to establish a work place safety program if the
11    employer:
12        (i) has an experience modification factor of 1.00 or higher, as determined by the National
13    Council on Compensation Insurance[,]; or [who may be]
14        (ii) is determined by the carrier to have a three-year loss ratio of 100% or higher[, to
15    establish a].
16        (b) A workplace safety program [which] may include:
17        [(a)] (i) a written workplace accident and injury reduction program that promotes safe and
18    healthful working conditions, which is based on clearly stated goals and objectives for meeting
19    those goals[. The program should describe:]; and
20        [(i) how managers, supervisors, and employees are responsible for implementing the
21    program and how continued participation of management will be established, measured, and
22    maintained;]
23        [(ii) the methods used to identify, analyze, and control new or existing hazards, conditions,
24    and operations;]
25        [(iii) how the program will be communicated to all employees so that they are informed
26    of work-related hazards and controls;]
27        [(iv) how workplace accidents will be investigated and corrective action implemented;
28    and]
29        [(v) how safe work practices and rules will be enforced; and]
30        [(b)] (ii) a documented review of the workplace accident and injury reduction program
31    each calendar year delineating how procedures set forth in the program are met.

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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        [(5)] (6) The premiums charged to any employer who fails or refuses to establish a
14    workplace safety program pursuant to Subsection (4)[(a) or ](b)(i) or (ii) may be increased by 5%
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

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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    
Part 2. Securing Workers' Compensation Benefits for Employees

5         [35A-3-201 (Effective 07/01/97)].     34A-2-201 (Effective 07/01/97). Employers to
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 [department] commission;
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 [department] commission; or
16        (c) by furnishing annually to the [department] division satisfactory proof of financial
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 [department] commission.
20        (2) (a) If an employer secures payment of workers' compensation benefits under
21    Subsection (1)(c), the [department] division may [in its discretion]:
22        (i) require the deposit of acceptable security, indemnity, or bond to secure the payment of
23    compensation liabilities as they are incurred[,]; and [may]
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 [department] division may in proper cases revoke any employer's privilege as
30    a self-insurer.
31        [(3) The department is authorized and empowered to maintain a suit in any court of the

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1    state to enjoin any employer, within the provisions of this chapter, from further operation of the
2    employer's business, where the employer has failed to provide for the payment of benefits in one
3    of the three ways provided in this section. Upon a showing of failure to so provide, the court shall
4    enjoin the further operation of the employer's business until the payment of these benefits has been
5    secured by the employer as required by this section. The court may enjoin the employer without
6    requiring bond from the department.]
7        [(4) If the department has reason to believe that an employer of one or more employees
8    is conducting a business without securing the payment of compensation in one of the three ways
9    provided in this section, the department may give such employer five days' written notice by
10    registered mail of the noncompliance and if the employer within the five days written notice does
11    not remedy the default, the department may file suit as provided in this section and the court is
12    empowered, ex parte, to issue without bond a temporary injunction restraining the further
13    operation of the employer's business.]
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         [35A-3-202 (Effective 07/01/97)].     34A-2-202 (Effective 07/01/97). Assessment on
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 [department] division under Section [35A-3-201] 34A-2-201 is authorized to pay
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) [An] Notwithstanding Subsection (1)(a), an employer whose total assessment
31    obligation under Subsection (1)(a) for the preceding year was $10,000 or more shall pay the

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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 [office of the
4    department] division for the purpose of computing and collecting any amounts described in this
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         [35A-3-203 (Effective 07/01/97)].     34A-2-203 (Effective 07/01/97). State department,
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         [35A-3-207 (Effective 07/01/97)].     34A-2-204 (Effective 07/01/97). Compliance with
16     chapter -- Notice to employees.
17        (1) Each employer providing insurance, or electing directly to pay compensation to [his]
18    the employer's injured workers, or the dependents of [his] the employer's killed employees, in
19    accordance with this chapter and Chapter 3, Utah Occupational Disease Act, shall post in
20    conspicuous places about [his] the employer's place of business typewritten or printed notices
21    stating, that:
22        (a) [he] the employer has complied with this chapter and Chapter 3, Utah Occupational
23    Disease Act, and all the rules of the [department] commission made under this chapter and Chapter
24    3, Utah Occupational Disease Act; and
25        (b) if such is the case, that [he] the employer has been authorized by the [department]
26    division directly to compensate [such] the employees or dependents.
27        (2) The notice required in Subsection (1) when posted in accordance with Subsection (1),
28    shall constitute sufficient notice to [his] the employer's employees of the fact that [he] the
29    employer has complied with the law as to securing compensation to [his] the employer's
30    employees and their dependents.
31        Section 97. Section 34A-2-205 (Effective 07/01/97), which is renumbered from Section

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1    35A-3-205 (Effective 07/01/97) is renumbered and amended to read:
2         [35A-3-205 (Effective 07/01/97)].     34A-2-205 (Effective 07/01/97). Notification of
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 [department] division or its designee within 30 days after the inception
8    date of the policy [on forms] in the form prescribed by the [department] division. These policies
9    will be in effect from inception until canceled by filing with the [department] division or its
10    designee a notification of cancellation [on forms] in the form prescribed by the [department]
11    division within ten days after the cancellation of a policy.
12        (b) Failure to notify the [department] division or its designee under Subsection (1)(a) will
13    result in the continued liability of the carrier until the date that notice of cancellation is received
14    by the [department] division or its designee.
15        [(b)] (c) Filings shall be made within 30 days of:
16        (i) the reinstatement of a policy[,];
17        (ii) the changing or addition of a name or address of the insured[,]; or
18        (iii) the merger of an insured with another entity.
19        [(c)] (d) All filings shall include:
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[,]; and [after
24    July 1, 1987,]
25        (v) all federal employer identification numbers or federal tax identification numbers.
26        [(d)] (2) Noncompliance with this section is grounds for revocation of an insurance
27    carrier's certificate of authority in addition to the grounds specified in Title 31A, Insurance Code.
28        [(2)] (3) The [department] division may assess an insurer up to $150, payable to the
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:

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1         [35A-3-206 (Effective 07/01/97)].     34A-2-206 (Effective 07/01/97). Furnishing
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 [department] division, upon request, all
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    [department] division a statement containing the following information:
9        [(a)] (i) the number of persons employed during the preceding year from July 1, to June
10    30, inclusive;
11        [(b)] (ii) the number of the persons employed at each kind of employment;
12        [(c)] (iii) the scale of wages paid in each class of employment, showing the minimum and
13    maximum wages paid; and
14        [(d)] (iv) the aggregate amount of wages paid to all employees.
15        (2) (a) The information required under Subsection (1) shall be furnished [on blanks on a
16    form prepared by the department and furnished to employers free of charge upon request] in the
17    form prescribed by the division.
18        (b) Every employer shall [properly fill out the blanks so as to]:
19        (i) answer fully and correctly all questions [on the form,] and [shall] give all the
20    information sought [in the form,] by the division under Subsection (1); or[,]
21        (ii) if unable to [do so] comply with Subsection (2)(b)(i), [the employer shall] give to the
22    [department] division, in writing, good and sufficient reasons for the failure.
23        (3) (a) The [department] division may require the information required to be furnished by
24    this chapter [to be furnished] or Chapter 3, Utah Occupational Disease Act, to be made under oath
25    and returned to the [department] division within the period fixed by it or by law.
26        (b) The [department] division, or any person employed by the [department] division for
27    that purpose, shall have the right to examine, under oath, any employer, [his] or the employer's
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 [department]
30    division.
31        (4) (a) [Any] The division may seek a penalty of not to exceed $500 for each offense to

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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 [department] division and after the receipt
4    of written notice signed by the [executive] director or the [executive] director's designee specifying
5    the information demanded and served by certified mail, refuses to furnish to the [department]
6    division:
7        (A) the annual statement required by this section[,]; or [who refuses to furnish]
8        (B) other information as may be required by the [department] division under this
9    section[,]; or [who]
10        (ii) willfully furnishes a false or untrue statement [shall be liable to a penalty of not to
11    exceed $500 for each offense to be recovered in a civil action brought by and in the name of the
12    department].
13        (b) All penalties [when] collected under Subsection (4)(a) shall be paid into the Employers'
14    Reinsurance Fund created in Section [35A-3-702] 34A-2-702.
15        [(b) If the information being requested under this section is requested as part of an appeal
16    to the Workforce Appeals Board, at least two members of the Workforce Appeals Board shall sign
17    the notice specifying the information demanded.]
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         [35A-3-209 (Effective 07/01/97)].     34A-2-207 (Effective 07/01/97). Noncompliance
21     -- Penalty.
22        (1) (a) Employers who [shall] fail to comply with Section [35A-3-201 shall] 34A-3-201
23    are not [be] entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease Act,
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    [where] when death results from such injuries.
29         (b) In any [such] action described in Subsection (1)(a), the defendant [shall] may not avail
30    himself of any of the following defenses:
31        [(a)] (i) the fellow-servant rule;

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1        [(b)] (ii) assumption of risk; or
2        [(c)] (iii) contributory negligence.
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 [35A-3-201] 34A-2-201 is subject to
7    Sections [35A-3-210] 34A-2-208 and [35A-3-211] 34A-2-212.
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         [35A-3-210 (Effective 07/01/97)].     34A-2-208 (Effective 07/01/97). Rights of
13     employees where employer fails to comply.
14        (1) Any employee, [whose] or the employee's dependents if death has ensued, may, in lieu
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 [has] failed to comply with Section [35A-3-201, who]
19    34A-2-201;
20        (b) the employee has been injured by accident arising out of or in the course of [his] the
21    employee's employment, wherever the injury occurred[, if the same]; and
22        (c) the injury described in Subsection (1)(b) was not purposely self-inflicted[, or his
23    dependents in case death has ensued, may, in lieu of proceeding against his employer by civil
24    action in the courts as provided in Section 35A-3-209, file his application with the department for
25    compensation in accordance with the terms of this chapter].
26        (2) [The department shall hear and determine the] An application for compensation [as in
27    other cases.] filed under Subsection (1) shall be treated by the commission, including for purposes
28    of appeal to the commissioner or Appeals Board, as an application for hearing under Section
29    34A-2-801.
30        (3) [The amount of compensation that] (a) If an application for compensation is filed
31    under Subsection (1), in accordance with Part 8, Adjudication, the [department may ascertain and]

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1    commission shall determine [to be] the award due to:
2        (i) the injured employee[,]; or [his]
3        (ii) the employee's dependents in case death has ensued[, shall be paid by the].
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 [compensation as fixed and] award determined [by the department] under
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         [35A-3-208 (Effective 07/01/97)].     34A-2-209 (Effective 07/01/97). Employer's
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 [the provisions of] Section [35A-3-201] 34A-2-201 is guilty
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 [35A-3-704] 34A-2-704 and used
19    for the purposes of that fund.
20        (c) If the [department has sent] division sends written notice of noncompliance by certified
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    [department] division proof of compliance, the notice and failure to provide proof constitutes
24    prima facie evidence that the employer, corporation, or officers [were] are in violation of this
25    section.
26        (2) (a) (i) If the [department] division has reason to believe that an employer [of one or
27    more employees] is conducting business without securing the payment of compensation in one of
28    the three ways provided in Section [35A-3-201] 34A-2-201, the [department] division may give
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,

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1    provide to the [department] division proof of compliance, the employer and every officer of an
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 [35A-3-704] 34A-2-704 and used
6    for the purposes of that fund.
7        (3) All forms and records kept by the [department] division or its designee pursuant to
8    Section [35A-3-205] 34A-2-205 are admissible as evidence to establish noncompliance under this
9    section.
10        (4) The [department] commission or division on behalf of the commission is authorized
11    [and empowered] to prosecute or request the attorney general or district attorney to prosecute a
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

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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         [35A-3-204 (Effective 07/01/97)].     34A-2-211 (Effective 07/01/97). Notice of
5     noncompliance to employer -- Enforcement power of division -- Penalty.
6        (1) (a) In addition to the remedies specified in Section [35A-3-201] 34A-2-210, if the
7    [department] division has reason to believe that an employer [of one or more employees] is
8    conducting business without securing the payment of benefits in one of the three ways provided
9    in Section [35A-3-201] 34A-2-201, the [department] division may give that employer written
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 [department] division may issue an order requiring the employer to appear before the
13    [department] division and show cause why the employer should not be ordered to comply with
14    Section [35A-3-201] 34A-2-201.
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 [35A-3-201] 34A-3-201, the [department] division may
17    [order] require any employer to comply with Section [35A-3-201] 34A-2-201.
18        (2) (a) In addition to the remedies specified in Subsection (1) and Section [35A-3-201]
19    34A-2-210, the [department] division may impose a penalty against the employer of the greater
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) [The] For purposes of Subsection (2)(a)(ii), the premium is calculated by applying rates
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.

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1        (3) The penalty imposed under Subsection (2) shall be deposited in the Uninsured
2    Employers' Fund created by Section [35A-3-704] 34A-2-704 and used for the purposes of that
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    [15] 30 days of the date of issuance of the [order] administrative action imposing the penalty or
7    the [order] administration action becomes a final order of the commission.
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 [order] decision under Subsection (4) may be reviewed
12    pursuant to Part 8, Adjudication.
13        (5) (a) After a penalty [order] has been issued and becomes a final[,] order of the
14    commission the [department] division on behalf of the commission may file an abstract for any
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[,]; and
20        (iv) court costs.
21        (c) The filed abstract shall have the effect of a judgment of that court.
22        (6) Any [order] administrative action issued by the [department] division under this section
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 [order] administrative action of the [department] division; 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 [department] commission under this section, upon application
29    by the [department] division on behalf of the commission made on or after the effective date of
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.

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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         [35A-3-211 (Effective 07/01/97)].     34A-2-212 (Effective 07/01/97). Docketing awards
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[, and must].
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 [so] filed and docketed under Subsections (1)(a) and (b), the [award] order shall
12    constitute a lien from the time of [such] the docketing upon the real property of the employer
13    situated in the county, for a period of eight years from the date of the [award] order unless
14    [previously] the award provided in the final order is satisfied during the eight-year period.
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) [In cases where] (a) If the employer was uninsured at the time of the injury, the
18    county attorney for the county in which the applicant or the employer resides, depending on the
19    district in which the final [award] order is docketed, shall enforce the judgment when requested
20    by the [department] commission or division on behalf of the commission. [Where the]
21        (b) In an action to enforce [a judgment is initiated by other counsel,] an order docketed
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    
Part 3. Protection of Life, Health, and Safety

27         [35A-3-301 (Effective 07/01/97)].     34A-2-301 (Effective 07/01/97). Places of
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

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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 [and follow] orders of the [department] commission;
5        (f) fail to obey rules of the commission;
6        [(f)] (g) fail to adopt and use methods and processes reasonably adequate to render the
7    employment and place of employment safe; or
8        [(g)] (h) fail or neglect to do every other thing reasonably necessary to protect the life,
9    health, and safety[, and welfare] of the employer's employees.
10        (2) [When] Compensation as provided in this Chapter 3, shall be increased 15%, except
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 [or];
14        (b) a rule of the commission;
15        (c) any lawful order of the [department] commission; or
16        (d) the employer's own written workplace safety program[, compensation as provided for
17    in this chapter shall be increased 15%, except in case of injury resulting in death].
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         [35A-3-302 (Effective 07/01/97)].     34A-2-302 (Effective 07/01/97). Employee's willful
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 [his] the employer's employment or place of employment; or
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[, and welfare] of employees.
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

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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), [no] disability compensation [shall] may
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    
Part 4. Compensation and Benefits

16         [35A-3-401 (Effective 07/01/97)].     34A-2-401 (Effective 07/01/97). Compensation for
17     industrial accidents to be paid.
18        (1) Each employee described in Section [35A-3-104] 34A-2-104 who is injured and the
19    dependents of each such employee who is killed, by accident arising out of and in the course of
20    [his] the employee's employment, wherever such injury occurred, if the accident was not purposely
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         [35A-3-402 (Effective 07/01/97)].     34A-2-402 (Effective 07/01/97). Mental stress
30     claims.
31        (1) Physical, mental, or emotional injuries related to mental stress arising out of and in the

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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         [35A-3-403 (Effective 07/01/97)].     34A-2-403 (Effective 07/01/97). Dependents --
22     Presumption.
23        (1) The following persons shall be presumed to be wholly dependent for support upon a
24    deceased employee:
25        (a) [children] a child under [the age of] 18 years of age, or over if the child is physically
26    or mentally incapacitated and dependent upon the parent, with whom [they are] the child is living
27    at the time of the death of the parent, or who is legally bound for [their] the child's support; and
28        (b) for purposes of payments to be made under Subsection [35A-3-702(2)]
29    34A-2-702(5)(a)(i), a surviving spouse [shall be presumed to be wholly dependent upon a spouse]
30    with whom the [surviving spouse] deceased employee lived at the time of the employee's death.
31        (2) (a) In a case not provided for in Subsection (1), the question of dependency, in whole

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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 [35A-3-702] 34A-2-702(5)(a)[(iii)](iv). [No]
4        (b) A person [shall] may not be considered as a dependent unless that person is:
5        (i) a member of the family of the deceased employee[, or is];
6        (ii) the spouse of the deceased employee[,];
7        (iii) a lineal descendant[,] or ancestor[,] of the deceased employee; or
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) "[Brother] brother or sister" includes a half brother or sister[.]; and
11        (b) "[Child] child" includes:
12        (i) a posthumous child[, and]; or
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         [35A-3-404 (Effective 07/01/97)].     34A-2-404 (Effective 07/01/97). Injuries to minors.
17        (1) A minor [shall be deemed] is considered sui juris for the purposes of this chapter and
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         [35A-3-405 (Effective 07/01/97)].     34A-2-405 (Effective 07/01/97). Employee injured
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, [he] the employee, or [his] the employee's dependents in case
30    of [his] the employee's death, shall be entitled to compensation according to the law of this state.
31        (2) This section applies only to those injuries received by the employee within six months

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1    after leaving this state, unless prior to the expiration of the six-month period the employer has filed
2    with the [department] division notice that [he] the employer has elected to extend such coverage
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         [35A-3-406 (Effective 07/01/97)].     34A-2-406 (Effective 07/01/97). Exemptions from
7     chapter for employees temporarily in state -- Conditions -- Evidence of insurance.
8        (1) Any employee who has been hired in another state and [his] the employee's employer
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 [his] the employee's employer if:
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 [such] a carrier and is able to furnish workers' compensation
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 [his] the employer's employees while working in this
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         [35A-3-407 (Effective 07/01/97)].     34A-2-407 (Effective 07/01/97). Reporting of

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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 [his] the employee's employer or the [department]
7    division within 180 days of an injury is barred for any claim of benefits arising from the injury.
8        (3) [An] The following constitute notification of injury:
9        (a) an employer's or physician's injury report filed with the [department] division,
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[, constitutes notification of an injury].
13        (4) (a) [On forms or by methods] In the form prescribed by the [department] division, each
14    employer shall file a report with the [department] division of any:
15        (i) work-related fatality; or [any]
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[,]; or
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        [(b)] (c) Each employer shall file a subsequent report with the [department] division of any
28    previously reported injury that later resulted in death. The subsequent report shall be filed with
29    the [department] division within seven days following:
30        (i) the death; or
31        (ii) the employer's first knowledge or notification of the death. [No]

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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 [department] division.
4        (5) Each employer shall provide the employee with:
5        (a) a copy of the report submitted to the [department. The employer shall also provide the
6    employee with] division; and
7        (b) a statement, as prepared by the [department] division, of the employee's rights and
8    responsibilities related to the industrial injury.
9        (6) Each employer shall maintain a record in a manner prescribed by the [department]
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[,]; or
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 [department] division as required by this section is guilty of a class C
20    misdemeanor and subject to citation under Section [35A-6-302] 34A-6-302 and a civil assessment
21    as provided under Section [35A-6-307] 34A-6-307, unless the [department] division finds that the
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 [department] commission; and
27        (ii) make reports to the [department] division at any and all times as required as 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 [35A-3-117] 34A-2-111(2), who is associated
31    with, employed by, or bills through a hospital is subject to Subsection (8)(a).

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1        (c) A hospital is not subject to the requirements of Subsection (8)(a).
2        (d) The [department's] commission's schedule of fees may reasonably differentiate
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[,]; and
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 [the department,]:
14        (a) the division;
15        (b) the employee[,]; and
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 [department] division finds that there is good cause for submitting a late
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         [35A-3-408 (Effective 07/01/97)].     34A-2-408 (Effective 07/01/97). Compensation --
24     None for first three days after injury unless disability extended.
25         (1) (a) Except as provided in Subsection [(2)] (1)(b), [no] compensation [shall] may not
26    be allowed for the first three days after the injury is received[, except the].
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.

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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         [35A-3-409 (Effective 07/01/97)].     34A-2-409 (Effective 07/01/97). Average weekly
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 [shall be taken as]
7    is the basis upon which to compute the weekly compensation rate and shall be determined as
8    follows:
9        (a) [If] if at the time of the injury the wages are fixed by the year, the average weekly wage
10    shall be that yearly wage divided by 52[.];
11        (b) [If] if at the time of the injury the wages are fixed by the month, the average weekly
12    wage shall be that monthly wage divided by 4-1/3[.];
13        (c) [If] if at the time of the injury the wages are fixed by the week, that amount shall be
14    the average weekly wage[.];
15        (d) [If] if at the time of the injury the wages are fixed by the day, the weekly wage shall
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[. In no case shall the daily wage be multiplied by less than]; or
20        (ii) three [for the purpose of determining the weekly wage.] days;
21        (e) [If] if at the time of the injury the wages are fixed by the hour, the average weekly
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[. In no case shall the hourly wage be multiplied by less than]; or
25        (ii) 20 [for the purpose of determining the weekly wage.] hours;
26        (f) [If] if at the time of the injury the hourly wage has not been fixed or cannot be
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) [If] if at the time of the injury the wages are fixed by the output of the employee,
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

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1    employer in the first, second, third, or fourth period of 13 consecutive calendar weeks in the 52
2    weeks immediately preceding the injury[.]; or
3        (ii) [If] if the employee has been employed by that employer less than 13 calendar weeks
4    immediately preceding the injury, [his] the employee's average weekly wage shall be computed
5    as under Subsection (1)(g)(i), presuming the wages, not including overtime or premium pay, to be
6    the amount [he] the employee would have earned had [he] the employee been so employed for the
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 [department] commission shall use such other method as will, based on 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 [has been] is computed, it shall be
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 [his] the employee's wages would be expected to increase,
18    that fact may be considered in arriving at [his] the employee's average weekly wage.
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         [35A-3-410 (Effective 07/01/97)].     34A-2-410 (Effective 07/01/97). Temporary
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 [so long as the
25    disability is total,] but:
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.

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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 [3a] 3, Utah
8    Occupational Disease Act, shall be determined by the [department] commission as follows:
9        (a) On or before June 1 of each year, the total wages reported on contribution reports to
10    the Division of [Employment Development] Workforce Information and Payment Services for
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[,]; and
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         [35A-3-411 (Effective 07/01/97)].     34A-2-411 (Effective 07/01/97). Temporary partial
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

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1    does not exceed 100% of the state average weekly wage at the time of injury.
2        (2) The [department] commission may [make] order an award for temporary partial
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 [35A-3-417] 34A-2-417.
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         [35A-3-412 (Effective 07/01/97)].     34A-2-412 (Effective 07/01/97). Permanent partial
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 [35A-3-417] 34A-2-417 may
16    receive a permanent partial disability award from the [department] commission.
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 [following] injuries described in Subsections (4) through (6), 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[, to be].
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 [stated
28    against such injuries respectively,] provided for in this section; and [shall be]
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

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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

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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        [(c)] (5) Permanent and complete loss of use shall be deemed equivalent to loss of the
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 [paragraph, however, shall] Subsection (5) does not apply to the items listed
30    in [(3)(b)(iv)] Subsection (4)(b)(iv).
31        [(4)] (6) (a) For any permanent impairment caused by an industrial accident that is not

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1    otherwise provided for in the schedule of losses in this section, permanent partial disability
2    compensation shall be awarded by the [department] commission based on the medical evidence.
3        (b) Compensation for any [such] impairment described in Subsection (6)(a) shall, as
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 [in any case]:
6        (i) exceed 312 weeks, which shall be considered the period of compensation for permanent
7    total loss of bodily function[. Permanent partial disability compensation may not]; and
8        (ii) be paid for any permanent impairment that existed prior to an industrial accident.
9        [(5)] (7) The amounts specified in this section are all subject to the limitations as to the
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         [35A-3-413 (Effective 07/01/97)].     34A-2-413 (Effective 07/01/97). Permanent total
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 [department] commission shall
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;

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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 [department] commission, but is not binding and creates no presumption of an entitlement
11    under this chapter and Chapter [3a] 3, Utah Occupational Disease Act.
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) [Compensation] compensation per week may not be more than 85% of the state
16    average weekly wage at the time of the injury[.];
17        (b) [Compensation] compensation per week may not be less than the sum of $45 per week,
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[.]; and
22        (c) [After] after the initial 312 weeks, the minimum weekly compensation rate under
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 [35A-3-703] 34A-2-703 as in effect on
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 [35A-3-410]

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1    34A-2-410 through [35A-3-412] 34A-2-412 and Sections [35A-3-501] 34A-2-501 through
2    [35A-3-507] 34A-2-507 in excess of the amount of compensation payable over the initial 312
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 [his] the employee's employer, its
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    [35A-3-703] 34A-2-703.
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 [35A-3-410]
21    34A-2-410 through [35A-3-412] 34A-2-412 and Sections [35A-3-501] 34A-2-501 through
22    [35A-3-507] 34A-2-507, in excess of the amount of compensation payable over the initial 312
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

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1    of 50% of the Social Security retirement benefits received by the employee during the same period.
2        (6) (a) A finding by the [department] commission of permanent total disability is not final,
3    unless otherwise agreed to by the parties, until:
4         (i) [the department] an administrative law judge reviews a summary of reemployment
5    activities undertaken pursuant to Chapter [9, Part 2] 8, Utah Injured Worker Reemployment Act;
6        (ii) the employer or its insurance carrier submits to the [department] administrative law
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    [department] administrative law judge notice that the employer or its insurance carrier will not
10    submit a plan; and
11        (iii) the [department] administrative law judge, after notice to the parties, holds a hearing,
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 [department] administrative law judge shall
15    order:
16        (i) the initiation of permanent total disability compensation payments to provide for the
17    employee's subsistence[. The department shall order]; and
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 [3a] 3, Utah Occupational Disease Act.
22        [(c) The department may not order an] (d) An employer or its insurance carrier may not
23    be ordered to submit a reemployment plan. If the employer or its insurance carrier voluntarily
24    submits a plan[:], the plan is subject to Subsections (6)(d)(i) through (iii).
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

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1    cause for the [department] administrative law judge on [its] the administrative law judge's own
2    motion to [order] make a final [finding] decision of permanent total disability.
3        [(d)] (e) If a preponderance of the evidence shows that successful rehabilitation is not
4    possible, the [department] administrative law judge shall order that the employee be paid weekly
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 [the department] a final order of the commission based on the
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 [department] commission shall[: (i)] establish rules regarding the part-time
25    work and offset[; and].
26        (ii) [adjudicate] The adjudication of disputes arising under Subsection (7) is governed by
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 [department] administrative law judge may:
31        (i) excuse an employee from participation in any job that would require the employee to

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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 [the department] an administrative law judge, an employee is not
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    [department] administrative law judge shall dismiss without prejudice the claim for benefits of an
13    employee [who] if the administrative law judge finds that the employee fails to fully cooperate,
14    unless the [department] administrative law judge states specific findings on the record justifying
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;

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1        (v) employee certification of compliance with Section [35A-3-114] 34A-2-110; and
2        (vi) employee completion of sworn affidavits or questionnaires approved by the
3    [department] division.
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, [the department] an administrative law judge may order the suspension of
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 [department] Division
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, [the department]
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 [35A-3-805] 34A-1-309, the [department] administrative
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.

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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 S [120] 122 s . 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         [35A-3-414 (Effective 07/01/97)].     34A-2-414 (Effective 07/01/97). Benefits in case
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 [such] one or more of the dependents
13    of the decedent for the benefit of all the dependents, as may be determined by [the department,
14    which] an administrative law judge.
15        (b) The administrative law judge may apportion the benefits among the dependents in
16    [such] the manner [as it] that the administrative law judge considers just and equitable.
17        (c) Payment to a dependent subsequent in right may be made, if the [department] S [division]
17a     ADMINISTRATIVE LAW JUDGE s
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    [department] administrative law judge.
22        (3) In all cases of death [where] when:
23        (a) the dependents are a surviving spouse and one or more minor children, it shall be
24    sufficient for the [widow or widower] surviving spouse to make application to the [department]
25    Division of Adjudication on behalf of that individual and the minor children; and [in cases where]
26        (b) all of the dependents are minors, the application shall be made by the guardian or next
27    friend of [such] the minor dependents.
28        (4) The [department] administrative law judge may, for the purpose of protecting the rights
29    and interests of any minor dependents [it deems] the administrative law judge considers incapable
30    of doing so, provide a method of safeguarding any payments due [them] the minor dependents.
31        (5) Should any dependent of a deceased employee die during the period covered by [such]


Text Box

Amend on 2_goldenrod February 28, 1997
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1    weekly payments authorized by this section, the right of [such] the deceased dependent to
2    compensation under this chapter or Chapter 3, Utah Occupational Disease Act, shall cease.
3        (6) [Should] (a) If a surviving spouse, who is a dependent of a deceased employee and
4    who is receiving the benefits of this chapter [remarry] or Chapter 3 remarries, that individual's sole
5    right after [such] the remarriage[,] to further payments of compensation shall be the right to receive
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[, but in
9    no event shall such amount exceed]; or
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    [the department] an administrative law judge may determine, for the use and benefit of the other
15    dependents[, the].
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         [35A-3-415 (Effective 07/01/97)].     34A-2-415 (Effective 07/01/97). Increase of award
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        [In all cases where] If an award is made to, or increased because of a dependent spouse or
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 [those]
29    the provisions in Section 34A-3-414 relative to the remarriage of a spouse [as provided in Section
30    35A-3-414].
31        Section 122. Section 34A-2-416 (Effective 07/01/97), which is renumbered from Section

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1    35A-3-416 (Effective 07/01/97) is renumbered and amended to read:
2         [35A-3-416 (Effective 07/01/97)].     34A-2-416 (Effective 07/01/97). Additional
3     benefits in special cases.
4        [If any wholly dependent persons, who have been receiving the benefits of this chapter,]
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 [such] the benefits [are yet]:
8        (a) the wholly dependent person is still in a dependent condition[,]; and
9        (b) under all reasonable circumstances the wholly dependent person should be entitled to
10    additional benefits[, the department may, in its discretion, extend indefinitely such benefits; but].
11        (2) If benefits are extended under Subsection (1):
12        (a) the liability of the employer or insurance carrier involved [shall] may not be
13    extended[,]; and
14        (b) the additional benefits allowed shall be paid out of the [special fund provided for in
15    Subsection 35A-3-702(1)] Employer's Reinsurance Fund created in Subsection 34A-2-702(1).
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         [35A-3-417 (Effective 07/01/97)].     34A-2-417 (Effective 07/01/97). Claims and
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[,]; and
24        (b) submit [those] the medical expenses incurred to [his] the employee's employer or
25    insurance carrier for payment[, for a period of three consecutive years].
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 [department] Division of Adjudication
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.

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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         [35A-3-418 (Effective 07/01/97)].     34A-2-418 (Effective 07/01/97). Awards --
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) [The department] An administrative law judge may require the employer or insurance
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) [The department] An administrative law judge may, in unusual cases, order, as the
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 [as the department considers just and
22    proper].
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         [35A-3-419 (Effective 07/01/97)].     34A-2-419 (Effective 07/01/97). Agreements in
26     addition to compensation and benefits.
27        (1) (a) Subject to the approval of the [department] division, any employer securing the
28    payment of workers' compensation benefits for its employees under Section [35A-3-201]
29    34A-2-201 may enter into or continue any agreement with [his] the employer's employees to
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.

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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 [department, after
5    a hearing on reasonable notice to the interested parties,] division if:
6        (A) it appears that the agreement is not fairly administered[, or if];
7        (B) its operation discloses defects threatening its solvency[,]; or [if]
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 [department] division shall determine the proper
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) [However, subject] Subject to the supervision of the [department] division, nothing in
23    this chapter or Chapter 3, Utah Occupational Disease Act, may be construed as preventing the
24    employer and [his] the employer's employees from entering into mutual contracts and agreements
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, [his] the employer's employees, the payments or assessments may not be more or

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1    greater than necessary to make these benefits self-supporting for the care and treatment of [his] the
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 [department] division as to services and treatment rendered to the employees.
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         [35A-3-420 (Effective 07/01/97)].     34A-2-420 (Effective 07/01/97). Continuing
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 [department] commission over each case shall
12    be continuing. [The department, after]
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 [its] a
15    former [findings and orders] finding or order of the commission.
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    [35A-3-417] 34A-2-417, may be destroyed at the discretion of the [department] commission.
24        (3) Awards made by [the department] a final order of the commission shall include interest
25    at the rate of 8% per annum from the date when each benefit payment would have otherwise
26    become due and payable.
27        [(4) (a) This section may not be interpreted as modifying in any respect the statutes of
28    limitations contained in other sections of this chapter or Chapter 3a, Utah Occupational Disease
29    Act.]
30        [(b) The department has no power to change the statutes of limitation referred to in
31    Subsection (4)(a) in any respect.]

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1        [(5)] (4) Notwithstanding Subsection (1) and Section [35A-3-108] 34A-2-108, [the
2    department] an administrative law judge shall review and may approve the agreement of the parties
3    to enter into a full and final:
4        (a) compromise settlement of disputed medical, disability, or death benefit entitlements
5    under this chapter [and] or Chapter [3a] 3, Utah Occupational Disease Act; or
6        (b) commutation and settlement of reasonable future medical, disability, or death benefit
7    entitlements under this chapter [and] or Chapter [3a] 3 by means of a lump sum payment,
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         [35A-3-421 (Effective 07/01/97)].     34A-2-421 (Effective 07/01/97). Lump-sum
12     payments.
13        [The department] An administrative law judge, under special circumstances and when the
14    same is deemed advisable, may commute [periodical] periodic benefits to one or more lump-sum
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         [35A-3-422 (Effective 07/01/97)].     34A-2-422 (Effective 07/01/97). Compensation
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    
Part 5. Industrial Noise

25         [35A-3-501 (Effective 07/01/97)].     34A-2-501 (Effective 07/01/97). Harmful
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

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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        [(2) "Harmful industrial noise" also means sound that results in acoustic trauma such as
13    sudden instantaneous temporary noise or impulsive or impact noise exceeding 140 dB peak sound
14    pressure levels.]
15        [(3)] (2) "Loss of hearing" [is defined as] means binaural hearing loss measured in decibels
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 S [130] 132 s . 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         [35A-3-502 (Effective 07/01/97)].     34A-2-502 (Effective 07/01/97). Intensity tests.
22        (1) The [department] S [ division] COMMISSION s may conduct tests to determine the
22a     intensity of noise at
23    places of employment. [The]
24        (2) An administrative law judge may consider [such] tests conducted by the S [division]
24a     COMMISSION s , and
25    any other tests taken by authorities in the field of sound engineering, as evidence of harmful
26    industrial noise.
27     Section S [131] 133 s . 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         [35A-3-503 (Effective 07/01/97)].     34A-2-503 (Effective 07/01/97). Loss of hearing
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


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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) [No] A claim for compensation for hearing loss for harmful industrial noise [shall] may
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 [35A-3-501] 34A-2-501 while employed by the
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         [35A-3-504 (Effective 07/01/97)].     34A-2-504 (Effective 07/01/97). Loss of hearing
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 [shall] may not be liable for the prior hearing loss
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         [35A-3-505 (Effective 07/01/97)].     34A-2-505 (Effective 07/01/97). Loss of hearing
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. [Where]
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 [department]

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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 S [134] 136 s . 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         [35A-3-506 (Effective 07/01/97)].     34A-2-506 (Effective 07/01/97). Loss of hearing
7     -- Time for filing claim.
8        An employee's occupational hearing loss [must] shall be reported to the employer pursuant
9    to Section [35A-3-407] 34A-2-407 within 180 days of the date the employee:
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 S [135] 137 s . 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         [35A-3-507 (Effective 07/01/97)].     34A-2-507 (Effective 07/01/97). Measuring
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 [department]
20     S [division] COMMISSION s , as measured from 0 decibels on an audiometer calibrated to
20a     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[, then];
31        (b) adding the amount under Subsection (3)(a) with the percentage of hearing loss in the


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1    poorer ear[,]; and
2        (c) dividing the number calculated under Subsection (3)(b) by six. [The resultant figure
3    is the percentage of binaural hearing loss.]
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    
Part 6. Medical Evaluations

7         [35A-3-601 (Effective 07/01/97)].     34A-2-601 (Effective 07/01/97). Medical panel --
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 [department] Division of Adjudication may refer the medical aspects of the case to
14    a medical panel appointed by [the department] an administrative law judge.
15        (b) When a claim for compensation based upon disability or death due to an occupational
16    disease is filed with the [department, the department] Division of Adjudication, an administrative
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 [department] division may employ a medical director or medical
22    consultants on a full-time or part-time basis for the purpose of evaluating the medical evidence and
23    advising [the department] an administrative law judge with respect to [its] the administrative law
24    judge's ultimate fact-finding responsibility.
25        (e) If all parties agree to the use of a medical director or medical consultants, [they] the
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 [department] administrative law judge, as it may determine to be necessary or desirable.
31        (b) The medical panel, medical director, or medical consultants shall make:

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1        (i) a report in writing to the [department] administrative law judge in a form prescribed
2    by the [department,] Division of Adjudication; and [also make such]
3        (ii) additional findings as the [department] administrative law judge may require.
4        (c) In occupational disease cases, in addition to the requirements of Subsection (2)(b), the
5    panel shall certify to the [department] administrative law judge:
6        (i) the extent, if any, of the disability of the claimant from performing work for
7    remuneration or profit[, and];
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        [(c)] (d) (i) The [department] administrative law judge shall promptly distribute full copies
14    of the report by certified mail with return receipt requested to:
15        (A) the applicant[,];
16        (B) the employer[, and its]; and
17        (C) the employer's insurance carrier [by certified mail with return receipt requested].
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 [department] administrative law
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        [(d)] (e) The [department] administrative law judge may base [its] the administrative law
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        [(e)] (f) (i) If objections to the report are filed, the [department] administrative law judge
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 [department] administrative law
30    judge to have the [chairman] chair of the medical panel, the medical director, or the medical
31    consultants present at the hearing for examination and cross-examination.

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1        (iii) For good cause shown, the [department] administrative law judge may order other
2    members of the panel, with or without the [chairman] chair or the medical director or medical
3    consultants, to be present at the hearing for examination and cross-examination.
4        [(f)] (g) The written report of the panel, medical director, or medical consultants may be
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        [(g)] (h) The expenses of the study and report of the medical panel, medical director, or
8    medical consultants and the expenses of their appearance before the [department] administrative
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         [35A-3-602 (Effective 07/01/97)].     34A-2-602 (Effective 07/01/97). Physical
13     examinations.
14        [Any] (1) The division or an administrative law judge may require an employee claiming
15    the right to receive compensation under this chapter [may be required by the department, or its
16    medical examiner,] to submit [himself for] to a medical examination at any time, and from time
17    to time, at a place reasonably convenient for [such] the employee, and [such] as may be provided
18    by the rules of the [department] commission.
19        (2) If [such] an employee refuses to submit to [any such] an examination under Subsection
20    (1), or obstructs the [same, his] examination, the employee's right to have [his] the employee's
21    claim for compensation considered, if [his] the employee's claim is pending before [the
22    department] an administrative law judge, commissioner, or Appeals Board, or to receive any
23    payments for compensation theretofore granted by a final order of the commission, shall be
24    suspended during the period of [such] the refusal or obstruction.
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         [35A-3-603 (Effective 07/01/97)].     34A-2-603 (Effective 07/01/97). Autopsy in death
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 [where] or
31    Chapter 3, Utah Occupational Disease Act, when, in the opinion of the [executive director or the

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1    executive director's] commissioner or the commissioner's designee it is necessary to accurately and
2    scientifically ascertain the cause of death, an autopsy may be ordered by the [executive director
3    or the executive director's] commissioner or the commissioner's designee [and shall be made by
4    a person designated by the executive director or the executive director's designee].
5        (b) The [executive director or the executive director's] commissioner or the commissioner's
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    [department and shall be a public record] S [division] COMMISSION s .
13        (4) All proceedings for compensation shall be suspended upon refusal of a claimant or
14    claimants to permit such autopsy when [so] ordered under Subsection (1).
15        (5) When an autopsy has been performed pursuant to an order of the [executive director
16    or the executive director's] commissioner or the commissioner's designee no cause of action shall
17    lie against any person, firm, or corporation for participating in or requesting the autopsy.
18     Section S [139] 141 s . 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         [35A-3-604 (Effective 07/01/97)].     34A-2-604 (Effective 07/01/97). Employee leaving
21     place of treatment.
22        (1) An injured employee who desires to leave the locality in which [he] the employee has
23    been employed during the treatment of [his] the employee's injury, or to leave this state, shall:
24        (a) report to [his] the employee's attending physician for examination[, notifying the
25    department];
26        (b) notify the division in writing of [such] the intention to leave[, accompanying such];
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[, together with]; and
31        (iii) a statement of the probable length of time disability will continue. [Thereafter, and


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1    with the written consent of the department, the]
2        (2) An employee may leave the locality in which [he] the employee was employed[;
3    otherwise no] only after:
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 [shall be] may not be
7    allowed during [such] the absence.
8     Section S [140] 142 s . 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    
Part 7. Funds

11         [35A-3-701 (Effective 07/01/97)].     34A-2-701 (Effective 07/01/97). Premium
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 [department] S [division] COMMISSION s to promote Utah workplace
17a     safety.
18        (3) Monies shall be appropriated by the Legislature from the restricted account to the
19    [department] commission for use by the S [division] COMMISSION s to:
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    [department, the department] commission for use by the S [division , the division] COMMISSION,
24a     THE COMMISSION s may fund other
25    safety programs or initiatives recommended to it by its state workers' compensation advisory
26    council created under Section [35A-3-107] 34A-2-107.
27        (5) The [department] commission shall annually report to the governor, the Legislature,
28    and its state council regarding:
29        (a) the use of the [funds as well as the resulting impact] monies appropriated under
30    Subsection (4); and
31        (b) the use of the monies on the safety of Utah's workplaces.


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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 S [division] COMMISSION s
7a     described in
8    Subsection (3) or (4).
9     Section S [141] 143 s . 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         [35A-3-702 (Effective 07/01/97)].     34A-2-702 (Effective 07/01/97). Employers'
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 [and] or Chapter [3a] 3, Utah
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. [This fund]
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." [Whenever this code
20    refers to the "Special Fund," the "Combined Injury Fund," or the "Second Injury Fund" that
21    reference is considered to be the Employers' Reinsurance Fund.]
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    [department] administrator shall make provisions for and direct its distribution.
25        (e) Reasonable costs of [administration] administering the Employers' Reinsurance Fund
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.


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1        (3) The [department] administrator may employ [or], retain, or appoint counsel to
2    represent the Employers' Reinsurance Fund in proceedings brought to enforce claims against or
3    on behalf of the fund. [Upon request of the department,] If requested by the commission, the
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    [35A-3-418] 34A-2-418, and further benefits in the amounts and to the persons [as follows:] in
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        [(ii)] (iii) The payment by the employer or its insurance carrier to wholly dependent
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        [(iii)] (iv) The issue of dependency shall be subject to review by [the department] an
31    administrative law judge at the end of the initial 312-week period and annually after the initial

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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 [department]
4    administrative law judge may determine under Subsection (5)(b)[(ii)] (iii).
5        [(iv)] (v) For purposes of any dependency determination, a surviving spouse of a deceased
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 [department]
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    [department] administrative law judge in each case may determine. Compensation may not
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    [department] administrative law judge under this subsection shall be consistent with the general
22    provisions of this chapter and Chapter 3, Utah Occupational Disease Act.
23        [(ii)] (iv) Benefits to persons determined to be partly dependent under Subsection
24    (5)(a)[(iii)] (iv) shall be determined by the [department] administrative law judge in keeping with
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        [(iii)] (v) Payments under this section shall be paid to such persons during their
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 [department] administrative law judge may apportion the benefits as [it] the

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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         [35A-3-703 (Effective 07/01/97)].     34A-2-703 (Effective 07/01/97). Payments from
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.

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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 [department] administrator. The [department]
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 [35A-3-413]
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         [35A-3-704 (Effective 07/01/97)].     34A-2-704 (Effective 07/01/97). Uninsured
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

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1    person's employer:
2        (i) is individually, jointly, or severally liable to pay the benefits[, but]; and
3        (ii) (A) becomes or is insolvent[,];
4        (B) appoints or has appointed a receiver[,]; or
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 [3a] 3, Utah Occupational Disease Act, with the
11    exception of penalties on those obligations.
12        (2) (a) [Funds] Monies for the Uninsured Employers' Fund shall be [provided under]
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    [department] administrator shall make provisions for and direct its distribution.
17        (3) Reasonable costs of [administration] administering the fund or other fees required to
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 [department shall] administrator may employ, retain, or appoint counsel to
25    represent the Uninsured Employers' Fund in all proceedings brought to enforce claims against or
26    on behalf of the fund. [Upon the request of the department] If requested by the commission, the
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

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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 [department] administrator shall periodically file with the receiver, trustee, or
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 [35A-3-106] 34A-2-106.
18        (10) The fund, subject to approval of the [department] administrator, shall discharge its
19    obligations by:
20        (a) adjusting its own claims; or [by]
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, [the department] an administrative law
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[. The department shall]; and
30        (ii) impose a penalty against the uninsured employer of 15% of the value of the total award
31    in connection with the claim[, and shall direct that the additional penalty] that shall be paid into

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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 [department] commission, and the state treasurer, with
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 [department] commission may make reasonable rules for the processing and
9    payment of claims for compensation from the fund.
10        (14) (a) [In the event] If it becomes necessary for the Uninsured Employers' Fund to pay
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 [it] the assessment is due.
22        (d) [No] A self-insured employer may not be assessed in any year an amount greater than
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.

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1        (15) (a) [It is the duty of all] A self-insured [employers to] employer shall notify the
2    [department] division of any information indicating that any self-insured employer may be
3    insolvent or in a financial condition hazardous to its employees or the public.
4        (b) Upon receipt of [that] the notification described in Subsection (15)(a) and with good
5    cause appearing, the [department] division may order an examination of that self-insured
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 [his] the employee's dependents. Subsection (16) applies
13    whether the claim is filed in court or in an adjudicative proceeding under the authority of the
14    [department] commission.
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 [35A-3-104] 34A-2-104
18    (3); or
19        (b) the person is included as an employee under Subsection [35A-3-104] 34A-2-104(3),
20    but:
21        (i) the person's employer fails to insure or otherwise provide adequate payment of direct
22    compensation[, which]; and
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 [35A-3-104] 34A-2-104(4).
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

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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    
Part 8. Adjudication

12         [35A-3-803].     34A-2-801. Procedure for review of administrative order.
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        [(1) An order] (2) Unless a party in interest appeals the decision of an administrative law
31    judge in accordance with Subsection (3), the decision of an administrative law judge on an

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1    application for hearing filed under Subsection (1) is a final [decision] order of the [department
2    unless] commission [within] 30 days after the date [of mailing of notice to the parties' last-known
3    addresses or in the absence of a mailing within 30 days after the delivery of notice, further appeal
4    is initiated under this section] the decision is issued.
5        [(2)] (3) (a) A party in interest may appeal the decision of an administrative law judge [by
6    filing a motion for review with the Workforce Appeals Board] by filing a motion for review with
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 S [an appeal panel of] s 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        [(3) (a)] (d) A case appealed to the [Workforce] Appeals Board shall be decided by S [ [ ] the
16     majority vote of the [ ] ] s [Workforce] S [an appeal panel of the] s Appeals Board S . [in
16a     accordance with Section
17    34A-1-205.
] s
18        [(b) At the Workforce Appeals Board's request the legal counsel for the department shall
19    act as an impartial aid to the panel in outlining the facts and the issues.]
20        (4) All records on appeals shall be maintained [in the offices of] by the [department]
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 [Workforce] commissioner or Appeals Board [may on the basis of
24    the evidence previously submitted in the case, or upon the basis of any additional evidence it
25    requires, affirm, modify, or reverse the findings, conclusions, and decision of the administrative
26    law judge] shall make its decision in accordance with Section 34A-1-303.
27        (6) The [Workforce] commissioner or Appeals Board shall promptly notify the parties to
28    any proceedings before it of its decision, including its findings and conclusions.
29        (7) The decision of the [Workforce] commissioner or Appeals Board is final unless within
30    30 days after [mailing of notice to the parties' last-known addresses or in the absence of mailing
31    within 30 days after the delivery of the notification] the date the decision is issued further appeal

Text Box

Amend on 2_goldenrod February 28, 1997
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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 [Workforce] date the decision of the commissioner or
4    Appeals Board [notifies parties of its decision under Subsection (6)] is issued, any aggrieved party
5    may secure judicial review by commencing an action in the court of appeals against the
6    [Workforce] commissioner or Appeals Board for the review of the [Work Force Appeal Board's]
7    decision [in which action] of the commissioner or Appeals Board.
8        (b) In an action filed under Subsection (8)(a):
9        (i) any other party to the proceeding before the [Workforce] commissioner or Appeals
10    Board shall be made a party; and
11        (ii) the commission shall be made a party.
12        [(b)] (c) A party claiming to be aggrieved may seek judicial review only if the party has
13    exhausted the party's remedies before the [department and the Workforce Appeals Board]
14    commission as provided by this section.
15        [(c)] (d) At the request of the court of appeals, the [department] commission shall certify
16    and file with the court all documents and papers and a transcript of all testimony taken in the
17    matter together with the [Workforce Appeals Board findings of fact] decision of the commissioner
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         [35A-3-809 (Effective 07/01/97)].     34A-2-802 (Effective 07/01/97). Rules of evidence
22     and procedure before commission -- Admissible evidence.
23         (1) The [department] commission, [its hearing examiner] the commissioner, an
24    administrative law judge, or the [Workforce] Appeals Board, is not bound by the usual common
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 [department] commission pursuant to this chapter and
27    Chapter 3, Utah Occupational Disease Act. The [department] commission may make its
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 [department] commission may receive as evidence and use as proof of any fact in
31    dispute all evidence deemed material and relevant including, but not limited to the following:

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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         [35A-3-810 (Effective 07/01/97)].     34A-2-803 (Effective 07/01/97). Violation of
10     judgments, orders, decrees, or provisions of chapter -- Grade of offense.
11        (1) [If any] An employer, employee, or other person is guilty of a misdemeanor if that
12    employer, employee, or other person violates [any provision of] this chapter[, or does] or Chapter
13    3, Utah Occupational Disease Act, including:
14        (a) doing any act prohibited by [the] this chapter[, or fails or refuses] or Chapter 3, Utah
15    Occupational Disease Act;
16        (b) failing or refusing to perform any duty lawfully imposed[, or fails, neglects or refuses]
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    [department] commission, or any judgment or decree made by any court in connection with the
20    provisions of this chapter[, the employer, employee, or other person shall be guilty of a
21    misdemeanor] or Chapter 3, Utah Occupational Disease Act.
22        (2) Every day during which any person [or corporation] fails to observe and comply with
23    any order of the [department] commission, or to perform any duty imposed by this chapter or
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    
CHAPTER 3. UTAH OCCUPATIONAL DISEASE ACT

28         [35A-3a-101 (Effective 07/01/97)].     34A-3-101 (Effective 07/01/97). Title --
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.

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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         [35A-3a-102 (Effective 07/01/97)].     34A-3-102 (Effective 07/01/97). Chapter
4     to be administered by commission -- Exclusive remedy.
5        (1) This chapter shall be administered by the [department] commission through 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 [3] 2, Workers' Compensation Act and Chapter [9, Part 2] 8, Utah Injured
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 [35A-3-105]
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         [35A-3a-103 (Effective 07/01/97)].     34A-3-103 (Effective
18     07/01/97). Occupational diseases.
19        For purposes of this chapter, a compensable occupational disease [is defined as] means any
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         [35A-3a-104 (Effective 07/01/97)].     34A-3-104 (Effective 07/01/97). Employer
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

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1    35A-3a-105 (Effective 07/01/97) is renumbered and amended to read:
2         [35A-3a-105 (Effective 07/01/97)].     34A-3-105 (Effective 07/01/97). Last
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         [35A-3a-106 (Effective 07/01/97)].     34A-3-106 (Effective 07/01/97). Mental
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.

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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         [35A-3a-107 (Effective 07/01/97)].     34A-3-107 (Effective 07/01/97). Benefits
9     -- Disability compensation, death, medical, hospital, and burial expenses -- Procedure and
10     payments.
11        (1) The benefits to which a disabled employee or [his] the employee's dependents are
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 [3] 2.
15        (2) The disabled employee is entitled to medical, hospital, and burial expenses equivalent
16    to those provided in Chapter [3] 2.
17        (3) The procedure and payment of benefits under this chapter shall be equivalent to and
18    consistent with the Chapter [3] 2, including Section [35A-3-703] 34A-2-703.
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         [35A-3a-108 (Effective 07/01/97)].     34A-3-108 (Effective 07/01/97). Reporting
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 [department]
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

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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) [An] The following constitute notification of an occupational disease:
4        (a) an employer's or physician's injury report filed with the [department,]:
5        (i) division;
6        (ii) employer[,]; or
7        (iii) insurance carrier[,]; or
8        (b) the payment of any medical or disability benefits by the employer or the employer's
9    insurance carrier[, constitutes notification of an occupational disease].
10        (4) (a) [On forms or by methods] In the form prescribed by the [department] division, each
11    employer shall file a report with the [department] division of any occupational disease resulting
12    in:
13        (i) medical treatment[,];
14        (ii) loss of consciousness[,];
15        (iii) loss of work[,];
16        (iv) restriction of work[,]; or
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        [(b)] (c) Each employer shall file a subsequent report with the [department] division of any
23    previously reported occupational disease that later resulted in death. The subsequent report shall
24    be filed with the [department] division within seven days following:
25        (i) the death; or
26        (ii) the employer's first knowledge or notification of the death.
27        [(c) No] (d) A report is not required for:
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    [department.] division;
31        [(d) No report is required for] (ii) occupational diseases that manifest after the employee

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1    is no longer employed by the employer with which the exposure occurred[,]; or
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 [35A-3a-103] 34A-3-103.
4        (5) Each employer shall provide the employee with:
5        (a) a copy of the report submitted to the [department. The employer shall also provide the
6    employee with] division; and
7        (b) a statement, as prepared by the [department] division, of the employee's rights and
8    responsibilities related to the occupational disease.
9        (6) Each employer shall maintain a record in a manner prescribed by the [department]
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[,]; or
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 [department] division as required by this section is guilty of a class C
18    misdemeanor and subject to citation under Section [35A-6-302] 34A-6-302 and a civil assessment
19    as provided under Section [35A-6-307] 34A-6-307, unless the [department] division finds that the
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 [department] commission; and
25        (ii) make reports to the [department] division at any and all times as required as 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 [35A-3-117] 34A-2-111(2), who is associated
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 [department's] commission's schedule of fees may reasonably differentiate

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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[,]; and
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 [the department,] the:
12        (a) division;
13        (b) employee[,]; and [the]
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 [department] division finds that there is good cause for submitting a late
18    report.
19        (11) (a) Applications for a hearing to resolve disputes regarding occupational disease
20    claims shall be filed with the [department] Division of Adjudication.
21        (b) After the filing, a copy shall be forwarded by mail to:
22        (i) the employer or to the employer's insurance carrier[, to];
23        (ii) the applicant[,]; and [to]
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         [35A-3a-109 (Effective 07/01/97)].     34A-3-109 (Effective 07/01/97). Limitations
28     -- Rights barred if not filed within limits.
29        (1) The limitation of rights regarding medical benefits provided in Subsection [35A-3-417]
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

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1    disability benefits, permanent partial disability benefits, or permanent total disability benefits is
2    barred, unless an application for hearing is filed with the [department] Division of Adjudication
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         [35A-3a-110 (Effective 07/01/97)].     34A-3-110 (Effective
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    [department] commission jurisdiction;
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         [35A-3a-111 (Effective 07/01/97)].     34A-3-111 (Effective
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 [3] 2, and in all cases [where] when injury results by reason of an
30    accident arising out of and in the course of employment and compensation is payable for the injury
31    under Chapter [3] 2, [no] compensation under this chapter [shall] may not be payable.

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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         [35A-3a-112 (Effective 07/01/97)].     34A-3-112 (Effective 07/01/97). Employee's
4     willful misconduct.
5        (1) Notwithstanding anything contained in this chapter, [no] an employee or dependent
6    of any employee [shall be] is not entitled to receive compensation for disability or death from an
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), [no] disability compensation [shall] may
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    
CHAPTER 4. HOSPITAL AND MEDICAL SERVICE FOR DISABLED MINERS

26         [35A-3b-101 (Effective 07/01/97)].     34A-4-101 (Effective 07/01/97). Who
27     entitled.
28        (1) Certain disabled miners meeting the requirements of Section [35A-3b-102] 34A-4-102
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

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1    compensable under Chapter 2 or 3 [or 3a], no employer or insurance carrier shall be permitted to
2    evade payment under Chapter 2 or 3 [or 3a] by compelling a disabled miner to avail himself of the
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         [35A-3b-102 (Effective 07/01/97)].     34A-4-102 (Effective 07/01/97). Application
7     for benefits.
8         To be entitled to the free hospital and medical service provided for in Section
9    [35A-3b-101] 34A-4-101, a disabled miner applying for benefits shall be required to establish
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    
CHAPTER 5. UTAH ANTIDISCRIMINATION ACT

23         [35A-5-101 (Effective 07/01/97)].     34A-5-101 (Effective 07/01/97). Title.
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         [35A-5-102 (Effective 07/01/97)].     34A-5-102 (Effective 07/01/97). Definitions.
28        As used in this chapter:
29        (1) "Apprenticeship" means any program for the training of apprentices including[, but not
30    limited to, any] a program providing the training of those persons defined as apprentices by
31    Section [35A-10-105, whether or not such program is registered and approved by the

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1    Apprenticeship Council under Section 35A-10-102] 35A-6-1102.
2        (2) "Bona fide occupational qualification" means a characteristic applying to an employee
3    [which]:
4        (a) that is necessary to the operation; or
5        (b) is the essence of [his] the employee's employer's business.
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[, Safety, and Program
11    Regulation].
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[; but it].
17        (b) "Employer" does not include religious organizations or associations, religious
18    corporations sole, [nor] or any corporation or association constituting a wholly owned subsidiary
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.

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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 [35A-5-106] 34A-5-106.
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 [he] the employee, applicant, or
14    member:
15        (a) has opposed any employment practice prohibited under this chapter; or [because he
16    has]
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         [35A-5-103 (Effective 07/01/97)].     34A-5-103 (Effective 07/01/97). Jurisdiction of
26     commission -- Coordinator of fair employment practices.
27        The [department] commission shall have jurisdiction over the subject of employment
28    practices and discrimination made unlawful by this chapter. The [executive director] commissioner
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

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1    35A-5-104 (Effective 07/01/97) is renumbered and amended to read:
2         [35A-5-104 (Effective 07/01/97)].     34A-5-104 (Effective 07/01/97). Powers.
3        (1) The [department] commission may adopt, publish, amend, and rescind rules, consistent
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[,]; or
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[, or];
16        (E) the employees or members of an employment agency or labor organization[,];
17        (F) a joint apprenticeship committee[,]; and
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[,]; or
31        (vi) a vocational school;

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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) [No] A person may not be excused from attending or testifying, or from producing
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 [him] the person or subject [him] the person to any penalty or
30    forfeiture.
31        (ii) [No] A person may not be prosecuted or subjected to any penalty or forfeiture for or

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1    on account of any transaction, matter, or thing concerning which [he] the person shall be
2    compelled to testify or produce evidence after having claimed [his] the person's privilege against
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         [35A-5-105 (Effective 07/01/97)].     34A-5-105 (Effective 07/01/97).
8     Antidiscrimination Advisory Council -- Membership -- Appointment -- Term -- Powers and
9     duties -- Chair.
10        (1) There is created an Antidiscrimination Advisory [Committee] Council consisting of
11    [not less than 11 nor more than]:
12        (a) 15 voting members appointed by the governor as follows:
13        [(a) The executive director shall appoint:]
14        [(i) one small business representative;]
15        [(ii) one employer representative;]
16        [(iii) one labor representative; and]
17        [(iv) one representative of the Utah State Bar.]
18        [(b) The executive director shall appoint members:]
19        (i) [to represent each] five employer representatives;
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[,]; and

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1        (g) persons with disabilities[; and].
2        [(ii) to ensure equal representation on the board of employers and employees.]
3        [(c) (i) The executive director or the executive director's designee shall serve as a
4    nonvoting member of the committee.]
5        [(ii) Each member of the Workforce Appeals Board shall serve as nonvoting ex officio
6    members of the committee.]
7        [(2)] (3) The division shall provide any necessary staff support for the [committee] council.
8        [(3)] (4) (a) Except as required by Subsection [(3)] (4)(b), as terms of current [committee]
9    council members expire, the [executive director] governor shall appoint each new member or
10    reappointed member to a four-year term.
11        (b) Notwithstanding the requirements of Subsection [(3)] (4)(a), the [executive director]
12    governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure
13    that the terms of [committee] council members are staggered so that approximately half of the
14    [committee] council is appointed every two years.
15        [(4)] (6) (a) When a vacancy occurs in the membership for any reason, the replacement
16    shall be appointed for the unexpired term.
17        (b) The [executive director] governor shall terminate the term of a [committee] council
18    member who ceases to be representative as designated by the original appointment.
19        [(5)] (7) (a) (i) Members who are not government employees shall receive no
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] council at the rates established by
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        [(6)] (8) (a) The advisory [committee] council shall offer advice on issues requested by
31    the [department] commission, division, and the Legislature and also make recommendations to the

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1    [department] commission and division regarding issues of employment discrimination and issues
2    related to the administration of this chapter.
3        (b) The [committee] council shall confer at least quarterly for the purpose of advising the
4    [department] commission, division, and the Legislature regarding issues of employment
5    discrimination and issues related to the administration of this chapter.
6        [(7)] (9) The [executive director] commissioner or the [executive director's]
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         [35A-5-106 (Effective 07/01/97)].     34A-5-106 (Effective 07/01/97). Discriminatory
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:

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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

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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,

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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

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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         [35A-5-107 (Effective 07/01/97)].     34A-5-107 (Effective 07/01/97). Procedure for
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 [by himself], [his] or that person's attorney[,] or [his] agent may, make, sign, and file
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

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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) [If the] An aggrieved party [wishes to] may withdraw the request for agency action[,
9    he must do so] prior to the issuance of a final order.
10        (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator uncovers
11    insufficient evidence during [his] the investigation to support the allegations of a discriminatory
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 [department] commission.
22        (5) (a) If the initial attempts at settlement are unsuccessful and the investigator uncovers
23    sufficient evidence during [his] the investigation to support the allegations of a discriminatory or
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

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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 [department] commission.
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 [his] the respondent's attorneys' fees and costs.
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 [department] commission.
29        (12) An order of the [department] commission under Subsection (11)(a) is subject to
30    judicial review as provided in Section 63-46b-16 and Chapter 1, Part 3, Adjudicative Proceedings.
31        (13) The [department] commission shall have authority to make rules concerning

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1    procedures under this chapter in accordance with Title 63, Chapter 46a, Utah Administrative
2    Rulemaking Act.
3        (14) The [department] commission and its staff may not divulge or make public any
4    information gained from any investigation, settlement negotiation, or proceeding before the
5    [department] commission except [in the following:] as provided in Subsections (14)(a) through
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 [department] commission.
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 [department] commission.
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 [department] commission in connection with the same claims under this chapter.
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         [35A-5-108 (Effective 07/01/97)].     34A-5-108 (Effective 07/01/97). Judicial
27     enforcement of division findings.
28        (1) The [department] commission or the attorney general at the request of the [department]
29    commission shall commence an action under Section 63-46b-19 for civil enforcement of a final
30    order of the [department] commission issued under Subsection [35A-5-107] 34A-5-107(12) if:
31        (a) the order finds that there is reasonable cause to believe that a respondent has engaged

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1    or is engaging in discriminatory or prohibited employment practices made unlawful by this
2    chapter;
3        (b) counsel to the [department] commission or the attorney general determines after
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 [department] commission has not accepted a conciliation agreement to which
8    the aggrieved party and respondent are parties; or
9        (ii) the respondent has not conciliated or complied with the final order of the [department]
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 [department] commission may stay seeking civil enforcement
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    
CHAPTER 6. UTAH OCCUPATIONAL SAFETY AND HEALTH ACT

17    
Part 1. General Provisions

18         [35A-6-101 (Effective 07/01/97)].     34A-6-101 (Effective 07/01/97). Title.
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         [35A-6-102 (Effective 07/01/97)].     34A-6-102 (Effective 07/01/97). Legislative intent.
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         [35A-6-103 (Effective 07/01/97)].     34A-6-103 (Effective 07/01/97). Definitions.
31        As used in this chapter:

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1        (1) "Administrator" means the director of the Division of [Labor,] Occupational Safety[,
2    and Program Regulation] and Health.
3        (2) "Amendment" means such modification or change in a code, standard, rule, or order
4    intended for universal or general application.
5        [(4)] (3) "[Department] Commission" means the [Department of Workforce Services]
6    Labor Commission.
7        [(3)] (4) "Council" means the Utah Occupational Safety and Health Advisory Council.
8        (5) "Division" means the Division of [Labor,] Occupational Safety[,] and [Program
9    Regulation] Health.
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 [therein] in the state; and
14        (c) every person, firm, and private corporation, including public utilities, having one or
15    more [workmen] workers or operatives regularly employed in the same business, or in or about
16    the same establishment, under any contract of hire.
17        (8) "Hearing" means a proceeding conducted by the [department] commission.
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

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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 S [172] 174 s . 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         [35A-6-104 (Effective 07/01/97)].     34A-6-104 (Effective 07/01/97). Administration
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 [department] commission and the
19    division. The [department] commission:
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 S [division under the supervision of an] s administrator the division
23a     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; [and]
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.


Text Box

Amend on 2_goldenrod February 28, 1997
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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, [(]42 U.S.C.
5    2021[)], exercise statutory authority to prescribe or enforce standards or regulations affecting
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         [35A-6-105 (Effective 07/01/97)].     34A-6-105 (Effective 07/01/97). Procedures --
13     Adjudicative proceedings.
14        The [department] commission, the division, and the administrator shall comply with 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         [35A-6-106 (Effective 07/01/97)].     34A-6-106 (Effective 07/01/97). Occupational
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 [executive director]
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), [the council shall include
30    the following nonvoting members:] the commissioner or the commissioner's designee shall serve
31    as a nonvoting member.

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1        [(i) the executive director or the executive director's designee; and]
2        [(ii) each member of the Workforce Appeals Board.]
3        (2) (a) Except as required by Subsection (2)(b), as terms of current [board] council
4    members expire, the [executive director] commissioner shall appoint each new member or
5    reappointed member to a four-year term.
6        (b) Notwithstanding the requirements of Subsection (2)(a), the [executive director]
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 [executive director] commissioner may reappoint any council member for
11    additional terms.
12        (d) The [executive director] commissioner or the [executive director's] commissioner's
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 [executive director] commissioner shall terminate the term of any council member
18    who ceases to be a representative as designated by [his] the member's original appointment.
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         [35A-6-107 (Effective 07/01/97)].     34A-6-107 (Effective 07/01/97). Research and
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

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1    factors involved in innovative methods, techniques, and approaches for dealing with occupational
2    safety and health problems.
3        (b) (i) The [department] division, [in order] to comply with its responsibilities under this
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 [department] division may [also] establish programs for medical examinations and
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 [where] when necessary for the
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. [If]
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[,]; and
26        (B) the substance is not covered by an occupational safety or health standard promulgated
27    under Section [35A-6-202, the division shall immediately take action necessary under Section
28    35A-6-202 or 35A-6-305] 34A-6-202.
29        (2) The division may inspect and question employers and employees as provided in
30    Section [35A-6-301] 34A-6-301, [in order] to carry out its functions and responsibilities under this
31    section.

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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         [35A-6-108 (Effective 07/01/97)].     34A-6-108 (Effective 07/01/97). Collection,
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 [35A-6-104] 34A-6-104(2). The division shall compile accurate statistics on work
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, [in order] to assist it in carrying out its
27    functions under this section.
28        (4) On the basis of the records made and kept under Subsection [35A-6-301]
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

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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         [35A-6-109 (Effective 07/01/97)].     34A-6-109 (Effective 07/01/97). Educational and
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         [35A-6-110 (Effective 07/01/97)].     34A-6-110 (Effective 07/01/97). Requirements of
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    [workmen's] workers' compensation or enlarge or diminish or affect the common-law or statutory
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.

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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         [35A-6-111 (Effective 07/01/97)].     34A-6-111 (Effective 07/01/97). Federal aid.
4        The [department] commission may make application for, receive, administer, and expend
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    
Part 2. Duties and Standards

9         [35A-6-201 (Effective 07/01/97)].     34A-6-201 (Effective 07/01/97). Duties of
10     employers and employees.
11        (1) Each employer shall furnish each of [his] the employer's employees employment and
12    a place of employment free from recognized hazards that are causing or are likely to cause death
13    or physical harm to [his] the employer's employees and comply with the standards promulgated
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         [35A-6-202 (Effective 07/01/97)].     34A-6-202 (Effective 07/01/97). Standards --
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 [this] Subsection (1)(a) shall take effect
27    30 days after publication unless otherwise specified.
28        (c) If any conflict exists between standards, the division shall issue the standard [which]
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

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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 [and
3    Environmental Sciences], or a state agency or political subdivision, or on information developed
4    by the division or otherwise available, that a rule should be promulgated to promote the objectives
5    of this chapter, [he] the administrator may request recommendations from the advisory council.
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, [it] the division shall publish
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 [his]
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 [he] the employer is unable to comply with a standard by its effective

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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 [he] the employer is taking all available steps to safeguard [his] the
5    employer's employees against hazards; and
6        (D) establishes that [he] the employer has an effective program for compliance as quickly
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    [his] the employer's program for compliance with the standard. A temporary order may be granted
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) [No] A temporary order may not be in effect longer than the period reasonably
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 [he] the employer is unable to comply
20    with the standard or some part of the standard [and];
21        (C) a detailed statement of the reasons the employer is unable to comply;
22        [(C)] (D) a statement of the measures taken and anticipated with specific dates, to protect
23    employees against the hazard;
24        [(D)] (E) a statement of when [he] the employer expects to comply with the standard and
25    what measures [he] the employer has taken and those anticipated, giving specific dates for
26    compliance; and
27        [(E)] (F) a certification that [he] the employer has informed [his] the employer's employees
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[,]; and

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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 [department] division for a hearing.
6        [(vi)] (vii) The administrator is authorized to grant a variance from any standard or some
7    part of the standard [whenever he] when the administrator determines that it is necessary to permit
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. [Where] When appropriate, a standard shall prescribe suitable protective equipment
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 [his] the employee's physician.
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

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1    so as to make less restrictive the federal Williams-Steiger Occupational Safety and Health Act of
2    1970, [said] the less restrictive modification shall be immediately applicable to this chapter and
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 [he] the administrator determines that:
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 [such] a rule or order
18    if [he] the administrator determines on the record, after opportunity for an inspection where
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 [his] the
22    employer's employees [which] that are as safe and healthful as those which would prevail if [he]
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 [which he]
26    that the employer must adopt and [utilize] use to the extent they differ from the standard in
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) [Whenever] The administrator shall include a statement of reasons for the

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1    administrator's actions when the administrator:
2        (a) issues any code, standard, rule, or order[, or];
3        (b) grants any exemption or extension of time[,]; or
4        (c) compromises, mitigates, or settles any penalty assessed under this chapter[, he shall
5    include a statement of the reasons for his action].
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    [and Environmental Sciences] about the need for mandatory standards in determining the priority
17    for establishing [such] the standards.
18     Section S [182] 184 s . 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         [35A-6-203 (Effective 07/01/97)].     34A-6-203 (Effective 07/01/97). Discharge or
21     discrimination against employee prohibited.
22        (1) [No] A person may not discharge or in any manner discriminate against any employee
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 [himself] the
28    employee or others.
29        (2) (a) Any employee who believes that [he] the employee has been discharged or
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 S [Division of Adjudication] DIVISION s in the
31a     [department]


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1    commission alleging discrimination.
2        (b) (i) Upon receipt of the complaint, the S [Division of Adjudication] DIVISION s shall
2a     cause an
3    investigation to be made.
4        (ii) The S [Division of Adjudication] DIVISION s may employ investigators as necessary to
4a     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 [may order]
12        (B) all appropriate relief, including reinstatement of the employee to [his] the employee's
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 S [183] 185 s . 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         [35A-6-204 (Effective 07/01/97)].     34A-6-204 (Effective 07/01/97). State agencies and
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 [department] commission may not assess monetary penalties against
23    any state agency or political subdivision under Section [35A-6-307] 34A-6-307.
24     Section S [184] 186 s . 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    
Part 3. Enforcement

27         [35A-6-301 (Effective 07/01/97)].     34A-6-301 (Effective 07/01/97). Inspection and
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.


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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 [therein,] in the workplace; and [to]
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 [department] commission shall make rules in accordance with Title 63, Chapter
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 [department] commission shall make rules in accordance with Title 63, Chapter
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.

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1        (ii) Each employer shall, within 12 hours of occurrence, notify the [division] S [Division of
2    Industrial Accidents
] DIVISION s
of any:
3        (A) work-related fatality; [of any]
4        (B) disabling, serious, or significant injury; and [of any]
5        (C) occupational disease incident.
6        (iii) (A) Each employer shall file a report with the [division] Division of Industrial
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, [on
9    forms or methods] in the form prescribed by the [department] Division of Industrial Accidents,
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 [division] Division of Industrial
13    Accidents of any previously reported injury or occupational disease that later resulted in death.
14    The subsequent report shall be filed with the [division] Division of Industrial Accidents within
15    seven days following the death or the employer's first knowledge or notification of the death. [No]
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 [department] Division of Industrial Accidents. [No] A
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 [35A-3a-103] 34A-3-103.
23        (iv) Each employer shall provide the employee with:
24        (A) a copy of the report submitted to the [division. The employer shall also provide the
25    employee with] Division of Industrial Accidents;
26        (B) a statement, as prepared by the [department] Division of Industrial Accidents, of [his]
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 [department]
29    commission of all work-related fatalities or work-related injuries and of all occupational diseases
30    resulting in:
31        (A) medical treatment[,];


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1        (B) loss of consciousness[,];
2        (C) loss of work[,];
3        (D) restriction of work[,]; or
4        (E) transfer to another job.
5        (vi) The [department] commission shall make rules in accordance with Title 63, Chapter
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 [department] commission shall make rules in accordance with Title 63, Chapter
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 [35A-6-202] 34A-6-202.
13        (ii) [Provision shall be made in the] The rules made under Subsection (3)(c)(i) shall
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. [Where] If there is no authorized employee representative, the
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 [his] the employer's agent no later than at the time of

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1    inspection. Upon request of the person giving notice, [his] the person's name and the names of
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, [he] the authorized
6    representative shall make a special inspection in accordance with [the provisions of] this section
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, [he] the authorized representative shall notify the
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 [35A-6-306] 34A-6-306.
21        (b) The [department] commission shall make rules in accordance with Title 63, Chapter
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 [35A-6-306] 34A-6-306.
25        (8) Any employer who refuses or neglects to make reports, to maintain records, or to file
26    reports with the [department] commission as required by this section is guilty of a class C
27    misdemeanor and subject to citation under Section [35A-6-302] 34A-6-302 and a civil assessment
28    as provided under Section [35A-6-307] 34A-6-307, unless the [division] commission finds that
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:

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1         [35A-6-302 (Effective 07/01/97)].     34A-6-302 (Effective 07/01/97). Citations issued
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 [35A-6-201] 34A-6-201, of any
5    standard, rule, or order issued under Section [35A-6-202] 34A-6-202, or any rules under this
6    chapter, it shall with reasonable promptness issue a citation to the employer.
7        (b) Each citation shall:
8        (i) be in writing[, and shall]; and
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 [department] commission.
15        (d) The [department] commission may prescribe procedures for the issuance of a notice
16    in lieu of a citation with respect to violations [which] that have no direct or immediate relationship
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         [35A-6-303 (Effective 07/01/97)].     34A-6-303 (Effective 07/01/97). Enforcement
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 [35A-6-302] 34A-6-302(1), it shall
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 [35A-6-307] 34A-6-307 and that the
31    employer has 30 days to notify the Division of Adjudication that [he wishes] the employer intends

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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 [he] the employer intends to contest the citation,
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 [and];
11        (ii) of the assessment proposed to be assessed under Section [35A-6-307,] 34A-6-307; and
12        (iii) that the employer has 30 days to notify the Division of Adjudication that [he wishes]
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    [department] commission.
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 [he] the employer intends to contest the
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 [he] the employer intends
21    to contest a citation issued under Subsection [35A-6-302] 34A-6-302(1), or notification issued
22    under Subsection (1) or (2), or if, within 30 days of the issuance of a citation under Subsection
23    [35A-6-302] 34A-6-302(1), any employee or representative of employees files a notice with the
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 [executive director] commissioner of the notification,
26    and the [executive director] commissioner shall provide an opportunity for a hearing.
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 [his] the employer's reasonable control, the division, after an opportunity for discussion
30    and consideration, shall issue an order affirming or modifying the abatement requirements in any
31    citation.

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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         [35A-6-304 (Effective 07/01/97)].     34A-6-304 (Effective 07/01/97). Procedure for
4     review of order entered by administrative law judge -- Continuing jurisdiction of
5     commission.
6        (1) (a) Administrative law judges [appointed] assigned by the director of the Division of
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 [his] the administrative law judge's findings
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 [department] commission unless objections are made in
14    accordance with Subsection [(4)] (2).
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 [Workforce] commissioner or Appeals Board [may affirm, modify, remand, or
19    overrule the order of the administrative law judge] shall make its decision in accordance with
20    Section 34A-1-303.
21        (c) The decision of the [department] commission is final unless judicial review is
22    requested in accordance with Chapter 1, Part 3, Adjudicative Proceedings.
23        (d) To the extent that new facts are provided, the [department] commission has continuing
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         [35A-6-305 (Effective 07/01/97)].     34A-6-305 (Effective 07/01/97). Injunction
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

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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, [he] the inspector shall inform the affected employees and employers of the danger
15    and that [he] the inspector is recommending to the administrator that relief be sought.
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         [35A-6-306 (Effective 07/01/97)].     34A-6-306 (Effective 07/01/97). Disclosure of trade
24     secrets -- Protective orders.
25        (1) All information reported to or otherwise obtained by the administrator or [his] the
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 [department] commission or the court shall issue
31    appropriate orders to protect the trade secret.

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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         [35A-6-307 (Effective 07/01/97)].     34A-6-307 (Effective 07/01/97). Civil and criminal
4     penalties.
5        (1) The [department] commission may assess civil penalties against any employer who has
6    received a citation under Section [35A-6-302] 34A-6-302 as follows:
7        (a) Except as provided in Subsections (1)(b) through (d), the [department] commission
8    may assess up to $7,000 for each cited violation.
9        (b) The [department] commission may not assess less than $250 nor more than $7,000 for
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 [department] commission may not assess less than $5,000 nor more than $70,000
16    for each cited willful violation.
17        (d) The [department] commission may assess up to $70,000 for each cited violation if 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 [department] commission may assess up to $7,000 for each day the violation continues
21    uncorrected.
22        (2) The [department] commission may assess a civil penalty of up to $7,000 for each
23    violation of any posting requirement under this chapter.
24        (3) In deciding the amount to assess for a civil penalty, the [department] commission shall
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[,]; and
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:

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1        (a) Any employer who willfully violates any standard, code, rule, or order issued under
2    Section [35A-6-202] 34A-6-202, or any rule made under this chapter, is guilty of a class A
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 [his] the administrator's representatives is guilty of a
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 [department] commission rule, and court costs.
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    
CHAPTER 7. SAFETY

19    
Part 1. Boilers and Pressure Vessels

20         [35A-7-101 (Effective 07/01/97)].     34A-7-101 (Effective 07/01/97). Scope of chapter
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

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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         [35A-7-102 (Effective 07/01/97)].     34A-7-102 (Effective 07/01/97). Standards for
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 [Labor,] Safety, [and
11    Program Regulation,] provided such special design provides a level of safety equivalent to that
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         [35A-7-103 (Effective 07/01/97)].     34A-7-103 (Effective 07/01/97). Annual inspection
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 [35A-7-101] 34A-7-101, shall be thoroughly inspected
24    internally and externally, annually, except as otherwise provided by this part, while not under
25    pressure, by the Division of [Labor,] Safety[, and Program Regulation] or by inspectors approved
26    and deputized by the Division of [Labor,] Safety[, and Program Regulation] as to its safety of
27    construction, installation, condition, and operation.
28        (2) If at any time a hydrostatic test shall be [deemed] considered necessary by the Division
29    of [Labor,] Safety[, and Program Regulation] to determine the safety of a boiler, the hydrostatic
30    test shall be made at the direction of the Division of [Labor,] Safety[, and Program Regulation,]
31    allowing a reasonable time for owner or user to comply.

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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 [(those]. For
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[)]. The Division of
5    [Labor,] Safety[, and Program Regulation] may extend the inspection interval in writing when
6    proper evidence has been presented as to method of operation, performance records, and water
7    treatment.
8        (4) All low pressure boilers [(steam 15 pounds per square inch pressure and water 60
9    pounds per square inch pressure, maximum)] shall be internally and externally inspected at least
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 [Labor,] Safety[, and Program
16    Regulation] within 30 days after the inspection;
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 [Labor,] Safety[, and
20    Program Regulation] shall exempt the boiler or boilers from inspection fees provided for in this
21    part.
22        (6) If a boiler shall, upon inspection, be found to be suitable and to conform to the rules
23    of the [Division of Labor, Safety, and Program Regulation] commission, the inspector shall issue
24    to such owner or user an inspection certificate.
25        (7) The Division of [Labor,] Safety[, and Program Regulation] may at any time suspend
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 [department] commission. The suspension of an inspection certificate shall
29    continue in effect until the boiler shall have been made to conform to the safety rules of the
30    [department] commission and a new certificate is issued.
31        (8) Inspectors deputized or employed by the Division of [Labor,] Safety[, and Program

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1    Regulation] under this part shall meet at all times nationally recognized standards of qualifications
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         [35A-7-104 (Effective 07/01/97)].     34A-7-104 (Effective 07/01/97). Fees.
6        The owner or user of a boiler required by this part to be inspected shall pay to the
7    [department] commission fees for inspection or for permits to operate in amounts set by the
8    [department] commission pursuant to Section 63-38-3.2.
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         [35A-7-105 (Effective 07/01/97)].     34A-7-105 (Effective 07/01/97). Violation of
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 [Labor,] Safety[, and Program Regulation] may bring a lawsuit in any
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    
CHAPTER 8. UTAH INJURED WORKER REEMPLOYMENT ACT

25         [35A-9-201 (Effective 07/01/97)].     34A-8-101 (Effective 07/01/97). Title.
26        This [part] chapter is known as the "Utah Injured Worker Reemployment Act."
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         [35A-9-202 (Effective 07/01/97)].     34A-8-102 (Effective 07/01/97). Intent statement.
30        This [part] chapter is intended to promote and monitor the state's and the employer's
31    capacity to assist the injured worker in returning to the work force as quickly as possible and to

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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         [35A-9-203 (Effective 07/01/97)].     34A-8-103 (Effective 07/01/97). Chapter
5     administration.
6        This [part] chapter shall be administered by the [department] commission in conjunction
7    with its administration of Chapters [3] 2, Workers' Compensation Act and [3a] 3, Utah
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         [35A-9-204 (Effective 07/01/97)].     34A-8-104 (Effective 07/01/97). Definitions.
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 [Chapters 3 and 3a, and who,] Chapter 2, Workers' Compensation Act, or Chapter
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[,]; or
19        (ii) is unable to perform work for which the injured worker has previous training and
20    experience[,]; and [who]
21        (c) reasonably can be expected to attain gainful employment after receiving the
22    reemployment training and benefits provided for in this [part] chapter.
23        (2) "Division" means Division of [Employment Development] Industrial Accidents.
24        (3) (a) "Gainful employment" means employment [which] that:
25        (i) is reasonably attainable in view of the industrial injury or occupational disease; and
26    [which]
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[,]; and

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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[, and];
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         [35A-9-205 (Effective 07/01/97)].     34A-8-105 (Effective 07/01/97). Reemployment
15     coordinator -- Duties.
16        The [executive director] commissioner shall appoint a reemployment coordinator to assist
17    in administering this [part] chapter. The coordinator's duties include [the following]:
18        (1) [identify] identifying and [verify] verifying, if necessary, the qualifications of all public
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) [design] designing a study [which] that will produce reliable data from employers,
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) [evaluate] evaluating results to determine whether early identification of potential
30    candidates for retraining results in overall cost reduction and return of the injured worker to gainful
31    employment;

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1        (4) [assure] assuring the contact and coordination of the employer or its workers'
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 [department] commission;
5        (5) [recommend] recommending procedures to avoid the duplication of services provided
6    by other state agencies or private rehabilitation services, including registering the disabled injured
7    worker with [Job Service] the Division of Employment Development in the Department of
8    Workforce Services for reemployment; and
9        (6) perform other duties as may be prescribed by the [department] commission.
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         [35A-9-206 (Effective 07/01/97)].     34A-8-106 (Effective 07/01/97). Initial report on
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         [35A-9-207 (Effective 07/01/97)].     34A-8-107 (Effective 07/01/97). Evaluation of
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         [35A-9-208 (Effective 07/01/97)].     34A-8-108 (Effective 07/01/97). Reemployment

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1     objectives.
2        (1) The division shall administer this [part] chapter with the objective of assisting in
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 [part] chapter or its application is intended to:
12        (a) modify or in any way affect any existing employee-employer relationship[,]; or [to]
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         [35A-9-209 (Effective 07/01/97)].     34A-8-109 (Effective 07/01/97). Rehabilitation
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         [35A-9-210 (Effective 07/01/97)].     34A-8-110 (Effective 07/01/97). Duties not
25     affected.
26        The provisions of this [part] chapter do not affect other duties and responsibilities of the
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         [35A-9-211 (Effective 07/01/97)].     34A-8-111 (Effective 07/01/97). Rulemaking
31     authority.

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1        The [department] commission may provide for the administration of this [part] chapter by
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         [35A-9-212 (Effective 07/01/97)].     34A-8-112 (Effective 07/01/97). Administrative
6     review.
7        The employer and the injured worker may apply to the [department] Division of
8    Adjudication for resolution of any issue of law or fact arising under this [part] chapter in
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         [35A-9-213 (Effective 07/01/97)].     34A-8-113 (Effective 07/01/97). Effective date --
13     Application.
14        This [part] chapter is effective July 1, 1990, and it applies only to industrial injuries and
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 [4] 3, Employment [Security] Support Act;
22        (b) [Chapter 8, Services and Support] Section 35A-4-504; and
23        (c) Chapter [9] 5, Training[, Reemployment,] and Workforce Improvement Act.
24        (2) "Consortium of counties" means an organization of the counties within a regional
25    workforce services area designated under [Subsection 35A-1-401(3)] Section 35A-2-101:
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.

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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 [assistance] center" is a location in a regional workforce services area
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 [by the executive director] in accordance with Chapter 2, Regional Workforce Services
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

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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        [(16) administer and enforce all laws for the protection of the life, health, safety, and
24    welfare of employees;]
25        [(17) ascertain and fix reasonable standards, and prescribe, modify, and enforce reasonable
26    orders, for the adoption of safety devices, safeguards, and other means or methods of protection,
27    to be as nearly uniform as possible, as necessary to carry out all laws and lawful orders relative to
28    the protection of the life, health, safety, and welfare of employees in employment and places of
29    employment;]
30        [(18) ascertain, fix, and order reasonable standards for the construction, repair, and
31    maintenance of places of employment as shall make them safe;]

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1        [(19) investigate, ascertain, and determine reasonable classifications of persons,
2    employments, and places of employment as necessary to carry out the purposes of this title;]
3        [(20) promote the voluntary arbitration, mediation, and conciliation of disputes between
4    employers and employees;]
5        [(21)] (16) establish and conduct free employment agencies, and license, supervise, and
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        [(22)] (17) collect, collate, and publish statistical and other information relating to
10    employees, employers, employments, and places of employment, and other statistics as it considers
11    proper;
12        [(23) ascertain and adopt reasonable standards and rules, prescribe and enforce reasonable
13    orders, and take other actions appropriate for the protection of life, health, safety, and welfare of
14    all persons with respect to all prospects, tunnels, pits, banks, open cut workings, quarries, strip
15    mine operations, ore mills, and surface operations or any other mining operation, whether or not
16    the relationship of employer and employee exists, but the department may not assume jurisdiction
17    or authority over adopted standards and regulations or perform any mining inspection or
18    enforcement of mining rules and regulations so long as Utah's mining operations are governed by
19    federal regulations;]
20        (18) encourage the expansion and use of apprenticeship programs meeting state or federal
21    standards for apprenticeship programs;
22        [(24)] (19) develop processes to ensure that the department responds to the full range of
23    employee and employer clients; and
24        [(25)] (20) carry out the responsibilities assigned to it by statute.
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        [(a) the Division of Labor, Safety, and Program Regulation to administer and enforce the
30    regulatory provisions of this title;]
31        [(b)] (a) the Division of Employment Development to [oversee the provision of services

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1    under this title; and] administer the development and implementation of employment assistance
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 [brought under] in
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        [(c) the following program advisory councils:]
14        [(i) the workers' compensation advisory council created in Section 35A-3-107;]
15        [(ii)] (c) the employment security advisory council created in Section 35A-4-502;
16        [(iii) the antidiscrimination advisory committee created in Section 35A-5-105; and]
17        [(iv) the occupational safety and health advisory council 35A-6-106;]
18        [(d) the mining certification panel created in Section 40-2-14; and]
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

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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 [35A-1-302]
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.

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1     Section S [215] 217 s . 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    [three members. The board may call, preside at, and order hearings and adjudicate proceedings
6    to review an order subject to review by the Workforce Appeals Board under this title] one or more
7    panels to hear and decide appeals from the decision of an administrative law judge.
8        (2) (a) [The governor shall appoint the members with the advice and consent of the Senate]
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        [(i)] (ii) one member [shall be] appointed to represent employers, in making this
12    appointment, the governor shall consider nominations from employer organizations; and
13        [(ii)] (iii) one member [shall be] appointed to represent employees, in making this
14    appointment, the governor shall consider nominations from employee organizations.
15        [(b) At least one member shall be admitted to the practice of law in Utah.]
16        [(c)] (b) No more than two members of a panel may belong to the same political party.
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[:] the governor shall, at the time of appointment or
19    reappointment, adjust the length of terms to ensure that the terms of members are staggered so that
20    approximately one third of S [the group is] THE MEMBERS ARE s appointed every two years.
21        [(i) the first term of one member of the initial board shall be two years;]
22        [(ii) the first term of one member of the initial board shall be four years; and]
23        [(iii) the first term of one member of the initial board shall be six years.]
24        [(b) The governor shall decide which member of the initial board will serve the terms
25    described in Subsection (3)(a).]
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) [A member shall receive compensation as provided by Title 67, Chapter 22, State


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1    Officer Compensation.] (a) A member of a panel may not receive compensation for the member's
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) [A majority of the board shall constitute a quorum to transact business. A single
13    vacancy shall not impair the right of the remaining members to exercise all the powers of the board
14    while the vacancy exists.] (a) The chair shall designate an alternative from a panel appointed
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, [8] 3, and [9, and] 5;
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:

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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) [three] four representatives of small employers as defined by rule by the department;
7        (B) [three] four representatives of large employers as defined by rule by the department;
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; [and]
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        [(v) the executive director of the Utah State Office of Rehabilitation; and]
22        [(vi)] (v) the executive director of the Department of Health.
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        [(c) The governor shall stagger the terms of the members so that at least three but not more
31    than five of the voting members' terms expires each year on June 30 of even years.]

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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        [(6) Members may be entitled to per diem compensation and reimbursement for travel
10    expenses established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.]
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

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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 [division's] department's provision of technical assistance to the regional
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 [Division of Employment Development, and] department;
24        (i) issue [any] other studies, reports, or documents the council considers advisable that are
25    not required under Subsection (8)(h);
26        [(i)] (j) coordinate the planning and delivery of workforce development services with
27    public education, higher education, vocational rehabilitation, and human services; and
28        [(j)] (k) perform other responsibilities within the scope of workforce services as requested
29    by:
30        (i) the Legislature[,];
31        (ii) the governor[,]; or

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1        (iii) the executive director.
2     Section S [217] 219 s . 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, [united] unified case
16    management; S [and] s
17        (g) [an absence of] strategies to eliminate unnecessary barriers to access services S AND;
17a         (h) STRATEGIES TO PROVIDE ASSISTANCE TO EMPLOYEES FACING EMPLOYMENT
17b     DISLOCATION AND THEIR EMPLOYERS s .
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 [assistance] centers and staff levels to deliver services;
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;

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1        (h) regional oversight processes that include a process to evaluate program effectiveness
2    and develop plans to improve programs; [and]
3        (i) internal and external marketing strategies to improve the understanding and visibility
4    of regional workforce service efforts[.]; S [and] s
5        (j) coordination of apprenticeship training S AND;
5a         (k) STRATEGIES TO PROVIDE ASSISTANCE TO EMPLOYEES FACING EMPLOYMENT
5b     DISLOCATION AND THEIR EMPLOYERS s .
6        (3) For purposes of this section, outcome measures shall:
7        (a) be based on:
8        (i) clients[,];
9        (ii) quality of service[,]; and
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[,]; and
16        (iv) changes in participation in [stabilization] employment assistance programs.
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[,]; and
22        (e) any other issues the council considers appropriate.
23     Section S [218] 220 s . Section 35A-1-209, which is renumbered from Section 35A-1-403 is
     24    renumbered and amended to read:
25         [35A-1-403].     35A-1-209. Employment decisions.
26        It is the intent of the Legislature that:
27        (1) In any employment decisions necessary to implement [this act] the Department of
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 [either]:

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1        (i) state employees [over];
2        (ii) county employees; or [to county employees over state]
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        [(b)] (c) division directors;
18        [(c)] (d) members of the Workforce Appeals Board; [and]
19        [(d)] (e) directors of regional workforce services areas[.];
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.

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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) [When] In the judgment of the presiding officer having jurisdiction of the proceedings
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 [may
14    be fixed, hearings];
15        (b) jointly [conducted,] conduct S [hearing] HEARINGS s ;
16        (c) make a single record of the proceedings [made,]; and
17        (d) consider evidence introduced with respect to one proceeding [considered] as introduced
18    in the others [if in the judgment of the presiding officer having jurisdiction of the proceedings, the
19    consolidation would not be prejudicial to any party].
20        (3) (a) [A] The director shall keep a full and complete record [shall be kept] of all
21    adjudicative proceedings in connection with a disputed matter.
22        (b) All testimony at any hearing [upon a disputed matter] shall be [reported] recorded but
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.


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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)