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S.B. 166 Enrolled

    

WORKFORCE SERVICES AND LABOR COMMISSION

    
IMPLEMENTATION AND AMENDMENTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: David L. Buhler

    AN ACT RELATING TO WORKFORCE SERVICES; AMENDING THE STRUCTURE OF
    THE DEPARTMENT OF WORKFORCE SERVICES; CREATING THE LABOR
    COMMISSION; ADDRESSING AUTHORITY AND RESPONSIBILITIES OF THE
    LABOR COMMISSION AND THE DEPARTMENT OF WORKFORCE SERVICES;
    ADDRESSING RESPONSIBILITIES OF DIVISIONS; AMENDING LABOR
    PROVISIONS; CREATING A LABOR RELATIONS BOARD; AMENDING
    WORKERS' COMPENSATION LAWS; AMENDING ANTIDISCRIMINATION LAWS;
    AMENDING OCCUPATIONAL SAFETY AND HEALTH LAWS; AMENDING
    SAFETY PROVISIONS; AMENDING EMPLOYMENT SECURITY; AMENDING
    PROVISIONS RELATED TO REGIONAL STRUCTURE OF THE DEPARTMENT OF
    WORKFORCE SERVICES; AMENDING PROVISIONS RELATED TO PROVIDING
    EMPLOYMENT ASSISTANCE; AMENDING OFFICE OF CHILD CARE
    PROVISIONS; AMENDING APPRENTICESHIP PROVISIONS; ADDRESSING
    REVIEW OF RULES; AMENDING SUNSET PROVISIONS; AMENDING
    COMPENSATION FOR OFFICERS; MAKING CONFORMING AMENDMENTS;
    MAKING TECHNICAL CORRECTIONS; PROVIDING FOR RETROSPECTIVE
    OPERATION; PROVIDING FOR APPOINTMENT OF COMMITTEES; ELIMINATING
    THE REPEAL OF SECTION 62A-1-114 IN UNCODIFIED MATERIAL; PROVIDING
    AN EFFECTIVE DATE; AND PROVIDING A COORDINATION CLAUSE.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         9-2-413 (Effective 07/01/97), as last amended by Chapters 240 and 292, Laws of Utah
    1996
         10-2-302, as last amended by Chapter 68, Laws of Utah 1984


         17-5-214, as renumbered and amended by Chapter 147, Laws of Utah 1994
         17-33-10 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         23-19-36, as last amended by Chapter 20, Laws of Utah 1995
         26-1-30 (Effective 07/01/97), as last amended by Chapters 201 and 240, Laws of Utah 1996
         26-4-24 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         26-6a-11 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         26-6a-12 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         26-6a-13 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         26-6a-14 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-15-103 (Effective 07/01/97), as last amended by Chapter 9, Laws of Utah 1996,
    Second Special Session
         31A-22-303 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-22-305 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-22-1002 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-22-1003 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-22-1009 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-26-103 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-27-315 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-31-107 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-31-108 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         31A-33-102 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996
         31A-33-104 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996
         31A-33-108 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996
         31A-33-113 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996

- 2 -


         31A-33-117 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996
         32A-14-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-20-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-20-3 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-20-4, as enacted by Chapter 85, Laws of Utah 1969
         34-20-10, as last amended by Chapter 161, Laws of Utah 1987
         34-21-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-23-103 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-23-104 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-23-301 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-23-302 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-23-402 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-28-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-28-9 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-28-10 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-28-19 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-29-10 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-29-21 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-36-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-38-14 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-40-102 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-40-103 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-40-104 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-40-105 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-40-204 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         34-41-106 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         35A-1-102 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996

- 3 -


         35A-1-103 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-104 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-202 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-203 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-204 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-205 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-206 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-207 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-301 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-302 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-305 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-2-101 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-2-102 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-2-103 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-2-201 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-2-202 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-2-203 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-4-104 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-106 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-107 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-201 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-202 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-204 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah

- 4 -


    1996
         35A-4-205 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-206 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-305 (Effective 07/01/97), as last amended by Chapter 129 and renumbered and
    amended by Chapter 240, Laws of Utah 1996
         35A-4-306 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-312 (Effective 07/01/97), as last amended by Chapter 77 and renumbered and
    amended by Chapter 240, Laws of Utah 1996
         35A-4-403 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-501 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-502 (Effective 07/01/97), as renumbered and amended by Chapter 240 and last
    amended by Chapter 243, Laws of Utah 1996
         35A-4-504 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-505 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-506 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-4-508 (Effective 07/01/97), as last amended by Chapter 129 and renumbered and
    amended by Chapter 240 and last amended by Chapter 243, Laws of Utah
    1996
         40-2-1 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         40-2-1.1 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996

- 5 -


         40-2-1.5 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         40-2-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         40-2-3 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         40-2-14 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         40-2-15 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         40-2-16 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         51-7-11 (Effective 07/01/97), as last amended by Chapters 79, 133, and 240, Laws of Utah
    1996
         51-7-12.5 (Effective 07/01/97), as last amended by Chapters 240 and 243, Laws of Utah
    1996
         53-7-203 (Effective 07/01/97), as last amended by Chapters 194, 240, and 243, Laws of
    Utah 1996
         53A-1-403.5, as last amended by Chapter 13, Laws of Utah 1994
         53A-1-502 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         53A-3-417, as last amended by Chapter 97, Laws of Utah 1992
         54-8b-10, as last amended by Chapter 292, Laws of Utah 1994
         54-11-5 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         57-21-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         57-21-8 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         57-21-9 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         57-21-10 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         57-21-11 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         57-21-13 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         58-55-302 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         58-59-302 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         58-59-501 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         58-63-302 (Effective 07/01/97), as last amended by Chapter 228 and 240, Laws of Utah
    1996

- 6 -


         58-65-302 (Effective 07/01/97), as last amended by Chapter 227 and 240, Laws of Utah
    1996
         59-7-608 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         59-9-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         59-10-109 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         59-10-404, as last amended by Chapter 129, Laws of Utah 1996
         62A-1-114 (Repealed 07/01/97), as last amended by Chapter 242, Laws of Utah 1988
         62A-4a-709 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         63-5b-102 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         63-28-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         63-38b-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         63-46a-9, as last amended by Chapter 60, Laws of Utah 1996
         63-46b-1 (Effective 07/01/97), as last amended by Chapters 20 and 240, Laws of Utah 1996
         63-55-235 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         63-55-253, as last amended by Chapters 25 and 37, Laws of Utah 1996
         63-91-201, as last amended by Chapter 293, Laws of Utah 1996
         63A-2-301 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         64-13-16 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         64-13-19 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         67-1-12 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         67-19-4 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         67-19-6.3 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         67-19-6.7 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         67-19-32 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         67-19c-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         67-22-2 (Effective 07/01/97), as last amended by Chapters 240 and 337, Laws of Utah 1996
         76-8-1203, as enacted by Chapter 122, Laws of Utah 1994
         76-8-1204, as enacted by Chapter 122, Laws of Utah 1994

- 7 -


         76-8-1205, as enacted by Chapter 122, Laws of Utah 1994
         78-45-7.5, as last amended by Chapter 171, Laws of Utah 1996
    ENACTS:
         31A-33-103.5, Utah Code Annotated 1953
         34A-1-101, Utah Code Annotated 1953
         34A-1-102, Utah Code Annotated 1953
         34A-1-103, Utah Code Annotated 1953
         34A-1-104, Utah Code Annotated 1953
         34A-1-105, Utah Code Annotated 1953
         34A-1-106, Utah Code Annotated 1953
         34A-1-201, Utah Code Annotated 1953
         34A-1-202, Utah Code Annotated 1953
         34A-1-203, Utah Code Annotated 1953
         34A-1-204, Utah Code Annotated 1953
         34A-1-205, Utah Code Annotated 1953
         34A-1-302, Utah Code Annotated 1953
         34A-1-303, Utah Code Annotated 1953
         34A-1-304, Utah Code Annotated 1953
         34A-2-112, Utah Code Annotated 1953
         34A-2-210, Utah Code Annotated 1953
         35A-6-1101, Utah Code Annotated 1953
         63-55-234, Utah Code Annotated 1953
    REPEALS AND REENACTS:
         35A-1-304 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-307 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
    RENUMBERS AND AMENDS:
         34A-1-301, (Renumbered from 35A-3-801, as enacted by Chapter 240, Laws of Utah 1996)
         34A-1-305 (Effective 07/01/97), (Renumbered from 35A-3-802 (Effective 07/01/97), as

- 8 -


    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-306 (Effective 07/01/97), (Renumbered from 35A-3-804 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-307 (Effective 07/01/97), (Renumbered from 35A-3-806 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-308 (Effective 07/01/97), (Renumbered from 35A-3-807 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-309 (Effective 07/01/97), (Renumbered from 35A-3-805 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-310 (Effective 07/01/97), (Renumbered from 35A-3-808 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-401 (Effective 07/01/97), (Renumbered from 35A-3-110 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-402 (Effective 07/01/97), (Renumbered from 35A-3-112 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-403 (Effective 07/01/97), (Renumbered from 35A-3-116 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-404 (Effective 07/01/97), (Renumbered from 35A-3-113 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-405 (Effective 07/01/97), (Renumbered from 35A-3-111 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-406 (Effective 07/01/97), (Renumbered from 35A-3-303 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-407 (Effective 07/01/97), (Renumbered from 35A-3-304 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-408 (Effective 07/01/97), (Renumbered from 35A-3-307 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-1-409 (Effective 07/01/97), (Renumbered from 35A-3-115 (Effective 07/01/97), as

- 9 -


    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-101 (Effective 07/01/97), (Renumbered from 35A-3-101 (Effective 07/01/97), as
    enacted by Chapter 240, Laws of Utah 1996)
         34A-2-102 (Effective 07/01/97), (Renumbered from 35A-3-102 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-103 (Effective 07/01/97), (Renumbered from 35A-3-103 (Effective 07/01/97), as last
    amended by Chapter 190 and renumbered and amended by Chapter 240,
    Laws of Utah 1996)
         34A-2-104 (Effective 07/01/97), (Renumbered from 35A-3-104 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-105 (Effective 07/01/97), (Renumbered from 35A-3-105 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-106 (Effective 07/01/97), (Renumbered from 35A-3-106 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-107 (Effective 07/01/97), (Renumbered from 35A-3-107 (Effective 07/01/97), as
    renumbered and amended by Chapter 240 and last amended by Chapter 243,
    Laws of Utah 1996)
         34A-2-108 (Effective 07/01/97), (Renumbered from 35A-3-108 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-109 (Effective 07/01/97), (Renumbered from 35A-3-109 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-110 (Effective 07/01/97), (Renumbered from 35A-3-114 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-111 (Effective 07/01/97), (Renumbered from 35A-3-117 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-201 (Effective 07/01/97), (Renumbered from 35A-3-201 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-202 (Effective 07/01/97), (Renumbered from 35A-3-202 (Effective 07/01/97), as

- 10 -


    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-203 (Effective 07/01/97), (Renumbered from 35A-3-203 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-204 (Effective 07/01/97), (Renumbered from 35A-3-207 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-205 (Effective 07/01/97), (Renumbered from 35A-3-205 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-206 (Effective 07/01/97), (Renumbered from 35A-3-206 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-207 (Effective 07/01/97), (Renumbered from 35A-3-209 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-208 (Effective 07/01/97), (Renumbered from 35A-3-210 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-209 (Effective 07/01/97), (Renumbered from 35A-3-208 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-211 (Effective 07/01/97), (Renumbered from 35A-3-204 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-212 (Effective 07/01/97), (Renumbered from 35A-3-211 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-301 (Effective 07/01/97), (Renumbered from 35A-3-301 (Effective 07/01/97), as last
    amended by Chapter 79 and renumbered and amended by Chapter 240, Laws
    of Utah 1996)
         34A-2-302 (Effective 07/01/97), (Renumbered from 35A-3-302 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-401 (Effective 07/01/97), (Renumbered from 35A-3-401 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-402 (Effective 07/01/97), (Renumbered from 35A-3-402 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)

- 11 -


         34A-2-403 (Effective 07/01/97), (Renumbered from 35A-3-403 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-404 (Effective 07/01/97), (Renumbered from 35A-3-404 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-405 (Effective 07/01/97), (Renumbered from 35A-3-405 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-406 (Effective 07/01/97), (Renumbered from 35A-3-406 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-407 (Effective 07/01/97), (Renumbered from 35A-3-407 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-408 (Effective 07/01/97), (Renumbered from 35A-3-408 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-409 (Effective 07/01/97), (Renumbered from 35A-3-409 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-410 (Effective 07/01/97), (Renumbered from 35A-3-410 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-411 (Effective 07/01/97), (Renumbered from 35A-3-411 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-412 (Effective 07/01/97), (Renumbered from 35A-3-412 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-413 (Effective 07/01/97), (Renumbered from 35A-3-413 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-414 (Effective 07/01/97), (Renumbered from 35A-3-414 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-415 (Effective 07/01/97), (Renumbered from 35A-3-415 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-416 (Effective 07/01/97), (Renumbered from 35A-3-416 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)

- 12 -


         34A-2-417 (Effective 07/01/97), (Renumbered from 35A-3-417 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-418 (Effective 07/01/97), (Renumbered from 35A-3-418 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-419 (Effective 07/01/97), (Renumbered from 35A-3-419 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-420 (Effective 07/01/97), (Renumbered from 35A-3-420 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-421 (Effective 07/01/97), (Renumbered from 35A-3-421 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-422 (Effective 07/01/97), (Renumbered from 35A-3-422 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-501 (Effective 07/01/97), (Renumbered from 35A-3-501 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-502 (Effective 07/01/97), (Renumbered from 35A-3-502 (Effective 07/01/97), as
    enacted by Chapter 240, Laws of Utah 1996)
         34A-2-503 (Effective 07/01/97), (Renumbered from 35A-3-503 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-504 (Effective 07/01/97), (Renumbered from 35A-3-504 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-505 (Effective 07/01/97), (Renumbered from 35A-3-505 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-506 (Effective 07/01/97), (Renumbered from 35A-3-506 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-507 (Effective 07/01/97), (Renumbered from 35A-3-507 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-601 (Effective 07/01/97), (Renumbered from 35A-3-601 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)

- 13 -


         34A-2-602 (Effective 07/01/97), (Renumbered from 35A-3-602 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-603 (Effective 07/01/97), (Renumbered from 35A-3-603 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-604 (Effective 07/01/97), (Renumbered from 35A-3-604 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-701 (Effective 07/01/97), (Renumbered from 35A-3-701 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-702 (Effective 07/01/97), (Renumbered from 35A-3-702 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-703 (Effective 07/01/97), (Renumbered from 35A-3-703 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-704 (Effective 07/01/97), (Renumbered from 35A-3-704 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-801, (Renumbered from 35A-3-803, as enacted by Chapter 240, Laws of Utah 1996)
         34A-2-802 (Effective 07/01/97), (Renumbered from 35A-3-809 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-2-803 (Effective 07/01/97), (Renumbered from 35A-3-810 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-101 (Effective 07/01/97), (Renumbered from 35A-3a-101 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-102 (Effective 07/01/97), (Renumbered from 35A-3a-102 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-103 (Effective 07/01/97), (Renumbered from 35A-3a-103 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-104 (Effective 07/01/97), (Renumbered from 35A-3a-104 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-105 (Effective 07/01/97), (Renumbered from 35A-3a-105 (Effective 07/01/97), as

- 14 -


    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-106 (Effective 07/01/97), (Renumbered from 35A-3a-106 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-107 (Effective 07/01/97), (Renumbered from 35A-3a-107 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-108 (Effective 07/01/97), (Renumbered from 35A-3a-108 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-109 (Effective 07/01/97), (Renumbered from 35A-3a-109 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-110 (Effective 07/01/97), (Renumbered from 35A-3a-110 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-111 (Effective 07/01/97), (Renumbered from 35A-3a-111 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-3-112 (Effective 07/01/97), (Renumbered from 35A-3a-112 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-4-101 (Effective 07/01/97), (Renumbered from 35A-3b-101 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-4-102 (Effective 07/01/97), (Renumbered from 35A-3b-102 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-5-101 (Effective 07/01/97), (Renumbered from 35A-5-101 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-5-102 (Effective 07/01/97), (Renumbered from 35A-5-102 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-5-103 (Effective 07/01/97), (Renumbered from 35A-5-103 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-5-104 (Effective 07/01/97), (Renumbered from 35A-5-104 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-5-105 (Effective 07/01/97), (Renumbered from 35A-5-105 (Effective 07/01/97), as

- 15 -


    renumbered and amended by Chapter 240 and last amended by Chapter 243,
    Laws of Utah 1996)
         34A-5-106 (Effective 07/01/97), (Renumbered from 35A-5-106 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-5-107 (Effective 07/01/97), (Renumbered from 35A-5-107 (Effective 07/01/97), as last
    amended by Chapter 219 and renumbered and amended by Chapter 240,
    Laws of Utah 1996)
         34A-5-108 (Effective 07/01/97), (Renumbered from 35A-5-108 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-101 (Effective 07/01/97), (Renumbered from 35A-6-101 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-102 (Effective 07/01/97), (Renumbered from 35A-6-102 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-103 (Effective 07/01/97), (Renumbered from 35A-6-103 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-104 (Effective 07/01/97), (Renumbered from 35A-6-104 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-105 (Effective 07/01/97), (Renumbered from 35A-6-105 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-106 (Effective 07/01/97), (Renumbered from 35A-6-106 (Effective 07/01/97), as
    renumbered and amended by Chapter 240 and last amended by Chapter 243,
    Laws of Utah 1996)
         34A-6-107 (Effective 07/01/97), (Renumbered from 35A-6-107 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-108 (Effective 07/01/97), (Renumbered from 35A-6-108 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-109 (Effective 07/01/97), (Renumbered from 35A-6-109 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)

- 16 -


         34A-6-110 (Effective 07/01/97), (Renumbered from 35A-6-110 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-111 (Effective 07/01/97), (Renumbered from 35A-6-111 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-201 (Effective 07/01/97), (Renumbered from 35A-6-201 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-202 (Effective 07/01/97), (Renumbered from 35A-6-202 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-203 (Effective 07/01/97), (Renumbered from 35A-6-203 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-204 (Effective 07/01/97), (Renumbered from 35A-6-204 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-301 (Effective 07/01/97), (Renumbered from 35A-6-301 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-302 (Effective 07/01/97), (Renumbered from 35A-6-302 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-303 (Effective 07/01/97), (Renumbered from 35A-6-303 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-304 (Effective 07/01/97), (Renumbered from 35A-6-304 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-305 (Effective 07/01/97), (Renumbered from 35A-6-305 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-306 (Effective 07/01/97), (Renumbered from 35A-6-306 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-6-307 (Effective 07/01/97), (Renumbered from 35A-6-307 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-7-101 (Effective 07/01/97), (Renumbered from 35A-7-101 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)

- 17 -


         34A-7-102 (Effective 07/01/97), (Renumbered from 35A-7-102 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-7-103 (Effective 07/01/97), (Renumbered from 35A-7-103 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-7-104 (Effective 07/01/97), (Renumbered from 35A-7-104 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-7-105 (Effective 07/01/97), (Renumbered from 35A-7-105 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-101 (Effective 07/01/97), (Renumbered from 35A-9-201 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-102 (Effective 07/01/97), (Renumbered from 35A-9-202 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-103 (Effective 07/01/97), (Renumbered from 35A-9-203 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-104 (Effective 07/01/97), (Renumbered from 35A-9-204 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-105 (Effective 07/01/97), (Renumbered from 35A-9-205 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-106 (Effective 07/01/97), (Renumbered from 35A-9-206 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-107 (Effective 07/01/97), (Renumbered from 35A-9-207 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-108 (Effective 07/01/97), (Renumbered from 35A-9-208 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-109 (Effective 07/01/97), (Renumbered from 35A-9-209 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-110 (Effective 07/01/97), (Renumbered from 35A-9-210 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)

- 18 -


         34A-8-111 (Effective 07/01/97), (Renumbered from 35A-9-211 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-112 (Effective 07/01/97), (Renumbered from 35A-9-212 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         34A-8-113 (Effective 07/01/97), (Renumbered from 35A-9-213 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-1-209, (Renumbered from 35A-1-403, as enacted by Chapter 240, Laws of Utah 1996)
         35A-3-1101 (Effective 07/01/97), (Renumbered from 35A-8-101 (Effective 07/01/97), as
    enacted by Chapter 240, Laws of Utah 1996)
         35A-3-1102, (Renumbered from 53A-15-204, as last amended by Chapter 147, Laws of
    Utah 1994)
         35A-3-1201 (Effective 07/01/97), (Renumbered from 35A-8-201 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-3-1202 (Effective 07/01/97), (Renumbered from 35A-8-202 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-3-1203 (Effective 07/01/97), (Renumbered from 35A-8-203 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-3-1204 (Effective 07/01/97), (Renumbered from 35A-8-204 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-3-1205 (Effective 07/01/97), (Renumbered from 35A-8-205 (Effective 07/01/97), as
    renumbered and amended by Chapter 240 and last amended by Chapter 243,
    Laws of Utah 1996)
         35A-3-1206 (Effective 07/01/97), (Renumbered from 35A-8-206 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-5-1101 (Effective 07/01/97), (Renumbered from 35A-9-101 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-5-1102 (Effective 07/01/97), (Renumbered from 35A-9-102 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)

- 19 -


         35A-5-1103 (Effective 07/01/97), (Renumbered from 35A-9-103 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-5-1201 (Effective 07/01/97), (Renumbered from 35A-9-301 (Effective 07/01/97), as
    enacted by Chapter 240, Laws of Utah 1996)
         35A-5-1202 (Effective 07/01/97), (Renumbered from 35A-9-302 (Effective 07/01/97), as
    enacted by Chapter 240, Laws of Utah 1996)
         35A-6-1102 (Effective 07/01/97), (Renumbered from 35A-10-105 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-6-1103 (Effective 07/01/97), (Renumbered from 35A-10-106 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
         35A-6-1104 (Effective 07/01/97), (Renumbered from 35A-10-107 (Effective 07/01/97), as
    renumbered and amended by Chapter 240, Laws of Utah 1996)
    REPEALS:
         34-28-11, as enacted by Chapter 85, Laws of Utah 1969
         35A-1-308 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-1-401, as enacted by Chapter 240, Laws of Utah 1996
         35A-1-402, as enacted by Chapter 240, Laws of Utah 1996
         35A-1-404, as enacted by Chapter 240, Laws of Utah 1996
         35A-1-405, as enacted by Chapter 240, Laws of Utah 1996
         35A-3-305 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-3-306 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-3-308 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-3-309 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-3-310 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah

- 20 -


    1996
         35A-3-311 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
    1996
         35A-10-101 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996
         35A-10-102 (Effective 07/01/97), as renumbered and amended by Chapter 240 and last
    amended by Chapter 243, Laws of Utah 1996
         35A-10-103 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996
         35A-10-104 (Effective 07/01/97), as renumbered and amended by Chapter 240 and last
    amended by Chapter 243, Laws of Utah 1996
         35A-10-108 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996
    This act affects uncodified material as follows:
    AMENDS:
     Uncodified Section 376, Chapter 240, Laws of Utah 1996
    This act enacts uncodified material.
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 9-2-413 (Effective 07/01/97) is amended to read:
         9-2-413 (Effective 07/01/97 Repealed 01/01/98). State tax credits.
        (1) Subject to the limitations of Subsections (2) through (4), the following state tax credits
    against income tax or corporate franchise tax are applicable in an enterprise zone:
        (a) a tax credit of $750 may be claimed by a business for each new full-time position filled
    for not less than six months during a given tax year;
        (b) an additional $500 tax credit may be claimed if the new position pays at least 125% of:
        (i) the county average monthly nonagricultural payroll wage for the respective industry as
    determined by the [Division of Employment Development. In the event this information]
    Department of Workforce Services; or

- 21 -


        (ii) if the county average monthly nonagricultural payroll wage is not available for the
    respective industry, [the job must pay at least 125% of] the total average monthly nonagricultural
    payroll wage in the respective county where the enterprise zone is located;
        (c) an additional credit of $750 may be claimed if the new position is in a business [which]
    that adds value to agricultural commodities through manufacturing or processing;
        (d) an additional credit of $200 may be claimed for two consecutive years for each new
    employee who is insured under an employer-sponsored health insurance program if the employer
    pays at least 50% of the premium cost for two consecutive years;
        (e) a credit of 50% of the value of a cash contribution to a private nonprofit corporation,
    except that the credit claimed may not exceed $100,000:
        (i) that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
    Code;
        (ii) whose primary purpose is community and economic development; and
        (iii) that has been accredited by the board of directors of the Utah Rural Development
    Council;
        (f) a credit of 25% of the first $200,000 spent on rehabilitating a building in the enterprise
    zone that has been vacant for two years or more; and
         (g) an annual investment tax credit of 10% of the first $250,000 in investment, and 5% of
    the next $1,000,000 qualifying investment in plant, equipment, or other depreciable property.
        (2) (a) Subject to the limitations of Subsection (2)(b), a business claiming a credit under
    Subsections (1)(a) through (d) may claim a credit for 30 full-time employee positions or less in each
    of its taxable years.
        (b) A business that received a credit for its full-time employee positions under Subsections
    (1)(a) through (d) may claim an additional credit for a full-time employee position under Subsections
    (1)(a) through (d) if:
        (i) the business creates a new full-time employee position;
        (ii) the total number of full-time employee positions at the business is greater than the
    number of full-time employee positions previously claimed by the business under Subsections (1)(a)

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    through (d); and
        (iii) the total number of credits the business has claimed for its current taxable year,
    including the new full-time employee position for which the business is claiming a credit, is less than
    or equal to 30.
        (c) A business existing in an enterprise zone on the date of its designation shall calculate the
    number of full-time positions based on the average number of employees reported to the [Division
    of Employment Development] Department of Workforce Services.
        (d) Construction jobs are not eligible for the tax credit under Subsections (1)(a) through (d).
        (3) Tax credits not claimed by a business on its state income tax return within three years
    are forfeited.
        (4) The tax credits under Subsections (1)(a) through (d) may not be claimed by a business
    engaged in retail trade or by a public utilities business.
        Section 2. Section 10-2-302 is amended to read:
         10-2-302. Change of class.
        (1) Whenever any city of the second class shall have attained the population of 100,000 or
    more, or any city of the third class shall have attained a population of 60,000 or more, or any town
    shall have attained the population of 800 or more, as ascertained and determined by a national, state,
    or special census conducted by a municipality, it shall be the duty of the mayor to certify that fact
    to the lieutenant governor who shall certify that fact to the governor. Upon receipt of the certificate,
    the governor shall declare by public proclamation that the city or town is now a city of the first,
    second, or third class, as the case may be. The municipality thus changed will be governed by the
    provision of this act applicable to municipalities to the class to which such municipality has become.
        (2) Any census conducted, or population estimate of the [Utah Division of Employment
    Security] Department of Workforce Services conducted for the purpose of determining the
    population of any municipality shall be considered an official census and may be used for any
    purpose for which population is a factor.
        Section 3. Section 17-5-214 is amended to read:
         17-5-214. Fees of county officers.

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        (1) As used in this section, "county officer" means all of the county officers enumerated in
    Section 17-16-2 except county recorders, county constables, and county sheriffs.
        (2) The county legislative body shall adopt an ordinance establishing the fees for services
    provided by each county officer.
        (3) (a) Each county officer shall collect, in advance, for exclusive county use and benefit:
        (i) all fees established by the county legislative body under this section; and
        (ii) any other fees authorized or required by law.
        (b) As long as the displaced homemaker program is authorized by Section [53A-15-204]
    35A-3-1102, the county clerk shall:
        (i) assess $20 in addition to whatever fee for a marriage license is established under authority
    of this section; and
        (ii) transmit $20 from each marriage license fee to the Division of Finance to be credited to
    the displaced homemaker program.
        (c) As long as the Children's Legal Defense Account is authorized by Section 63-63a-8, the
    county clerk shall:
        (i) assess $10 in addition to whatever fee for a marriage license is established under authority
    of this section and in addition to the $20 assessed for the displaced homemaker program; and
        (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit in the
    Children's Legal Defense Account.
        (4) This section does not apply to any fees currently being assessed by the state but collected
    by county officers.
        Section 4. Section 17-33-10 (Effective 07/01/97) is amended to read:
         17-33-10 (Effective 07/01/97). Grievance and appeals procedure -- Employees'
     complaints of discriminatory or unfair employment practice.
        (1) Any county to which the provisions of this act apply shall establish in its personnel rules
    and regulations a grievance and appeals procedure. The procedure shall be used to resolve disputes
    arising from grievances as defined in the rules and regulations, including but not limited to acts of
    discrimination. The procedure may also be used by employees in the event of dismissal, demotion,

- 24 -


    suspension, or transfer.
        (2) Any charge by a county career service employee of discriminatory or unfair employment
    practice as prohibited by Section [35A-5-106] 34A-5-106, can be filed with the Division of
    Antidiscrimination and Labor[, Safety, and Program Regulation] within the Labor Commission.
    Complaints shall be filed within 30 days of the issuance of a written decision of the county career
    service council.
        Section 5. Section 23-19-36 is amended to read:
         23-19-36. Disabled, mentally retarded, and terminally ill persons -- License to fish --
     Fees.
        (1) A resident who is blind, paraplegic, or otherwise permanently disabled so as to be
    permanently confined to a wheelchair or the use of crutches, or who has lost either or both lower
    extremities, may receive a license to fish upon:
        (a) furnishing satisfactory proof of this fact to the Division of Wildlife Resources; and
        (b) payment of a fee of 50 cents.
        (2) A resident who is a mentally retarded person and is not eligible under Section 23-19-14
    to fish without a license may receive a license to fish upon:
        (a) furnishing verification of mental retardation, as defined in Section 62A-5-101, from a
    physician; and
        (b) payment of a fee of $5.
        (3) A resident who is terminally ill, and has less than five years to live, may receive a free
    license to fish:
        (a) upon furnishing verification from a physician; and
        (b) if he qualifies for assistance under any low income public assistance program
    administered by [the Department of Human Services] a state agency.
        Section 6. Section 26-1-30 (Effective 07/01/97) is amended to read:
         26-1-30(Effective 07/01/97). Powers and duties of department.
        (1) The department shall:
        (a) enter into cooperative agreements with the Department of Environmental Quality to

- 25 -


    delineate specific responsibilities to assure that assessment and management of risk to human health
    from the environment are properly administered; and
        (b) consult with the Department of Environmental Quality and enter into cooperative
    agreements, as needed, to ensure efficient use of resources and effective response to potential health
    and safety threats from the environment, and to prevent gaps in protection from potential risks from
    the environment to specific individuals or population groups.
        (2) In addition to all other powers and duties of the department, it shall have and exercise
    the following powers and duties:
        (a) promote and protect the health and wellness of the people within the state;
        (b) establish, maintain, and enforce rules necessary or desirable to carry out the provisions
    and purposes of this title to promote and protect the public health or to prevent disease and illness;
        (c) investigate and control the causes of epidemic, infectious, communicable, and other
    diseases affecting the public health;
        (d) provide for the detection, reporting, prevention, and control of communicable, infectious,
    acute, chronic, or any other disease or health hazard that the department considers to be dangerous,
    important, or likely to affect the public health;
        (e) collect and report information on causes of injury, sickness, death, and disability and the
    risk factors that contribute to the causes of injury, sickness, death, and disability within the state;
        (f) collect, prepare, publish, and disseminate information to inform the public concerning
    the health and wellness of the population, specific hazards, and risks that may affect the health and
    wellness of the population and specific activities which may promote and protect the health and
    wellness of the population;
        (g) establish and operate programs necessary or desirable for the promotion or protection
    of the public health and the control of disease or which may be necessary to ameliorate the major
    causes of injury, sickness, death, and disability in the state, except that the programs shall not be
    established if adequate programs exist in the private sector;
        (h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
    exercise physical control over property and individuals as the department finds necessary for the

- 26 -


    protection of the public health;
        (i) close theaters, schools, and other public places and forbid gatherings of people when
    necessary to protect the public health;
        (j) abate nuisances when necessary to eliminate sources of filth and infectious and
    communicable diseases affecting the public health;
        (k) make necessary sanitary and health investigations and inspections in cooperation with
    local health departments as to any matters affecting the public health;
        (l) establish laboratory services necessary to support public health programs and medical
    services in the state;
        (m) establish and enforce standards for laboratory services which are provided by any
    laboratory in the state when the purpose of the services is to protect the public health;
        (n) cooperate with the [Department of Workforce Services] Labor Commission to conduct
    studies of occupational health hazards and occupational diseases arising in and out of employment
    in industry, and make recommendations for elimination or reduction of the hazards;
        (o) cooperate with the local health departments, the Department of Corrections, the
    Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
    Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
    victims of a sexual offense;
        (p) investigate the cause of maternal and infant mortality;
        (q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians and
    drivers of motor vehicles killed in highway accidents be examined for the presence and concentration
    of alcohol;
        (r) provide the commissioner of public safety with monthly statistics reflecting the results
    of the examinations provided for in Subsection (2)(q) and provide safeguards so that information
    derived from the examinations is not used for a purpose other than the compilation of statistics
    authorized in this subsection;
        (s) establish qualifications for individuals permitted to draw blood pursuant to Section
    41-6-44.10, and to issue permits to individuals it finds qualified, which permits may be terminated

- 27 -


    or revoked by the department;
        (t) establish a uniform public health program throughout the state which includes continuous
    service, employment of qualified employees, and a basic program of disease control, vital and health
    statistics, sanitation, public health nursing, and other preventive health programs necessary or
    desirable for the protection of public health;
        (u) adopt rules and enforce minimum sanitary standards for the operation and maintenance
    of:
        (i) orphanages;
        (ii) boarding homes;
        (iii) summer camps for children;
        (iv) lodging houses;
        (v) hotels;
        (vi) restaurants and all other places where food is handled for commercial purposes, sold,
    or served to the public;
        (vii) tourist and trailer camps;
        (viii) service stations;
        (ix) public conveyances and stations;
        (x) public and private schools;
        (xi) factories;
        (xii) private sanatoria;
        (xiii) barber shops;
        (xiv) beauty shops;
        (xv) physicians' offices;
        (xvi) dentists' offices;
        (xvii) workshops;
        (xviii) industrial, labor, or construction camps;
        (xix) recreational resorts and camps;
        (xx) swimming pools, public baths, and bathing beaches;

- 28 -


        (xxi) state, county, or municipal institutions, including hospitals and other buildings, centers,
    and places used for public gatherings; and
        (xxii) of any other facilities in public buildings and on public grounds;
        (v) conduct health planning for the state;
        (w) monitor the costs of health care in the state and foster price competition in the health
    care delivery system;
        (x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
    Chapter 21;
        (y) serve as the collecting agent, on behalf of the state, for the nursing facility assessment
    fee imposed under Title 26, Chapter 35, and the temporary provider assessment imposed under
    Chapter 36, and adopt rules for the enforcement and administration of the assessments consistent
    with Chapters 35 and 36; and
        (z) monitor and report to the Health Policy Commission created in Title 63C, Chapter 3, on
    the development of managed health care plans in rural areas of the state, including the effect of the
    managed health care plans on costs, access, and availability of providers located in the rural
    communities of the state.
        Section 7. Section 26-4-24 (Effective 07/01/97) is amended to read:
         26-4-24 (Effective 07/01/97). Autopsies -- Persons eligible to authorize.
        (1) Autopsies may be authorized:
        (a) by the [executive director] commissioner of the [Department of Workforce Services]
    Labor Commission or the [executive director's] commissioner's designee as provided in Section
    [35A-3-603] 34A-2-603;
        (b) by individuals by will or other written document;
        (c) upon a decedent by the next of kin in the following order and as known: surviving
    spouse, child, if 18 years or older, otherwise the legal guardian of the child, parent, sibling, uncle
    or aunt, nephew or niece, cousin, others charged by law with the duty of burial, or friend assuming
    the obligation of burial;
        (d) by the county attorney, district attorney, or [his] the district attorney's deputy, or a district

- 29 -


    judge; and
        (e) by the medical examiner as provided in this chapter.
        (2) Autopsies authorized under Subsections (1)(a) and (1)(d) shall be performed by a
    certified pathologist.
        (3) No criminal or civil action arises against a pathologist or a physician who proceeds in
    good faith and performs an autopsy authorized by this section.
        Section 8. Section 26-6a-11 (Effective 07/01/97) is amended to read:
         26-6a-11 (Effective 07/01/97). Workers' compensation claims by emergency medical
     services providers -- Time limits.
        (1) For all purposes of establishing a workers' compensation claim, the "date of accident"
    is presumed to be the date on which an emergency medical services provider first tests positive for
    a disease. However, for purposes of establishing the rate of workers' compensation benefits under
    Subsection [35A-3-702] 34A-2-702(5), if a positive test for a disease occurs within three months
    after termination of employment, the last date of employment is presumed to be the "date of
    accident."
        (2) The time limits prescribed by Section [35A-3-417] 34A-2-417 do not apply to an
    employee whose disability is due to a disease, so long as the employee who claims to have suffered
    a significant exposure in the service of his employer gives notice, as required by Section
    [35A-3a-108] 34A-3-108, of the "date of accident."
        (3) Any claim for workers' compensation benefits or medical expenses shall be filed with
    the Division of Adjudication of the Labor Commission within one year after the date on which the
    employee first becomes disabled or requires medical treatment for a disease, or within one year after
    the termination of employment as an emergency medical services provider, whichever occurs later.
        Section 9. Section 26-6a-12 (Effective 07/01/97) is amended to read:
         26-6a-12 (Effective 07/01/97). Failure to be tested -- Time limit for death benefits.
        (1) An emergency medical services provider who refuses or fails to be tested in accordance
    with Section 26-6a-10 is not entitled to any of the presumptions provided by Sections 26-6a-10
    through 26-6a-14.

- 30 -


        (2) Death benefits payable under Section [35A-3-702] 34A-2-702 are payable only if it can
    be established by competent evidence that death was a consequence of or result of the disease and,
    notwithstanding Subsection [35A-3-702] 34A-2-702(5), that death occurred within six years from
    the date the employee first became disabled or required medical treatment for the disease that caused
    his death.
        Section 10. Section 26-6a-13 (Effective 07/01/97) is amended to read:
         26-6a-13 (Effective 07/01/97). Volunteer emergency medical services providers --
     Workers' compensation premiums.
        (1) For purposes of receiving workers' compensation benefits, any person performing the
    services of an emergency medical services provider is considered an employee of the entity for
    whom it provides those services.
        (2) (a) With regard to emergency medical services providers who perform those services for
    minimal or no compensation on a volunteer basis, and who are primarily employed other than as
    emergency medical services providers, the amount of workers' compensation benefits shall be based
    on that primary employment. Any excess premiums necessary for workers' compensation shall be
    paid by the entity that utilized that individual as an emergency medical services provider.
        (b) With regard to emergency medical services providers who perform those services for
    minimal or no compensation or on a volunteer basis, and who have no other employment, the
    amount of workers' compensation benefits shall be the minimum benefit. Any premium necessary
    for workers' compensation shall be paid by the entity that utilizes that individual as an emergency
    medical services provider.
        (3) Workers' compensation benefits are the exclusive remedy for all injuries and
    occupational diseases, as provided by Title [35A] 34A, Chapters 2 and 3 [and 3a]. However,
    emergency medical services providers described in Subsection (2) are not precluded from utilizing
    insurance benefits provided by a primary employer, or any other insurance benefits, in addition to
    workers' compensation benefits.
        Section 11. Section 26-6a-14 (Effective 07/01/97) is amended to read:
         26-6a-14 (Effective 07/01/97). Rulemaking authority -- Rebuttable presumption.

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        (1) The [Department of Workforce Services] Labor Commission has authority to establish
    rules necessary for the purposes of Sections 26-6a-10 through 26-6a-13.
        (2) The presumption provided by Sections 26-6a-10 through 26-6a-14 is a rebuttable
    presumption.
        Section 12. Section 31A-15-103 (Effective 07/01/97) is amended to read:
         31A-15-103 (Effective 07/01/97). Surplus lines insurance -- Unauthorized insurers.
        (1) Notwithstanding Section 31A-15-102, a foreign insurer that has not obtained a certificate
    of authority to do business in this state under Section 31A-14-202 may negotiate for and make
    insurance contracts with persons in this state and on risks located in this state, subject to the
    limitations and requirements of this section.
        (2) For contracts made under this section, the insurer may, in this state, inspect the risks to
    be insured, collect premiums and adjust losses, and do all other acts reasonably incidental to the
    contract, through employees or through independent contractors.
        (3) Subsections (1) and (2) do not permit any person to solicit business in this state on behalf
    of an insurer that has no certificate of authority. Any insurance placed with a nonadmitted insurer
    shall be placed with a surplus lines broker licensed under Chapter 23. The commissioner may by
    rule prescribe how a surplus lines broker may pay or permit the payment, commission, or other
    remuneration on insurance placed by him under authority of his license to one holding a license to
    act as an insurance agent, and how he may advertise the availability of his services in procuring, on
    behalf of persons seeking insurance, contracts with nonadmitted insurers.
        (4) For contracts made under this section, nonadmitted insurers are subject to Sections
    31A-23-302 and 31A-26-303 and the rules adopted under those sections.
        (5) A nonadmitted insurer may not issue workers' compensation insurance coverage to
    employers located in this state, except for stop loss coverages issued to employers securing workers'
    compensation under Subsection [35A-3-201] 34A-2-201(1)(c).
        (6) (a) The commissioner may by rule prohibit making contracts under Subsection (1) for
    a specified class of insurance if authorized insurers provide an established market for the class in this
    state that is adequate and reasonably competitive.

- 32 -


        (b) The commissioner may by rule place restrictions and limitations on and create special
    procedures for making contracts under Subsection (1) for a specified class of insurance if there have
    been abuses of placements in the class or if the policyholders in the class, because of limited
    financial resources, business experience, or knowledge, cannot protect their own interests
    adequately.
        (c) The commissioner may prohibit an individual insurer from making any contract under
    Subsection (1) and all insurance agents and brokers from dealing with the insurer if:
        (i) the insurer has willfully violated this section, Section 31A-4-102, 31A-23-302, or
    31A-26-303, or any rule adopted under any of these sections;
        (ii) the insurer has failed to pay the fees and taxes specified under Section 31A-3-301; or
        (iii) the commissioner has reason to believe that the insurer is in an unsound condition or
    is operated in a fraudulent, dishonest, or incompetent manner or in violation of the law of its
    domicile.
        (d) The commissioner may issue lists of unauthorized foreign insurers whose solidity he
    doubts or whose practices he considers objectionable. The commissioner shall issue lists of
    unauthorized foreign insurers he considers to be reliable and solid. The commissioner may also
    issue other relevant evaluations of unauthorized insurers. No action lies against the commissioner
    or any employee of the department for any written or oral communication made in, or in connection
    with the issuance of, these lists or evaluations. A foreign unauthorized insurer shall be listed on the
    commissioner's "reliable" list only if the unauthorized insurer:
        (i) has delivered a request to the commissioner to be on the list;
        (ii) has established satisfactory evidence of good reputation and financial integrity;
        (iii) has delivered to the commissioner a copy of its current annual statement certified by the
    insurer and continues each subsequent year to file its annual statements with the commissioner
    within 60 days of its filing with the insurance regulatory authority where it is domiciled; and
        (iv) (A) is in substantial compliance with the solvency standards in Chapter 17, Part 6,
    Risk-Based Capital, or maintains capital and surplus of at least $5,000,000, whichever is greater, and
    maintains in the United States an irrevocable trust fund in either a national bank or a member of the

- 33 -


    Federal Reserve System, or maintains a deposit meeting the statutory deposit requirements for
    insurers in the state where it is made, which trust fund or deposit:
        (I) shall be in an amount not less than $1,500,000 for the protection of all of the insurer's
    policyholders in the United States;
        (II) may consist of cash, securities, or investments of substantially the same character and
    quality as those which are "qualified assets" under Section 31A-17-201; and
        (III) may include as part of the trust arrangement a letter of credit that qualifies as acceptable
    security under Subsection 31A-17-404(3)(c)(iii); or
        (B) in the case of any "Lloyd's" or other similar incorporated or unincorporated group of
    alien individual insurers, maintains a trust fund that:
        (I) shall be in an amount not less than $50,000,000 as security to its full amount for all
    policyholders and creditors in the United States of each member of the group;
        (II) may consist of cash, securities, or investments of substantially the same character and
    quality as those which are "qualified assets" under Section 31A-17-201; and
        (III) may include as part of this trust arrangement a letter of credit that qualifies as
    acceptable security under Subsection 31A-17-404(3)(c)(iii).
        (7) A surplus lines broker may not, either knowingly or without reasonable investigation of
    the financial condition and general reputation of the insurer, place insurance under this section with
    financially unsound insurers or with insurers engaging in unfair practices, or with otherwise
    substandard insurers, unless the broker gives the applicant notice in writing of the known
    deficiencies of the insurer or the limitations on his investigation, and explains the need to place the
    business with that insurer. A copy of this notice shall be kept in the office of the broker for at least
    five years. To be financially sound, an insurer shall satisfy standards that are comparable to those
    applied under the laws of this state to authorized insurers. Insurers on the "doubtful or
    objectionable" list under Subsection (6)(d) and insurers not on the commissioner's "reliable" list
    under Subsection (6)(d) are presumed substandard.
        (8) A policy issued under this section shall include a description of the subject of the
    insurance and indicate the coverage, conditions, and term of the insurance, the premium charged and

- 34 -


    premium taxes to be collected from the policyholder, and the name and address of the policyholder
    and insurer. If the direct risk is assumed by more than one insurer, the policy shall state the names
    and addresses of all insurers and the portion of the entire direct risk each has assumed. All policies
    issued under the authority of this section shall have attached or affixed to the policy the following
    statement: "The insurer issuing this policy does not hold a certificate of authority to do business in
    this state and thus is not fully subject to regulation by the Utah insurance commissioner. This policy
    receives no protection from any of the guaranty associations created under Title 31A, Chapter 28."
        (9) Upon placing a new or renewal coverage under this section, the broker shall promptly
    deliver to the policyholder or his agent evidence of the insurance consisting either of the policy as
    issued by the insurer or, if the policy is not then available, a certificate, cover note, or other
    confirmation of insurance complying with Subsection (8).
        (10) If he finds it necessary to protect the interests of insureds and the public in this state,
    the commissioner may by rule subject policies issued under this section to as much of the regulation
    provided by this title as is required for comparable policies written by authorized foreign insurers.
        (11) (a) Each surplus lines transaction in this state shall be examined to determine whether
    it complies with:
        (i) the surplus lines tax levied under Chapter 3;
        (ii) the solicitation limitations of Subsection (3);
        (iii) the requirement of Subsection (3) that placement be through a surplus lines broker;
        (iv) placement limitations imposed under Subsections (6)(a), (b), and (c); and
        (v) the policy form requirements of Subsections (8) and (10).
        (b) The examination described in Subsection (11)(a) shall take place as soon as practicable
    after the transaction. The surplus lines broker shall submit to the examiner information necessary
    to conduct the examination within a period specified by rule.
        (c) The examination described in Subsection (11)(a) may be conducted by the commissioner
    or by an advisory organization created under Section 31A-15-111 and authorized by the
    commissioner to conduct these examinations. The commissioner is not required to authorize any
    additional advisory organizations to conduct examinations under this subsection. The

- 35 -


    commissioner's authorization of one or more advisory organizations to act as examiners under this
    subsection shall be by rule. In addition, the authorization shall be evidenced by a contract, on a form
    provided by the commissioner, between the authorized advisory organization and the department.
        (d) The person conducting the examination described in Subsection (11)(a) shall collect a
    stamping fee of an amount not to exceed 1% of the policy premium payable in connection with the
    transaction. Stamping fees collected by the commissioner shall be deposited in the General Fund.
    The commissioner shall establish this fee by rule. Stamping fees collected by an advisory
    organization are the property of the advisory organization to be used in paying the expenses of the
    advisory organization. Liability for paying the stamping fee is as required under Subsection
    31A-3-303(1) for taxes imposed under Section 31A-3-301. The commissioner shall adopt a rule
    dealing with the payment of stamping fees. If stamping fees are not paid when due, the
    commissioner or advisory organization may impose a penalty of 25% of the fee due, plus 1-1/2%
    per month from the time of default until full payment of the fee. Fees relative to policies covering
    risks located partially in this state shall be allocated in the same manner as under Subsection
    31A-3-303(4).
        (e) The commissioner, representatives of the department, advisory organizations,
    representatives and members of advisory organizations, authorized insurers, and surplus lines
    insurers are not liable for damages on account of statements, comments, or recommendations made
    in good faith in connection with their duties under this subsection or under Section 31A-15-111.
        (f) Examinations conducted under this subsection and the documents and materials related
    to the examinations are confidential.
        Section 13. Section 31A-22-303 (Effective 07/01/97) is amended to read:
         31A-22-303 (Effective 07/01/97). Motor vehicle liability coverage.
        (1) In addition to complying with the requirements of Chapter 21 and Part II of Chapter 22,
    a policy of motor vehicle liability coverage under Subsection 31A-22-302(1)(a) shall:
        (a) name the motor vehicle owner or operator in whose name the policy was purchased, state
    that named insured's address, the coverage afforded, the premium charged, the policy period, and
    the limits of liability;

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        (b) (i) if it is an owner's policy, designate by appropriate reference all the motor vehicles on
    which coverage is granted, insure the person named in the policy, insure any other person using any
    named motor vehicle with the express or implied permission of the named insured, and, except as
    provided in Subsection (7), insure any person included in Subsection (1)(c) against loss from the
    liability imposed by law for damages arising out of the ownership, maintenance, or use of these
    motor vehicles within the United States and Canada, subject to limits exclusive of interest and costs,
    for each motor vehicle, in amounts not less than the minimum limits specified under Section
    31A-22-304; or
        (ii) if it is an operator's policy, insure the person named as insured against loss from the
    liability imposed upon him by law for damages arising out of the insured's use of any motor vehicle
    not owned by him, within the same territorial limits and with the same limits of liability as in an
    owner's policy under Subsection (1)(b)(i); and
        (c) except as provided in Subsection (7), insure persons related to the named insured by
    blood, marriage, adoption, or guardianship who are residents of the named insured's household,
    including those who usually make their home in the same household but temporarily live elsewhere,
    to the same extent as the named insured.
        (2) A policy containing motor vehicle liability coverage under Subsection 31A-22-302(1)(a)
    may:
        (a) provide for the prorating of the insurance under that policy with other valid and
    collectible insurance;
        (b) grant any lawful coverage in addition to the required motor vehicle liability coverage;
        (c) if the policy is issued to a person other than a motor vehicle business, limit the coverage
    afforded to a motor vehicle business or its officers, agents, or employees to the minimum limits
    under Section 31A-22-304, and to those instances when there is no other valid and collectible
    insurance with at least those limits, whether the other insurance is primary, excess, or contingent;
    and
        (d) if issued to a motor vehicle business, restrict coverage afforded to anyone other than the
    motor vehicle business or its officers, agents, or employees to the minimum limits under Section

- 37 -


    31A-22-304, and to those instances when there is no other valid and collectible insurance with at
    least those limits, whether the other insurance is primary, excess, or contingent.
        (3) Motor vehicle liability coverage need not insure any liability:
        (a) under any workers' compensation law under Title [35A] 34A;
        (b) resulting from bodily injury to or death of an employee of the named insured, other than
    a domestic employee, while engaged in the employment of the insured, or while engaged in the
    operation, maintenance, or repair of a designated vehicle; or
        (c) resulting from damage to property owned by, rented to, bailed to, or transported by the
    insured.
        (4) An insurance carrier providing motor vehicle liability coverage has the right to settle any
    claim covered by the policy, and if the settlement is made in good faith, the amount of the settlement
    is deductible from the limits of liability specified under Section 31A-22-304.
        (5) A policy containing motor vehicle liability coverage imposes on the insurer the duty to
    defend, in good faith, any person insured under the policy against any claim or suit seeking damages
    which would be payable under the policy.
        (6) (a) If a policy containing motor vehicle liability coverage provides an insurer with the
    defense of lack of cooperation on the part of the insured, that defense is not effective against a third
    person making a claim against the insurer, unless there was collusion between the third person and
    the insured.
        (b) If the defense of lack of cooperation is not effective against the claimant, after payment,
    the insurer is subrogated to the injured person's claim against the insured to the extent of the payment
    and is entitled to reimbursement by the insured after the injured third person has been made whole
    with respect to the claim against the insured.
        (7) A policy of motor vehicle liability coverage under Subsection 31A-22-302(1) may
    specifically exclude from coverage a person who is a resident of the named insured's household,
    including a person who usually makes his home in the same household but temporarily lives
    elsewhere, if each person excluded from coverage satisfies the owner's or operator's security
    requirement of Section 41-12a-301, independently of the named insured's proof of owner's or

- 38 -


    operator's security.
        Section 14. Section 31A-22-305 (Effective 07/01/97) is amended to read:
         31A-22-305 (Effective 07/01/97). Uninsured and underinsured motorist coverage.
        (1) As used in this section, "covered persons" includes:
        (a) the named insured;
        (b) persons related to the named insured by blood, marriage, adoption, or guardianship, who
    are residents of the named insured's household, including those who usually make their home in the
    same household but temporarily live elsewhere;
        (c) any person occupying or using a motor vehicle referred to in the policy or owned by a
    self-insurer; and
        (d) any person who is entitled to recover damages against the owner or operator of the
    uninsured or underinsured motor vehicle because of bodily injury to or death of persons under
    Subsection (1)(a), (b), or (c).
        (2) As used in this section, "uninsured motor vehicle" includes:
        (a) (i) a vehicle, the operation, maintenance, or use of which is not covered under a liability
    policy at the time of an injury-causing occurrence; or
        (ii) (A) a vehicle covered with lower liability limits than required by Section 31A-22-304;
        (B) the vehicle described in Subsection (2)(a)(ii)(A) is uninsured to the extent of the
    deficiency;
        (b) an unidentified vehicle that left the scene of an accident proximately caused by the
    vehicle operator; or
        (c) (i) an insured vehicle if, before or after the accident, the liability insurer of the vehicle
    is declared insolvent by a court of competent jurisdiction;
        (ii) the vehicle described in Subsection (2)(c)(i) is uninsured only to the extent that the claim
    against the insolvent insurer is not paid by a guaranty association or fund.
        (3) Uninsured motorist coverage under Subsection 31A-22-302(1)(b) provides coverage for
    covered persons who are legally entitled to recover damages from owners or operators of uninsured
    motor vehicles because of bodily injury, sickness, disease, or death in limits that at least equal the

- 39 -


    minimum bodily injury limits for motor vehicle liability policies under Section 31A-22-304.
        (4) (a) Except as provided in Subsection (4)(b), the named insured may reject uninsured
    motorist coverage by an express writing to the insurer that provides liability coverage under
    Subsection 31A-22-302(1)(a). This rejection continues for that issuer of the liability coverage until
    the insured in writing requests uninsured motorist coverage from that liability insurer.
        (b) All persons, including governmental entities, that are engaged in the business of, or that
    accept payment for, transporting natural persons by motor vehicle, and all school districts that
    provide transportation services for their students, shall provide coverage for all vehicles used for that
    purpose, by purchase of a policy of insurance or by self-insurance, uninsured motorist coverage of
    at least $25,000 per person and $500,000 per accident.
        (i) This coverage is secondary to any other insurance covering an injured covered person.
        (ii) This coverage does not apply to an employee, who is injured by an uninsured motorist,
    whose exclusive remedy is provided by Title [35A] 34A, Chapter [3] 2, Workers' Compensation Act.
        (c) As used in this subsection:
        (i) "Governmental entity" has the same meaning as under Section 63-30-2.
        (ii) "Motor vehicle" has the same meaning as under Section 41-1a-102.
        (5) When a covered person alleges that an uninsured motor vehicle under Subsection (2)(b)
    proximately caused an accident without touching the covered person or the vehicle occupied by the
    covered person, the covered person must show the existence of the uninsured motor vehicle by clear
    and convincing evidence consisting of more than the covered person's testimony.
        (6) (a) The limit of liability for uninsured motorist coverage for two or more motor vehicles
    may not be added together, combined, or stacked to determine the limit of insurance coverage
    available to an injured person for any one accident.
        (b) (i) Subsection (a) applies to all persons except a covered person as defined under
    Subsection (7)(b)(ii).
        (ii) A covered person as defined under Subsection (7)(b)(ii) is entitled to the highest limits
    of uninsured motorist coverage afforded for any one vehicle that the covered person is the named
    insured or an insured family member.

- 40 -


        (iii) This coverage shall be in addition to the coverage on the vehicle the covered person is
    occupying.
        (iv) Neither the primary nor the secondary coverage may be set off against the other.
        (c) Coverage on a motor vehicle occupied at the time of an accident shall be primary
    coverage, and the coverage elected by a person described under Subsections (1)(a) and (b) shall be
    secondary coverage.
        (7) (a) Uninsured motorist coverage under this section applies to bodily injury, sickness,
    disease, or death of covered persons while occupying or using a motor vehicle only if the motor
    vehicle is described in the policy under which a claim is made, or if the motor vehicle is a newly
    acquired or replacement vehicle covered under the terms of the policy. Except as provided in
    Subsection (6) or (7), a covered person injured in a vehicle described in a policy that includes
    uninsured motorist benefits may not elect to collect uninsured motorist coverage benefits from any
    other motor vehicle insurance policy under which he is a covered person.
        (b) Each of the following persons may also recover uninsured motorist benefits under any
    other policy in which they are described as a "covered person" as defined in Subsection (1):
        (i) a covered person injured as a pedestrian by an uninsured motor vehicle; and
        (ii) a covered person injured while occupying or using a motor vehicle that is not owned by,
    furnished, or available for the regular use of the covered person, the covered person's resident
    spouse, or the covered person's resident relative.
        (c) A covered person in Subsection (7)(b) is not barred against making subsequent elections
    if recovery is unavailable under previous elections.
        (8) (a) As used in this section, "underinsured motor vehicle" includes a vehicle, the
    operation, maintenance, or use of which is covered under a liability policy at the time of an
    injury-causing occurrence, but which has insufficient liability coverage to compensate fully the
    injured party for all special and general damages.
        (b) The term "underinsured motor vehicle" does not include:
        (i) a motor vehicle that is covered under the liability coverage of the same policy that also
    contains the underinsured motorist coverage; or

- 41 -


        (ii) an uninsured motor vehicle as defined in Subsection (2).
        (9) (a) Underinsured motorist coverage under Subsection 31A-22-302(1)(c) provides
    coverage for covered persons who are legally entitled to recover damages from owners or operators
    of underinsured motor vehicles because of bodily injury, sickness, disease, or death in limits of at
    least $10,000 for one person in any one accident, and at least $20,000 for two or more persons in any
    one accident.
        (b) The named insured's underinsured motorist coverage, as described in Subsection (9)(a),
    is secondary to the liability coverage of an owner or operator of an underinsured motor vehicle, as
    described in Subsection (8). Underinsured motorist coverage may not be set off against the liability
    coverage of the owner or operator of an underinsured motor vehicle, but shall be added to, combined
    with, or stacked upon the liability coverage of the owner or operator of the underinsured motor
    vehicle to determine the limit of coverage available to the injured person.
        (c) (i) For new policies or contracts written after January 1, 1993, a named insured may
    reject underinsured motorist coverage by an express writing to the insurer that provides liability
    coverage under Subsection 31A-22-302(1)(a). This rejection continues for that issuer of the liability
    coverage until the insured in writing requests underinsured motorist coverage from that liability
    insurer.
        (ii) In conjunction with the first three renewal notices sent after January 1, 1993, for policies
    existing on that date, the insurer shall notify the insured of the availability of underinsured motorist
    coverage along with estimated ranges of premiums for the coverage. The department shall provide
    standard language to be used by insurers to fulfill the insurers' duty under this subsection.
        (10) (a) Underinsured motorist coverage under this section applies to bodily injury, sickness,
    disease, or death of an insured while occupying or using a motor vehicle owned by, furnished, or
    available for the regular use of the insured, a resident spouse, or resident relative of the insured, only
    if the motor vehicle is described in the policy under which a claim is made, or if the motor vehicle
    is a newly acquired or replacement vehicle covered under the terms of the policy. Except as
    provided in Subsection (10), a covered person injured in a vehicle described in a policy that includes
    underinsured motorist benefits may not elect to collect underinsured motorist coverage benefits from

- 42 -


    any other motor vehicle insurance policy under which he is a named insured.
        (b) (i) The limit of liability for underinsured motorist coverage for two or more motor
    vehicles may not be added together, combined, or stacked to determine the limit of insurance
    coverage available to an injured person for any one accident.
        (ii) Subsection (10)(b)(i) applies to all persons except a covered person as defined under
    Subsection (10)(c)(i)(B).
        (iii) Coverage on a motor vehicle occupied at the time of an accident shall be primary
    coverage, and the coverage elected by a person described under Subsections (1)(a) and (b) shall be
    secondary coverage.
        (c) (i) Each of the following persons may also recover underinsured motorist coverage
    benefits under any other policy in which they are described as a "covered person" as defined
    under Subsection (1):
        (A) a covered person injured as a pedestrian by an underinsured motor vehicle; or
        (B) a covered person injured while occupying or using a motor vehicle that is not owned
    by, furnished, or available for the regular use of the covered person, the covered person's resident
    spouse, or the covered person's resident relative.
        (ii) This coverage shall only be available as a secondary source of coverage.
        (iii) A covered person as defined under Subsection (10)(c)(i)(B) is entitled to the highest
    limits of underinsured motorist coverage afforded for any one vehicle that the covered person is the
    named insured or an insured family member.
        (iv) This coverage shall be in addition to the coverage on the vehicle the covered person is
    occupying.
        (v) Neither the primary nor the secondary coverage may be set off against the other.
        (d) A covered injured person is not barred against making subsequent elections if recovery
    is unavailable under previous elections.
        Section 15. Section 31A-22-1002 (Effective 07/01/97) is amended to read:
         31A-22-1002 (Effective 07/01/97). Duration of coverage.
        (1) Any insurer assuming a workers' compensation risk shall carry it until the policy is

- 43 -


    canceled, either:
        (a) by agreement between the [Department of Workforce Services] Division of Industrial
    Accidents in the Labor Commission, the insurer, and the employer; or
        (b) after:
        (i) 30 days notice by the insurer to the employer[,]; and [after]
        (ii) notice to the [Department of Workforce Services] Division of Industrial Accidents in the
    Labor Commission as provided in Section [35A-3-205] 34A-2-205.
        (2) Subsection (1) does not affect the requirements of Section 31A-22-1001.
        Section 16. Section 31A-22-1003 (Effective 07/01/97) is amended to read:
         31A-22-1003 (Effective 07/01/97). Comprehensive coverage.
        Every insurance policy covering the liability of an employer under Title [35A] 34A, Chapter
    [3] 2, Workers' Compensation Act, shall cover all types of workers' compensation benefits required
    to be provided under that chapter. This section does not preclude primary and excess coverage being
    provided under different contracts.
        Section 17. Section 31A-22-1009 (Effective 07/01/97) is amended to read:
         31A-22-1009 (Effective 07/01/97). Other applicable provisions.
        Workers' compensation insurance contracts are subject to any applicable requirements of
    Title [35A] 34A, Chapter [3] 2, Workers' Compensation Act.
        Section 18. Section 31A-26-103 (Effective 07/01/97) is amended to read:
         31A-26-103 (Effective 07/01/97). Workers' compensation claims.
        In addition to being subject to this and other chapters of this title, insurers writing workers'
    compensation insurance in this state, including the Workers' Compensation Fund of Utah, are subject
    to the [Department of Workforce Services] Labor Commission with respect to claims for and
    payment of compensation and benefits.
        Section 19. Section 31A-27-315 (Effective 07/01/97) is amended to read:
         31A-27-315 (Effective 07/01/97). Notice to creditors and others.
        (1) (a) The liquidator shall give notice of the liquidation order as soon as possible:
        (i) by first class mail and either by telegram or telephone to the insurance commissioner of

- 44 -


    each jurisdiction in which the insurer is licensed to do business;
        (ii) by first class mail and by telephone to any guaranty fund or association which may
    become obligated because of the liquidation;
        (iii) by first class mail and by telephone to the [Department of Workforce Services] Labor
    Commission of this state if the insurer is or has been an insurer of workers' compensation;
        (iv) by first class mail to all insurance agents and brokers doing business with the insurer;
        (v) by first class mail to the persons designated in Subsection 31A-2-212(5), if the insurer
    does a surety business;
        (vi) by first class mail to the last known address of all persons known or reasonably expected
    from the insurer's records to have claims against the insurer, including all policyholders; and
        (vii) by publication under Section 31A-2-303, with the last publication being not less than
    three months before the earliest deadline specified in the notice under Subsection (2).
        (b) Notice to policyholders shall include notice of impairment and termination of coverage
    under Section 31A-27-311. When it is applicable, notice to policyholders shall also include:
        (i) notice of withdrawal of the insurer from the defense of any case in which the insured is
    interested; and
        (ii) information about the existence of any applicable assigned risk plans or residual market
    facilities and of a guaranty fund under Chapter 28.
        (c) Within 15 days of the date of entry of the liquidation order, the liquidator shall report to
    the court what notice has been given. The court may order any additional notice it considers
    appropriate.
        (2) Notice to potential claimants under Subsection (1) shall require claimants to file with the
    liquidator their claims together with proper proofs under Section 31A-27-329, on or before a date
    the liquidator specifies in the notice, which may not be less than six months nor more than one year
    after entry of the liquidation order. The liquidator need not require persons claiming unearned
    premium and persons claiming cash surrender values or other investment values in life insurance and
    annuities to file a claim. The liquidator may specify different dates for filing the different kinds of
    claims.

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        (3) If notice is given in accordance with this section, the distribution of the assets of the
    insurer under this chapter is conclusive with respect to all claimants, whether or not they received
    actual notice.
        Section 20. Section 31A-31-107 (Effective 07/01/97) is amended to read:
         31A-31-107 (Effective 07/01/97). Workers' compensation insurance fraud.
        In any action involving workers' compensation insurance, Section [35A-3-114] 34A-2-110
    supersedes this chapter.
        Section 21. Section 31A-31-108 (Effective 07/01/97) is amended to read:
         31A-31-108 (Effective 07/01/97). Assessment of insurers.
        (1) To implement this chapter, Section [35A-3-114] 34A-2-110, and Section 76-6-521, the
    commissioner may assess each admitted insurer and each nonadmitted insurer transacting insurance
    under Chapter 15, Parts 1 and 2, an annual fee as follows:
        (a) $50 for an insurer with total premiums for Utah risks of $1,000,000 or less;
        (b) $175 for an insurer with total premiums for Utah risks of less than $2,500,000 but more
    than $1,000,000;
        (c) $375 for an insurer with total premiums for Utah risks of less than $5,000,000 but more
    than $2,500,000;
        (d) $750 for an insurer with total premiums for Utah risks of less than $10,000,000 but more
    than $5,000,000;
        (e) $3,000 for an insurer with total premiums for Utah risks of less than $50,000,000 but
    more than $10,000,000; and
        (f) $7,500 for an insurer with total premiums for Utah risks of $50,000,000 or more.
        (2) All money received by the state under this section shall be deposited in the General Fund
    as a nonlapsing dedicated credit of the Insurance Department for the purpose of providing funds to
    pay for any costs and expenses incurred by the Insurance Department in the administration,
    investigation, and enforcement of this chapter, Section [35A-3-114] 34A-2-110, and Section
    76-6-521.
        (3) As used in this section, "Utah risks" means insurance coverage on the lives, health, or

- 46 -


    against the liability of persons residing in Utah, or on property located in Utah, other than property
    temporarily in transit through Utah.
        Section 22. Section 31A-33-102 (Effective 07/01/97) is amended to read:
         31A-33-102 (Effective 07/01/97). Establishment of the Workers' Compensation Fund
     and the Injury Fund.
        (1) (a) There is created a nonprofit, quasi-public corporation to be known as the Workers'
    Compensation Fund of Utah.
        (b) The purpose of the fund is to:
        (i) insure Utah employers against liability for compensation based on job-related accidental
    injuries and occupational diseases; and
        (ii) assure payment of this compensation to Utah employees who are entitled to it under Title
    [35A] 34A, Chapters [3] 2, Workers' Compensation Act, and [3a] 3, Utah Occupational Disease Act.
        (2) (a) There is created an Injury Fund, which shall be maintained by the Workers'
    Compensation Fund.
        (b) The Injury Fund shall consist of all assets acquired from premiums and penalties paid
    into the Injury Fund and interest and dividends earned on those assets.
        (c) The Injury Fund is the sole source of monies to:
        (i) pay losses sustained on account of the insurance provided; and
        (ii) pay salaries and other expenses of the Workers' Compensation Fund in accordance with
    this chapter.
        Section 23. Section 31A-33-103.5 is enacted to read:
         31A-33-103.5. Powers of fund -- Limitations.
        There is a moratorium until July 1, 1998, on the Workers' Compensation Fund of Utah's
    authority, if any, to offer health insurance services including medical, surgical, hospital, and other
    ancillary medical expenses, by any means including directly, through a subsidiary, or through a joint
    venture.
        Section 24. Section 31A-33-104 (Effective 07/01/97) is amended to read:
         31A-33-104 (Effective 07/01/97). Workers' Compensation Fund exempted.

- 47 -


        (1) The Workers' Compensation Fund is exempt from the provisions of:
        (a) Title 63, Chapter 2, Government Records Access and Management Act; and
        (b) Title 63A, Utah Administrative Services Code.
        (2) The board may specifically exempt the Workers' Compensation Fund from any
    provisions of:
        (a) Title 67, Chapter 19, Utah State Personnel Management Act[,]; and
        (b) Title 63, Chapter 56, Utah Procurement Code.
        (3) The provisions of Title 63, Chapter 46b, Administrative Procedures Act, do not govern
    the initial determination of any person's eligibility for benefits under Title [35A] 34A, Chapter [3]
    2, Workers' Compensation Act, and Title [35A] 34A, Chapter [3a] 3, Utah Occupational Disease
    Act.
        Section 25. Section 31A-33-108 (Effective 07/01/97) is amended to read:
         31A-33-108 (Effective 07/01/97). Powers and duties of chief executive officer.
        (1) The chief executive officer shall:
        (a) administer all operations of the Workers' Compensation Fund under the direction of the
    board;
        (b) recommend to the board any necessary or desirable changes in the workers'
    compensation law;
        (c) recommend to the board an annual administrative budget covering the operations of the
    Workers' Compensation Fund and, upon approval, submit the administrative budget, financial status,
    and actuarial condition of the fund to the governor and the Legislature for their examination;
        (d) direct and control all expenditures of the approved budget;
        (e) from time to time, upon the recommendation of a consulting actuary, recommend to the
    board rating plans, the amount of deviation, if any, from standard rates, and the amount of dividends,
    if any, to be returned to policyholders;
        (f) invest the Injury Fund's assets under the guidance of the board and in accordance with
    Chapter 18;
        (g) recommend general policies and procedures to the board to guide the operations of the

- 48 -


    fund;
        (h) formulate and administer a system of personnel administration and employee
    compensation that uses merit principles of personnel management, includes employee benefits and
    grievance procedures consistent with those applicable to state agencies, and includes inservice
    training programs;
        (i) prepare and administer fiscal, payroll, accounting, data processing, and procurement
    procedures for the operation of the Workers' Compensation Fund;
        (j) conduct studies of the workers' compensation insurance business, including the
    preparation of recommendations and reports;
        (k) develop uniform procedures for the management of the Workers' Compensation Fund;
        (l) maintain contacts with governmental and other public or private groups having an interest
    in workers' compensation insurance;
        (m) within the limitations of the budget, employ necessary staff personnel and consultants,
    including actuaries, attorneys, medical examiners, adjusters, investment counselors, accountants, and
    clerical and other assistants to accomplish the purpose of the Workers' Compensation Fund;
        (n) maintain appropriate levels of property, casualty, and liability insurance as approved by
    the board to protect the fund, its directors, officers, employees, and assets; and
        (o) develop self-insurance programs as approved by the board to protect the fund, its
    directors, officers, employees, and assets to supersede or supplement insurance maintained under
    Subsection (1)(n).
        (2) The chief executive officer may:
        (a) enter into contracts of workers' compensation and occupational disease insurance, which
    may include employer's liability insurance to cover the exposure of a policyholder to his Utah
    employees and their dependents for liability claims, including the cost of defense in the event of suit,
    for claims based upon bodily injury to the policyholder's Utah employees;
        (b) reinsure any risk or part of any risk;
        (c) cause to be inspected and audited the payrolls of policyholders or employers applying
    to the Workers' Compensation Fund for insurance;

- 49 -


        (d) establish procedures for adjusting claims against the Workers' Compensation Fund that
    comply with Title [35A] 34A, Chapters [3] 2 and [3a] 3, and determine the persons to whom and
    through whom the payments of compensation are to be made;
        (e) contract with physicians, surgeons, hospitals, and other health care providers for medical
    and surgical treatment and the care and nursing of injured persons entitled to benefits from the
    Workers' Compensation Fund;
        (f) require policyholders to maintain an adequate deposit to provide security for periods of
    coverage for which premiums have not been paid;
        (g) contract with self-insured entities for the administration of workers' compensation claims
    and safety consultation services; and
        (h) with the approval of the board, adopt the calendar year or any other reporting period to
    report claims and payments made or reserves established on claims that are necessary to
    accommodate the reporting requirements of the [Department of Workforce Services] Labor
    Commission, Insurance Commission, State Tax Commission, or National Council on Compensation
    Insurance.
        Section 26. Section 31A-33-113 (Effective 07/01/97) is amended to read:
         31A-33-113 (Effective 07/01/97). Cancellation of policies.
        The Workers' Compensation Fund may cancel a policy prior to the conclusion of the policy
    period only:
        (1) (a) by agreeing to the cancellation with the policyholder; and
        (b) sending notice of the cancellation to the [Department of Workforce Services] Labor
    Commission;
        (2) for nonpayment of premium, after 30 days' notice to:
        (a) the [Department of Workforce Services] Labor Commission; and [to]
        (b) the policyholder; or
        (3) for failure on the part of the policyholder to comply with the contractual provisions of
    the policy, after 30 days' notice to:
        (a) the [Department of Workforce Services] Labor Commission; and

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        (b) the policyholder.
        Section 27. Section 31A-33-117 (Effective 07/01/97) is amended to read:
         31A-33-117 (Effective 07/01/97). Availability of employers' reports.
        The [Department of Workforce Services] Labor Commission shall make the employers'
    annual reports provided for in Section [35A-3-206] 34A-2-206 available to the Workers'
    Compensation Fund, to the same extent [they] the reports would be available to private insurers.
        Section 28. Section 32A-14-101 (Effective 07/01/97) is amended to read:
         32A-14-101 (Effective 07/01/97). Liability for injuries resulting from distribution of
     alcoholic beverages -- Causes of action -- Statute of limitations -- Employee protections.
        (1) Any person who directly gives, sells, or otherwise provides liquor, or at a location
    allowing consumption on the premises, any alcoholic beverage, to the following persons, and by
    those actions causes the intoxication of that person, is liable for injuries in person, property, or
    means of support to any third person, or to the spouse, child, or parent of that third person, resulting
    from the intoxication:
        (a) any person under the age of 21 years;
        (b) any person who is apparently under the influence of intoxicating alcoholic beverages or
    products or drugs;
        (c) any person whom the person furnishing the alcoholic beverage knew or should have
    known from the circumstances was under the influence of intoxicating alcoholic beverages or
    products or drugs; or
        (d) any person who is a known interdicted person.
        (2) An employer is liable for the actions of its employees in violation of this chapter.
        (3) A person who suffers an injury under Subsection (1) has a cause of action against the
    person who provided the alcoholic beverage in violation of Subsection (1).
        (4) If a person having rights or liabilities under this chapter dies, the rights or liabilities
    provided by this chapter survive to or against that person's estate.
        (5) The total amount of damages that may be awarded to any person pursuant to a cause of
    action under this chapter that arises after July 1, 1985 is limited to $100,000 and the aggregate

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    amount which may be awarded to all persons injured as a result of one occurrence is limited to
    $300,000.
        (6) An action based upon a cause of action under this chapter shall be commenced within
    two years after the date of the injury.
        (7) Nothing in this chapter precludes any cause of action or additional recovery against the
    person causing the injury.
        (8) (a) A sanction or termination of employment may not be imposed upon any employee
    of any restaurant, airport lounge, private club, on-premise beer retailer, or any other establishment
    serving alcoholic beverages as a result of the employee having exercised the employee's independent
    judgment to refuse to sell alcoholic beverages to any person the employee considers to meet one or
    more of the conditions described in Subsection (1).
        (b) Any employer who terminates an employee or imposes sanctions on the employee
    contrary to this section is considered to have discriminated against that employee and is subject to
    the conditions and penalties set forth in Title [35A] 34A, Chapter 5, Utah Antidiscrimination Act.
        Section 29. Section 34-20-2 (Effective 07/01/97) is amended to read:
         34-20-2 (Effective 07/01/97). Definitions.
        As used in this chapter:
        (1) "Affecting commerce" means in commerce, or burdening or obstructing commerce or
    the free flow of commerce, or having led or tending to lead to a labor dispute burdening or
    obstructing commerce or the free flow of commerce within the state.
        (2) "Commerce" means trade, traffic, commerce, transportation, or communication within
    the state [of Utah].
        (3) "Election" means a proceeding in which the employees in a collective bargaining unit
    cast a secret ballot for collective bargaining representatives or for any other purpose specified in this
    chapter and includes elections conducted by the board or by any tribunal having competent
    jurisdiction or whose jurisdiction was accepted by the parties.
        (4) (a) "Employee" includes any employee unless this chapter explicitly states otherwise,
    and includes an individual whose work has ceased as a consequence of, or in connection with, any

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    current labor dispute or because of any unfair labor practice, and who has not obtained any other
    regular and substantially equivalent employment.
        (b) "Employee" does not include an individual employed as an agricultural laborer, or in the
    domestic service of a family or person at his home, or an individual employed by his parent or
    spouse.
        (5) "Employer" includes a person acting in the interest of an employer, directly or indirectly,
    but does not include:
        (a) the United States;
        (b) a state or political subdivision of a state;
        (c) a person subject to the federal Railway Labor Act;
        (d) a labor organization, other than when acting as an employer;
        (e) a corporation or association operating a hospital if no part of the net earnings inures to
    the benefit of any private shareholder or individual; or
        (f) anyone acting in the capacity of officer or agent of a labor organization.
        (6) "Labor dispute" means any controversy between an employer and the majority of his
    employees in a collective bargaining unit concerning the right or process or details of collective
    bargaining or the designation of representatives.
        (7) "Labor organization" means an organization of any kind or any agency or employee
    representation committee or plan in which employees participate that exists for the purpose, in whole
    or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay,
    hours of employment, or conditions of work.
        (8) "Labor relations board" or "board" means the [Workforce Appeals] board created in
    Section [35A-1-205] 34-20-3.
        (9) "Person" includes an individual, partnership, association, corporation, legal
    representative, trustee, trustee in bankruptcy, or receiver.
        (10) "Representative" includes an individual or labor organization.
        (11) "Secondary boycott" includes combining or conspiring to cause or threaten to cause
    injury to one with whom no labor dispute exists, whether by:

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        (a) withholding patronage, labor, or other beneficial business intercourse;
        (b) picketing;
        (c) refusing to handle, install, use, or work on particular materials, equipment, or supplies;
    or
        (d) by any other unlawful means, in order to bring him against his will into a concerted plan
    to coerce or inflict damage upon another.
        (12) "Unfair labor practice" means any unfair labor practice listed in Section 34-20-8.
        Section 30. Section 34-20-3 (Effective 07/01/97) is amended to read:
         34-20-3 (Effective 07/01/97). Labor relations board.
        [(1) The Workforce Appeals Board is designated as the labor relations board for the state.]
        (1) (a) There is created the Labor Relations Board consisting of the following:
        (i) the commissioner of the Labor Commission;
        (ii) two members appointed by the governor with the advice and consent of the Senate
    consisting of:
        (A) a representative of employers, in making this appointment the governor shall consider
    nominations from employer organizations; and
        (B) a representative of employees, in making this appointment the governor shall consider
    nominations from employee organizations.
        (b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed under
    Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed member
    to a four-year term.
        (ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the time
    of appointment or reappointment, adjust the length of terms to ensure that the terms of members
    appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every two years.
        (c) The commissioner shall serve as chair of the board.
        (d) A vacancy occurring on the board for any cause of the members appointed under
    Subsection (1)(a)(ii) shall be filled by the governor with the advice and consent of the Senate
    pursuant to this section for the unexpired term of the vacating member.

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        (e) The governor may at any time remove a member appointed under Subsection (1)(a)(ii)
    but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for cause upon
    a hearing.
        (f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any other
    office in the government of the United States, this state or any other state, or of any county
    government or municipal corporation within a state.
        (g) (i) (A) A member appointed under Subsection (1)(a)(ii) may not receive compensation
    for the member's services, but may receive per diem and expenses incurred in the performance of
    the member's official duties at the rates established by the Division of Finance under Sections
    63A-3-106 and 63A-3-107.
        (B) A member appointed under Subsection (1)(a)(ii) may decline to receive per diem and
    expenses for the member's service.
        (ii) The commissioner may not receive additional compensation, per diem, or expenses from
    the commissioner's service on the board that is in addition to the monies received as commissioner.
        (2) A meeting of the board may be called:
        (a) by the chair; or
        (b) jointly by the members appointed under Subsection (1)(a)(ii).
        (3) The chair may provide staff and administrative support as necessary from the Labor
    Commission.
        [(2)] (4) A vacancy in the board shall not impair the right of the remaining members to
    exercise all the powers of the board, and two members of the board shall at all times constitute a
    quorum.
        (5) The board shall have an official seal which shall be judicially noticed.
        [(3)] (6) The board shall at the close of each fiscal year make a report in writing to the
    Legislature and to the governor stating in detail:
        (a) the cases it has heard[,];
        (b) the decisions it has rendered[,];
        (c) the names, salaries, and duties of all employees and officers in the employ or under the

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    supervision of the board[,]; and
        (d) an account of all moneys it has disbursed.
        Section 31. Section 34-20-4 is amended to read:
         34-20-4. Labor relations board -- Employees -- Agencies -- Expenses.
        (1) The board may employ an executive secretary, attorneys, examiners, and may employ
    such other employees with regard to existing laws applicable to the employment and compensation
    of officers and employees of the state as it may from time to time find necessary for the proper
    performance of its duties. The board may establish or utilize such regional, local, or other agencies,
    and utilize such voluntary and uncompensated services, as may from time to time be needed.
    Attorneys employed under this section may, at the direction of the board, appear for and represent
    the board in any case in court. Nothing in this act shall be construed to authorize the board to employ
    individuals for the purpose of conciliation or mediation (or for statistical work) where and if such
    service may be obtained from the [department of labor] Labor Commission.
        (2) All of the expenses of the board, including the necessary traveling expenses, incurred by
    the members or employees of the board under its orders, shall be allowed and paid on the
    presentation of itemized vouchers therefor approved by the board or by any individual it designates
    for the purpose.
        Section 32. Section 34-20-10 is amended to read:
         34-20-10. Unfair labor practices -- Powers of board to prevent -- Procedure.
        (1) (a) The board may prevent any person from engaging in any unfair labor practice, as
    listed in Section 34-20-8, affecting intrastate commerce or the orderly operation of industry.
        (b) This authority is exclusive and is not affected by any other means of adjustment or
    prevention that has been or may be established by agreement, code, law, or otherwise.
        (2) The [Industrial Commission] board shall comply with the procedures and requirements
    of Title 63, Chapter 46b, Administrative Procedures Act, in its adjudicative proceedings.
        (3) When it is charged that any person has engaged in or is engaged in any unfair labor
    practice, the board, or any agent or agency designated by the board, may issue and serve a notice of
    agency action on that person.

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        (4) (a) If, upon all the testimony taken, the board finds that any person named in the
    complaint has engaged in or is engaging in an unfair labor practice, the board shall state its findings
    of fact and shall issue and serve on the person an order to cease and desist from the unfair labor
    practice and to take other affirmative action designated by the commission, including reinstatement
    of employees with or without back pay, to effectuate the policies of this chapter.
        (b) The order may require the person to make periodic reports showing the extent to which
    it has complied with the order.
        (c) If, upon all the testimony taken, the board determines that no person named in the
    complaint has engaged in or is engaging in any unfair labor practice, the board shall state its findings
    of fact and shall issue an order dismissing the complaint.
        (5) (a) The board may petition the district court to enforce the order and for appropriate
    temporary relief or for a restraining order.
        (b) The board shall certify and file in the court:
        (i) a transcript of the entire record in the proceeding;
        (ii) the pleadings and testimony upon which the order was entered; and
        (iii) the findings and order of the board.
        (c) When the petition is filed, the board shall serve notice on all parties to the action.
        (d) Upon filing of the petition, the court has jurisdiction of the proceeding and of the
    question to be determined.
        (e) The court may grant temporary relief or a restraining order, and, based upon the
    pleadings, testimony, and proceedings set forth in the transcript, order that the board's order be
    enforced, modified, or set aside in whole or in part.
        (f) The court may not consider any objection that was not presented before the board, its
    member, agent, or agency, unless the failure or neglect to urge the objection is excused because of
    extraordinary circumstances.
        (g) The board's findings of fact, if supported by evidence, are conclusive.
        (h) (i) If either party applies to the court for leave to adduce additional evidence, and shows
    to the satisfaction of the court that the additional evidence is material and that there were reasonable

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    grounds for the failure to adduce the evidence in the hearing before the board, its member, agent, or
    agency, the court may order additional evidence to be taken before the board, its member, agent, or
    agency, and to be made part of the transcript.
        (ii) The board may modify its findings as to the facts, or make new findings, because of the
    additional evidence taken and filed.
        (iii) The board shall file the modified or new findings, which, if supported by evidence, are
    conclusive, and shall file its recommendations, if any, for the modification or setting aside of its
    original order.
        Section 33. Section 34-21-2 (Effective 07/01/97) is amended to read:
         34-21-2 (Effective 07/01/97). Eight-hour day -- Smelters, mines, and related industries
     -- Exceptions.
        (1) (a) The work period of workers in smelters and all other institutions for the reduction or
    refining of ores or metals may not exceed eight hours per day. The work period of workers in all
    underground mines or workings may not exceed eight hours per day, except in cases of emergency
    where life or property is in imminent danger. Workers on underground hoists or pumps that are in
    continuous operation may not be underground more than eight hours and 30 minutes per day.
        (b) The work period for underground mines and workings is computed from the time
    workers go underground until they return to the surface.
        (2) The [Division of Labor, Safety, and Program Regulation] commissioner of the Labor
    Commission may certify in writing to an employer that a longer work period does not violate
    Subsection (1) if, after interested parties have had an opportunity to present evidence, the [Division
    of Labor, Safety, and Program Regulation] commissioner determines that the longer work period is
    not detrimental to the life, health, safety, and welfare of workers.
        (3) It is a class B misdemeanor for an employer to violate this section.
        Section 34. Section 34-23-103 (Effective 07/01/97) is amended to read:
         34-23-103 (Effective 07/01/97). Definitions.
        As used in this chapter:
        (1) "Casual work" is employment on an incidental, occasional, or nonregular basis which

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    is not considered full-time or routine.
        (2) "[Department] Commission" means [Department of Workforce Services] the Labor
    Commission.
        (3) "Division" means the Division of Antidiscrimination and Labor[, Safety, and Program
    Regulation] in the [department] commission.
        (4) "Hazardous occupation" is any occupation defined as hazardous by the United States
    Department of Labor under 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act.
        (5) "Minor" is a person under the age of 18 years.
        Section 35. Section 34-23-104 (Effective 07/01/97) is amended to read:
         34-23-104 (Effective 07/01/97). Duty of commission to establish hours and conditions
     -- Promulgation of rules.
        (1) The [department] commission shall ascertain and establish the hours and the conditions
    of labor and employment for any occupation in which minors are employed.
        (2) The [department] commission may promulgate rules consistent with this chapter in
    accordance with Title 63, Chapter 46a, [the] Utah Administrative Rulemaking Act.
        Section 36. Section 34-23-301 (Effective 07/01/97) is amended to read:
         34-23-301 (Effective 07/01/97). Minimum hourly wages.
        The [department] commission may establish minimum hourly wages for minors. If there is
    an established minimum hourly wage for adults, the minimum hourly wages for minors may be
    established at a lesser amount.
        Section 37. Section 34-23-302 (Effective 07/01/97) is amended to read:
         34-23-302 (Effective 07/01/97). Criminal penalty -- Enforcement.
        (1) (a) Repeated violation of Section 34-23-301 is a class B misdemeanor.
        (b) "Repeated violation" does not include separate violations as to individual employees
    arising out of the same investigation or enforcement action.
        (2) Upon the third violation of Section 34-23-301 by the same employer within a three-year
    period, the [department] commission may prosecute a criminal action in the name of the state.
        (3) The county attorney, district attorney, or attorney general shall provide assistance in

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    prosecutions under this section at the request of the [department] commission.
        Section 38. Section 34-23-402 (Effective 07/01/97) is amended to read:
         34-23-402 (Effective 07/01/97). Violation -- Criminal penalty.
        (1) The [department] commission may prosecute a misdemeanor criminal action in the name
    of the state. The county attorney, district attorney, or attorney general shall provide assistance in
    prosecutions under this section at the request of the [department] commission.
        (2) It is a class B misdemeanor for a person, whether individually or as an officer, agent, or
    employee of any person, firm, or corporation to:
        (a) knowingly employ a minor or permit a minor to work in a repeated violation of this
    chapter;
        (b) refuse or knowingly neglect to furnish to the [department] commission, any information
    requested by the [department] commission under this chapter;
        (c) refuse access to [his] that person's place of business or employment to the [department]
    commission or its authorized representative when access has been requested in conjunction with an
    investigation related to this section;
        (d) hinder the [department] commission or its authorized representative in the securing of
    any information authorized by this section;
        (e) refuse or knowingly omit or neglect to keep any of the records required by this chapter;
        (f) knowingly make any false statement, representation, or certification in any application,
    record, report, plan, or other document filed or required to be maintained under this chapter;
        (g) discharge an employee or threaten to or retaliate against an employee because:
        (i) the employee has testified;
        (ii) is about to testify; or
        (iii) [because] the employer believes that the employee may testify in any investigation or
    proceedings relative to the enforcement of this chapter; and
        (h) willfully violate any rule or order issued under this chapter.
        (3) This section does not apply to violations of Section 34-23-301.
        Section 39. Section 34-28-2 (Effective 07/01/97) is amended to read:

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         34-28-2 (Effective 07/01/97). Definitions.
        As used in this chapter:
        (1) "[Department] Commission" means the [Department of Workforce Services] Labor
    Commission.
        (2) "Division" means the Division of Antidiscrimination and Labor[, Safety, and Program
    Regulation].
        (3) "Employer" includes every person, firm, partnership, association, corporation, receiver
    or other officer of a court of this state, and any agent or officer of any of the above-mentioned
    classes, employing any person in this state.
        (4) "Wages" means all amounts due the employee for labor or services, whether the amount
    is fixed or ascertained on a time, task, piece, commission basis or other method of calculating such
    amount.
        Section 40. Section 34-28-9 (Effective 07/01/97) is amended to read:
         34-28-9 (Effective 07/01/97). Enforcement of chapter -- Rulemaking authority.
        (1) (a) The division shall:
        (i) ensure compliance with this chapter;
        (ii) investigate any alleged violations of this chapter; and
        (iii) determine the validity of any claim for any violation of this chapter filed with it by an
    employee.
        (b) The [department] commission may make rules consistent with this chapter governing
    wage claims and payment of wages.
        (c) The minimum wage claim that the division may accept is $50.
        (d) The maximum wage claim that the division may accept is $10,000.
        (e) The wage claim shall be filed within one year of the date the wages were earned.
        (2) (a) The division may assess against an employer who fails to pay an employee in
    accordance with this chapter, a penalty of 5% of the unpaid wages owing to the employee which
    shall be assessed daily until paid for a period not to exceed 20 days.
        (b) The division shall:

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        (i) retain 50% of the money received from the penalty payments for the costs of
    administering this chapter[, and the division shall];
        (ii) pay all the sums [so received] retained under Subsection (2)(b)(i) to the state treasurer[.
    The remaining]; and
        (iii) pay the 50% [shall be paid] not retained under Subsection (2)(b)(i) to the employee.
        (3) (a) An abstract of any final award may be filed in the office of the clerk of the district
    court of any county in the state. If so filed, it shall be docketed in the judgment docket of that
    district court.
        (b) The time of the receipt of the abstract shall be noted by the clerk and entered in the
    judgment docket.
        (c) If filed and docketed, the award constitutes a lien from the time of the docketing upon
    the real property of the employer situated in the county for a period of eight years from the date of
    the award unless previously satisfied.
        (d) Execution may be issued on the award within the same time and in the same manner and
    with the same effect as if the award were a judgment of the district court.
        (4) (a) The [department] commission may employ counsel, appoint a representative, or
    request the attorney general, or the county attorney for the county in which the plaintiff or the
    defendant resides, depending on the district in which the final award is docketed, to represent the
    [department] commission on all appeals and to enforce judgments.
        (b) The counsel employed by the [department] commission, the attorney general, or the
    county representing the [department] commission, shall be awarded:
        (i) reasonable attorneys' fees, as specified by the [department,] commission; and
        (ii) costs for:
        [(i)] (A) appeals [where] when the plaintiff prevails; and
        [(ii) for] (B) judgment enforcement proceedings.
        (5) (a) The [department] commission may enter into reciprocal agreements with the labor
    department or corresponding agency of any other state or with the person, board, officer, or
    commission authorized to act on behalf of that department or agency, for the collection in any other

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    state of claims or judgments for wages and other demands based upon claims previously assigned
    to the [department] commission.
        (b) The [department] commission may, to the extent provided by any reciprocal agreement
    entered into under [this section] Subsection (5)(a), or by the laws of any other state, maintain actions
    in the courts of the other states for the collection of any claims for wages, judgments, and other
    demands and may assign the claims, judgments, and demands to the labor department or agency of
    any other state for collection to the extent that may be permitted or provided by the laws of that state
    or by reciprocal agreement.
        (c) The [department] commission may[, upon the written request of the labor department or
    other corresponding agency of any other state or of any person, board, officer, or commission of that
    state authorized to act on behalf of the labor department or corresponding agency,] maintain actions
    in the courts of this state upon assigned claims for wages, judgments, and demands arising in any
    other state in the same manner and to the same extent that the actions by the [department]
    commission are authorized when arising in this state[. However, these actions may be commenced
    and maintained only where] if:
        (i) the labor department or other corresponding agency of any other state or of any person,
    board, officer, or commission of that state authorized to act on behalf of the labor department or
    corresponding agency requests in writing that the commission commence and maintain the action;
    and
        (ii) the other state by legislation or reciprocal agreement [has extended] extends the same
    comity to this state.
        Section 41. Section 34-28-10 (Effective 07/01/97) is amended to read:
         34-28-10 (Effective 07/01/97). Employers' records -- Inspection by division.
        (1) (a) Every employer shall keep a true and accurate record of time worked and wages paid
    each pay period to each employee who is employed on an hourly or a daily basis in the form required
    by the [department] commission rules.
        (b) The employer shall keep the records on file for at least one year after the entry of the
    record.

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        (2) The director of the division or the director's designee may enter any place of employment
    during business hours to inspect the records and to ensure compliance with this section.
        (3) Any effort of any employer to obstruct the [department] commission in the performance
    of its duties is considered to be a violation of this chapter and may be punished as any other violation
    of this chapter.
        Section 42. Section 34-28-19 (Effective 07/01/97) is amended to read:
         34-28-19 (Effective 07/01/97). Retaliation prohibited -- Cease and desist orders --
     Resolution.
        (1) An employer [who] violates this chapter if the employer discharges an employee, or
    threatens to[,] discharge an employee because:
        (a) the employee has filed a complaint or testified [or] in a proceeding relative to the
    enforcement of this chapter;
        (b) is about to file a complaint or testify[,] in a proceeding relative to the enforcement of this
    chapter; or [because]
        (c) the employer believes that the employee may file a complaint or testify in any proceeding
    relative to the enforcement of this chapter[, is in violation of this chapter].
        (2) If a violation has been determined, the division shall:
        (a) require the employer to cease and desist any retaliatory action; and
        (b) reach a resolution with the parties which shall not exceed reimbursement for, and
    payment of, lost wages and benefits to the employee.
        (3) Failure to reach a resolution in accordance with Subsection (2) shall result in a full
    hearing before an administrative law judge in the Division of Adjudication. The decision of the
    administrative law judge may be appealed to the [Workforce] commissioner or Appeals Board in
    accordance with Title [35A] 34A, Chapter 1, Part 3, Adjudicative Proceedings.
        (4) The [department] commission shall adopt rules, as required, to implement this section.
        Section 43. Section 34-29-10 (Effective 07/01/97) is amended to read:
         34-29-10 (Effective 07/01/97). Schedule of fees -- Fee limitations.
        (1) (a) Every private employment agency shall file with the Division of [Labor, Safety, and

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    Program Regulation] Workforce Information and Payment Services in the Department of Workforce
    Services a schedule of fees to be charged and collected in the conduct of its business.
        (b) The agency shall post the schedule in a conspicuous place in the agency.
        (c) The agency may make changes in the schedule, but [no] a change is not effective until
    seven days after the date the amended schedule is refiled with the Division of [Labor, Safety, and
    Program Regulation] Workforce Information and Payment Services.
        (d) The agency may not charge or collect any fee that is greater than the fees scheduled and
    in force at the time the contract for employment is issued.
        (2) The Department of Workforce Services may enact rules to enforce and administer this
    section.
        (3) When controversies arise under this section, the parties shall file a request for agency
    action with the Division of Adjudication in the Department of Workforce Services.
        (4) [No] An employment agency may not charge any fee greater than 25% of the amount
    actually earned in the employment during the first 30 days, if the employment was ended during
    such 30-day period.
        Section 44. Section 34-29-21 (Effective 07/01/97) is amended to read:
         34-29-21 (Effective 07/01/97). Approval of licensees by division.
        [No] A county, city, or town [shall] may not license under this chapter any intelligence or
    employment office unless the applicant is licensed to establish and operate the same by the Division
    of [Labor, Safety, and Program Regulation] Workforce Information and Payment Services in the
    Department of Workforce Services.
        Section 45. Section 34-36-2 (Effective 07/01/97) is amended to read:
         34-36-2 (Effective 07/01/97). Motor vehicles of employers -- Rules.
        (1) The [Department of Workforce Services] Labor Commission shall make and enforce
    reasonable rules relating to motor vehicles used to transport workers to and from their places of
    employment. These rules shall be embodied in a safety code and shall establish minimum standards.
        (2) (a) A person who is an employee of an electrical corporation, a gas corporation, or a
    telephone corporation, as these corporations are defined in Section 54-2-1, is exempt from any hours

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    of service rules and regulations for drivers while operating a public utility vehicle within the state
    during the emergency restoration of public utility service.
        (b) As used in [this] Subsection (2)(a), "emergency" means a condition [which] that
    jeopardizes life or property, or that endangers public health and safety.
        Section 46. Section 34-38-14 (Effective 07/01/97) is amended to read:
         34-38-14 (Effective 07/01/97). Employee not "handicapped."
        An employee or prospective employee whose drug or alcohol test results are verified or
    confirmed as positive in accordance with the provisions of this chapter [shall] may not, by virtue of
    those results alone, be defined as a person with a "handicap" for purposes of Title [35A] 34A,
    Chapter 5, Utah Antidiscrimination Act.
        Section 47. Section 34-40-102 (Effective 07/01/97) is amended to read:
         34-40-102 (Effective 07/01/97). Definitions.
        (1) This chapter and the terms used in it, including the computation of wages, shall be
    interpreted consistently with 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act of 1938, as
    amended, to the extent that act relates to the payment of a minimum wage.
        (2) As used in this chapter:
        (a) "[Department] Commission" means the [Department of Workforce Services] Labor
    Commission.
        (b) "Division" means the Division of Antidiscrimination and Labor[, Safety, and Program
    Regulation] in the [department] commission.
        (c) "Minimum wage" means the state minimum hourly wage for adult employees as
    established under this chapter, unless the context clearly indicates otherwise.
        Section 48. Section 34-40-103 (Effective 07/01/97) is amended to read:
         34-40-103 (Effective 07/01/97). Minimum wage -- Commission to review and modify
     minimum wage.
        (1) (a) The minimum wage for all private and public employees within the state shall be
    $3.35 per hour.
        (b) Effective April 1, 1990, the minimum wage shall be $3.80 per hour.

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        (2) (a) [Subsequent to] After July 1, 1990, the [department] commission may by rule
    establish the minimum wage or wages as provided in this chapter [which] that may be paid to
    employees in public and private employment within the state.
        (b) The minimum wage, as established by the [department] commission, may not exceed the
    federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act of
    1938, as amended, in effect at the time of implementation of this section.
        (c) The [department] commission:
        (i) may review the minimum wage at any time;
        (ii) shall review the minimum wage at least every three years; and
        (iii) shall review the minimum wage whenever the federal minimum wage is changed.
        (3) The [department] commission may provide for separate minimum hourly wages for
    minors.
        Section 49. Section 34-40-104 (Effective 07/01/97) is amended to read:
         34-40-104 (Effective 07/01/97). Exemptions.
        (1) The minimum wage established in this chapter does not apply to:
        (a) any employee who is entitled to a minimum wage as provided in 29 U.S.C. Sec. 201 et
    seq., the Fair Labor Standards Act of 1938, as amended[. In addition, the minimum wage does not
    apply to the following:];
        [(a)] (b) outside sales persons;
        [(b)] (c) an employee who is a member of the employer's immediate family;
        [(c)] (d) companionship service for persons who, because of age or infirmity, are unable to
    care for themselves;
        [(d)] (e) casual and domestic employees as defined by the [department] commission;
        [(e)] (f) seasonal employees of nonprofit camping programs, religious or recreation
    programs, and nonprofit educational and charitable organizations registered under Title 13, Chapter
    22, [the Utah] Charitable Solicitations Act;
        [(f)] (g) an individual employed by the United States of America;
        [(g)] (h) any prisoner employed through the penal system;

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        [(h)] (i) any employee employed in agriculture if the employee:
        (i) is principally engaged in the range production of livestock;
        (ii) is employed as a harvest laborer and is paid on a piece rate basis in an operation that has
    been and is generally recognized by custom as having been paid on a piece rate basis in the region
    of employment;
        (iii) was employed in agriculture less than 13 weeks during the preceding calendar year; or
        (iv) is a retired or semiretired person performing part-time or incidental work as a condition
    of [his] the employee's residence on a farm or ranch;
        [(i)] (j) registered apprentices or students employed by the educational institution in which
    they are enrolled; or
        [(j)] (k) any seasonal hourly employee employed by a seasonal amusement establishment
    with permanent structures and facilities [may be paid less than the applicable minimum wage
    provided] if the other direct monetary compensation from tips, incentives, commissions,
    end-of-season bonus, or other forms of pay is sufficient to cause the average hourly rate of total
    compensation for the season of seasonal hourly employees who continue to work to the end of the
    operating season to equal the applicable minimum wage if the seasonal amusement establishment:
        (i) does not operate for more than seven months in any calendar year; or
        (ii) during the preceding calendar year its average receipts for any six months of such year
    were not more than 33-1/3% of its average receipts for the other six months of such year.
        (2) Handicapped individuals whose earnings or productive capacities are impaired by age,
    physical or mental deficiencies, or injury may be employed at wages [which] that are lower than the
    minimum wage, provided the wage is related to the employee's productivity. The [department]
    commission may establish and regulate the wages paid or wage scales for [such] the handicapped
    individuals.
        (3) The [department] commission may establish or may set a lesser minimum wage for
    learners not to exceed the first 160 hours of employment.
        (4) Employees tipped may be paid not less than 55% of the minimum wage when the
    balance received from tips, either directly or by pooling of tip receipts, is sufficient to bring the

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    employee to the minimum wage. Employees shall retain all tips except to the extent that they
    participate in a bona fide tip pooling or sharing arrangement with other tipped employees. The
    [department] commission may by rule provide for a greater tip allowance, in conjunction with its
    review of the minimum wage, under Section 34-40-103.
        Section 50. Section 34-40-105 (Effective 07/01/97) is amended to read:
         34-40-105 (Effective 07/01/97). Grant of rulemaking authority.
        In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
    [department] commission may issue rules that are consistent with this chapter.
        Section 51. Section 34-40-204 (Effective 07/01/97) is amended to read:
         34-40-204 (Effective 07/01/97). Criminal penalty -- Enforcement.
        (1) (a) Repeated violation of this chapter is a class B misdemeanor.
        (b) "Repeated violations" does not include separate violations as to individual employees
    arising out of the same investigation or enforcement action.
        (2) Upon the third violation by the same employer within a three-year period, the
    [department] commission may prosecute a criminal action in the name of the state.
        (3) The county attorney, district attorney, or attorney general shall provide assistance in
    prosecutions under this section at the request of the [department] commission.
        Section 52. Section 34-41-106 (Effective 07/01/97) is amended to read:
         34-41-106 (Effective 07/01/97). Employee not disabled.
        An employee, volunteer, prospective employee, or prospective volunteer whose drug test
    results are verified or confirmed as positive in accordance with the provisions of this chapter shall
    not, by virtue of those results alone, be defined as disabled for purposes of:
        (1) Title [35A] 34A, Chapter 5, Utah Antidiscrimination Act[,]; or
        (2) the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213.
        Section 53. Section 34A-1-101 is enacted to read:
    
TITLE 34A. UTAH LABOR CODE

    
CHAPTER 1. LABOR COMMISSION ACT

    
Part 1. General Provisions


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         34A-1-101. Title.
        (1) This title is known as the "Utah Labor Code."
        (2) This chapter is known as the "Labor Commission Act."
        Section 54. Section 34A-1-102 is enacted to read:
         34A-1-102. Definitions.
        Unless otherwise specified, as used in this title:
        (1) "Commission" means the Labor Commission created in Section 34A-1-103.
        (2) "Commissioner" means the commissioner of the commission appointed under Section
    34A-1-201.
        Section 55. Section 34A-1-103 is enacted to read:
         34A-1-103. Labor Commission -- Creation.
        (1) There is created the Labor Commission, that has all of the policymaking functions,
    regulatory and enforcement powers, rights, duties, and responsibilities outlined in:
        (a) this title; and
        (b) unless otherwise specified, Title 34, Labor in General.
        (2) The commission may sue and be sued.
        (3) (a) The commission shall have an official seal for the authentication of its orders. A
    description and impression of the seal shall be filed with the Division of Archives.
        (b) A court in this state shall take judicial notice of the seal of the commission.
        Section 56. Section 34A-1-104 is enacted to read:
         34A-1-104. Commission authority.
        Within all other authority or responsibility granted to it by law, the commission may:
        (1) adopt rules when authorized by this title, or Title 34, Labor in General, in accordance
    with the procedures of Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
        (2) conduct adjudicative proceedings in accordance with the procedures of Title 63, Chapter
    46b, Administrative Procedures Act;
        (3) license agencies in accordance with this title or Title 34, Labor in General;
        (4) employ and determine the compensation of clerical, legal, technical, investigative, and

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    other employees necessary to carry out its policymaking, regulatory, and enforcement powers, rights,
    duties, and responsibilities under this title or Title 34, Labor in General;
        (5) administer and enforce all laws for the protection of the life, health, and safety, of
    employees;
        (6) ascertain and fix reasonable standards, and prescribe, modify, and enforce reasonable
    orders, for the adoption of safety devices, safeguards, and other means or methods of protection, to
    be as nearly uniform as possible, as necessary to carry out all laws and lawful orders relative to the
    protection of the life, health, and safety, of employees in employment and places of employment;
        (7) ascertain, fix, and order reasonable standards for the construction, repair, and
    maintenance of places of employment as shall make them safe;
        (8) investigate, ascertain, and determine reasonable classifications of persons, employments,
    and places of employment as necessary to carry out the purposes of this title or Title 34, Labor in
    General;
        (9) promote the voluntary arbitration, mediation, and conciliation of disputes between
    employers and employees;
        (10) ascertain and adopt reasonable standards and rules, prescribe and enforce reasonable
    orders, and take other actions appropriate for the protection of life, health, and safety of all persons
    with respect to all prospects, tunnels, pits, banks, open cut workings, quarries, strip mine operations,
    ore mills, and surface operations or any other mining operation, whether or not the relationship of
    employer and employee exists, but the commission may not assume jurisdiction or authority over
    adopted standards and regulations or perform any mining inspection or enforcement of mining rules
    and regulations so long as Utah's mining operations are governed by federal regulations;
        (11) develop processes to ensure that the commission responds to the full range of employee
    and employer clients; and
        (12) carry out the responsibilities assigned to it by statute.
        Section 57. Section 34A-1-105 is enacted to read:
         34A-1-105. Commission budget -- Reports from divisions.
        (1) The commission shall prepare and submit to the governor for inclusion in the governor's

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    budget to be submitted to the Legislature, a budget of the commission's financial requirements
    needed to carry out its responsibilities as provided by law during the fiscal year following the
    Legislature's next annual general session.
        (2) The commissioner shall require a report from each of the divisions and offices of the
    commission, to aid in preparation of the commission budget.
        Section 58. Section 34A-1-106 is enacted to read:
         34A-1-106. Fees.
        (1) Unless otherwise provided by statute, the commission may adopt a schedule of fees
    assessed for services provided by the commission by following the procedures and requirements of
    Section 63-38-3.2.
        (2) The commission shall submit each fee established under this section to the Legislature
    for its approval as part of the commission's annual appropriations request.
        Section 59. Section 34A-1-201 is enacted to read:
    
Part 2. Organization

         34A-1-201. Commissioner -- Appointment -- Removal -- Compensation --
     Qualifications -- Responsibilities -- Reports.
        (1) (a) The chief administrative officer of the commission is the commissioner, who shall
    be appointed by the governor with the advice and consent of the Senate.
        (b) The commissioner shall serve at the pleasure of the governor.
        (c) The commissioner shall receive a salary established by the governor within the salary
    range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
        (d) The commissioner shall be experienced in administration, management, and coordination
    of complex organizations.
        (2) (a) The commissioner shall serve full-time.
        (b) (i) Except as provided in Subsection (2)(b)(ii), the commissioner may not:
        (A) hold any other office of this state, another state, or the federal government except in an
    ex officio capacity; or
        (B) serve on any committee of any political party.

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        (ii) Notwithstanding Subsection (2)(b)(i), the commissioner may:
        (A) hold a nominal position or title if it is required by law as a condition for the state
    participating in an appropriation or allotment of any money, property, or service that may be made
    or allotted for the commission; or
        (B) serve as the chief administrative officer of any division, office, or bureau that is
    established within the commission.
        (iii) If the commissioner holds a position as permitted under Subsection (2)(b)(ii), the
    commissioner may not be paid any additional compensation for holding the position.
        (3) (a) Before beginning the duties as a commissioner, an appointed commissioner shall:
        (i) take and subscribe the constitutional oath of office, and file the oath with the Division
    of Archives; and
        (ii) give a corporate surety bond in the amount in form determined by the Division of
    Finance.
        (b) An employee of the commission receiving or disbursing funds of the state shall give
    corporate surety determined by the Division of Finance.
        (c) The bond premiums for bonds required under this Subsection (3) shall be paid by the
    state.
        (4) The commissioner shall:
        (a) administer and supervise the commission in compliance with Title 67, Chapter 19, Utah
    State Personnel Management Act;
        (b) approve the proposed budget of each division and the Appeals Board;
        (c) approve all applications for federal grants or assistance in support of any commission
    program; and
        (d) fulfill such other duties as assigned by the Legislature or as assigned by the governor that
    are not inconsistent with this title or Title 34, Labor in General.
        (5) (a) The commissioner shall report annually to the Legislature and the governor
    concerning the operations of the commission and the programs that the commission administers.
        (b) If federal law requires that a report to the governor or Legislature be given concerning

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    the commission or a program administered by the commission, the commissioner or the
    commissioner's designee shall make that report.
        Section 60. Section 34A-1-202 is enacted to read:
         34A-1-202. Divisions -- Creation -- Duties -- Labor Relations Board, Appeals Board,
     and councils.
        (1) There is created within the commission the following divisions:
        (a) the Division of Industrial Accidents that shall administer the regulatory requirements of
    this title concerning industrial accidents and occupational disease;
        (b) the Division of Occupational Safety and Health that shall administer the regulatory
    requirements of Chapter 6, Utah Occupational Safety and Health Act;
        (c) the Division of Safety that shall administer the regulatory requirements of:
        (i) Chapter 7, Safety; and
        (ii) Title 40, Chapter 2, Coal Mines;
        (d) the Division of Antidiscrimination and Labor that shall administer the regulatory
    requirements of:
        (i) Chapter 5, Utah Antidiscrimination Act;
        (ii) Title 34A, Utah Labor Code, when specified by statute; and
        (iii) Title 57, Chapter 21, Utah Fair Housing Act; and
        (e) the Division of Adjudication that shall adjudicate claims or actions brought under this
    title.
        (2) In addition to the divisions created under this section, within the commission are the
    following:
        (a) the Labor Relations Board created in Section 34-20-3;
        (b) the Appeals Board created in Section 34A-1-205;
        (c) the following program advisory councils:
        (i) the workers' compensation advisory council created in Section 34A-2-107;
        (ii) the antidiscrimination advisory council created in Section 34A-5-105; and
        (iii) the occupational safety and health advisory council created in Section 34A-6-106; and

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        (d) the mining certification panel created in Section 40-2-14.
        (3) In addition to the responsibilities described in this section, the commissioner may assign
    to a division a responsibility granted to the commission by law.
        Section 61. Section 34A-1-203 is enacted to read:
         34A-1-203. Commissioner -- Jurisdiction over division directors -- Authority.
        (1) The commissioner has administrative jurisdiction over each division.
        (2) To effectuate greater efficiency and economy in the operations of the commission, the
    commissioner may:
        (a) make changes in personnel and service functions in the divisions under the
    commissioner's administrative jurisdiction; and
        (b) authorize designees to perform appropriate responsibilities.
        (3) To facilitate management of the commission, the commissioner may establish offices
    necessary to implement this title or to perform functions such as budgeting, planning, data
    processing, and personnel administration.
        Section 62. Section 34A-1-204 is enacted to read:
         34A-1-204. Division directors -- Appointment -- Compensation -- Qualifications.
        (1) The chief officer of each division within the commission shall be a director, who shall
    serve as the executive and administrative head of the division.
        (2) A director shall be appointed by the commissioner with the concurrence of the governor
    and may be removed from that position at the will of the commissioner.
        (3) A director of a division shall receive compensation as provided by Title 67, Chapter 19,
    Utah State Personnel Management Act.
        (4) (a) A director of a division shall be experienced in administration and possess such
    additional qualifications as determined by the commissioner.
        (b) In addition to the requirements imposed under Subsection (4)(a), the director of the
    Division of Adjudication shall be admitted to the practice of law in this state.
        Section 63. Section 34A-1-205 is enacted to read:
         34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation -- Qualifications.

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        (1) There is created the Appeals Board within the commission consisting of three members.
    The board may call and preside at adjudicative proceedings to review an order or decision that is
    subject to review by the Appeals Board under this title.
        (2) (a) The governor shall appoint the members with the advice and consent of the Senate
    and in accordance with this section.
        (b) One member of the board shall be appointed to represent employers, in making this
    appointment, the governor shall consider nominations from employer organizations.
        (c) One member of the board shall be appointed to represent employees, in making this
    appointment, the governor shall consider nominations from employee organizations.
        (d) No more than two members may belong to the same political party.
        (3) (a) The term of a member shall be six years beginning on March 1 of the year the member
    is appointed, except that the governor shall, at the time of appointment or reappointment, adjust the
    length of terms to ensure that the terms of members are staggered so that one member is appointed
    every two years.
        (b) The governor may remove a member only for inefficiency, neglect of duty, malfeasance
    or misfeasance in office, or other good and sufficient cause.
        (c) A member shall hold office until a successor is appointed and has qualified.
        (4) A member shall be part-time and receive compensation as provided by Title 67, Chapter
    19, State Personnel Management Act.
        (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive and
    administrative head of the board.
        (b) The governor shall appoint and may remove at will the chair from the position of chair.
        (6) A majority of the board shall constitute a quorum to transact business.
        (7)(a) The commission shall provide the Appeals Board necessary staff support, except as
    provided in Subsection (7)(b).
        (b) At the request of the Appeals Board, the attorney general shall act as an impartial aid to
    the Appeals Board in outlining the facts and the issues.
        Section 64. Section 34A-1-301, which is renumbered from Section 35A-3-801 is renumbered

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    and amended to read:
    
Part 3. Adjudicative Proceedings

         [35A-3-801].     34A-1-301. Commission jurisdiction and power.
        The [department] commission has the duty and the full power, jurisdiction, and authority to
    determine the facts and apply the law in this chapter or any other title or chapter it administers.
        Section 65. Section 34A-1-302 is enacted to read:
         34A-1-302. Presiding officers for adjudicative proceedings -- Subpoenas -- Independent
     judgment -- Consolidation -- Record -- Notice of order.
        (1) (a) The commissioner shall authorize the Division of Adjudication to call, assign a
    presiding officer, and conduct hearings and adjudicative proceedings when an application for a
    proceeding is filed with the Division of Adjudication under this title.
        (b) The director of the Division of Adjudication or the director's designee may issue
    subpoenas. Failure to respond to a properly issued subpoena may result in a contempt citation and
    offenders may be punished as provided in Section 78-32-15.
        (c) Witnesses subpoenaed under this section are allowed fees as provided by law for
    witnesses in the district court of the state. The witness fees shall be paid by the state unless the
    witness is subpoenaed at the instance of a party other than the commission.
        (d) A presiding officer assigned under this section may not participate in any case in which
    the presiding officer is an interested party. Each decision of a presiding officer shall represent the
    presiding officer's independent judgment.
        (2) If, in the judgment of the presiding officer having jurisdiction of the proceeding the
    consolidation would not be prejudicial to any party, when the same or substantially similar evidence
    is relevant and material to the matters in issue in more than one proceeding, the presiding officer
    may:
        (a) fix the same time and place for considering each matter;
        (b) jointly conduct hearings;
        (c) make a single record of the proceedings; and
        (d) consider evidence introduced with respect to one proceeding as introduced in the others.

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        (3) (a) The commission shall keep a full and complete record of all adjudicative proceedings
    in connection with a disputed matter.
        (b) All testimony at any hearing shall be recorded but need not be transcribed. If a party
    requests transcription, the transcription shall be provided at the party's expense.
        (c) All records on appeals shall be maintained by the Division of Adjudication. The records
    shall include an appeal docket showing the receipt and disposition of the appeals.
        (4) A party in interest shall be given notice of the entry of a presiding officer's order or any
    order or award of the commission. The mailing of the copy of the order or award to the last-known
    address in the files of the commission of a party in interest and to the attorneys or agents of record
    in the case, if any, is considered to be notice of the order.
        (5) In any formal adjudicative proceeding, the presiding officer may take any action
    permitted under Section 63-46b-8.
        Section 66. Section 34A-1-303 is enacted to read:
         34A-1-303. Review of administrative decision.
        (1) A decision entered by an administrative law judge under this title is the final order of the
    commission unless a further appeal is initiated under this title and in accordance with the rules of
    the commission governing the review.
        (2) (a) Unless otherwise provided, a person who is entitled to appeal a decision of an
    administrative law judge under this title, may appeal the decision by filing a motion for review with
    the Division of Adjudication.
        (b) Unless a party in interest to the appeal requests in accordance with Subsection (3) that
    the appeal be heard by the Appeals Board, the commissioner shall hear the review in accordance
    with Title 63, Chapter 46b, Administrative Procedures Act. A decision of the commissioner is a
    final order of the commission unless set aside by the court of appeals.
        (c) (i) If in accordance with Subsection (3) a party in interest to the appeal requests that the
    appeal be heard by the Appeals Board, the Appeals Board shall hear the review in accordance with:
        (A) Section 34A-1-205; and
        (B) Title 63, Chapter 46b, Administrative Procedures Act.

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        (ii) A decision of the Appeals Board is a final order of the commission unless set aside by
    the court of appeals.
        (3) A party in interest may request that an appeal be heard by the Appeals Board by filing
    the request with the Division of Adjudication:
        (a) as part of the motion for review; or
        (b) if requested by a party in interest who did not file a motion for review, within 20 days
    of the date the motion for review is filed with the Division of Adjudication.
        (4) (a) On appeal, the commissioner or the Appeals Board may:
        (i) affirm the decision of an administrative law judge;
        (ii) modify the decision of an administrative law judge;
        (iii) return the case to an administrative law judge for further action as directed; or
        (iv) reverse the findings, conclusions, and decision of an administrative law judge.
        (b) The commissioner or Appeals Board may not conduct a trial de novo of the case.
        (c) The commissioner or Appeals Board may base its decision on:
        (i) the evidence previously submitted in the case; or
        (ii) on written argument or written supplemental evidence requested by the commissioner
    or Appeals Board.
        (d) The commissioner or Appeals Board may permit the parties to:
        (i) file briefs or other papers; or
        (ii) conduct oral argument.
        (e) The commissioner or Appeals Board shall promptly notify the parties to any proceedings
    before it of its decision, including its findings and conclusions.
        (5) (a) A member of the Appeals Board may not participate in any case in which the member
    is an interested party. Each decision of a member of the Appeals Board shall represent the member's
    independent judgment.
        (b) If a member of the Appeals Board may not participate in a case because the member is
    an interested party, the two members of the Appeals Board that may hear the case shall assign an
    individual to participate as a member of the board in that case if the individual:

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        (i) is not a interested party in the case; and
        (ii) was not previously assigned to preside over any proceeding or take any administrative
    action related to the case.
        (6) If an order is appealed to the court of appeals after the party appealing the order has
    exhausted all administrative appeals, the court of appeals has jurisdiction to:
        (a) review, reverse, remand, or annul any order of the commissioner or Appeals Board; or
        (b) suspend or delay the operation or execution of the order of the commissioner or Appeals
    Board being appealed.
        Section 67. Section 34A-1-304 is enacted to read:
         34A-1-304. Rulemaking -- Electronic or similar methods of proceedings.
        (1) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
    commission shall make rules governing adjudicative procedures including the forms of notices and
    the manner of serving notice in all claims.
        (b) Except as provided in this title and Title 63, Chapter 46b, Administrative Procedures Act,
    the rules made under this section are not required to conform to common law or statutory rules of
    evidence or other technical rules of procedure.
        (2) The rules made under this section shall include procedures to dispose of cases informally,
    or to expedite claims adjudication, narrow issues, and simplify the methods of proof at hearings.
        (3) The commission may by rule permit hearings or other adjudicative proceedings to be
    conducted, recorded, or published by means of electronic devices or other similar methods.
        Section 68. Section 34A-1-305 (Effective 07/01/97), which is renumbered from Section
    35A-3-802 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-802 (Effective 07/01/97)].     34A-1-305 (Effective 07/01/97). Orders of
     commission -- Presumed lawful.
        All orders of the [department] commission within its jurisdiction shall be presumed
    reasonable and lawful until they are found otherwise in an action brought for that purpose, or until
    altered or revoked by the [department] commission.
        Section 69. Section 34A-1-306 (Effective 07/01/97), which is renumbered from Section

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    35A-3-804 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-804 (Effective 07/01/97)].     34A-1-306 (Effective 07/01/97). Orders not to be set
     aside on technicalities.
        A substantial compliance with the requirements of this chapter shall be sufficient to give
    effect to the orders of the [department] commission, and they [shall] may not be declared
    inoperative, illegal, or void for any omission of a technical nature.
        Section 70. Section 34A-1-307 (Effective 07/01/97), which is renumbered from Section
    35A-3-806 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-806 (Effective 07/01/97)].     34A-1-307 (Effective 07/01/97). Action permitted
     in adjudicative proceedings.
        For the purposes mentioned in this [chapter] title, the [department shall have power to
    administer oaths, certify to official acts, issue subpoenas, compel attendance of witnesses and the
    production of papers, books, accounts, documents, and evidence] commission may take any action
    permitted:
        (1) if a formal adjudicative proceeding, under Section 63-46b-7 or 63-46b-8; or
        (2) if an informal adjudicative proceeding, under Section 63-46b-5.
        Section 71. Section 34A-1-308 (Effective 07/01/97), which is renumbered from Section
    35A-3-807 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-807 (Effective 07/01/97)].     34A-1-308 (Effective 07/01/97). Depositions.
        The [department] commission or any party may in any investigation cause depositions of
    witnesses residing within or without the state to be taken as in civil actions.
        Section 72. Section 34A-1-309 (Effective 07/01/97), which is renumbered from Section
    35A-3-805 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-805 (Effective 07/01/97)].     34A-1-309 (Effective 07/01/97). Attorneys' fees.
        (1) In all cases coming before the [department] commission in which attorneys have been
    employed, the [department] commission is vested with full power to regulate and fix the fees of the
    attorneys.
        (2) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, an attorney

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    may file an application for hearing with the Division of Adjudication to appeal a decision or final
    order to the extent it concerns the award of attorney fees.
        Section 73. Section 34A-1-310 (Effective 07/01/97), which is renumbered from Section
    35A-3-808 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-808 (Effective 07/01/97)].     34A-1-310 (Effective 07/01/97). Record of
     proceedings before commission.
        [(1)] A [full and complete] record shall be kept of all proceedings before the [department]
    commission on any investigation in accordance with Section 34A-1-302. [Testimony shall be
    recorded and may be transcribed when required by the department for further analysis, investigation,
    hearing, or court proceedings.]
        [(2) Transcription requested by any party to the proceeding shall be provided at the
    requesting party's expense.]
        Section 74. Section 34A-1-401 (Effective 07/01/97), which is renumbered from Section
    35A-3-110 (Effective 07/01/97) is renumbered and amended to read:
    
Part 4. Miscellaneous

         [35A-3-110 (Effective 07/01/97)].     34A-1-401 (Effective 07/01/97). Attorney general
     and county attorneys -- Duties.
        [Upon the request of] If requested by the [department] commission, the attorney general[,]
    or any county or district attorney[,] shall:
        (1) institute and prosecute the necessary actions or proceedings for the enforcement of any
    order of the [department] commission or of any of the provisions of this [chapter,] title; or
        (2) defend any suit, action, or proceeding brought against the [department] commission.
        Section 75. Section 34A-1-402 (Effective 07/01/97), which is renumbered from Section
    35A-3-112 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-112 (Effective 07/01/97)].     34A-1-402 (Effective 07/01/97). Publication of
     orders, rules, and rates.
        (1) (a) The [department] commission shall [cause to be printed,] make available in proper
    form for distribution to the public, its orders[, classifications,] and rules[, regulations and rules of

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    procedure,]; and [shall]
        (b) furnish the [same] information made available under Subsection (1) to any person upon
    request. [The expense of the publication shall be audited and paid as are other expenses of the
    department.]
        [(2) The director of finance shall publish the rates fixed by it for insurance in the Workers'
    Compensation Fund of Utah.]
        (2) The commission may in accordance with Section 63-2-203 charge a fee for furnishing
    materials under this section.
        Section 76. Section 34A-1-403 (Effective 07/01/97), which is renumbered from Section
    35A-3-116 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-116 (Effective 07/01/97)].     34A-1-403 (Effective 07/01/97). Judgments in favor
     of commission -- Preference.
        All judgments obtained in any action prosecuted by the [department] commission or [by] the
    state under [the authority of] this [chapter] title shall have the same preference against the assets of
    the employer as claims for taxes.
        Section 77. Section 34A-1-404 (Effective 07/01/97), which is renumbered from Section
    35A-3-113 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-113 (Effective 07/01/97)].     34A-1-404 (Effective 07/01/97). Injunction
     prohibited.
        (1) [No] An injunction [shall issue] may not be issued suspending or restraining:
        (a) any order[, award, or classification adopted by the department,] by the commission or
    decision under this title; or
        (b) any action of the state auditor, state treasurer, attorney general, or the auditor or treasurer
    of any county, required to be taken by them or any of them by [any of the provisions of] this
    [chapter] title.
        (2) Notwithstanding Subsection (1), this section does not affect:
        (a) any right or defense in any action brought by the [department] commission or the state
    in pursuance of authority contained in this [chapter] title; or

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        (b) the right any party of interest has to appeal a decision or final order of the commission.
        Section 78. Section 34A-1-405 (Effective 07/01/97), which is renumbered from Section
    35A-3-111 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-111 (Effective 07/01/97)].     34A-1-405 (Effective 07/01/97). Employer's records
     subject to examination -- Penalty.
        (1) All books, records, and payrolls of an employer showing, or reflecting in any way upon,
    the amount of [his] the employer's wage expenditure shall always be open for inspection by the
    [department] commission, or any of its auditors, inspectors, or assistants, for the purpose of
    ascertaining:
        (a) the correctness of the wage expenditure[,];
        (b) the number of individuals employed[,]; and [such]
        (c) other information as may be necessary for the uses and purposes of the [department]
    commission in its administration of the law.
        (2) If an employer refuses to submit any books, records, or payrolls for inspection, after
    being presented with written authority from the [department] commission, [he] the employer is liable
    for a penalty of $100 for each offense. This penalty shall be collected by a civil action and paid into
    the Uninsured Employers' Fund.
        Section 79. Section 34A-1-406 (Effective 07/01/97), which is renumbered from Section
    35A-3-303 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-303 (Effective 07/01/97)].     34A-1-406 (Effective 07/01/97). Right of visitation.
        (1) The [executive director] commissioner or the [executive director's] commissioner's
    designee may:
        (a) enter any place of employment for the purpose of:
        (i) collecting facts and statistics; or
        (ii) examining the provisions made for the health[,] and safety[, and welfare] of the
    employees in the place of employment[,]; and [may]
        (b) bring to the attention of every employer any law, or any final order or rule of the
    [department] commission, and any failure on the part of the employer to comply with the law, rule,

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    or final order.
        (2) [No] An employer [shall] may not refuse to admit the [executive director] commissioner
    or the [executive director's] commissioner's designee to [his] the employer's place of employment.
        Section 80. Section 34A-1-407 (Effective 07/01/97), which is renumbered from Section
    35A-3-304 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-304 (Effective 07/01/97)].     34A-1-407 (Effective 07/01/97). Investigation of
     places of employment -- Violations of rules or orders -- Temporary injunction.
        (1) (a) Upon complaint by any person that any employment or place of employment,
    regardless of the number of persons employed, is not safe [or is injurious to the welfare of] for any
    employee or is in violation of state law, the [department] commission shall [proceed, with or without
    notice, to make any
    investigation as may be necessary to determine the matter complained of. After the investigation,
    the department shall enter any order relative to the complaint as may be necessary to render the
    employment or place of employment safe and not injurious to the welfare of the employees in the
    place of employment.] refer the complaint for investigation and administrative action under:
        (i) Chapter 2, Workers' Compensation Act;
        (ii) Chapter 3, Utah Occupational Disease Act;
        (iii) Chapter 5, Utah Antidiscrimination Act;
        (iv) Chapter 6, Utah Occupational Safety and Health Act;
        (v) Chapter 7, Safety; or
        (vi) any combination of Subsections (1)(a)(i) through (v).
        (b) For any Utah mine subject to the Federal Mine Safety and Health Act, the sole duty of
    the [department shall be] commission is to notify the appropriate federal agency of the complaint.
        [(c) Whenever the department shall believe that any employment or place of employment
    is not safe or is injurious to the welfare of any employee, it may, of its own motion, summarily
    investigate the same, with or without notice, and issue any order as it may deem necessary to render
    the employment or place of employment safe.]
        (2) Notwithstanding any other penalty provided in this [chapter] title, if any employer, after

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    receiving notice, fails or refuses to obey the rules[, regulations,] or order of the [department]
    commission relative to the protection of the life, health, or safety[, or welfare] of any employee, the
    district court of Utah is empowered, upon petition of the [department] commission to issue, ex parte
    and without bond, a temporary injunction restraining the further operation of the employer's
    business.
        Section 81. Section 34A-1-408 (Effective 07/01/97), which is renumbered from Section
    35A-3-307 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-307 (Effective 07/01/97)].     34A-1-408 (Effective 07/01/97). Investigations
     through representatives.
        (1) For the purpose of making any investigation necessary for the implementation of this title
    with regard to any employment or place of employment, the [department shall have power to]
    commission may appoint, [by an order] in writing, any competent person who is a resident of the
    state, as an agent, whose duties shall be prescribed in the [order] written appointment.
        (2) In the discharge of [his] the agent's duties, the agent shall have:
        (a) every power of [an inquisitorial nature] investigation granted in this [chapter] title to the
    [department,] commission; and
        (b) the same powers as a referee appointed by a district court with regard to taking evidence.
        (3) The [department] commission may:
        (a) conduct any number of the investigations contemporaneously through different agents[,];
    and [may]
        (b) delegate to the agents the taking of evidence bearing upon any investigation or hearing.
        (4) The recommendations made by the agents shall be advisory only and shall not preclude
    the taking of further evidence or further investigation if the [department] commission so orders.
        Section 82. Section 34A-1-409 (Effective 07/01/97), which is renumbered from Section
    35A-3-115 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-115 (Effective 07/01/97)].     34A-1-409 (Effective 07/01/97). Partial invalidity
     -- Saving clause.
        Should any section or provision of this [chapter] title be decided by the courts to be

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    unconstitutional or invalid the same shall not affect the validity of the [chapter] title as a whole or
    any part of the [chapter] title other than the part so decided to be unconstitutional.
        Section 83. Section 34A-2-101 (Effective 07/01/97), which is renumbered from Section
    35A-3-101 (Effective 07/01/97) is renumbered and amended to read:
    
CHAPTER 2. WORKERS' COMPENSATION ACT

    
Part 1. General Provisions

         [35A-3-101 (Effective 07/01/97)].     34A-2-101 (Effective 07/01/97). Title.
        This chapter shall be known as the "Workers' Compensation Act."
        Section 84. Section 34A-2-102 (Effective 07/01/97), which is renumbered from Section
    35A-3-102 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-102 (Effective 07/01/97)].     34A-2-102 (Effective 07/01/97). Definition of terms.
        As used in this chapter:
        (1) "Average weekly [earnings] wages" means the average weekly [earnings arrived at by
    the rules provided in] wages as determined under Section [35A-3-409] 34A-2-409.
        (2) "Award" means [the finding or decision] a final order of the [department] commission
    as to the amount of compensation due:
        (a) any injured[,] employee; or
        (b) the dependents of any deceased[,] employee.
        (3) "Compensation" means the payments and benefits provided for in this chapter or Chapter
    3, Utah Occupational Disease Act.
        (4) "Decision" means the ruling of an administrative law judge or, in accordance with
    Section 34A-2-801, the commissioner or Appeals Board and may include:
        (a) an award or denial of medical, disability, death, or other related benefits under this
    chapter or Chapter 3, Utah Occupational Disease Act; or
        (b) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah
    Occupational Disease Act.
        (5) "Director" means the director of the division, unless the context requires otherwise.
        [(4)] (6) "Disability" means an administrative determination that may result in an entitlement

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    to compensation as a consequence of becoming medically impaired as to function. Disability can
    be total or partial, temporary or permanent, industrial or nonindustrial.
        [(5) "General order" means an order applying generally throughout the state to all persons,
    employments, or places of employment of a class under the jurisdiction of the department. All other
    orders of the department shall be considered special orders.]
        (7) "Division" means the Division of Industrial Accidents.
        [(6)] (8) "Impairment" is a purely medical condition reflecting any anatomical or functional
    abnormality or loss. Impairment may be either temporary or permanent, industrial or nonindustrial.
        [(7)] (9) "Order" means [any decision, rule, regulation, direction, requirement, or standard
    of the department, or any other determination arrived at, or decision made, by the department.] an
    action of the commission that determines the legal rights, duties, privileges, immunities, or other
    interests of one or more specific persons, but not a class of persons.
        [(8)] (10) (a) "Personal injury by accident arising out of and in the course of employment"
    includes any injury caused by the willful act of a third person directed against an employee because
    of [his] the employee's employment.
        (b) "Personal injury by accident arising out of and in the course of employment" does not
    include a disease, except as the disease results from the injury.
        [(9)] (11) "Safe" and "safety," as applied to any employment or place of employment, means
    the freedom from danger to the life[,] or health[, or welfare] of employees reasonably permitted by
    the nature of the employment.
        [(10) "Welfare" means comfort, decency, and moral well-being.]
        [(11)] (12) "Workers' Compensation Fund of Utah" means the nonprofit, quasi-public
    corporation created in Title 31A, Chapter 33, Workers' Compensation Fund of Utah.
        Section 85. Section 34A-2-103 (Effective 07/01/97), which is renumbered from Section
    35A-3-103 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-103 (Effective 07/01/97)].     34A-2-103 (Effective 07/01/97). Employers
     enumerated and defined -- Regularly employed -- Statutory employers.
        (1) (a) The state, and each county, city, town, and school district in the state are considered

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    employers under this chapter and Chapter 3, Utah Occupational Disease Act.
        (b) For the purposes of the exclusive remedy in this chapter and Chapter 3, Utah
    Occupational Disease Act prescribed in [Section 35A-3-105] Sections 34A-2-105 and 34A-3-102,
    the state is considered to be a single employer and includes any office, department, agency,
    authority, commission, board, institution, hospital, college, university, or other instrumentality of
    the state.
        (2) Except as provided in Subsection (4), each person, including each public utility and each
    independent contractor, who regularly employs one or more workers or operatives in the same
    business, or in or about the same establishment, under any contract of hire, express or implied, oral
    or written, is considered an employer under this chapter and Chapter 3, Utah Occupational Disease
    Act. As used in Subsection (2):
        (a) "Regularly" includes all employments in the usual course of the trade, business,
    profession, or occupation of the employer, whether continuous throughout the year or for only a
    portion of the year.
        (b) "Independent contractor" means any person engaged in the performance of any work for
    another who, while so engaged, is independent of the employer in all that pertains to the execution
    of the work, is not subject to the routine rule or control of the employer, is engaged only in the
    performance of a definite job or piece of work, and is subordinate to the employer only in effecting
    a result in accordance with the employer's design.
        (3) (a) The client company in an employee leasing arrangement under Title 58, Chapter 59,
    Employee Leasing Company Licensing Act, is considered the employer of leased employees and
    shall secure workers' compensation benefits for them by complying with Subsection [35A-3-201]
    34A-2-201(1)(a) or (b) and [department] commission rules.
        (b) Insurance carriers may underwrite [such a risk] workers' compensation secured in
    accordance with Subsection (3)(a) showing the leasing company as the named insured and each
    client company as an additional insured by means of individual endorsements.
        (c) Endorsements shall be filed with the [department] division as directed by commission
    rule.

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        (4) (a) An agricultural employer is not considered an employer under this chapter and
    Chapter 3, Utah Occupational Disease Act, if:
        (i) (A) the employer's employees are all members of the employer's immediate family; and
        (B) the employer has a proprietary interest in the farm where they work; or
        (ii) the employer employed five or fewer persons other than immediate family members for
    40 hours or more per week per employee for 13 consecutive weeks during any part of the preceding
    12 months.
        (b) A domestic employer who does not employ one employee or more than one employee
    at least 40 hours per week is not considered an employer under this chapter and Chapter 3, Utah
    Occupational Disease Act.
        (5) An employer of agricultural laborers or domestic servants who is not considered an
    employer under this chapter [has the right and option to] and Chapter 3, Utah Occupational Disease
    Act, may come under [it] this chapter and Chapter 3, Utah Occupational Disease Act, by complying
    with [its provisions] this chapter and Chapter 3, Utah Occupational Disease Act, and the rules of the
    [department] commission.
        (6) (a) If any person who is an employer procures any work to be done wholly or in part for
    the employer by a contractor over whose work the employer retains supervision or control, and this
    work is a part or process in the trade or business of the employer, the contractor, all persons
    employed by the contractor, all subcontractors under the contractor, and all persons employed by any
    of these subcontractors, are considered employees of the original employer for the purposes of this
    chapter and Chapter [3a] 3, Utah Occupational Disease Act.
        (b) Any person who is engaged in constructing, improving, repairing, or remodelling a
    residence that the person owns or is in the process of acquiring as the person's personal residence
    may not be considered an employee or employer solely by operation of Subsection (6)(a).
        (c) A partner in a partnership or an owner of a sole proprietorship may not be considered an
    employee under Subsection (6)(a) if the employer who procures work to be done by the partnership
    or sole proprietorship obtains and relies on either:
        (i) a valid certification of the partnership's or sole proprietorship's compliance with Section

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    [35A-3-201] 34A-2-201 indicating that the partnership or sole proprietorship secured the payment
    of workers' compensation benefits pursuant to Section [35A-3-201] 34A-2-201; or
        (ii) if a partnership or sole proprietorship with no employees other than a partner of the
    partnership or owner of the sole proprietorship, a workers' compensation policy issued by an insurer
    pursuant to Subsection 31A-21-104(8) stating that:
        (A) the partnership or sole proprietorship is customarily engaged in an independently
    established trade, occupation, profession, or business; and
        (B) the partner or owner personally waives the partner's or owner's entitlement to the
    benefits of [Chapters 1 and 2] this chapter and Chapter 3, Utah Occupational Disease Act, in the
    operation of the partnership or sole proprietorship.
        (d) A director or officer of a corporation may not be considered an employee under
    Subsection (6)(a) if the director or officer is excluded from coverage under Subsection [35A-3-104]
    34A-2-104(4).
        (e) A contractor or subcontractor is not an employee of the employer under Subsection
    (6)(a), if the employer who procures work to be done by the contractor or subcontractor obtains and
    relies on either:
        (i) a valid certification of the contractor's or subcontractor's compliance with Section
    [35A-3-201] 34A-2-201; or
        (ii) if a partnership, corporation, or sole proprietorship with no employees other than a
    partner of the partnership, officer of the corporation, or owner of the sole proprietorship, a workers'
    compensation policy issued by an insurer pursuant to Subsection 31A-21-104(8) stating that:
        (A) the partnership, corporation, or sole proprietorship is customarily engaged in an
    independently established trade, occupation, profession, or business; and
        (B) the partner, corporate officer, or owner personally waives the partner's, corporate
    officer's, or owner's entitlement to the benefits of this chapter and Chapter [3a] 3, Utah Occupational
    Disease Act, in the operation of the partnership's, corporation's, or sole proprietorship's enterprise
    under a contract of hire for services.
        Section 86. Section 34A-2-104 (Effective 07/01/97), which is renumbered from Section

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    35A-3-104 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-104 (Effective 07/01/97)].     34A-2-104 (Effective 07/01/97). "Employee,"
     "worker," or "operative" defined -- Mining lessees and sublessees -- Corporate officers and
     directors -- Real estate agents and brokers -- Prison inmates.
        (1) As used in this chapter and Chapter 3, Utah Occupational Disease Act, "employee,"
    "worker," [or "workmen,"] and "operative" mean:
        (a) each elective and appointive officer and any other person, in the service of the state, or
    of any county, city, town, or school district within the state, serving the state, or any county, city,
    town, or school district under any election or appointment, or under any contract of hire, express or
    implied, written or oral, including each officer and employee of the state institutions of learning and
    members of the National Guard while on state active duty; and
        (b) each person in the service of any employer, as defined in Section [35A-3-103]
    34A-2-103, who employs one or more workers or operatives regularly in the same business, or in
    or about the same establishment, under any contract of hire, express or implied, oral or written,
    including aliens and minors, whether legally or illegally working for hire, but not including any
    person whose employment is casual and not in the usual course of the trade, business, or occupation
    of [his] the employee's employer.
        (2) Unless a lessee provides coverage as an employer under this chapter and Chapter 3, any
    lessee in mines or of mining property and each employee and sublessee of the lessee shall be covered
    for compensation by the lessor under this chapter and Chapter 3, and shall be subject to this chapter
    and Chapter 3 and entitled to its benefits to the same extent as if they were employees of the lessor
    drawing [such] the wages [as are] paid employees for substantially similar work. The lessor may
    deduct from the proceeds of ores mined by the lessees an amount equal to the insurance premium
    for that type of work.
        (3) (a) A partnership or sole proprietorship may elect to include any partner of the
    partnership or owner of the sole proprietorship as an employee of the partnership or sole
    proprietorship under this chapter and Chapter 3.
        (b) If a partnership or sole proprietorship makes [this] an election under Subsection (3)(a),

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    it shall serve written notice upon its insurance carrier naming the persons to be covered. [No] A
    partner of a partnership or owner of a sole proprietorship [is] may not be considered an employee
    of [their] the partner's partnership or the owner's sole proprietorship under this chapter or Chapter
    3, Utah Occupational Disease Act, until this notice has been given.
        (c) For premium rate making, the insurance carrier shall assume the salary or wage of the
    partner or sole proprietor electing coverage under Subsection (3)(a) to be 100% of the state's average
    weekly wage.
        (4) (a) A corporation may elect not to include any director or officer of the corporation as
    an employee under this chapter and Chapter 3, Utah Occupational Disease Act.
        (b) If a corporation makes [this] an election under Subsection (4)(a), it shall serve written
    notice upon its insurance carrier naming the persons to be excluded from coverage. A director or
    officer of a corporation is considered an employee under this chapter and Chapter 3, Utah
    Occupational Disease Act, until this notice has been given.
        (5) As used in this chapter and Chapter 3, "employee," "worker," [or "workman,"] and
    "operative" do not include:
        (a) a real estate sales agent or real estate broker, as defined in Section 61-2-2, who performs
    services in that capacity for a real estate broker if:
        [(a)] (i) substantially all of the real estate sales agent's or associated broker's income for
    services is from real estate commissions;
        [(b)] (ii) the services of the real estate sales agent or associated broker are performed under
    a written contract specifying that the real estate agent is an independent contractor; and
        [(c)] (iii) the contract states that the real estate sales agent or associated broker is not to be
    treated as an employee for federal income tax purposes[.]; or
        [(6) As used in this chapter, "employee," "worker" or "workman," and "operative" do not
    include] (b) an offender performing labor under Section 64-13-16 or 64-13-19, except as required
    by federal statute or regulation.
        Section 87. Section 34A-2-105 (Effective 07/01/97), which is renumbered from Section
    35A-3-105 (Effective 07/01/97) is renumbered and amended to read:

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         [35A-3-105 (Effective 07/01/97)].     34A-2-105 (Effective 07/01/97). Exclusive remedy
     against employer, or officer, agent, or employee -- Employee leasing arrangements.
        (1) The right to recover compensation pursuant to this chapter for injuries sustained by an
    employee, whether resulting in death or not, shall be the exclusive remedy against the employer and
    shall be the exclusive remedy against any officer, agent, or employee of the employer and the
    liabilities of the employer imposed by this chapter shall be in place of any and all other civil liability
    whatsoever, at common law or otherwise, to the employee or to [his] the employee's spouse, widow,
    children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any other
    person whomsoever, on account of any accident or injury or death, in any way contracted, sustained,
    aggravated, or incurred by the employee in the course of or because of or arising out of [his] the
    employee's employment, and no action at law may be maintained against an employer or against any
    officer, agent, or employee of the employer based upon any accident, injury, or death of an
    employee. Nothing in this section, however, shall prevent an employee, or [his] the employee's
    dependents, from filing a claim [with the department] for compensation in those cases [within] in
    accordance with Chapter [3a] 3, Utah Occupational Disease Act.
        (2) The exclusive remedy provisions of this section apply to both the client company and
    the employee leasing company in an employee leasing arrangement under Title 58, Chapter 59,
    Employee Leasing Company Licensing Act.
        Section 88. Section 34A-2-106 (Effective 07/01/97), which is renumbered from Section
    35A-3-106 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-106 (Effective 07/01/97)].     34A-2-106 (Effective 07/01/97). Injuries or death
     caused by wrongful acts of persons other than employer, officer, agent, or employee of
     employer -- Rights of employer or insurance carrier in cause of action -- Maintenance of action
     -- Notice of intention to proceed against third party -- Right to maintain action not involving
     employee-employer relationship -- Disbursement of proceeds of recovery -- Exclusive remedy.
        (1) When any injury or death for which compensation is payable under this chapter [shall
    have been] or Chapter 3, Utah Occupational Disease Act is caused by the wrongful act or neglect
    of a person other than an employer, officer, agent, or employee of the employer[,]:

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        (a) the injured employee, or in case of death, [his] the employee's dependents, may claim
    compensation; and
        (b) the injured employee or [his] the employee's heirs or personal representative may [also]
    have an action for damages against the third person.
        (2) (a) If compensation is claimed and the employer or insurance carrier becomes obligated
    to pay compensation, the employer or insurance carrier:
        (i) shall become trustee of the cause of action against the third party; and
        (ii) may bring and maintain the action either in its own name or in the name of the injured
    employee, or [his] the employee's heirs or the personal representative of the deceased[, provided the].
        (b) Notwithstanding Subsection (2)(a), an employer or insurance carrier may not settle and
    release [the] a cause of action of which it is a trustee under Subsection (2)(a) without the consent of
    the [department] commission.
        (3) (a) Before proceeding against [the] a third party, to give a person described in
    Subsections (3)(a)(i) and (ii) a reasonable opportunity to enter an appearance in the proceeding, the
    injured employee[,] or, in case of death, [his] the employee's heirs, shall give written notice of the
    intention to bring an action against the third party to:
        (i) the carrier; and
        (ii) any other person obligated for the compensation payments[, to give the person a
    reasonable opportunity to enter an appearance in the proceeding].
        (b) The injured employee, or, in case of death, [his] the employee's heirs, shall give written
    notice to the carrier and other person obligated for the compensation payments of any known attempt
    to attribute fault to the employer, officer, agent, or employee of the employer:
        (i) by way of settlement; or
        (ii) in a proceeding brought by the injured employee, or, in case of death, [his] the
    employee's heirs.
        (4) For the purposes of this section and notwithstanding [the provisions of] Section
    [35A-3-103] 34A-2-103, the injured employee or [his] the employee's heirs or personal
    representative may also maintain an action for damages against [subcontractors, general contractors,

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    independent contractors, property owners or their lessees or assigns, not occupying an
    employee-employer relationship with the injured or deceased employee at the time of his injury or
    death.] any of the following persons who do not occupy an employee-employer relationship with the
    injured or deceased employee at the time of the employee's injury or death:
        (a) a subcontractor;
        (b) a general contractor;
        (c) an independent contractor;
        (d) a property owner; or
        (e) a lessee or assignee of a property owner.
        (5) If any recovery is obtained against a third person, it shall be disbursed [as follows:] in
    accordance with Subsections (5)(a) through (c).
        (a) The reasonable expense of the action, including attorneys' fees, shall be paid and charged
    proportionately against the parties as their interests may appear. Any fee chargeable to the employer
    or carrier is to be a credit upon any fee payable by the injured employee or, in the case of death, by
    the dependents, for any recovery had against the third party.
        (b) The person liable for compensation payments shall be reimbursed, less the proportionate
    share of costs and attorneys' fees provided for in Subsection (5)(a), for the payments made as
    follows:
        (i) without reduction based on fault attributed to the employer, officer, agent, or employee
    of the employer in the action against the third party if the combined percentage of fault attributed
    to persons immune from suit is determined to be less than 40% prior to any reallocation of fault
    under Subsection 78-27-39(2); or
        (ii) less the amount of payments made multiplied by the percentage of fault attributed to the
    employer, officer, agent, or employee of the employer in the action against the third party if the
    combined percentage of fault attributed to persons immune from suit is determined to be 40% or
    more prior to any reallocation of fault under Subsection 78-27-39(2).
        (c) The balance shall be paid to the injured employee, or [his] the employee's heirs in case
    of death, to be applied to reduce or satisfy in full any obligation thereafter accruing against the

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    person liable for compensation.
        (6) The apportionment of fault to the employer in a civil action against a third party is not
    an action at law and does not impose any liability on the employer. The apportionment of fault does
    not alter or diminish the exclusiveness of the remedy provided to employees, their heirs, or personal
    representatives, or the immunity provided employers pursuant to Section [35A-1-105] 34A-2-105
    or 34A-3-102 for injuries sustained by an employee, whether resulting in death or not. Any court in
    which a civil action is pending shall issue a partial summary judgment to an employer with respect
    to the employer's immunity as provided in Section [35A-3-105] 34A-2-105 or 34A-3-102, even
    though the conduct of the employer may be considered in allocating fault to the employer in a third
    party action in the manner provided in Sections 78-27-37 through 78-27-43.
        Section 89. Section 34A-2-107 (Effective 07/01/97), which is renumbered from Section
    35A-3-107 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-107 (Effective 07/01/97)].     34A-2-107 (Effective 07/01/97). Appointment of
     workers' compensation advisory council -- Composition -- Terms of members -- Duties --
     Compensation.
        (1) The [executive director of the department] commissioner shall appoint a workers'
    compensation advisory council composed of:
        (a) the following voting members:
        (i) five employer representatives; and
        (ii) five employee representatives; and
        (b) the following nonvoting members:
        (i) [three members, one representing] a representative of the Workers' Compensation Fund
    of Utah[, one representing];
        (ii) a representative of a private insurance carrier[,and one representing];
        (iii) a representative of health care providers;
        [(ii)] (iv) the Utah insurance commissioner; and
        [(iii) each member of the Workforce Appeals Board; and]
        [(iv)] (v) the [executive director] commissioner or the [executive director's] commissioner's

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    designee.
        [(3)] (2) Employers and employees shall consider nominating members of groups who
    historically may have been excluded from the council, such as women, minorities, and individuals
    with disabilities.
        [(4)] (3) (a) Except as required by Subsection [(4)] (3)(b), as terms of current council
    members expire, the [executive director] commissioner shall appoint each new member or
    reappointed member to a four-year term beginning July 1 and ending June 30.
        (b) Notwithstanding the requirements of Subsection [(4)] (3)(a), the [executive director]
    commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure
    that the terms of council members are staggered so that approximately half of the council is
    appointed every two years.
        [(5)] (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
    be appointed for the unexpired term.
        (b) The [executive director] commissioner shall terminate the terms of any council member
    who ceases to be representative as designated by [his] the member's original appointment.
        [(6)] (5) The council shall confer at least quarterly for the purpose of advising the
    [department] commission, the division [of Labor, Safety, and Program Regulation], and the
    Legislature on the Utah workers' compensation and occupational disease laws, the administration
    of them, and related rules.
        [(7)] (6) The council shall offer advice on issues requested by the [department] commission,
    the division [of Labor, Safety, and Program Regulation, the State Council on Workforce Services],
    and the Legislature and also make recommendations to the [department and the Division of Labor,
    Safety, and Program Regulation] commission and division regarding workers' compensation,
    rehabilitation, and reemployment of employees who are disabled because of an industrial injury or
    occupational disease.
        [(8)] (7) The [executive director] commissioner or the [executive director's] commissioner's
    designee shall serve as the chair of the council and call the necessary meetings.
        [(9)] (8) The [department] commission shall provide staff support to the council.

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        [(10)] (9) (a) (i) Members who are not government employees [shall] may not receive [no]
    compensation or benefits for their services, but may receive per diem and expenses incurred in the
    performance of the member's official duties at the rates established by the Division of Finance under
    Sections 63A-3-106 and 63A-3-107.
        (ii) Members may decline to receive per diem and expenses for their service.
        (b) (i) State government officer and employee members who do not receive salary, per diem,
    or expenses from their agency for their service may receive per diem and expenses incurred in the
    performance of their official duties from the council at the rates established by the Division of
    Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) State government officer and employee members may decline to receive per diem and
    expenses for their service.
        Section 90. Section 34A-2-108 (Effective 07/01/97), which is renumbered from Section
    35A-3-108 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-108 (Effective 07/01/97)].     34A-2-108 (Effective 07/01/97). Void agreements
     between employers and employees.
        (1) [No] Except as provided in Section 34A-2-420, an agreement by an employee to waive
    [his] the employee's rights to compensation under this chapter [shall be] or Chapter 3, Utah
    Occupational Disease Act, is not valid.
        (2) [No] An agreement by an employee to pay any portion of the premium paid by his
    employer [shall be] is not valid.
        (3) Any employer who deducts any portion of [such] the premium from the wages or salary
    of any employee entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease Act:
        (a) is guilty of a misdemeanor[,]; and
        (b) shall be fined not more than $100 for each such offense.
        Section 91. Section 34A-2-109 (Effective 07/01/97), which is renumbered from Section
    35A-3-109 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-109 (Effective 07/01/97)].     34A-2-109 (Effective 07/01/97). Interstate and
     intrastate commerce.

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        [The provisions of this] (1) Except as provided in Subsection (2), this chapter [shall] and
    Chapter 3, Utah Occupational Disease Act, apply to employers and their employees engaged in:
        (a) intrastate [and also in] commerce;
        (b) interstate commerce; and
        (c) foreign commerce [for whom a].
        (2) If a rule of liability or method of compensation [has been or may be] is established by
    the Congress of the United States[,] as to interstate or foreign commerce, this chapter and Chapter
    3 apply only to the extent that [their]:
        (a) this chapter and Chapter 3 has a mutual connection with intrastate work [may and shall
    be]; and
        (b) the connection to intrastate work is clearly separable and distinguishable from interstate
    or foreign commerce.
        Section 92. Section 34A-2-110 (Effective 07/01/97), which is renumbered from Section
    35A-3-114 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-114 (Effective 07/01/97)].     34A-2-110 (Effective 07/01/97). Workers'
     compensation insurance fraud -- Elements -- Penalties -- Notice.
        (1) As used in this section:
        (a) "Corporation" has the same meaning as in Subsection 76-2-201(3).
        (b) "Intentionally" has the same meaning as in Subsection 76-2-103(1).
        (c) "Knowingly" has the same meaning as in Subsection 76-2-103(2).
        (d) "Person" has the same meaning as in Subsection 76-1-601(8).
        (e) "Recklessly" has the same meaning as in Subsection 76-2-103(3).
        (2) (a) Any person [who has] is guilty of workers' compensation insurance fraud if that
    person intentionally, knowingly, or recklessly[, devised]:
        (i) devises any scheme or artifice to obtain workers' compensation insurance coverage,
    disability compensation, medical benefits, goods, professional services, fees for professional
    services, or anything of value under this chapter or Chapter 3, Utah Occupational Disease Act, by
    means of false or fraudulent pretenses, representations, promises, or material omissions[,]; and [who

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    intentionally, knowingly, or recklessly]
        (ii) communicates or causes a communication with another in furtherance of the scheme or
    artifice[, is guilty of workers' compensation insurance fraud, which].
        (b) Workers' compensation insurance fraud under Subsection (2)(a) is punishable in the
    manner prescribed by Section 76-10-1801 for communication fraud.
        (3) A corporation or association is guilty of the offense of workers' compensation insurance
    fraud under the same conditions as those set forth in Section 76-2-204.
        (4) The determination of the degree of any offense under Subsection (2) shall be measured
    by the total value of all property, money, or other things obtained or sought to be obtained by the
    scheme or artifice described in Subsection (2), except as provided in Subsection 76-10-1801(1)(e).
        (5) Reliance on the part of any person is not a necessary element of the offense described
    in Subsection (2).
        (6) An intent on the part of the perpetrator of any offense described in Subsection (2) to
    permanently deprive any person of property, money, or anything of value is not a necessary element
    of this offense.
        (7) A scheme or artifice to obtain workers' compensation insurance coverage includes any
    scheme or artifice to make or cause to be made any false written or oral statement or business
    reorganization, incorporation, or change in ownership intended to obtain insurance coverage as
    mandated by this chapter or Chapter 3, Utah Occupational Disease Act, at rates that do not reflect
    the risk, industry, employer, or class codes actually covered by the policy.
        (8) A scheme or artifice to obtain disability compensation includes a scheme or artifice to
    collect or make a claim for temporary disability compensation as provided in Section [35A-3-410]
    34A-2-410 while working for gain.
        (9) (a) Each insurer or self-insured employer who, in connection with [any provision of] this
    chapter or Chapter 3, Utah Occupational Disease Act, prints, reproduces, or furnishes a form to any
    person upon which that person applies for insurance coverage, reports payroll, makes a claim by
    reason of accident, injury, death, disease, or other claimed loss, or otherwise reports or gives notice
    to the insurer or self-insured employer, shall cause to be printed or displayed in comparative

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    prominence with other content the statement: "Any person who knowingly presents false or
    fraudulent underwriting information, files or causes to be filed a false or fraudulent claim for
    disability compensation or medical benefits, or submits a false or fraudulent report or billing for
    health care fees or other professional services is guilty of a crime and may be subject to fines and
    confinement in state prison." [This]
        (b) The statement required by Subsection (9)(a) shall be preceded by the words: "For your
    protection, Utah law requires the following to appear on this form" or other explanatory words of
    similar meaning.
        (10) Each insurer or self-insured employer who issues a check, warrant, or other financial
    instrument in payment of compensation issued under this chapter or Chapter 3, Utah Occupational
    Disease Act, shall cause to be printed or displayed in comparative prominence above the area for
    endorsement the statement: "Workers' compensation insurance fraud is a crime punishable by Utah
    law."
        (11) In the absence of malice, a person, employer, insurer, or governmental entity that
    reports a suspected fraudulent act relating to a workers' compensation insurance policy or claim is
    not subject to any civil liability for libel, slander, or any other relevant cause of action.
        (12) In any action involving workers' compensation, this section supersedes Title 31A,
    Chapter 31, Insurance Fraud Act.
        Section 93. Section 34A-2-111 (Effective 07/01/97), which is renumbered from Section
    35A-3-117 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-117 (Effective 07/01/97)].     34A-2-111 (Effective 07/01/97). Managed health
     care -- Health care cost containment.
        (1) Self-insured employers and workers' compensation carriers may adopt a managed health
    care program to provide employees the benefits of this chapter or Chapter 3, Utah Occupational
    Disease Act, beginning January 1, 1993. The plan may include one or more of the following:
        (a) (i) A preferred provider program may be developed so long as the program allows a
    selection by the employee of more than one physician in the health care specialty required for
    treating the specific problem of an industrial patient. If a preferred provider program is developed

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    by an employer, insurance carrier, or self-insured entity, employees are required to [utilize] use
    preferred provider physicians and medical care facilities. If a preferred provider program is not
    developed, an industrial claimant may have free choice of health care providers. Failure of an
    industrial claimant to [utilize] use a preferred health care facility as defined in Section 26-21-2 as
    part of a preferred provider program, or failure to initially receive treatment from a preferred
    physician, may, if the claimant has been notified of the program, result in the claimant being
    obligated for any charges in excess of the preferred provider allowances.
        (ii) Notwithstanding the requirements of Subsection (1)(a)(i), a self-insured entity or other
    employer may:
        (A) have its own health care facility on or near its worksite or premises and [may] continue
    to contract with other health care providers[,]; or [the employer may]
        (B) operate a health care facility and require employees to first seek treatment at the
    provided health care or contracted facility.
        (iii) An employee of an employer [utilizing] using a preferred provider program or having
    its own health care facility may procure the services of any qualified practitioner:
        (A) for emergency treatment, if a physician employed in the program or at the facility is not
    available for any reason;
        (B) for conditions the employee in good faith believes are nonindustrial; or
        (C) when an employee living in a rural area would be unduly burdened by traveling to a
    preferred provider.
        (b) (i) Other contracts with medical care providers or medical review organizations may be
    made for the following purposes:
        (A) insurance carriers or self-insured employers may form groups in contracting for
    managed health care services with medical providers;
        (B) peer review;
        (C) methods of utilization review;
        (D) use of case management; and
        (E) bill audit.

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        (ii) Insurance carriers may make any or all of the factors in Subsection (1)(b)(i) a condition
    of insuring entities in their insurance contract.
        (2) As used in Subsection (1), "physician" means any health care provider licensed under:
        (a) Title 58, Chapter [5] 5a, [Podiatrists] Podiatric Physician Licensing Act;
        [(d)] (b) Title 58, Chapter 24a, Physical [Therapists] Therapist Practice Act[.];
        (c) Title 58, Chapter 67, Utah Medical Practice Act;
        (d) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
        [(b)] (e) Title 58, Chapter [7] 69, [Dentists] Dentist and Dental [Hygienists] Hygienist
    Practice Act;
        [(c) Title 58, Chapter 12, Practice of Medicine and Surgery and the Treatment of Human
    Ailments; and]
        (f) Title 58, Chapter 70, Physician Assistant Practice Act;
        (g) Title 58, Chapter 71, Naturopathic Physician Practice Act;
        (h) Title 58, Chapter 72, Acupuncture Licensing Act; and
        (i) Title 58, Chapter 73, Chiropractic Physician Practice Act.
        (3) Each workers' compensation insurance carrier writing insurance in this state shall
    maintain a designated agent in this state registered with the [department] division.
        (4) (a) In addition to managed health care plans, [insurance carriers] an insurance carrier may
    require [employers who have] an employer to establish a work place safety program if the employer:
        (i) has an experience modification factor of 1.00 or higher, as determined by the National
    Council on Compensation Insurance[,]; or [who may be]
        (ii) is determined by the carrier to have a three-year loss ratio of 100% or higher[, to
    establish a].
        (b) A workplace safety program [which] may include:
        [(a)] (i) a written workplace accident and injury reduction program that promotes safe and
    healthful working conditions, which is based on clearly stated goals and objectives for meeting those
    goals[. The program should describe:]; and
        [(i) how managers, supervisors, and employees are responsible for implementing the

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    program and how continued participation of management will be established, measured, and
    maintained;]
        [(ii) the methods used to identify, analyze, and control new or existing hazards, conditions,
    and operations;]
        [(iii) how the program will be communicated to all employees so that they are informed of
    work-related hazards and controls;]
        [(iv) how workplace accidents will be investigated and corrective action implemented; and]
        [(v) how safe work practices and rules will be enforced; and]
        [(b)] (ii) a documented review of the workplace accident and injury reduction program each
    calendar year delineating how procedures set forth in the program are met.
        (5) A written workplace accident and injury reduction program permitted under Subsection
    (4)(b)(i) should describe:
        (a) how managers, supervisors, and employees are responsible for implementing the
    program;
        (b) how continued participation of management will be established, measured, and
    maintained;
        (c) the methods used to identify, analyze, and control new or existing hazards, conditions,
    and operations;
        (d) how the program will be communicated to all employees so that the employees are
    informed of work-related hazards and controls;
        (e) how workplace accidents will be investigated and corrective action implemented; and
        (f) how safe work practices and rules will be enforced.
        [(5)] (6) The premiums charged to any employer who fails or refuses to establish a
    workplace safety program pursuant to Subsection (4)[(a) or ](b)(i) or (ii) may be increased by 5%
    over any existing current rates and premium modifications charged that employer.
        Section 94. Section 34A-2-112 is enacted to read:
         34A-2-112. Administration of this chapter and Chapter 3.
        (1) Administration of this chapter and Chapter 3, Utah Occupational Disease Act, is vested

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    in the commission to be administered through the division, the Division of Adjudication, and for
    administrative appeals through the commissioner and the Appeals Board.
        (2) The commission:
        (a) has jurisdiction over every workplace in the state and may administer this chapter and
    Chapter 3, Utah Occupational Disease Act, and any rule or order issued under these chapters, to
    ensure that every employee in this state has a safe workplace in which employers have secured the
    payment of workers' compensation benefits for their employees in accordance with this chapter and
    Chapter 3, Utah Occupational Disease Act;
        (b) through the division under the supervision of the director, has the duty and full authority
    to take any administrative action authorized under this chapter or Chapter 3, Utah Occupational
    Disease Act; and
        (c) through the Division of Adjudication, commissioner, and Appeals Board, provide for the
    adjudication and review of an administrative action, decision, or order of the commission in
    accordance with this title.
        Section 95. Section 34A-2-201 (Effective 07/01/97), which is renumbered from Section
    35A-3-201 (Effective 07/01/97) is renumbered and amended to read:
    
Part 2. Securing Workers' Compensation Benefits for Employees

         [35A-3-201 (Effective 07/01/97)].     34A-2-201 (Effective 07/01/97). Employers to secure
     workers' compensation benefits for employees -- Methods -- Self insured status.
        (1) Employers, including counties, cities, towns, and school districts, shall secure the
    payment of workers' compensation benefits for their employees:
        (a) by insuring, and keeping insured, the payment of this compensation with the Workers'
    Compensation Fund of Utah, which payments shall commence within 30 days after any final award
    by the [department] commission;
        (b) by insuring, and keeping insured, the payment of this compensation with any stock
    corporation or mutual association authorized to transact the business of workers' compensation
    insurance in this state, which payments shall commence within 30 days after any final award by the
    [department] commission; or

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        (c) by furnishing annually to the [department] division satisfactory proof of financial ability
    to pay direct compensation in the amount, in the manner, and when due as provided for in this
    chapter or Chapter 3, Utah Occupational Disease Act, which payments shall commence within 30
    days after any final award by the [department] commission.
        (2) (a) If an employer secures payment of workers' compensation benefits under Subsection
    (1)(c), the [department] division may [in its discretion]:
        (i) require the deposit of acceptable security, indemnity, or bond to secure the payment of
    compensation liabilities as they are incurred[,]; and [may]
        (ii) at any time change or modify the requirement to deposit acceptable security, indemnity,
    or bond, if in its judgment this action is necessary or desirable to secure or assure a strict compliance
    with all the provisions of law relating to the payment of compensation and the furnishing of medical,
    nurse, and hospital services, medicines, and burial expenses to injured employees and to the
    dependents of killed employees.
        (b) (i) The [department] division may in proper cases revoke any employer's privilege as a
    self-insurer.
        [(3) The department is authorized and empowered to maintain a suit in any court of the state
    to enjoin any employer, within the provisions of this chapter, from further operation of the
    employer's business, where the employer has failed to provide for the payment of benefits in one of
    the three ways provided in this section. Upon a showing of failure to so provide, the court shall
    enjoin the further operation of the employer's business until the payment of these benefits has been
    secured by the employer as required by this section. The court may enjoin the employer without
    requiring bond from the department.]
        [(4) If the department has reason to believe that an employer of one or more employees is
    conducting a business without securing the payment of compensation in one of the three ways
    provided in this section, the department may give such employer five days' written notice by
    registered mail of the noncompliance and if the employer within the five days written notice does
    not remedy the default, the department may file suit as provided in this section and the court is
    empowered, ex parte, to issue without bond a temporary injunction restraining the further operation

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    of the employer's business.]
        (ii) The revocation under Subsection (2)(b)(i) becomes a final order of the commission
    effective 30 days from the date the division revokes the privilege, unless within the 30 days the
    employer files an application for hearing in accordance with Part 8, Adjudication.
        Section 96. Section 34A-2-202 (Effective 07/01/97), which is renumbered from Section
    35A-3-202 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-202 (Effective 07/01/97)].     34A-2-202 (Effective 07/01/97). Assessment on
     employers and counties, cities, towns, or school districts paying compensation direct.
        (1) (a) An employer, including a county, city, town, or school district, who by authority of
    the [department] division under Section [35A-3-201] 34A-2-201 is authorized to pay compensation
    direct shall pay annually, on or before March 31, an assessment of the same percentage as required
    by law to be paid by an insurance company upon its premiums, based upon an amount equivalent
    to premiums, that would be paid by the employer, if insured in the Workers' Compensation Fund of
    Utah.
        (b) The assessment required by Subsection (1)(a) is to be computed and collected by the
    State Tax Commission and paid by the State Tax Commission into the state treasury as provided in
    Subsection 59-9-101(2).
        (c) [An] Notwithstanding Subsection (1)(a), an employer whose total assessment obligation
    under Subsection (1)(a) for the preceding year was $10,000 or more shall pay the assessment in
    quarterly installments in the same manner provided in Section 59-9-104 and subject to the same
    penalty provided in Section 59-9-104 for not paying or underpaying an installment.
        (2) The State Tax Commission shall have access to all the records of the [office of the
    department] division for the purpose of computing and collecting any amounts described in this
    section.
        Section 97. Section 34A-2-203 (Effective 07/01/97), which is renumbered from Section
    35A-3-203 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-203 (Effective 07/01/97)].     34A-2-203 (Effective 07/01/97). State department,
     commission, board, or other agency to pay premiums direct to Workers' Compensation Fund

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     of Utah.
        Each department, commission, board, or other agency of the state shall pay the insurance
    premium on its employees direct to the Workers' Compensation Fund of Utah.
        Section 98. Section 34A-2-204 (Effective 07/01/97), which is renumbered from Section
    35A-3-207 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-207 (Effective 07/01/97)].     34A-2-204 (Effective 07/01/97). Compliance with
     chapter -- Notice to employees.
        (1) Each employer providing insurance, or electing directly to pay compensation to [his] the
    employer's injured workers, or the dependents of [his] the employer's killed employees, in
    accordance with this chapter and Chapter 3, Utah Occupational Disease Act, shall post in
    conspicuous places about [his] the employer's place of business typewritten or printed notices
    stating, that:
        (a) [he] the employer has complied with this chapter and Chapter 3, Utah Occupational
    Disease Act, and all the rules of the [department] commission made under this chapter and Chapter
    3, Utah Occupational Disease Act; and
        (b) if such is the case, [that he] the employer has been authorized by the [department]
    division directly to compensate [such] the employees or dependents.
        (2) The notice required in Subsection (1) when posted in accordance with Subsection (1),
    shall constitute sufficient notice to [his] the employer's employees of the fact that [he] the employer
    has complied with the law as to securing compensation to [his] the employer's employees and their
    dependents.
        Section 99. Section 34A-2-205 (Effective 07/01/97), which is renumbered from Section
    35A-3-205 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-205 (Effective 07/01/97)].     34A-2-205 (Effective 07/01/97). Notification of
     workers' compensation insurance coverage to division -- Cancellation requirements -- Penalty
     for violation.
        (1) (a) Every insurance carrier writing workers' compensation insurance coverage in this
    state or for this state, regardless of the state in which the policy is written, shall file notification of

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    that coverage with the [department] division or its designee within 30 days after the inception date
    of the policy [on forms] in the form prescribed by the [department] division. These policies will be
    in effect from inception until canceled by filing with the [department] division or its designee a
    notification of cancellation [on forms] in the form prescribed by the [department] division within ten
    days after the cancellation of a policy.
        (b) Failure to notify the [department] division or its designee under Subsection (1)(a) will
    result in the continued liability of the carrier until the date that notice of cancellation is received by
    the [department] division or its designee.
        [(b)] (c) Filings shall be made within 30 days of:
        (i) the reinstatement of a policy[,];
        (ii) the changing or addition of a name or address of the insured[,]; or
        (iii) the merger of an insured with another entity.
        [(c)] (d) All filings shall include:
        (i) the name of the insured[,];
        (ii) the principal business address[,];
        (iii) any and all assumed name designations[,];
        (iv) the address of all locations within this state where business is conducted[,]; and [after
    July 1, 1987,]
        (v) all federal employer identification numbers or federal tax identification numbers.
        [(d)] (2) Noncompliance with this section is grounds for revocation of an insurance carrier's
    certificate of authority in addition to the grounds specified in Title 31A, Insurance Code.
        [(2)] (3) The [department] division may assess an insurer up to $150, payable to the
    Uninsured Employers' Fund, if the insurer fails to comply with this section.
        Section 100. Section 34A-2-206 (Effective 07/01/97), which is renumbered from Section
    35A-3-206 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-206 (Effective 07/01/97)].     34A-2-206 (Effective 07/01/97). Furnishing
     information to division -- Employers' annual report -- Rights of division -- Examination of
     employers under oath -- Penalties.

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        (1) (a) Every employer shall furnish the [department] division, upon request, all information
    required by it to carry out the purposes of this chapter and Chapter 3, Utah Occupational Disease
    Act.
        (b) In the month of July of each year every employer shall prepare and mail to the
    [department] division a statement containing the following information:
        [(a)] (i) the number of persons employed during the preceding year from July 1, to June 30,
    inclusive;
        [(b)] (ii) the number of the persons employed at each kind of employment;
        [(c)] (iii) the scale of wages paid in each class of employment, showing the minimum and
    maximum wages paid; and
        [(d)] (iv) the aggregate amount of wages paid to all employees.
        (2) (a) The information required under Subsection (1) shall be furnished [on blanks on a
    form prepared by the department and furnished to employers free of charge upon request] in the form
    prescribed by the division.
        (b) Every employer shall [properly fill out the blanks so as to]:
        (i) answer fully and correctly all questions [on the form,] and [shall] give all the information
    sought [in the form,] by the division under Subsection (1); or[,]
        (ii) if unable to [do so] comply with Subsection (2)(b)(i), [the employer shall] give to the
    [department] division, in writing, good and sufficient reasons for the failure.
        (3) (a) The [department] division may require the information required to be furnished by
    this chapter [to be furnished] or Chapter 3, Utah Occupational Disease Act, to be made under oath
    and returned to the [department] division within the period fixed by it or by law.
        (b) The [department] division, or any person employed by the [department] division for that
    purpose, shall have the right to examine, under oath, any employer, [his] or the employer's agents
    or employees, for the purpose of ascertaining any information that the employer is required by this
    chapter or Chapter 3, Utah Occupational Disease Act, to furnish to the [department] division.
        (4) (a) [Any] The division may seek a penalty of not to exceed $500 for each offense to be
    recovered in a civil action brought by the commission or the division on behalf of the commission

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    against an employer who[,]:
        (i) within a reasonable time to be fixed by the [department] division and after the receipt of
    written notice signed by the [executive] director or the [executive] director's designee specifying the
    information demanded and served by certified mail, refuses to furnish to the [department] division:
        (A) the annual statement required by this section[,]; or [who refuses to furnish]
        (B) other information as may be required by the [department] division under this section[,];
    or [who]
        (ii) willfully furnishes a false or untrue statement [shall be liable to a penalty of not to
    exceed $500 for each offense to be recovered in a civil action brought by and in the name of the
    department].
        (b) All penalties [when] collected under Subsection (4)(a) shall be paid into the Employers'
    Reinsurance Fund created in Section [35A-3-702] 34A-2-702.
        [(b) If the information being requested under this section is requested as part of an appeal
    to the Workforce Appeals Board, at least two members of the Workforce Appeals Board shall sign
    the notice specifying the information demanded.]
        Section 101. Section 34A-2-207 (Effective 07/01/97), which is renumbered from Section
    35A-3-209 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-209 (Effective 07/01/97)].     34A-2-207 (Effective 07/01/97). Noncompliance --
     Civil action by employees.
        (1) (a) Employers who [shall] fail to comply with Section [35A-3-201 shall] 34A-3-201 are
    not [be] entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease Act, during
    the period of noncompliance, but shall be liable in a civil action to their employees for damages
    suffered by reason of personal injuries arising out of or in the course of employment caused by the
    wrongful act, neglect, or default of the employer or any of the employer's officers, agents, or
    employees, and also to the dependents or personal representatives of such employees [where] when
    death results from such injuries.
         (b) In any [such] action described in Subsection (1)(a), the defendant [shall] may not avail
    himself of any of the following defenses:

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        [(a)] (i) the fellow-servant rule;
        [(b)] (ii) assumption of risk; or
        [(c)] (iii) contributory negligence.
        (2) Proof of the injury shall constitute prima facie evidence of negligence on the part of the
    employer and the burden shall be upon the employer to show freedom from negligence resulting in
    the injury.
        (3) An employer who fails to comply with Section [35A-3-201] 34A-2-201 is subject to
    Sections [35A-3-210] 34A-2-208 and [35A-3-211] 34A-2-212.
        (4) In any civil action permitted under this section against the employer, the employee shall
    be entitled to necessary costs and a reasonable attorney fee assessed against the employer.
        Section 102. Section 34A-2-208 (Effective 07/01/97), which is renumbered from Section
    35A-3-210 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-210 (Effective 07/01/97)].     34A-2-208 (Effective 07/01/97). Right to
     compensation when employer fails to comply.
        (1) Any employee, [whose] or the employee's dependents if death has ensued, may, in lieu
    of proceeding against the employee's employer by civil action in the courts as provided in Section
    34A-2-207, file an application with the Division of Adjudication for compensation in accordance
    with this chapter or Chapter 3, Utah Occupational Disease Act, when:
        (a) the employee's employer [has] failed to comply with Section [35A-3-201, who]
    34A-2-201;
        (b) the employee has been injured by accident arising out of or in the course of [his] the
    employee's employment, wherever the injury occurred[, if the same]; and
        (c) the injury described in Subsection (1)(b) was not purposely self-inflicted[, or his
    dependents in case death has ensued, may, in lieu of proceeding against his employer by civil action
    in the courts as provided in Section 35A-3-209, file his application with the department for
    compensation in accordance with the terms of this chapter].
        (2) [The department shall hear and determine the] An application for compensation [as in
    other cases.] filed under Subsection (1) shall be treated by the commission, including for purposes

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    of appeal to the commissioner or Appeals Board, as an application for hearing under Section
    34A-2-801.
        (3) [The amount of compensation that] (a) If an application for compensation is filed under
    Subsection (1), in accordance with Part 8, Adjudication, the [department may ascertain and]
    commission shall determine [to be] the award due to:
        (i) the injured employee[,]; or [his]
        (ii) the employee's dependents in case death has ensued[, shall be paid by the].
        (b) The employer shall pay the award determined under Subsection (3)(a) to the persons
    entitled to the compensation within ten days after receiving notice from the commission of the
    amount of the [compensation as fixed and] award determined [by the department] under Subsection
    (3)(a).
        Section 103. Section 34A-2-209 (Effective 07/01/97), which is renumbered from Section
    35A-3-208 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-208 (Effective 07/01/97)].     34A-2-209 (Effective 07/01/97). Employer's penalty
     for violation -- Notice of noncompliance -- Proof required -- Admissible evidence -- Criminal
     prosecution.
        (1) (a) (i) Any employer who fails to comply, and every officer of a corporation or
    association that fails to comply, with [the provisions of] Section [35A-3-201] 34A-2-201 is guilty
    of a class B misdemeanor.
        (ii) Each day's failure to comply with Subsection (1)(a)(i) is a separate offense.
        (b) All funds, fines, or penalties collected or assessed under Subsection (1)(a) shall be
    deposited in the Uninsured Employers' Fund created by Section [35A-3-704] 34A-2-704 and used
    for the purposes of that fund.
        (c) If the [department has sent] division sends written notice of noncompliance by certified
    mail to the last-known address of the employer, corporation, or officers of a corporation or
    association, and the employer, corporation, or officers do not within ten days provide to the
    [department] division proof of compliance, the notice and failure to provide proof constitutes prima
    facie evidence that the employer, corporation, or officers [were] are in violation of this section.

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        (2) (a) (i) If the [department] division has reason to believe that an employer [of one or more
    employees] is conducting business without securing the payment of compensation in one of the three
    ways provided in Section [35A-3-201] 34A-2-201, the [department] division may give the employer,
    or in the case of an employer corporation, the corporation or the officers of the corporation, notice
    of noncompliance by certified mail to the last-known address of the employer, corporation, or
    officers, and if the employer, corporation, or officers do not, within ten days, provide to the
    [department] division proof of compliance, the employer and every officer of an employer
    corporation is guilty of a class B misdemeanor.
        (ii) Each day's failure to comply with Subsection (2)(a)(i) is a separate offense.
        (b) All funds, fines, or penalties collected or assessed under Subsection (2)(a) shall be
    deposited in the Uninsured Employers' Fund created by Section [35A-3-704] 34A-2-704 and used
    for the purposes of that fund.
        (3) All forms and records kept by the [department] division or its designee pursuant to
    Section [35A-3-205] 34A-2-205 are admissible as evidence to establish noncompliance under this
    section.
        (4) The [department] commission or division on behalf of the commission is authorized [and
    empowered] to prosecute or request the attorney general or district attorney to prosecute a criminal
    action in the name of the state to enforce the provisions of this chapter or Chapter 3, Utah
    Occupational Disease Act.
        Section 104. Section 34A-2-210 is enacted to read:
         34A-2-210. Power to bring suit for noncompliance.
        (1) (a) The commission or the division on behalf of the commission may maintain a suit in
    any court of the state to enjoin any employer, within this chapter or Chapter 3, Utah Occupational
    Disease Act, from further operation of the employer's business, when the employer fails to provide
    for the payment of benefits in one of the three ways provided in Section 34A-2-201.
        (b) Upon a showing of failure to provide for the payment of benefits, the court shall enjoin
    the further operation of the employer's business until the payment of these benefits has been secured
    by the employer as required by Section 34A-2-201. The court may enjoin the employer without

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    requiring bond from the commission or division.
        (2) If the division has reason to believe that an employer is conducting a business without
    securing the payment of compensation in one of the three ways provided in Section 34A-2-201, the
    division may give the employer five days written notice by registered mail of the noncompliance and
    if the employer within the five days written notice does not remedy the default:
        (a) the commission or the division on behalf of the commission may file suit under
    Subsection (1); and
        (b) the court may, ex parte, issue without bond a temporary injunction restraining the further
    operation of the employer's business.
        Section 105. Section 34A-2-211 (Effective 07/01/97), which is renumbered from Section
    35A-3-204 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-204 (Effective 07/01/97)].     34A-2-211 (Effective 07/01/97). Notice of
     noncompliance to employer -- Enforcement power of division -- Penalty.
        (1) (a) In addition to the remedies specified in Section [35A-3-201] 34A-2-210, if the
    [department] division has reason to believe that an employer [of one or more employees] is
    conducting business without securing the payment of benefits in one of the three ways provided in
    Section [35A-3-201] 34A-2-201, the [department] division may give that employer written notice
    of the noncompliance by certified mail to the last-known address of the employer.
        (b) If the employer does not remedy the default within 15 days after delivery of the notice,
    the [department] division may issue an order requiring the employer to appear before the
    [department] division and show cause why the employer should not be ordered to comply with
    Section [35A-3-201] 34A-2-201.
        (c) If it is found that the employer has failed to provide for the payment of benefits in one
    of the three ways provided in Section [35A-3-201] 34A-3-201, the [department] division may [order]
    require any employer to comply with Section [35A-3-201] 34A-2-201.
        (2) (a) In addition to the remedies specified in Subsection (1) and Section [35A-3-201]
    34A-2-210, the [department] division may impose a penalty against the employer of the greater of:
        (i) $1,000; or

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        (ii) three times the amount of the premium the employer would have paid for workers'
    compensation insurance based on the rate filing of the Workers' Compensation Fund of Utah during
    the period of noncompliance.
        (b) [The] For purposes of Subsection (2)(a)(ii), the premium is calculated by applying rates
    and rate multipliers to the payroll basis under Subsection (2)(c), using the highest rated employee
    class code applicable to the employer's operations.
        (c) The payroll basis for the purpose of calculating the premium penalty shall be 150% of
    the state's average weekly wage multiplied by the highest number of workers employed by the
    employer during the period of the employer's noncompliance multiplied by the number of weeks of
    the employer's noncompliance up to a maximum of 156 weeks.
        (3) The penalty imposed under Subsection (2) shall be deposited in the Uninsured
    Employers' Fund created by Section [35A-3-704] 34A-2-704 and used for the purposes of that fund.
        (4) (a) An employer who disputes the determination, imposition, or amount of a penalty
    imposed under Subsection (3) shall request a hearing before an administrative law judge within [15]
    30 days of the date of issuance of the [order] administrative action imposing the penalty or the
    [order] administrative action becomes a final order of the commission.
        (b) The employer's request for a hearing under Subsection (4)(a) shall specify the facts and
    grounds that are the basis of the employer's objection to the determination, imposition, or amount
    of the penalty.
        (c) An administrative law judge's [order] decision under Subsection (4) may be reviewed
    pursuant to Part 8, Adjudication.
        (5) (a) After a penalty [order] has been issued and becomes a final[,] order of the
    commission the [department] division on behalf of the commission may file an abstract for any
    uncollected penalty in the district court.
        (b) The abstract filed under Subsection (5)(a) shall state:
        (i) the amount of the uncollected penalty[,];
        (ii) reasonable attorneys' fees[,];
        (iii) costs of collection[,]; and

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        (iv) court costs.
        (c) The filed abstract shall have the effect of a judgment of that court.
        (6) Any [order] administrative action issued by the [department] division under this section
    shall:
        (a) be in writing;
        (b) be sent by certified mail to the last-known address of the employer;
        (c) state the findings and [order] administrative action of the [department] division; and
        (d) specify its effective date, which may be immediate or may be at a later date.
        (7) The final order of the [department] commission under this section, upon application by
    the [department] division on behalf of the commission made on or after the effective date of the
    order to a court of general jurisdiction in any county in this state, may be enforced by an order to
    comply entered ex parte and without notice by the court.
        Section 106. Section 34A-2-212 (Effective 07/01/97), which is renumbered from Section
    35A-3-211 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-211 (Effective 07/01/97)].     34A-2-212 (Effective 07/01/97). Docketing awards
     in district court -- Enforcing judgment.
        (1) (a) An abstract of any final order providing an award may be filed under this chapter or
    Chapter 3, Utah Occupational Disease Act, in the office of the clerk of the district court of any
    county in the state[, and must].
        (b) The abstract shall be docketed in the judgment docket of the district court where the
    abstract is filed. The time of the receipt of the abstract shall be noted on the abstract by the clerk of
    the district court and entered in the docket.
        (c) When [so] filed and docketed under Subsections (1)(a) and (b), the [award] order shall
    constitute a lien from the time of [such] the docketing upon the real property of the employer situated
    in the county, for a period of eight years from the date of the [award] order unless [previously] the
    award provided in the final order is satisfied during the eight-year period.
        (d) Execution may be issued on the lien within the same time and in the same manner and
    with the same effect as if said award were a judgment of the district court.

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        (2) [In cases where] (a) If the employer was uninsured at the time of the injury, the county
    attorney for the county in which the applicant or the employer resides, depending on the district in
    which the final [award] order is docketed, shall enforce the judgment when requested by the
    [department] commission or division on behalf of the commission. [Where the]
        (b) In an action to enforce [a judgment is initiated by other counsel,] an order docketed under
    Subsection (1), reasonable attorney's fees and court costs shall be allowed in addition to the award.
        Section 107. Section 34A-2-301 (Effective 07/01/97), which is renumbered from Section
    35A-3-301 (Effective 07/01/97) is renumbered and amended to read:
    
Part 3. Protection of Life, Health, and Safety

         [35A-3-301 (Effective 07/01/97)].     34A-2-301 (Effective 07/01/97). Places of
     employment to be safe -- Willful neglect -- Penalty.
        (1) An employer may not:
        (a) construct, occupy, or maintain any place of employment that is not safe;
        (b) require or knowingly permit any employee to be in any employment or place of
    employment that is not safe;
        (c) fail to provide and use safety devices and safeguards;
        (d) remove, disable, or bypass safety devices and safeguards;
        (e) fail to obey [and follow] orders of the [department] commission;
        (f) fail to obey rules of the commission;
        [(f)] (g) fail to adopt and use methods and processes reasonably adequate to render the
    employment and place of employment safe; or
        [(g)] (h) fail or neglect to do every other thing reasonably necessary to protect the life,
    health, and safety[, and welfare] of the employer's employees.
        (2) [When] Compensation as provided in this Chapter 3, shall be increased 15%, except in
    case of injury resulting in death, when injury is caused by the willful failure of an employer to
    comply with:
        (a) the law [or];
        (b) a rule of the commission;

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        (c) any lawful order of the [department] commission; or
        (d) the employer's own written workplace safety program[, compensation as provided for
    in this chapter shall be increased 15%, except in case of injury resulting in death].
        Section 108. Section 34A-2-302 (Effective 07/01/97), which is renumbered from Section
    35A-3-302 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-302 (Effective 07/01/97)].     34A-2-302 (Effective 07/01/97). Employee's willful
     misconduct -- Penalty.
        (1) An employee may not:
        (a) remove, displace, damage, destroy, or carry away any safety device or safeguard
    provided for use in any employment or place of employment, or interfere in any way with the use
    thereof by any other person;
        (b) interfere with the use of any method or process adopted for the protection of any
    employee in [his] the employer's employment or place of employment; or
        (c) fail or neglect to follow and obey orders and to do every other thing reasonably necessary
    to protect the life, health, and safety[, and welfare] of employees.
        (2) Except in case of injury resulting in death:
        (a) Compensation provided for by this chapter shall be reduced 15% when injury is caused
    by the willful failure of the employee:
        (i) to use safety devices when provided by the employer; or
        (ii) to obey any order or reasonable rule adopted by the employer for the safety of the
    employee.
        (b) Except when the employer permitted, encouraged, or had actual knowledge of the
    conduct described in Subsection (2)(b)(i) through (iii), [no] disability compensation [shall] may not
    be awarded under this chapter or Chapter 3, Utah Occupational Disease Act, to an employee when
    the major contributing cause of the employee's injury is the employee's:
        (i) use of illegal substances;
        (ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
        (iii) intoxication from alcohol with a blood or breath alcohol concentration of.08 grams or

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    greater as shown by a chemical test.
        Section 109. Section 34A-2-401 (Effective 07/01/97), which is renumbered from Section
    35A-3-401 (Effective 07/01/97) is renumbered and amended to read:
    
Part 4. Compensation and Benefits

         [35A-3-401 (Effective 07/01/97)].     34A-2-401 (Effective 07/01/97). Compensation for
     industrial accidents to be paid.
        (1) Each employee described in Section [35A-3-104] 34A-2-104 who is injured and the
    dependents of each such employee who is killed, by accident arising out of and in the course of [his]
    the employee's employment, wherever such injury occurred, if the accident was not purposely
    self-inflicted, shall be paid compensation for loss sustained on account of the injury or death, and
    such amount for medical, nurse, and hospital services and medicines, and, in case of death, such
    amount of funeral expenses, as provided in this chapter.
        (2) The responsibility for compensation and payment of medical, nursing, and hospital
    services and medicines, and funeral expenses provided under this chapter shall be on the employer
    and its insurance carrier and not on the employee.
        Section 110. Section 34A-2-402 (Effective 07/01/97), which is renumbered from Section
    35A-3-402 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-402 (Effective 07/01/97)].     34A-2-402 (Effective 07/01/97). Mental stress claims.
        (1) Physical, mental, or emotional injuries related to mental stress arising out of and in the
    course of employment shall be compensable under this chapter only when there is a sufficient legal
    and medical causal connection between the employee's injury and employment.
        (2) (a) Legal causation requires proof of extraordinary mental stress from a sudden stimulus
    arising predominantly and directly from employment.
        (b) The extraordinary and sudden nature of the alleged mental stress is judged according to
    an objective standard in comparison with contemporary national employment and nonemployment
    life.
        (3) Medical causation requires proof that the physical, mental, or emotional injury was
    medically caused by the mental stress that is the legal cause of the physical, mental, or emotional

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    injury.
        (4) Good faith employer personnel actions including disciplinary actions, work evaluations,
    job transfers, layoffs, demotions, promotions, terminations, or retirements, may not form the basis
    of compensable mental stress claims under this chapter.
        (5) Alleged discrimination, harassment, or unfair labor practices otherwise actionable at law
    may not form the basis of compensable mental stress claims under this chapter.
        (6) An employee who alleges a compensable industrial accident involving mental stress
    bears the burden of proof to establish legal and medical causation by a preponderance of the
    evidence.
        Section 111. Section 34A-2-403 (Effective 07/01/97), which is renumbered from Section
    35A-3-403 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-403 (Effective 07/01/97)].     34A-2-403 (Effective 07/01/97). Dependents --
     Presumption.
        (1) The following persons shall be presumed to be wholly dependent for support upon a
    deceased employee:
        (a) [children] a child under [the age of] 18 years of age, or over if the child is physically or
    mentally incapacitated and dependent upon the parent, with whom [they are] the child is living at
    the time of the death of the parent, or who is legally bound for [their] the child's support; and
        (b) for purposes of payments to be made under Subsection [35A-3-702(2)]
    34A-2-702(5)(a)(i), a surviving spouse [shall be presumed to be wholly dependent upon a spouse]
    with whom the [surviving spouse] deceased employee lived at the time of the employee's death.
        (2) (a) In a case not provided for in Subsection (1), the question of dependency, in whole or
    in part, shall be determined in accordance with the facts in each particular case existing at the time
    of the injury or death of an employee, except for purposes of dependency reviews under Subsection
    [35A-3-702] 34A-2-702(5)(a)[(iii)](iv). [No]
        (b) A person [shall] may not be considered as a dependent unless that person is:
        (i) a member of the family of the deceased employee[, or is];
        (ii) the spouse of the deceased employee[,];

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        (iii) a lineal descendant[,] or ancestor[,] of the deceased employee; or
        (iv) brother or sister of the deceased employee.
        (3) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
        (a) "[Brother] brother or sister" includes a half brother or sister[.]; and
        (b) "[Child] child" includes:
        (i) a posthumous child[, and]; or
        (ii) a child legally adopted prior to the injury.
        Section 112. Section 34A-2-404 (Effective 07/01/97), which is renumbered from Section
    35A-3-404 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-404 (Effective 07/01/97)].     34A-2-404 (Effective 07/01/97). Injuries to minors.
        (1) A minor [shall be deemed] is considered sui juris for the purposes of this chapter and
    Chapter 3, Utah Occupational Disease Act, and no other person shall have any cause of action or
    right to compensation for an injury to the minor employee.
        (2) Notwithstanding Subsection (1), in the event of the award of a lump sum of
    compensation to a minor employee, the sum shall be paid only to the minor's legally appointed
    guardian.
        Section 113. Section 34A-2-405 (Effective 07/01/97), which is renumbered from Section
    35A-3-405 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-405 (Effective 07/01/97)].     34A-2-405 (Effective 07/01/97). Employee injured
     outside state -- Entitled to compensation -- Limitation of time.
        (1) Except as provided in Subsection (2), if an employee who has been hired or is regularly
    employed in this state receives personal injury by accident arising out of and in the course of
    employment outside of this state, [he] the employee, or [his] the employee's dependents in case of
    [his] the employee's death, shall be entitled to compensation according to the law of this state.
        (2) This section applies only to those injuries received by the employee within six months
    after leaving this state, unless prior to the expiration of the six-month period the employer has filed
    with the [department] division notice that [he] the employer has elected to extend such coverage a
    greater period of time.

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        Section 114. Section 34A-2-406 (Effective 07/01/97), which is renumbered from Section
    35A-3-406 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-406 (Effective 07/01/97)].     34A-2-406 (Effective 07/01/97). Exemptions from
     chapter for employees temporarily in state -- Conditions -- Evidence of insurance.
        (1) Any employee who has been hired in another state and [his] the employee's employer
    are exempt from this chapter and Chapter 3, Utah Occupational Disease Act, while the employee
    is temporarily within this state doing work for [his] the employee's employer if:
        (a) the employer has furnished workers' compensation insurance coverage under the workers'
    compensation or similar laws of the other state;
        (b) the coverage covers the employee's employment while in this state; and
        (c) (i) the extraterritorial provisions of this chapter and Chapter 3 are recognized in the other
    state and employers and employees who are covered in this state are likewise exempted from the
    application of the workers' compensation or similar laws of the other state; or
        (ii) the [Workers] Workers' Compensation Fund of Utah:
        (A) is an admitted insurance carrier in the other state; or
        (B) has agreements with [such] a carrier and is able to furnish workers' compensation
    insurance or similar coverage to Utah employers and their subsidiaries or affiliates doing business
    in the other state.
        (2) The benefits under the workers' compensation or similar laws of the other state are the
    exclusive remedy against an employer for any injury, whether resulting in death or not, received by
    an employee while working for the employer in this state.
        (3) A certificate from an authorized officer of the industrial commission or similar
    department of the other state certifying that the employer is insured in the other state and has
    provided extraterritorial coverage insuring [his] the employer's employees while working in this state
    is prima facie evidence that the employer carries compensation insurance.
        Section 115. Section 34A-2-407 (Effective 07/01/97), which is renumbered from Section
    35A-3-407 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-407 (Effective 07/01/97)].     34A-2-407 (Effective 07/01/97). Reporting of

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     industrial injuries -- Regulation of health care providers.
        (1) Any employee sustaining an injury arising out of and in the course of employment shall
    provide notification to the employee's employer promptly of the injury. If the employee is unable
    to provide notification, the employee's next-of-kin or attorney may provide notification of the injury
    to the employee's employer.
        (2) Any employee who fails to notify [his] the employee's employer or the [department]
    division within 180 days of an injury is barred for any claim of benefits arising from the injury.
        (3) [An] The following constitute notification of injury:
        (a) an employer's or physician's injury report filed with the [department] division, employer,
    or insurance carrier; or
        (b) the payment of any medical or disability benefits by the employer or the employer's
    insurance carrier[, constitutes notification of an injury].
        (4) (a) [On forms or by methods] In the form prescribed by the [department] division, each
    employer shall file a report with the [department] division of any:
        (i) work-related fatality; or [any]
        (ii) work-related injury resulting in:
        (A) medical treatment[,];
        (B) loss of consciousness[,];
        (C) loss of work[,];
        (D) restriction of work[,]; or
        (E) transfer to another job.
        (b) The employer shall file the report required by Subsection (4)(a) within seven days after:
        (i) the occurrence of a fatality or injury;
        (ii) the employer's first knowledge of the fatality or injury; or
        (iii) the employee's notification of the fatality or injury.
        [(b)] (c) Each employer shall file a subsequent report with the [department] division of any
    previously reported injury that later resulted in death. The subsequent report shall be filed with the
    [department] division within seven days following:

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        (i) the death; or
        (ii) the employer's first knowledge or notification of the death. [No]
        (d) A report is not required for minor injuries, such as cuts or scratches that require first-aid
    treatment only, unless a treating physician files, or is required to file, the Physician's Initial Report
    of Work Injury or Occupational Disease with the [department] division.
        (5) Each employer shall provide the employee with:
        (a) a copy of the report submitted to the [department. The employer shall also provide the
    employee with] division; and
        (b) a statement, as prepared by the [department] division, of the employee's rights and
    responsibilities related to the industrial injury.
        (6) Each employer shall maintain a record in a manner prescribed by the [department]
    division of all:
        (b) work-related fatalities; or
        (c) work-related injuries resulting in:
        (i) medical treatment[,];
        (ii) loss of consciousness[,];
        (iii) loss of work[,];
        (iv) restriction of work[,]; or
        (v) transfer to another job.
        (7) Any employer who refuses or neglects to make reports, to maintain records, or to file
    reports with the [department] division as required by this section is guilty of a class C misdemeanor
    and subject to citation under Section [35A-6-302] 34A-6-302 and a civil assessment as provided
    under Section [35A-6-307] 34A-6-307, unless the [department] division finds that the employer has
    shown good cause for submitting a report later than required by this section.
        (8) (a) Except as provided in Subsection (8)(c) all physicians, surgeons, and other health
    providers attending injured employees shall:
        (i) comply with all the rules, including the schedule of fees, for their services as adopted by
    the [department] commission; and

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        (ii) make reports to the [department] division at any and all times as required as to the
    condition and treatment of an injured employee or as to any other matter concerning industrial cases
    they are treating.
        (b) A physician, as defined in Subsection [35A-3-117] 34A-2-111(2), who is associated
    with, employed by, or bills through a hospital is subject to Subsection (8)(a).
        (c) A hospital is not subject to the requirements of Subsection (8)(a).
        (d) The [department's] commission's schedule of fees may reasonably differentiate
    remuneration to be paid to providers of health services based on:
        (i) the severity of the employee's condition[,];
        (ii) the nature of the treatment necessary[,]; and
        (iii) the facilities or equipment specially required to deliver that treatment.
        (e) Subsection (8) does not modify contracts with providers of health services relating to the
    pricing of goods and services existing on May 1, 1995.
        (f) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, a physician,
    surgeon, or other health provider may file with the Division of Adjudication an application for
    hearing to appeal a decision or final order to the extent it concerns the fees charged by the physician,
    surgeon, or other health provider in accordance with this section.
        (9) A copy of the physician's initial report shall be furnished to [the department,]:
        (a) the division;
        (b) the employee[,]; and
        (c) the employer or its insurance carrier.
        (10) Any physician, surgeon, or other health provider, excluding any hospital, who refuses
    or neglects to make any report or comply with this section is guilty of a class C misdemeanor for
    each offense, unless the [department] division finds that there is good cause for submitting a late
    report.
        Section 116. Section 34A-2-408 (Effective 07/01/97), which is renumbered from Section
    35A-3-408 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-408 (Effective 07/01/97)].     34A-2-408 (Effective 07/01/97). Compensation --

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     None for first three days after injury unless disability extended.
         (1) (a) Except as provided in [Subsection] Subsections (1)(b) and (2), [no] compensation
    [shall] may not be allowed for the first three days after the injury is received[, except the].
        (b) The disbursements authorized in this chapter or Chapter 3, Utah Occupational Disease
    Act, for medical, nurse and hospital services, and for medicines and funeral expenses are payable
    for the first three days after the injury is received.
        (2) If the period of total temporary disability lasts more than 14 days, compensation shall
    also be payable for the first three days after the injury is received.
        Section 117. Section 34A-2-409 (Effective 07/01/97), which is renumbered from Section
    35A-3-409 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-409 (Effective 07/01/97)].     34A-2-409 (Effective 07/01/97). Average weekly
     wage -- Basis of computation.
        (1) Except as otherwise provided in this chapter or Chapter 3, Utah Occupational Disease
    Act, the average weekly wage of the injured employee at the time of the injury [shall be taken as]
    is the basis upon which to compute the weekly compensation rate and shall be determined as
    follows:
        (a) [If] if at the time of the injury the wages are fixed by the year, the average weekly wage
    shall be that yearly wage divided by 52[.];
        (b) [If] if at the time of the injury the wages are fixed by the month, the average weekly
    wage shall be that monthly wage divided by 4-1/3[.];
        (c) [If] if at the time of the injury the wages are fixed by the week, that amount shall be the
    average weekly wage[.];
        (d) [If] if at the time of the injury the wages are fixed by the day, the weekly wage shall be
    determined by multiplying the daily wage by the greater of:
        (i) the number of days and fraction of days in the week during which the employee under
    a contract of hire was working at the time of the accident, or would have worked if the accident had
    not intervened[. In no case shall the daily wage be multiplied by less than]; or
        (ii) three [for the purpose of determining the weekly wage.] days;

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        (e) [If] if at the time of the injury the wages are fixed by the hour, the average weekly wage
    shall be determined by multiplying the hourly rate by the greater of:
        (i) the number of hours the employee would have worked for the week if the accident had
    not intervened[. In no case shall the hourly wage be multiplied by less than]; or
        (ii) 20 [for the purpose of determining the weekly wage.] hours;
        (f) [If] if at the time of the injury the hourly wage has not been fixed or cannot be
    ascertained, the average weekly wage for the purpose of calculating compensation shall be the usual
    wage for similar services where those services are rendered by paid employees[.];
        (g) (i) [If] if at the time of the injury the wages are fixed by the output of the employee, the
    average weekly wage shall be the wage most favorable to the employee computed by dividing by
    13 the wages, not including overtime or premium pay, of the employee earned through that employer
    in the first, second, third, or fourth period of 13 consecutive calendar weeks in the 52 weeks
    immediately preceding the injury[.]; or
        (ii) [If] if the employee has been employed by that employer less than 13 calendar weeks
    immediately preceding the injury, [his] the employee's average weekly wage shall be computed as
    under Subsection (1)(g)(i), presuming the wages, not including overtime or premium pay, to be the
    amount [he] the employee would have earned had [he] the employee been so employed for the full
    13 calendar weeks immediately preceding the injury and had worked, when work was available to
    other employees, in a similar occupation.
        (2) If none of the methods in Subsection (1) will fairly determine the average weekly wage
    in a particular case, the [department] commission shall use such other method as will, based on the
    facts presented, fairly determine the employee's average weekly wage.
        (3) When the average weekly wage of the injured employee at the time of the injury is
    determined in accordance with this section, it shall be taken as the basis upon which to compute the
    weekly compensation rate. After the weekly compensation [has been] is computed, it shall be
    rounded to the nearest dollar.
        (4) If it is established that the injured employee was of such age and experience when injured
    that under natural conditions [his] the employee's wages would be expected to increase, that fact may

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    be considered in arriving at [his] the employee's average weekly wage.
        Section 118. Section 34A-2-410 (Effective 07/01/97), which is renumbered from Section
    35A-3-410 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-410 (Effective 07/01/97)].     34A-2-410 (Effective 07/01/97). Temporary
     disability -- Amount of payments -- State average weekly wage defined.
        (1) (a) In case of temporary disability, so long as the disability is total, the employee shall
    receive 66-2/3% of that employee's average weekly wages at the time of the injury [so long as the
    disability is total,] but:
        (i) not more than a maximum of 100% of the state average weekly wage at the time of the
    injury per week; and
        (ii) not less than a minimum of $45 per week plus $5 for a dependent spouse and $5 for each
    dependent child under the age of 18 years, up to a maximum of four dependent children, not to
    exceed the average weekly wage of the employee at the time of the injury, but not to exceed 100%
    of the state average weekly wage at the time of the injury per week.
        (b) In no case shall the compensation benefits exceed 312 weeks at the rate of 100% of the
    state average weekly wage at the time of the injury over a period of eight years from the date of the
    injury.
        (2) In the event a light duty medical release is obtained prior to the employee reaching a
    fixed state of recovery, and when no light duty employment is available to the employee from the
    employer, temporary disability benefits shall continue to be paid.
        (3) The "state average weekly wage" as referred to in this chapter and Chapter [3a] 3, Utah
    Occupational Disease Act, shall be determined by the [department] commission as follows:
        (a) On or before June 1 of each year, the total wages reported on contribution reports to the
    Division of [Employment Development] Workforce Information and Payment Services for the
    preceding calendar year shall be divided by the average monthly number of insured workers
    determined by dividing the total insured workers reported for the preceding year by 12.
        (b) The average annual wage obtained under Subsection (3)(a) shall be divided by 52.
        (c) The average weekly wage determined under Subsection (3)(b) is rounded to the nearest

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    dollar.
        (4) The state average weekly wage determined under Subsection (3) shall be used as the
    basis for computing the maximum compensation rate for:
        (a) injuries or disabilities arising from occupational disease that occurred during the
    twelve-month period commencing July 1 following the June 1 determination[,]; and
        (b) any death resulting from the injuries or disabilities arising from occupational disease.
        Section 119. Section 34A-2-411 (Effective 07/01/97), which is renumbered from Section
    35A-3-411 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-411 (Effective 07/01/97)].     34A-2-411 (Effective 07/01/97). Temporary partial
     disability -- Amount of payments.
        (1) If the injury causes temporary partial disability for work, the employee shall receive
    weekly compensation equal to:
        (a) 66-2/3% of the difference between the employee's average weekly wages before the
    accident and the weekly wages the employee is able to earn after the accident, but not more than
    100% of the state average weekly wage at the time of injury; plus
        (b) $5 for a dependent spouse and $5 for each dependent child under the age of 18 years, up
    to a maximum of four such dependent children, but only up to a total weekly compensation that does
    not exceed 100% of the state average weekly wage at the time of injury.
        (2) The [department] commission may [make] order an award for temporary partial disability
    for work at any time prior to eight years after the date of the injury to an employee:
        (a) whose physical condition resulting from the injury is not finally healed and fixed eight
    years after the date of injury; and
        (b) who files an application for hearing under Section [35A-3-417] 34A-2-417.
        (3) The duration of weekly payments may not exceed 312 weeks nor continue more than
    eight years after the date of the injury. Payments shall terminate when the disability ends or the
    injured employee dies.
        Section 120. Section 34A-2-412 (Effective 07/01/97), which is renumbered from Section
    35A-3-412 (Effective 07/01/97) is renumbered and amended to read:

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         [35A-3-412 (Effective 07/01/97)].     34A-2-412 (Effective 07/01/97). Permanent partial
     disability -- Scale of payments.
        (1) An employee who sustained a permanent impairment as a result of an industrial accident
    and who files an application for hearing under Section [35A-3-417] 34A-2-417 may receive a
    permanent partial disability award from the [department] commission.
        (2) Weekly payments may not in any case continue after the disability ends, or the death of
    the injured person.
        (3) (a) In the case of the [following] injuries described in Subsections (4) through (6), the
    compensation shall be 66-2/3% of that employee's average weekly wages at the time of the injury,
    but not more than a maximum of 66-2/3% of the state average weekly wage at the time of the injury
    per week and not less than a minimum of $45 per week plus $5 for a dependent spouse and $5 for
    each dependent child under the age of 18 years, up to a maximum of four dependent children, but
    not to exceed 66-2/3% of the state average weekly wage at the time of the injury per week[, to be].
        (b) The compensation determined under Subsection (3)(a) shall be:
        (i) paid in routine pay periods not to exceed four weeks for the number of weeks [stated
    against such injuries respectively,] provided for in this section; and [shall be]
        (ii) in addition to the compensation provided for temporary total disability and temporary
    partial disability[:].
        (4) For the loss of:    Number of Weeks
        (a) Upper extremity
        (i) Arm
        (A) Arm and shoulder (forequarter amputation)    218
        (B) Arm at shoulder joint, or above deltoid insertion    187
        (C) Arm between deltoid insertion and elbow joint, at elbow joint, or
    below elbow joint proximal to insertion of biceps tendon    178
        (D) Forearm below elbow joint distal to insertion of biceps tendon    168
        (ii) Hand
        (A) At wrist or midcarpal or midmetacarpal amputation    168

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        (B) All fingers except thumb at metacarpophalangeal joints    101
        (iii) Thumb
        (A) At metacarpophalangeal joint or with resection of
     carpometacarpal bone    67
        (B) At interphalangeal joint    50
        (iv) Index finger
        (A) At metacarpophalangeal joint or with resection of metacarpal bone    42
        (B) At proximal interphalangeal joint    34
        (C) At distal interphalangeal joint    18
        (v) Middle finger
        (A) At metacarpophalangeal joint or with resection of metacarpal bone    34
        (B) At proximal interphalangeal joint    27
        (C) At distal interphalangeal joint    15
        (vi) Ring finger
        (A) At metacarpophalangeal joint or with resection of metacarpal bone    17
        (B) At proximal interphalangeal joint    13
        (C) At distal interphalangeal joint    8
        (vii) Little finger
        (A) At metacarpophalangeal joint or with resection of metacarpal bone    8
        (B) At proximal interphalangeal joint    6
        (C) At distal interphalangeal joint    4
        (b) Lower extremity
        (i) Leg
        (A) Hemipelvectomy (leg, hip and pelvis)    156
        (B) Leg at hip joint or three inches or less below tuberosity of ischium    125
        (C) Leg above knee with functional stump, at knee joint or Gritti-Stokes
     amputation or below knee with short stump (three inches or less below
    intercondylar notch)    112

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        (D) Leg below knee with functional stump    88
        (ii) Foot
        (A) Foot at ankle    88
        (B) Foot partial amputation (Chopart's)    66
        (C) Foot midmetatarsal amputation    44
        (iii) Toes
        (A) Great toe
        (I) With resection of metatarsal bone    26
        (II) At metatarsophalangeal joint    16
        (III) At interphalangeal joint    12
        (B) Lesser toe (2nd -- 5th)
        (I) With resection of metatarsal bone    4
        (II) At metatarsophalangeal joint    3
        (III) At proximal interphalangeal joint    2
        (IV) At distal interphalangeal joint    1
        (C) All toes at metatarsophalangeal joints    26
        (iv) Miscellaneous
        (A) One eye by enucleation    120
        (B) Total blindness of one eye    100
        (C) Total loss of binaural hearing    109
        [(c)] (5) Permanent and complete loss of use shall be deemed equivalent to loss of the
    member. Partial loss or partial loss of use shall be a percentage of the complete loss or loss of use
    of the member. This [paragraph, however, shall] Subsection (5) does not apply to the items listed
    in [(3)(b)(iv)] Subsection (4)(b)(iv).
        [(4)] (6) (a) For any permanent impairment caused by an industrial accident that is not
    otherwise provided for in the schedule of losses in this section, permanent partial disability
    compensation shall be awarded by the [department] commission based on the medical evidence.
        (b) Compensation for any [such] impairment described in Subsection (6)(a) shall, as closely

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    as possible, be proportionate to the specific losses in the schedule set forth in this section.
        (c) Permanent partial disability compensation may not [in any case]:
        (i) exceed 312 weeks, which shall be considered the period of compensation for permanent
    total loss of bodily function[. Permanent partial disability compensation may not]; and
        (ii) be paid for any permanent impairment that existed prior to an industrial accident.
        [(5)] (7) The amounts specified in this section are all subject to the limitations as to the
    maximum weekly amount payable as specified in this section, and in no event shall more than a
    maximum of 66-2/3% of the state average weekly wage at the time of the injury for a total of 312
    weeks in compensation be required to be paid.
        Section 121. Section 34A-2-413 (Effective 07/01/97), which is renumbered from Section
    35A-3-413 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-413 (Effective 07/01/97)].     34A-2-413 (Effective 07/01/97). Permanent total
     disability -- Amount of payments -- Rehabilitation.
        (1) (a) In cases of permanent total disability resulting from an industrial accident or
    occupational disease, the employee shall receive compensation as outlined in this section.
        (b) To establish entitlement to permanent total disability compensation, the employee has
    the burden of proof to show by a preponderance of evidence that:
        (i) the employee sustained a significant impairment or combination of impairments as a
    result of the industrial accident or occupational disease that gives rise to the permanent total
    disability entitlement;
        (ii) the employee is permanently totally disabled; and
        (iii) the industrial accident or occupational disease was the direct cause of the employee's
    permanent total disability.
        (c) To find an employee permanently totally disabled, the [department] commission shall
    conclude that:
        (i) the employee is not gainfully employed;
        (ii) the employee has an impairment or combination of impairments that limit the employee's
    ability to do basic work activities;

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        (iii) the industrial or occupationally caused impairment or combination of impairments
    prevent the employee from performing the essential functions of the work activities for which the
    employee has been qualified until the time of the industrial accident or occupational disease that is
    the basis for the employee's permanent total disability claim; and
        (iv) the employee cannot perform other work reasonably available, taking into consideration
    the employee's age, education, past work experience, medical capacity, and residual functional
    capacity.
        (d) Evidence of an employee's entitlement to disability benefits other than those provided
    under this chapter and Chapter 3, Utah Occupational Disease Act, if relevant, may be presented to
    the [department] commission, but is not binding and creates no presumption of an entitlement under
    this chapter and Chapter [3a] 3, Utah Occupational Disease Act.
        (2) For permanent total disability compensation during the initial 312-week entitlement,
    compensation shall be 66-2/3% of the employee's average weekly wage at the time of the injury,
    limited as follows:
        (a) [Compensation] compensation per week may not be more than 85% of the state average
    weekly wage at the time of the injury[.];
        (b) [Compensation] compensation per week may not be less than the sum of $45 per week,
    plus $5 for a dependent spouse, plus $5 for each dependent child under the age of 18 years, up to a
    maximum of four dependent minor children, but not exceeding the maximum established in
    Subsection (2)(a) nor exceeding the average weekly wage of the employee at the time of the
    injury[.]; and
        (c) [After] after the initial 312 weeks, the minimum weekly compensation rate under
    Subsection (2)(b) shall be 36% of the current state average weekly wage, rounded to the nearest
    dollar.
        (3) For claims resulting from an accident or disease arising out of and in the course of the
    employee's employment on or before June 30, 1994:
        (a) The employer or its insurance carrier is liable for the initial 312 weeks of permanent total
    disability compensation except as outlined in Section [35A-3-703] 34A-2-703 as in effect on the date

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    of injury.
        (b) The employer or its insurance carrier may not be required to pay compensation for any
    combination of disabilities of any kind, as provided in this section and Sections [35A-3-410]
    34A-2-410 through [35A-3-412] 34A-2-412 and Sections [35A-3-501] 34A-2-501 through
    [35A-3-507] 34A-2-507 in excess of the amount of compensation payable over the initial 312 weeks
    at the applicable permanent total disability compensation rate under Subsection (2).
        (c) Any overpayment of this compensation shall be reimbursed to the employer or its
    insurance carrier by the Employers' Reinsurance Fund and shall be paid out of the Employers'
    Reinsurance Fund's liability to the employee.
        (d) After an employee has received compensation from [his] the employee's employer, its
    insurance carrier, or the Employers' Reinsurance Fund for any combination of disabilities amounting
    to 312 weeks of compensation at the applicable permanent total disability compensation rate, the
    Employers' Reinsurance Fund shall pay all remaining permanent total disability compensation.
        (e) Employers' Reinsurance Fund payments shall commence immediately after the employer
    or its insurance carrier has satisfied its liability under Subsection (3) or Section [35A-3-703]
    34A-2-703.
        (4) For claims resulting from an accident or disease arising out of and in the course of the
    employee's employment on or after July 1, 1994:
        (a) The employer or its insurance carrier is liable for permanent total disability
    compensation.
        (b) The employer or its insurance carrier may not be required to pay compensation for any
    combination of disabilities of any kind, as provided in this section and Sections [35A-3-410]
    34A-2-410 through [35A-3-412] 34A-2-412 and Sections [35A-3-501] 34A-2-501 through
    [35A-3-507] 34A-2-507, in excess of the amount of compensation payable over the initial 312 weeks
    at the applicable permanent total disability compensation rate under Subsection (2).
        (c) Any overpayment of this compensation shall be recouped by the employer or its
    insurance carrier by reasonably offsetting the overpayment against future liability paid before or after
    the initial 312 weeks.

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        (5) Notwithstanding the minimum rate established in Subsection (2), the compensation
    payable by the employer, its insurance carrier, or the Employers' Reinsurance Fund, after an
    employee has received compensation from the employer or the employer's insurance carrier for any
    combination of disabilities amounting to 312 weeks of compensation at the applicable total disability
    compensation rate, shall be reduced, to the extent allowable by law, by the dollar amount of 50% of
    the Social Security retirement benefits received by the employee during the same period.
        (6) (a) A finding by the [department] commission of permanent total disability is not final,
    unless otherwise agreed to by the parties, until:
         (i) [the department] an administrative law judge reviews a summary of reemployment
    activities undertaken pursuant to Chapter [9, Part 2] 8, Utah Injured Worker Reemployment Act;
        (ii) the employer or its insurance carrier submits to the [department] administrative law
    judge a reemployment plan as prepared by a qualified rehabilitation provider reasonably designed
    to return the employee to gainful employment or the employer or its insurance carrier provides the
    [department] administrative law judge notice that the employer or its insurance carrier will not
    submit a plan; and
        (iii) the [department] administrative law judge, after notice to the parties, holds a hearing,
    unless otherwise stipulated, to consider evidence regarding rehabilitation and to review any
    reemployment plan submitted by the employer or its insurance carrier under Subsection (6)(a)(ii).
        (b) Prior to the finding becoming final, the [department] administrative law judge shall
    order:
        (i) the initiation of permanent total disability compensation payments to provide for the
    employee's subsistence[. The department shall order]; and
        (ii) the payment of any undisputed disability or medical benefits due the employee.
        (c) The employer or its insurance carrier shall be given credit for any disability payments
    made under Subsection (6)(b) against its ultimate disability compensation liability under this chapter
    or Chapter [3a] 3, Utah Occupational Disease Act.
        [(c) The department may not order an] (d) An employer or its insurance carrier may not be
    ordered to submit a reemployment plan. If the employer or its insurance carrier voluntarily submits

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    a plan[:], the plan is subject to Subsections (6)(d)(i) through (iii).
        (i) The plan may include retraining, education, medical and disability compensation benefits,
    job placement services, or incentives calculated to facilitate reemployment funded by the employer
    or its insurance carrier.
        (ii) The plan shall include payment of reasonable disability compensation to provide for the
    employee's subsistence during the rehabilitation process.
        (iii) The employer or its insurance carrier shall diligently pursue the reemployment plan.
    The employer's or insurance carrier's failure to diligently pursue the reemployment plan shall be
    cause for the [department] administrative law judge on [its] the administrative law judge's own
    motion to [order] make a final [finding] decision of permanent total disability.
        [(d)] (e) If a preponderance of the evidence shows that successful rehabilitation is not
    possible, the [department] administrative law judge shall order that the employee be paid weekly
    permanent total disability compensation benefits.
        (7) (a) The period of benefits commences on the date the employee became permanently
    totally disabled, as determined by [the department] a final order of the commission based on the facts
    and evidence, and ends:
        (i) with the death of the employee; or
        (ii) when the employee is capable of returning to regular, steady work.
        (b) An employer or its insurance carrier may provide or locate for a permanently totally
    disabled employee reasonable, medically appropriate, part-time work in a job earning at least
    minimum wage provided that employment may not be required to the extent that it would disqualify
    the employee from Social Security disability benefits.
        (c) An employee shall fully cooperate in the placement and employment process and accept
    the reasonable, medically appropriate, part-time work.
        (d) In a consecutive four-week period when an employee's gross income from the work
    provided under Subsection (7)(b) exceeds $500, the employer or insurance carrier may reduce the
    employee's permanent total disability compensation by 50% of the employee's income in excess of
    $500.

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        (e) If a work opportunity is not provided by the employer or its insurance carrier, a
    permanently totally disabled employee may obtain medically appropriate, part-time work subject
    to the offset provisions contained in Subsection (7)(d).
        (f) (i) The [department] commission shall[: (i)] establish rules regarding the part-time work
    and offset[; and].
        (ii) [adjudicate] The adjudication of disputes arising under Subsection (7) is governed by
    Part 8, Adjudication.
        (g) The employer or its insurance carrier shall have the burden of proof to show that
    medically appropriate part-time work is available.
        (h) The [department] administrative law judge may:
        (i) excuse an employee from participation in any job that would require the employee to
    undertake work exceeding the employee's medical capacity and residual functional capacity or for
    good cause; or
        (ii) allow the employer or its insurance carrier to reduce permanent total disability benefits
    as provided in Subsection (7)(d) when reasonable, medically appropriate, part-time employment has
    been offered but the employee has failed to fully cooperate.
        (8) When an employee has been rehabilitated or the employee's rehabilitation is possible but
    the employee has some loss of bodily function, the award shall be for permanent partial disability.
        (9) As determined by [the department] an administrative law judge, an employee is not
    entitled to disability compensation, unless the employee fully cooperates with any evaluation or
    reemployment plan under this chapter or Chapter 3, Utah Occupational Disease Act. The
    [department] administrative law judge shall dismiss without prejudice the claim for benefits of an
    employee [who] if the administrative law judge finds that the employee fails to fully cooperate,
    unless the [department] administrative law judge states specific findings on the record justifying
    dismissal with prejudice.
        (10) (a) The loss or permanent and complete loss of the use of both hands, both arms, both
    feet, both legs, both eyes, or any combination of two such body members constitutes total and
    permanent disability, to be compensated according to this section.

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        (b) A finding of permanent total disability pursuant to Subsection (10)(a) is final.
        (11) (a) An insurer or self-insured employer may periodically reexamine a permanent total
    disability claim, except those based on Subsection (10), for which the insurer or self-insured
    employer had or has payment responsibility to determine whether the worker remains permanently
    totally disabled.
        (b) Reexamination may be conducted no more than once every three years after an award
    is final, unless good cause is shown by the employer or its insurance carrier to allow more frequent
    reexaminations.
        (c) The reexamination may include:
        (i) the review of medical records;
        (ii) employee submission to reasonable medical evaluations;
        (iii) employee submission to reasonable rehabilitation evaluations and retraining efforts;
        (iv) employee disclosure of Federal Income Tax Returns;
        (v) employee certification of compliance with Section [35A-3-114] 34A-2-110; and
        (vi) employee completion of sworn affidavits or questionnaires approved by the
    [department] division.
        (d) The insurer or self-insured employer shall pay for the cost of a reexamination with
    appropriate employee reimbursement pursuant to rule for reasonable travel allowance and per diem
    as well as reasonable expert witness fees incurred by the employee in supporting the employee's
    claim for permanent total disability benefits at the time of reexamination.
        (e) If an employee fails to fully cooperate in the reasonable reexamination of a permanent
    total disability finding, [the department] an administrative law judge may order the suspension of
    the employee's permanent total disability benefits until the employee cooperates with the
    reexamination.
        (f) (i) Should the reexamination of a permanent total disability finding reveal evidence that
    reasonably raises the issue of an employee's continued entitlement to permanent total disability
    compensation benefits, an insurer or self-insured employer may petition the [department] Division
    of Adjudication for a rehearing on that issue. The petition shall be accompanied by documentation

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    supporting the insurer's or self-insured employer's belief that the employee is no longer permanently
    totally disabled.
        (ii) If the petition under Subsection (11)(f)(i) demonstrates good cause, [the department] as
    determined by the Division of Adjudication, an administrative law judge shall adjudicate the issue
    at a hearing.
        (iii) Evidence of an employee's participation in medically appropriate, part-time work may
    not be the sole basis for termination of an employee's permanent total disability entitlement, but the
    evidence of the employee's participation in medically appropriate, part-time work under Subsection
    (7) may be considered in the reexamination or hearing with other evidence relating to the employee's
    status and condition.
        (g) In accordance with Section [35A-3-805] 34A-1-309, the [department] administrative law
    judge may award reasonable attorneys fees to an attorney retained by an employee to represent the
    employee's interests with respect to reexamination of the permanent total disability finding, except
    if the employee does not prevail, the attorneys fees shall be set at $1,000. The attorneys fees shall
    be paid by the employer or its insurance carrier in addition to the permanent total disability
    compensation benefits due.
        (h) During the period of reexamination or adjudication if the employee fully cooperates, each
    insurer, self-insured employer, or the Employers' Reinsurance Fund shall continue to pay the
    permanent total disability compensation benefits due the employee.
        (12) If any provision of this section, or the application of any provision to any person or
    circumstance, is held invalid, the remainder of this section shall be given effect without the invalid
    provision or application.
        Section 122. Section 34A-2-414 (Effective 07/01/97), which is renumbered from Section
    35A-3-414 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-414 (Effective 07/01/97)].     34A-2-414 (Effective 07/01/97). Benefits in case of
     death -- Distribution of award to dependents -- Death of dependents -- Remarriage of surviving
     spouse.
        (1) (a) The benefits in case of death shall be paid to [such] one or more of the dependents

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    of the decedent for the benefit of all the dependents, as may be determined by [the department,
    which] an administrative law judge.
        (b) The administrative law judge may apportion the benefits among the dependents in [such]
    the manner [as it] that the administrative law judge considers just and equitable.
        (c) Payment to a dependent subsequent in right may be made, if the [department]
    administrative law judge considers it proper, and shall operate to discharge all other claims.
        (2) The dependents, or persons to whom benefits are paid, shall apply the same to the use
    of the several beneficiaries thereof in compliance with the finding and direction of the [department]
    administrative law judge.
        (3) In all cases of death [where] when:
        (a) the dependents are a surviving spouse and one or more minor children, it shall be
    sufficient for the [widow or widower] surviving spouse to make application to the [department]
    Division of Adjudication on behalf of that individual and the minor children; and [in cases where]
        (b) all of the dependents are minors, the application shall be made by the guardian or next
    friend of [such] the minor dependents.
        (4) The [department] administrative law judge may, for the purpose of protecting the rights
    and interests of any minor dependents [it deems] the administrative law judge considers incapable
    of doing so, provide a method of safeguarding any payments due [them] the minor dependents.
        (5) Should any dependent of a deceased employee die during the period covered by [such]
    weekly payments authorized by this section, the right of [such] the deceased dependent to
    compensation under this chapter or Chapter 3, Utah Occupational Disease Act, shall cease.
        (6) [Should] (a) If a surviving spouse, who is a dependent of a deceased employee and who
    is receiving the benefits of this chapter [remarry] or Chapter 3 remarries, that individual's sole right
    after [such] the remarriage[,] to further payments of compensation shall be the right to receive in a
    lump sum the lesser of:
        (i) the balance of the weekly compensation payments unpaid from the time of remarriage
    to the end of six years or 312 weeks from the date of the injury from which death resulted[, but in
    no event shall such amount exceed]; or

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        (ii) an amount equal to 52 weeks of compensation at the weekly compensation rate the
    surviving spouse was receiving at the time of such remarriage.
        (b) (i) If there are other dependents remaining at the time of remarriage, benefits payable
    under this chapter or Chapter 3, Utah Occupational Disease Act, shall be paid to such person as [the
    department] an administrative law judge may determine, for the use and benefit of the other
    dependents[, the].
        (ii) The weekly benefits to be paid under Subsection (6)(b)(i) shall be paid at intervals of not
    less than four weeks.
        Section 123. Section 34A-2-415 (Effective 07/01/97), which is renumbered from Section
    35A-3-415 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-415 (Effective 07/01/97)].     34A-2-415 (Effective 07/01/97). Increase of award
     to children and dependent spouse -- Effect of death, marriage, majority, or termination of
     dependency of children -- Death, divorce, or remarriage of spouse.
        [In all cases where] If an award is made to, or increased because of a dependent spouse or
    dependent minor child or children, as provided in this chapter or Chapter 3, Utah Occupational
    Disease Act, the award or increase in amount of the award shall cease at:
        (1) the death, marriage, attainment of the age of [eighteen] 18 years, or termination of
    dependency of the minor child or children; or
        (2) upon the death, divorce, or remarriage of the spouse of the employee, subject to [those]
    the provisions in Section 34A-3-414 relative to the remarriage of a spouse [as provided in Section
    35A-3-414].
        Section 124. Section 34A-2-416 (Effective 07/01/97), which is renumbered from Section
    35A-3-416 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-416 (Effective 07/01/97)].     34A-2-416 (Effective 07/01/97). Additional benefits
     in special cases.
        [If any wholly dependent persons, who have been receiving the benefits of this chapter,]
        (1) An administrative law judge may extend indefinitely benefits received by a wholly
    dependent person under this chapter or Chapter 3, Utah Occupational Disease Act, if at the

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    termination of [such] the benefits [are yet]:
        (a) the wholly dependent person is still in a dependent condition[,]; and
        (b) under all reasonable circumstances the wholly dependent person should be entitled to
    additional benefits[, the department may, in its discretion, extend indefinitely such benefits; but].
        (2) If benefits are extended under Subsection (1):
        (a) the liability of the employer or insurance carrier involved [shall] may not be extended[,];
    and
        (b) the additional benefits allowed shall be paid out of the [special fund provided for in
    Subsection 35A-3-702(1)] Employers' Reinsurance Fund created in Subsection 34A-2-702(1).
        Section 125. Section 34A-2-417 (Effective 07/01/97), which is renumbered from Section
    35A-3-417 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-417 (Effective 07/01/97)].     34A-2-417 (Effective 07/01/97). Claims and benefits
     -- Time limits for filing.
        (1) Except with respect to prosthetic devices, in nonpermanent total disability cases an
    employee's medical benefit entitlement ceases if for a period of three consecutive years the employee
    does not:
        (a) incur medical expenses reasonably related to the industrial accident[,]; and
        (b) submit [those] the medical expenses incurred to [his] the employee's employer or
    insurance carrier for payment[, for a period of three consecutive years].
        (2) A claim for compensation for temporary total disability benefits, temporary partial
    disability benefits, permanent partial disability benefits, or permanent total disability benefits is
    barred, unless an application for hearing is filed with the [department] Division of Adjudication
    within six years after the date of the accident.
        (3) A claim for death benefits is barred unless an application for hearing is filed within one
    year of the date of death of the employee.
        Section 126. Section 34A-2-418 (Effective 07/01/97), which is renumbered from Section
    35A-3-418 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-418 (Effective 07/01/97)].     34A-2-418 (Effective 07/01/97). Awards -- Medical,

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     nursing, hospital, and burial expenses -- Artificial means and appliances.
        (1) In addition to the compensation provided in this chapter or Chapter 3, Utah Occupational
    Disease Act, the employer or the insurance carrier shall pay reasonable sums for medical, nurse, and
    hospital services, for medicines, and for artificial means, appliances, and prostheses necessary to
    treat the injured employee.
        (2) If death results from the injury, the employer or the insurance carrier shall pay the burial
    expenses in ordinary cases as established by rule.
        (3) If a compensable accident results in the breaking of or loss of an employee's artificial
    means or appliance including eyeglasses, the employer or insurance carrier shall provide a
    replacement of the artificial means or appliance.
        (4) [The department] An administrative law judge may require the employer or insurance
    carrier to maintain the artificial means or appliances or provide the employee with a replacement of
    any artificial means or appliance for the reason of breakage, wear and tear, deterioration, or
    obsolescence.
        (5) [The department] An administrative law judge may, in unusual cases, order, as the
    administrative law judge considers just and proper, the payment of additional sums:
        (a) for burial expenses; or
        (b) to provide for artificial means or appliances [as the department considers just and
    proper].
        Section 127. Section 34A-2-419 (Effective 07/01/97), which is renumbered from Section
    35A-3-419 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-419 (Effective 07/01/97)].     34A-2-419 (Effective 07/01/97). Agreements in
     addition to compensation and benefits.
        (1) (a) Subject to the approval of the [department] division, any employer securing the
    payment of workers' compensation benefits for its employees under Section [35A-3-201] 34A-2-201
    may enter into or continue any agreement with [his] the employer's employees to provide
    compensation or other benefits in addition to the compensation and other benefits provided by this
    chapter or Chapter 3, Utah Occupational Disease Act.

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        (b) An agreement may not be approved if it requires contributions from the employees,
    unless it confers benefits in addition to those provided under this chapter or Chapter 3, Utah
    Occupational Disease Act, at least commensurate with the contributions.
        (c) An agreement for additional benefits may be terminated by the [department, after a
    hearing on reasonable notice to the interested parties,] division if:
        (i) it appears that the agreement is not fairly administered[, or if];
        (ii) its operation discloses defects threatening its solvency[,]; or [if]
        (iii) for any substantial reason it fails to accomplish the purposes of this chapter or Chapter
    3, Utah Occupational Disease Act.
        (d) If the agreement is terminated, the [department] division shall determine the proper
    distribution of any remaining assets.
        (e) The termination under Subsection (1)(c) becomes a final order of the commission
    effective 30 days from the date the division terminates the agreement, unless within the 30 days
    either the employer or employee files an application for hearing with the Division of Adjudication
    in accordance with Part 8, Adjudication. The application for hearing may contest:
        (i) the recommendation to terminate the agreement;
        (ii) the distribution of remaining assets after termination; or
        (iii) both the recommendation to terminate and the distribution of remaining assets.
        (2) (a) Any employer who makes a deduction from the wages or salary of any employee to
    pay for the statutory benefits of this chapter or Chapter 3, Utah Occupational Disease Act, is guilty
    of a class A misdemeanor.
        (b) [However, subject] Subject to the supervision of the [department] division, nothing in
    this chapter or Chapter 3, Utah Occupational Disease Act, may be construed as preventing the
    employer and [his] the employer's employees from entering into mutual contracts and agreements
    respecting hospital benefits and accommodations, medical and surgical services, nursing, and
    medicines to be furnished to the employees as provided in this chapter or Chapter 3, Utah
    Occupational Disease Act, if no direct or indirect profit is made by any employer as a result of the
    contract or agreement.

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        (3) The purpose and intent of this section is that, where hospitals are maintained and medical
    and surgical services and medicines furnished by the employer from payments by, or assessments
    on, [his] the employer's employees, the payments or assessments may not be more or greater than
    necessary to make these benefits self-supporting for the care and treatment of [his] the employer's
    employees. Money received or retained by the employer from the employees for the purpose of
    these benefits shall be paid and applied to these services. Any hospitals so maintained in whole or
    in part by payments or assessment of employees are subject to the inspection and supervision of the
    [department] division as to services and treatment rendered to the employees.
        Section 128. Section 34A-2-420 (Effective 07/01/97), which is renumbered from Section
    35A-3-420 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-420 (Effective 07/01/97)].     34A-2-420 (Effective 07/01/97). Continuing
     jurisdiction of commission -- No authority to change statutes of limitation -- Authority to
     destroy records -- Interest on award -- Authority to approve final settlement claims.
        (1) (a) The powers and jurisdiction of the [department] commission over each case shall be
    continuing. [The department, after]
        (b) After notice and hearing, the Division of Adjudication, commissioner, or Appeals Board
    in accordance with Part 8, Adjudication, may from time to time modify or change [its] a former
    [findings and orders] finding or order of the commission.
        (c) This section may not be interpreted as modifying in any respect the statutes of limitations
    contained in other sections of this chapter or Chapter 3, Utah Occupational Disease Act.
        (d) The commission may not in any respect change the statutes of limitation referred to in
    Subsection (1)(c).
        (2) Records pertaining to cases that have been closed and inactive for ten years, other than
    cases of total permanent disability or cases in which a claim has been filed as in Section [35A-3-417]
    34A-2-417, may be destroyed at the discretion of the [department] commission.
        (3) Awards made by [the department] a final order of the commission shall include interest
    at the rate of 8% per annum from the date when each benefit payment would have otherwise become
    due and payable.

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        [(4) (a) This section may not be interpreted as modifying in any respect the statutes of
    limitations contained in other sections of this chapter or Chapter 3a, Utah Occupational Disease Act.]
        [(b) The department has no power to change the statutes of limitation referred to in
    Subsection (4)(a) in any respect.]
        [(5)] (4) Notwithstanding Subsection (1) and Section [35A-3-108] 34A-2-108, [the
    department] an administrative law judge shall review and may approve the agreement of the parties
    to enter into a full and final:
        (a) compromise settlement of disputed medical, disability, or death benefit entitlements
    under this chapter [and] or Chapter [3a] 3, Utah Occupational Disease Act; or
        (b) commutation and settlement of reasonable future medical, disability, or death benefit
    entitlements under this chapter [and] or Chapter [3a] 3 by means of a lump sum payment, structured
    settlement, or other appropriate payout.
        Section 129. Section 34A-2-421 (Effective 07/01/97), which is renumbered from Section
    35A-3-421 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-421 (Effective 07/01/97)].     34A-2-421 (Effective 07/01/97). Lump-sum
     payments.
        [The department] An administrative law judge, under special circumstances and when the
    same is deemed advisable, may commute [periodical] periodic benefits to one or more lump-sum
    payments.
        Section 130. Section 34A-2-422 (Effective 07/01/97), which is renumbered from Section
    35A-3-422 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-422 (Effective 07/01/97)].     34A-2-422 (Effective 07/01/97). Compensation
     exempt from execution.
        Compensation before payment shall be exempt from all claims of creditors, and from
    attachment or execution, and shall be paid only to employees or their dependents.
        Section 131. Section 34A-2-501 (Effective 07/01/97), which is renumbered from Section
    35A-3-501 (Effective 07/01/97) is renumbered and amended to read:
    
Part 5. Industrial Noise


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         [35A-3-501 (Effective 07/01/97)].     34A-2-501 (Effective 07/01/97). Definitions.
        (1) "Harmful industrial noise" means:
        (a) sound that results in acoustic trauma such as sudden instantaneous temporary noise or
    impulsive or impact noise exceeding 140 dB peak sound pressure levels; or
        (b) the sound emanating from equipment and machines during employment exceeding the
    following permissible sound levels, dBA slow response, and corresponding durations per day, in
    hours:
        Sound level    Duration
            90        8
            92        6
            95        4
            97        3
            100        2
            102        1.5
            105        1.0
            110        0.5
            115        0.25 or less
        [(2) "Harmful industrial noise" also means sound that results in acoustic trauma such as
    sudden instantaneous temporary noise or impulsive or impact noise exceeding 140 dB peak sound
    pressure levels.]
        [(3)] (2) "Loss of hearing" [is defined as] means binaural hearing loss measured in decibels
    with frequencies of 500, 1,000, 2,000, and 3,000 cycles per second (Hertz). If the average decibel
    loss at 500, 1,000, 2,000, and 3,000 cycles per second (Hertz) is 25 decibels or less, usually no
    hearing impairment exists.
        Section 132. Section 34A-2-502 (Effective 07/01/97), which is renumbered from Section
    35A-3-502 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-502 (Effective 07/01/97)].     34A-2-502 (Effective 07/01/97). Intensity tests.
        (1) The [department] commission may conduct tests to determine the intensity of noise at

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    places of employment. [The]
        (2) An administrative law judge may consider [such] tests conducted by the commission,
    and any other tests taken by authorities in the field of sound engineering, as evidence of harmful
    industrial noise.
        Section 133. Section 34A-2-503 (Effective 07/01/97), which is renumbered from Section
    35A-3-503 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-503 (Effective 07/01/97)].     34A-2-503 (Effective 07/01/97). Loss of hearing --
     Occupational hearing loss due to noise to be compensated.
        (1) Permanent hearing loss caused by exposure to harmful industrial noise or by direct head
    injury shall be compensated according to the terms and conditions of this chapter or Chapter 3, Utah
    Occupational Disease Act.
        (2) [No] A claim for compensation for hearing loss for harmful industrial noise [shall] may
    not be paid under this chapter or Chapter 3, Utah Occupational Disease Act, unless it can be
    demonstrated by a professionally controlled sound test that the employee has been exposed to
    harmful industrial noise as defined in Section [35A-3-501] 34A-2-501 while employed by the
    employer against whom the claim is made.
        Section 134. Section 34A-2-504 (Effective 07/01/97), which is renumbered from Section
    35A-3-504 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-504 (Effective 07/01/97)].     34A-2-504 (Effective 07/01/97). Loss of hearing --
     Extent of employer's liability.
        (1) An employer is liable only for the hearing loss of an employee that arises out of and in
    the course of the employee's employment for that employer.
        (2) If previous occupational hearing loss or nonoccupational hearing impairment is
    established by competent evidence, the employer [shall] may not be liable for the prior hearing loss
    so established, whether or not compensation has previously been paid or awarded. The employer
    is liable only for the difference between the percentage of hearing loss presently established and that
    percentage of prior hearing loss established by preemployment audiogram or other competent
    evidence.

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        (3) The date for compensation for occupational hearing loss shall be determined by the date
    of direct head injury or the last date when harmful industrial noise contributed substantially in
    causing the hearing loss.
        Section 135. Section 34A-2-505 (Effective 07/01/97), which is renumbered from Section
    35A-3-505 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-505 (Effective 07/01/97)].     34A-2-505 (Effective 07/01/97). Loss of hearing --
     Compensation for permanent partial disability.
        (1) Compensation for permanent partial disability for binaural hearing loss shall be
    determined by multiplying the percentage of binaural hearing loss by 109 weeks of compensation
    benefits as provided in this chapter or Chapter 3, Utah Occupational Disease Act. [Where]
        (2) When an employee files one or more claims for hearing loss the percentage of hearing
    loss previously found to exist shall be deducted from any subsequent award by the [department]
    commission.
        (3) In no event shall compensation benefits be paid for total or 100% binaural hearing loss
    exceeding 109 weeks of compensation benefits.
        Section 136. Section 34A-2-506 (Effective 07/01/97), which is renumbered from Section
    35A-3-506 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-506 (Effective 07/01/97)].     34A-2-506 (Effective 07/01/97). Loss of hearing --
     Time for filing claim.
        An employee's occupational hearing loss [must] shall be reported to the employer pursuant
    to Section [35A-3-407] 34A-2-407 within 180 days of the date the employee:
        (1) first suffered altered hearing; and
        (2) knew, or in the exercise of reasonable diligence should have known, that the hearing loss
    was caused by employment.
        Section 137. Section 34A-2-507 (Effective 07/01/97), which is renumbered from Section
    35A-3-507 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-507 (Effective 07/01/97)].     34A-2-507 (Effective 07/01/97). Measuring hearing
     loss.

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        (1) The degree of hearing loss shall be established, no sooner than six weeks after
    termination of exposure to the harmful industrial noise, by audiometric determination of hearing
    threshold level performed by medical or paramedical professionals recognized by the [department]
    commission, as measured from 0 decibels on an audiometer calibrated to ANSI-S3.6-1969,
    American National Standard "Specifications for Audiometers" (1969).
        (2) (a) In any evaluation of occupational hearing loss, only hearing levels at frequencies of
    500, 1,000, 2,000, and 3,000 cycles per second (Hertz) shall be considered. The individual
    measurements for each ear shall be added together and then shall be divided by four to determine
    the average decibel loss in each ear.
        (b) To determine the percentage of hearing loss in each ear, the average decibel loss for each
    decibel of loss exceeding 25 decibels shall be multiplied by 1.5% up to the maximum of 100% which
    is reached at 91.7 decibels.
        (3) Binaural hearing loss or the percentage of binaural hearing loss is determined by:
        (a) multiplying the percentage of hearing loss in the better ear by five[, then];
        (b) adding the amount under Subsection (3)(a) with the percentage of hearing loss in the
    poorer ear[,]; and
        (c) dividing the number calculated under Subsection (3)(b) by six. [The resultant figure is
    the percentage of binaural hearing loss.]
        Section 138. Section 34A-2-601 (Effective 07/01/97), which is renumbered from Section
    35A-3-601 (Effective 07/01/97) is renumbered and amended to read:
    
Part 6. Medical Evaluations

         [35A-3-601 (Effective 07/01/97)].     34A-2-601 (Effective 07/01/97). Medical panel --
     Medical director or medical consultants -- Discretionary authority of Division of Adjudication
     to refer case -- Findings and reports -- Objections to report -- Hearing -- Expenses.
        (1) (a) Upon the filing of a claim for compensation for injury by accident, or for death,
    arising out of and in the course of employment, and if the employer or its insurance carrier denies
    liability, the [department] Division of Adjudication may refer the medical aspects of the case to a
    medical panel appointed by [the department] an administrative law judge.

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        (b) When a claim for compensation based upon disability or death due to an occupational
    disease is filed with the [department, the department] Division of Adjudication, an administrative
    law judge shall, except upon stipulation of all parties, appoint an impartial medical panel.
        (c) A medical panel shall consist of one or more physicians specializing in the treatment of
    the disease or condition involved in the claim.
        (d) As an alternative method of obtaining an impartial medical evaluation of the medical
    aspects of a controverted case, the [department] division may employ a medical director or medical
    consultants on a full-time or part-time basis for the purpose of evaluating the medical evidence and
    advising [the department] an administrative law judge with respect to [its] the administrative law
    judge's ultimate fact-finding responsibility.
        (e) If all parties agree to the use of a medical director or medical consultants, [they] the
    medical director or medical consultants shall be allowed to function in the same manner and under
    the same procedures as required of a medical panel.
        (2) (a) The medical panel, medical director, or medical consultants shall make such study,
    take such X-rays, and perform such tests, including post-mortem examinations if authorized by the
    [department] administrative law judge, as it may determine to be necessary or desirable.
        (b) The medical panel, medical director, or medical consultants shall make:
        (i) a report in writing to the [department] administrative law judge in a form prescribed by
    the [department,] Division of Adjudication; and [also make such]
        (ii) additional findings as the [department] administrative law judge may require.
        (c) In occupational disease cases, in addition to the requirements of Subsection (2)(b), the
    panel shall certify to the [department] administrative law judge:
        (i) the extent, if any, of the disability of the claimant from performing work for remuneration
    or profit[, and];
        (ii) whether the sole cause of the disability or death, in the opinion of the panel, results from
    the occupational disease; and
        (iii) whether any other causes have aggravated, prolonged, accelerated, or in any way
    contributed to the disability or death, and if so, the extent in percentage to which the other causes

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    have so contributed.
        [(c)] (d) (i) The [department] administrative law judge shall promptly distribute full copies
    of the report by certified mail with return receipt requested to:
        (A) the applicant[,];
        (B) the employer[, and its]; and
        (C) the employer's insurance carrier [by certified mail with return receipt requested].
        (ii) Within 15 days after the report is deposited in the United States post office, the applicant,
    the employer, or its insurance carrier may file with the [department] administrative law judge written
    objections to the report.
        (iii) If no written objections are filed within that period, the report is considered admitted
    in evidence.
        [(d)] (e) The [department] administrative law judge may base [its] the administrative law
    judge's finding and decision on the report of the panel, medical director, or medical consultants, but
    is not bound by the report if other substantial conflicting evidence in the case supports a contrary
    finding.
        [(e)] (f) (i) If objections to the report are filed, the [department] administrative law judge
    may set the case for hearing to determine the facts and issues involved.
        (ii) At the hearing, any party so desiring may request the [department] administrative law
    judge to have the [chairman] chair of the medical panel, the medical director, or the medical
    consultants present at the hearing for examination and cross-examination.
        (iii) For good cause shown, the [department] administrative law judge may order other
    members of the panel, with or without the [chairman] chair or the medical director or medical
    consultants, to be present at the hearing for examination and cross-examination.
        [(f)] (g) The written report of the panel, medical director, or medical consultants may be
    received as an exhibit at the hearing, but may not be considered as evidence in the case except as far
    as it is sustained by the testimony admitted.
        [(g)] (h) The expenses of the study and report of the medical panel, medical director, or
    medical consultants and the expenses of their appearance before the [department] administrative law

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    judge shall be paid out of the Employers' Reinsurance Fund.
        Section 139. Section 34A-2-602 (Effective 07/01/97), which is renumbered from Section
    35A-3-602 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-602 (Effective 07/01/97)].     34A-2-602 (Effective 07/01/97). Physical
     examinations.
        [Any] (1) The division or an administrative law judge may require an employee claiming
    the right to receive compensation under this chapter [may be required by the department, or its
    medical examiner,] to submit [himself for] to a medical examination at any time, and from time to
    time, at a place reasonably convenient for [such] the employee, and [such] as may be provided by
    the rules of the [department] commission.
        (2) If [such] an employee refuses to submit to [any such] an examination under Subsection
    (1), or obstructs the [same, his] examination, the employee's right to have [his] the employee's claim
    for compensation considered, if [his] the employee's claim is pending before [the department] an
    administrative law judge, commissioner, or Appeals Board, or to receive any payments for
    compensation theretofore granted by a final order of the commission, shall be suspended during the
    period of [such] the refusal or obstruction.
        Section 140. Section 34A-2-603 (Effective 07/01/97), which is renumbered from Section
    35A-3-603 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-603 (Effective 07/01/97)].     34A-2-603 (Effective 07/01/97). Autopsy in death
     cases -- Certified pathologist -- Attending physicians -- Penalty for refusal to permit --
     Liability.
        (1) (a) On the filing of a claim for compensation for death under this chapter [where] or
    Chapter 3, Utah Occupational Disease Act, when, in the opinion of the [executive director or the
    executive director's] commissioner or the commissioner's designee it is necessary to accurately and
    scientifically ascertain the cause of death, an autopsy may be ordered by the [executive director or
    the executive director's] commissioner or the commissioner's designee [and shall be made by a
    person designated by the executive director or the executive director's designee].
        (b) The [executive director or the executive director's] commissioner or the commissioner's

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    designee shall:
        (i) designate the certified pathologist to make the autopsy; and
        (ii) determine who shall pay the charge of the certified pathologist making the autopsy.
        (2) Any person interested may designate a duly licensed physician to attend the autopsy
    ordered under Subsection (1).
        (3) The findings of the certified pathologist performing the autopsy shall be filed with the
    [department and shall be a public record] commission.
        (4) All proceedings for compensation shall be suspended upon refusal of a claimant or
    claimants to permit such autopsy when [so] ordered under Subsection (1).
        (5) When an autopsy has been performed pursuant to an order of the [executive director or
    the executive director's] commissioner or the commissioner's designee no cause of action shall lie
    against any person, firm, or corporation for participating in or requesting the autopsy.
        Section 141. Section 34A-2-604 (Effective 07/01/97), which is renumbered from Section
    35A-3-604 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-604 (Effective 07/01/97)].     34A-2-604 (Effective 07/01/97). Employee leaving
     place of treatment.
        (1) An injured employee who desires to leave the locality in which [he] the employee has
    been employed during the treatment of [his] the employee's injury, or to leave this state, shall:
        (a) report to [his] the employee's attending physician for examination[, notifying the
    department];
        (b) notify the division in writing of [such] the intention to leave[, accompanying such]; and
        (c) accompany the notice with a certificate from the attending physician setting forth:
        (i) the exact nature of the injury[,];
        (ii) the condition of the employee[, together with]; and
        (iii) a statement of the probable length of time disability will continue. [Thereafter, and with
    the written consent of the department, the]
        (2) An employee may leave the locality in which [he] the employee was employed[;
    otherwise no] only after:

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        (a) complying with Subsection (1); and
        (b) receiving the written consent of the division.
        (3) If an employee does not comply with this section, compensation [shall be] may not be
    allowed during [such] the absence.
        Section 142. Section 34A-2-701 (Effective 07/01/97), which is renumbered from Section
    35A-3-701 (Effective 07/01/97) is renumbered and amended to read:
    
Part 7. Funds

         [35A-3-701 (Effective 07/01/97)].     34A-2-701 (Effective 07/01/97). Premium assessment
     restricted account for safety.
        (1) There is created in the General Fund a restricted account known as the Workplace Safety
    Account.
        (2) An amount equal to 0.25% of the premium income remitted to the state treasurer
    pursuant to Subsection 59-9-101(2)(c) shall be deposited in the Workplace Safety Account in the
    General Fund for use by the [department] commission to promote Utah workplace safety.
        (3) Monies shall be appropriated by the Legislature from the restricted account to the
    [department] commission for use by the commission to:
        (a) improve safety consultation services available to Utah employers; or
        (b) provide for electronic or print media advertising campaigns designed to promote
    workplace safety.
        (4) From monies appropriated by the Legislature from the restricted account to the
    [department, the department] commission for use by the commission, the commission may fund
    other safety programs or initiatives recommended to it by its state workers' compensation advisory
    council created under Section [35A-3-107] 34A-2-107.
        (5) The [department] commission shall annually report to the governor, the Legislature, and
    its state council regarding:
        (a) the use of the [funds as well as the resulting impact] monies appropriated under
    Subsection (3) or (4); and
        (b) the use of the monies on the safety of Utah's workplaces.

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        (6) The monies deposited in the restricted account:
        (a) shall be:
         (i) used only for the activities described in Subsection (3) or (4); and
        (ii) expended according to processes that can be verified by audit; and
        (b) may not be used for:
        (i) administrative costs unrelated to the restricted account; or
        (ii) any activity of the commission other than the activities of the commission described in
    Subsection (3) or (4).
        Section 143. Section 34A-2-702 (Effective 07/01/97), which is renumbered from Section
    35A-3-702 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-702 (Effective 07/01/97)].     34A-2-702 (Effective 07/01/97). Employers'
     Reinsurance Fund -- Injury causing death -- Burial expenses -- Payments to dependents.
        (1) (a) There is created an Employers' Reinsurance Fund for the purpose of making payments
    for industrial accidents or occupational diseases occurring on or before June 30, 1994. The payments
    shall be made in accordance with this chapter [and] or Chapter [3a] 3, Utah Occupational Disease
    Act. The Employers' Reinsurance Fund shall have no liability for industrial accidents or
    occupational diseases occurring on or after July 1, 1994. [This fund]
        (b) The Employers' Reinsurance Fund shall succeed to all monies previously held in the
    "Special Fund," the "Combined Injury Fund," or the "Second Injury Fund." [Whenever this code
    refers to the "Special Fund," the "Combined Injury Fund," or the "Second Injury Fund" that
    reference is considered to be the Employers' Reinsurance Fund.]
        (c) The commissioner shall appoint an administrator of the Employers' Reinsurance Fund.
        (d) The state treasurer shall be the custodian of the Employers' Reinsurance Fund, and the
    [department] administrator shall make provisions for and direct its distribution.
        (e) Reasonable costs of [administration] administering the Employers' Reinsurance Fund or
    other fees may be paid from the fund.
        (2) The state treasurer shall:
        (a) receive workers' compensation premium assessments from the State Tax Commission;

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    and
        (b) invest the Employers' Reinsurance Fund to ensure maximum investment return for both
    long and short term investments in accordance with Section 51-7-12.5.
        (3) The [department] administrator may employ [or], retain, or appoint counsel to represent
    the Employers' Reinsurance Fund in proceedings brought to enforce claims against or on behalf of
    the fund. [Upon request of the department,] If requested by the commission, the attorney general
    shall aid in representation of the fund.
        (4) The liability of the state, its departments, agencies, instrumentalities, elected or appointed
    officials, or other duly authorized agents, with respect to payment of any compensation benefits,
    expenses, fees, medical expenses, or disbursement properly chargeable against the Employers'
    Reinsurance Fund, is limited to the cash or assets in the Employers' Reinsurance Fund, and they are
    not otherwise, in any way, liable for the operation, debts, or obligations of the Employers'
    Reinsurance Fund.
        (5) If injury causes death within a period of 312 weeks from the date of the accident, the
    employer or insurance carrier shall pay the burial expenses of the deceased as provided in Section
    [35A-3-418] 34A-2-418, and further benefits in the amounts and to the persons [as follows:] in
    accordance with Subsections (5)(a) through (c).
        (a) (i) If there are wholly dependent persons at the time of the death, the payment by the
    employer or its insurance carrier shall be 66-2/3% of the decedent's average weekly wage at the time
    of the injury, but not more than a maximum of 85% of the state average weekly wage at the time of
    the injury per week and not less than a minimum of $45 per week, plus $5 for a dependent spouse,
    plus $5 for each dependent minor child under the age of 18 years, up to a maximum of four such
    dependent minor children, but not exceeding the average weekly wage of the employee at the time
    of the injury, and not exceeding 85% of the state average weekly wage at the time of the injury per
    week.
        (ii) Compensation shall continue during dependency for the remainder of the period between
    the date of the death and the expiration of 312 weeks after the date of the injury.
        [(ii)] (iii) The payment by the employer or its insurance carrier to wholly dependent persons

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    during dependency following the expiration of the first 312-week period described in Subsection
    (5)(a)(i) shall be an amount equal to the weekly benefits paid to those wholly dependent persons
    during that initial 312-week period, reduced by 50% of any weekly federal Social Security death
    benefits paid to those wholly dependent persons.
        [(iii)] (iv) The issue of dependency shall be subject to review by [the department] an
    administrative law judge at the end of the initial 312-week period and annually after the initial
    312-week period. If in any review it is determined that, under the facts and circumstances existing
    at that time, the applicant is no longer a wholly dependent person, the applicant may be considered
    a partly dependent or nondependent person and shall be paid such benefits as the [department]
    administrative law judge may determine under Subsection (5)(b)[(ii)] (iii).
        [(iv)] (v) For purposes of any dependency determination, a surviving spouse of a deceased
    employee shall be conclusively presumed to be wholly dependent for a 312-week period from the
    date of death of the employee. This presumption shall not apply after the initial 312-week period
    and, in determining the then existing annual income of the surviving spouse, the [department]
    administrative law judge shall exclude 50% of any federal Social Security death benefits received
    by that surviving spouse.
        (b) (i) If there are partly dependent persons at the time of the death, the payment shall be
    66-2/3% of the decedent's average weekly wage at the time of the injury, but not more than a
    maximum of 85% of the state average weekly wage at the time of the injury per week and not less
    than a minimum of $45 per week.
        (ii) Compensation shall continue during dependency for the remainder of the period between
    the date of death and the expiration of 312 weeks after the date of injury as the [department]
    administrative law judge in each case may determine. Compensation may not amount to more than
    a maximum of $30,000.
        (iii) The benefits provided for in this subsection shall be in keeping with the circumstances
    and conditions of dependency existing at the date of injury, and any amount awarded by the
    [department] administrative law judge under this subsection shall be consistent with the general
    provisions of this chapter and Chapter 3, Utah Occupational Disease Act.

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        [(ii)] (iv) Benefits to persons determined to be partly dependent under Subsection (5)(a)[(iii)]
    (v) shall be determined by the [department] administrative law judge in keeping with the
    circumstances and conditions of dependency existing at the time of the dependency review and may
    be paid in an amount not exceeding the maximum weekly rate that partly dependent persons would
    receive if wholly dependent.
        [(iii)] (v) Payments under this section shall be paid to such persons during their dependency
    by the employer or its insurance carrier.
        (c) If there are wholly dependent persons and also partly dependent persons at the time of
    death, the [department] administrative law judge may apportion the benefits as [it] the administrative
    law judge considers just and equitable; provided, that the total benefits awarded to all parties
    concerned do not exceed the maximum provided for by law.
        (6) The Employers' Reinsurance Fund:
        (a) shall be:
         (i) used only in accordance with Subsection (1) for:
        (A) the purpose of making payments for industrial accidents or occupational diseases
    occurring on or before June 30, 1994, in accordance with this section and Section 34A-2-703; and
        (B) payment of:
        (I) reasonable costs of administering the Employers' Reinsurance Fund; or
        (II) fees required to be paid by the Employers' Reinsurance Fund;
        (ii) expended according to processes that can be verified by audit; and
        (b) may not be used for:
        (i) administrative costs unrelated to the fund; or
        (ii) any activity of the commission other than an activity described in Subsection (6)(a).
        Section 144. Section 34A-2-703 (Effective 07/01/97), which is renumbered from Section
    35A-3-703 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-703 (Effective 07/01/97)].     34A-2-703 (Effective 07/01/97). Payments from
     Employers' Reinsurance Fund.
        If an employee, who has at least a 10% whole person permanent impairment from any cause

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    or origin, subsequently incurs an additional impairment by an accident arising out of and in the
    course of the employee's employment during the period of July 1, 1988, to June 30, 1994, inclusive,
    and if the additional impairment results in permanent total disability, the employer or its insurance
    carrier and the Employers' Reinsurance Fund are liable for the payment of benefits as follows:
        (1) The employer or its insurance carrier is liable for the first $20,000 of medical benefits
    and the initial 156 weeks of permanent total disability compensation as provided in this chapter or
    Chapter 3, Utah Occupational Disease Act.
        (2) Reasonable medical benefits in excess of the first $20,000 shall be paid in the first
    instance by the employer or its insurance carrier. Then, as provided in Subsection (5), the Employers'
    Reinsurance Fund shall reimburse the employer or its insurance carrier for 50% of those expenses.
        (3) After the initial 156-week period under Subsection (1), permanent total disability
    compensation payable to an employee under this chapter or Chapter 3, Utah Occupational Disease
    Act, becomes the liability of and shall be paid by the Employers' Reinsurance Fund.
        (4) If it is determined that the employee is permanently and totally disabled, the employer
    or its insurance carrier shall be given credit for all prior payments of temporary total, temporary
    partial, and permanent partial disability compensation made as a result of the industrial accident.
    Any overpayment by the employer or its insurance carrier shall be reimbursed by the Employers'
    Reinsurance Fund under Subsection (5).
        (5) (a) Upon receipt of a duly verified petition, the Employers' Reinsurance Fund shall
    reimburse the employer or its insurance carrier for the Employers' Reinsurance Fund's share of
    medical benefits and compensation paid to or on behalf of an employee. A request for Employers'
    Reinsurance Fund reimbursements shall be accompanied by satisfactory evidence of payment of the
    medical or disability compensation for which the reimbursement is requested. Each request is
    subject to review as to reasonableness by the [department] administrator. The [department]
    administrator may determine the manner of reimbursement.
        (b) A decision of the administrator under Subsection (5)(a) may be appealed in accordance
    with Part 8, Adjudication.
        (6) If, at the time an employee is determined to be permanently and totally disabled, the

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    employee has other actionable workers' compensation claims, the employer or insurance carrier that
    is liable for the last industrial accident resulting in permanent total disability shall be liable for the
    benefits payable by the employer as provided in this section and Section [35A-3-413] 34A-2-413.
    The employee's entitlement to benefits for prior actionable claims shall then be determined
    separately on the facts of those claims. Any previous permanent partial disability arising out of
    those claims shall then be considered to be impairments that may give rise to Employers'
    Reinsurance Fund liability under this section.
        Section 145. Section 34A-2-704 (Effective 07/01/97), which is renumbered from Section
    35A-3-704 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-704 (Effective 07/01/97)].     34A-2-704 (Effective 07/01/97). Uninsured
     Employers' Fund.
        (1) (a) There is created an Uninsured Employers' Fund. The fund has the purpose of
    assisting in the payment of workers' compensation benefits to any person entitled to them, if that
    person's employer:
        (i) is individually, jointly, or severally liable to pay the benefits[, but]; and
        (ii) (A) becomes or is insolvent[,];
        (B) appoints or has appointed a receiver[,]; or
        (C) otherwise does not have sufficient funds, insurance, sureties, or other security to cover
    workers' compensation liabilities.
        (b) The Uninsured Employers' Fund succeeds to all monies previously held in the Default
    Indemnity Fund.
        (c) If it becomes necessary to pay benefits, the fund is liable for all obligations of the
    employer as set forth in this chapter and Chapter [3a] 3, Utah Occupational Disease Act, with the
    exception of penalties on those obligations.
        (2) (a) [Funds] Monies for the Uninsured Employers' Fund shall be [provided under]
    deposited into the fund in accordance with Subsection 59-9-101(2).
        (b) The commissioner shall appoint an administrator of the Uninsured Employers' Fund.
        (c) The state treasurer is the custodian of the Uninsured Employers' Fund, and the

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    [department] administrator shall make provisions for and direct its distribution.
        (3) Reasonable costs of [administration] administering the fund or other fees required to be
    paid by the fund may be paid from the fund.
        (4) The state treasurer shall:
        (a) receive workers' compensation premium assessments from the State Tax Commission;
    and
        (b) invest the Uninsured Employers' Fund to ensure maximum investment return for both
    long and short term investments in accordance with Section 51-7-12.5.
        (5) The [department shall] administrator may employ, retain, or appoint counsel to represent
    the Uninsured Employers' Fund in all proceedings brought to enforce claims against or on behalf of
    the fund. [Upon the request of the department] If requested by the commission, the attorney
    general, city attorney, or county attorney of the locality in which any investigation, hearing, or trial
    under this chapter or Chapter 3, Utah Occupational Disease Act, is pending, or in which the
    employee resides or an employer resides or is doing business, shall aid in the representation of the
    fund.
        (6) To the extent of the compensation and other benefits paid or payable to or on behalf of
    an employee or the employee's dependents from the Uninsured Employers' Fund, the fund, by
    subrogation, has all the rights, powers, and benefits of the employee or the employee's dependents
    against the employer failing to make the compensation payments.
        (7) (a) The receiver, trustee, liquidator, or statutory successor of an insolvent employer is
    bound by settlements of covered claims by the fund.
        (b) The court with jurisdiction shall grant all payments made under this section a priority
    equal to that to which the claimant would have been entitled in the absence of this section against
    the assets of the insolvent employer.
        (c) The expenses of the fund in handling claims shall be accorded the same priority as the
    liquidator's expenses.
        (8) The [department] administrator shall periodically file with the receiver, trustee, or
    liquidator of the insolvent employer or insurance carrier statements of the covered claims paid by

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    the fund and estimates of anticipated claims against the fund which shall preserve the rights of the
    fund for claims against the assets of the insolvent employer.
        (9) When any injury or death for which compensation is payable from the Uninsured
    Employers' Fund has been caused by the wrongful act or neglect of another person not in the same
    employment, the fund has the same rights as allowed under Section [35A-3-106] 34A-2-106.
        (10) The fund, subject to approval of the [department] administrator, shall discharge its
    obligations by:
        (a) adjusting its own claims; or [by]
        (b) contracting with an adjusting company, risk management company, insurance company,
    or other company that has expertise and capabilities in adjusting and paying workers' compensation
    claims.
        (11) (a) For the purpose of maintaining this fund, [the department] an administrative law
    judge, upon rendering a decision with respect to any claim for workers' compensation benefits in
    which an uninsured employer was duly joined as a party, shall:
        (i) order the uninsured employer to reimburse the Uninsured Employers' Fund for all benefits
    paid to or on behalf of an injured employee by the Uninsured Employers' Fund along with interest,
    costs, and attorneys' fees[. The department shall]; and
        (ii) impose a penalty against the uninsured employer of 15% of the value of the total award
    in connection with the claim[, and shall direct that the additional penalty] that shall be paid into the
    Uninsured Employers' Fund.
        (b) Awards may be docketed as other awards under this chapter and Chapter 3, Utah
    Occupational Disease Act.
        (12) The liability of the state, the [department] commission, and the state treasurer, with
    respect to payment of any compensation benefits, expenses, fees, or disbursement properly
    chargeable against the fund, is limited to the assets in the fund, and they are not otherwise in any way
    liable for the making of any payment.
        (13) The [department] commission may make reasonable rules for the processing and
    payment of claims for compensation from the fund.

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        (14) (a) [In the event] If it becomes necessary for the Uninsured Employers' Fund to pay
    benefits under this section to any employee of an insolvent self-insured employer, the Uninsured
    Employers' Fund may assess all other self-insured employers amounts necessary to pay:
        (i) the obligations of the fund subsequent to an insolvency;
        (ii) the expenses of handling covered claims subsequent to an insolvency;
        (iii) the cost of examinations under Subsection (15); and
        (iv) other expenses authorized by this section.
        (b) The assessments of each self-insured employer shall be in the proportion that the manual
    premium of the self-insured employer for the preceding calendar year bears to the manual premium
    of all self-insured employers for the preceding calendar year.
        (c) Each self-insured employer shall be notified of the employer's assessment not later than
    30 days before [it] the assessment is due.
        (d) [No] A self-insured employer may not be assessed in any year an amount greater than
    2% of that self-insured employer's manual premium for the preceding calendar year. If the
    maximum assessment does not provide in any one year an amount sufficient to make all necessary
    payments from the fund for one or more insolvent self-insured employers, the unpaid portion shall
    be paid as soon as funds become available.
        (e) All self-insured employers are liable under this section for a period not to exceed three
    years after the self-insured employer's voluntary or involuntary termination of self-insurance
    privileges within this state.
        (f) This Subsection (14) does not apply to claims made against an insolvent self-insured
    employer if the insolvency occurred prior to July 1, 1986.
        (15) (a) [It is the duty of all] A self-insured [employers to] employer shall notify the
    [department] division of any information indicating that any self-insured employer may be insolvent
    or in a financial condition hazardous to its employees or the public.
        (b) Upon receipt of [that] the notification described in Subsection (15)(a) and with good
    cause appearing, the [department] division may order an examination of that self-insured employer.
    The cost of the examination shall be assessed against all self-insured employers as provided in

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    Subsection (14). The results of the examination shall be kept confidential.
        (16) In any claim against an employer by the Uninsured Employers' Fund, or by or on behalf
    of the employee to whom or to whose dependents compensation and other benefits are paid or
    payable from the fund, the burden of proof is on the employer or other party in interest objecting to
    the claim. The claim is presumed to be valid up to the full amount of workers' compensation
    benefits claimed by the employee or [his] the employee's dependents. This Subsection (16) applies
    whether the claim is filed in court or in an adjudicative proceeding under the authority of the
    [department] commission.
        (17) A partner in a partnership or an owner of a sole proprietorship may not recover
    compensation or other benefits from the Uninsured Employers' Fund if:
        (a) the person is not included as an employee under Subsection [35A-3-104] 34A-2-104 (3);
    or
        (b) the person is included as an employee under Subsection [35A-3-104] 34A-2-104(3), but:
        (i) the person's employer fails to insure or otherwise provide adequate payment of direct
    compensation[, which]; and
        (ii) the failure described in Subsection (17)(b)(i) is attributable to an act or omission over
    which the person had or shared control or responsibility.
        (18) A director or officer of a corporation may not recover compensation or other benefits
    from the Uninsured Employers' Fund if the director or officer is excluded from coverage under
    Subsection [35A-3-104] 34A-2-104(4).
        (19) The Uninsured Employers' Fund:
        (a) shall be:
         (i) used in accordance with this section only for:
        (A) the purpose of assisting in the payment of workers' compensation benefits in accordance
    with Subsection (1); and
        (B) in accordance with Subsection (3), payment of:
        (I) reasonable costs of administering the Uninsured Employers' Fund; or
        (II) fees required to be paid by the Uninsured Employers' Fund;

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        (ii) expended according to processes that can be verified by audit; and
        (b) may not be used for:
        (i) administrative costs unrelated to the fund; or
        (ii) any activity of the commission other than an activity described in Subsection (19)(a).
        Section 146. Section 34A-2-801, which is renumbered from Section 35A-3-803 is
    renumbered and amended to read:
    
Part 8. Adjudication

         [35A-3-803].     34A-2-801. Initiating adjudicative proceedings -- Procedure for
     review of administrative action.
        (1) (a) To contest an action of the employee's employer or its insurance carrier concerning
    a compensable industrial accident or occupational disease alleged by the employee, any of the
    following shall file an application for hearing with the Division of Adjudication:
        (i) the employee; or
        (ii) a representative of the employee, the qualifications of whom are defined in rule by the
    commission.
        (b) To appeal the imposition of a penalty or other administrative act imposed by the division
    on the employer or its insurance carrier for failure to comply with this chapter or Chapter 3, Utah
    Occupational Disease Act, any of the following shall file an application for hearing with the Division
    of Adjudication:
        (i) the employer;
        (ii) the insurance carrier; or
        (iii) a representative of either the employer or the insurance carrier, the qualifications of
    whom are defined in rule by the commission.
        (c) A physician, surgeon, or other health provider may file an application for hearing in
    accordance with Section 34A-2-407.
        (d) An attorney may file an application for hearing in accordance with Section 34A-1-309.
        [(1) An order] (2) Unless a party in interest appeals the decision of an administrative law
    judge in accordance with Subsection (3), the decision of an administrative law judge on an

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    application for hearing filed under Subsection (1) is a final [decision] order of the [department
    unless] commission [within] 30 days after the date [of mailing of notice to the parties' last-known
    addresses or in the absence of a mailing within 30 days after the delivery of notice, further appeal
    is initiated under this section] the decision is issued.
        [(2)] (3) (a) A party in interest may appeal the decision of an administrative law judge [by
    filing a motion for review with the Workforce Appeals Board] by filing a motion for review with
    the Division of Adjudication within 30 days of the date the decision is issued.
        (b) Unless a party in interest to the appeal requests under Subsection (3)(c) that the appeal
    be heard by the Appeals Board, the commissioner shall hear the review.
        (c) A party in interest may request that an appeal be heard by the Appeals Board by filing
    the request with the Division of Adjudication:
        (i) as part of the motion for review; or
        (ii) if requested by a party in interest who did not file a motion for review, within 20 days
    of the date the motion for review is filed with the Division of Adjudication.
        [(3) (a)] (d) A case appealed to the [Workforce] Appeals Board shall be decided by the
    majority vote of the [Workforce] Appeals Board.
        [(b) At the Workforce Appeals Board's request the legal counsel for the department shall
    act as an impartial aid to the panel in outlining the facts and the issues.]
        (4) All records on appeals shall be maintained [in the offices of] by the [department]
    Division of Adjudication. Those records shall include an appeal docket showing the receipt and
    disposition of the appeals on review.
        (5) Upon appeal, the [Workforce] commissioner or Appeals Board [may on the basis of the
    evidence previously submitted in the case, or upon the basis of any additional evidence it requires,
    affirm, modify, or reverse the findings, conclusions, and decision of the administrative law judge]
    shall make its decision in accordance with Section 34A-1-303.
        (6) The [Workforce] commissioner or Appeals Board shall promptly notify the parties to any
    proceedings before it of its decision, including its findings and conclusions.
        (7) The decision of the [Workforce] commissioner or Appeals Board is final unless within

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    30 days after [mailing of notice to the parties' last-known addresses or in the absence of mailing
    within 30 days after the delivery of the notification] the date the decision is issued further appeal is
    initiated under the provisions of this section or Title 63, Chapter 46b, Administrative Procedures
    Act.
        (8) (a) Within 30 days after the [Workforce] date the decision of the commissioner or
    Appeals Board [notifies parties of its decision under Subsection (6)] is issued, any aggrieved party
    may secure judicial review by commencing an action in the court of appeals against the [Workforce]
    commissioner or Appeals Board for the review of the [Work Force Appeal Board's] decision [in
    which action] of the commissioner or Appeals Board.
        (b) In an action filed under Subsection (8)(a):
        (i) any other party to the proceeding before the [Workforce] commissioner or Appeals Board
    shall be made a party; and
        (ii) the commission shall be made a party.
        [(b)] (c) A party claiming to be aggrieved may seek judicial review only if the party has
    exhausted the party's remedies before the [department and the Workforce Appeals Board]
    commission as provided by this section.
        [(c)] (d) At the request of the court of appeals, the [department] commission shall certify and
    file with the court all documents and papers and a transcript of all testimony taken in the matter
    together with the [Workforce Appeals Board findings of fact] decision of the commissioner or
    Appeals Board.
        Section 147. Section 34A-2-802 (Effective 07/01/97), which is renumbered from Section
    35A-3-809 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-809 (Effective 07/01/97)].     34A-2-802 (Effective 07/01/97). Rules of evidence
     and procedure before commission -- Admissible evidence.
         (1) The [department] commission, [its hearing examiner] the commissioner, an
    administrative law judge, or the [Workforce] Appeals Board, is not bound by the usual common law
    or statutory rules of evidence, or by any technical or formal rules or procedure, other than as
    provided in this section or as adopted by the [department] commission pursuant to this chapter and

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    Chapter 3, Utah Occupational Disease Act. The [department] commission may make its investigation
    in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties
    and to carry out justly the spirit of the chapter.
        (2) The [department] commission may receive as evidence and use as proof of any fact in
    dispute all evidence deemed material and relevant including, but not limited to the following:
        (a) depositions and sworn testimony presented in open hearings;
        (b) reports of attending or examining physicians, or of pathologists;
        (c) reports of investigators appointed by the commission;
        (d) reports of employers, including copies of time sheets, book accounts, or other records;
    or
        (e) hospital records in the case of an injured or diseased employee.
        Section 148. Section 34A-2-803 (Effective 07/01/97), which is renumbered from Section
    35A-3-810 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3-810 (Effective 07/01/97)].     34A-2-803 (Effective 07/01/97). Violation of
     judgments, orders, decrees, or provisions of chapter -- Grade of offense.
        (1) [If any] An employer, employee, or other person is guilty of a misdemeanor if that
    employer, employee, or other person violates [any provision of] this chapter[, or does] or Chapter
    3, Utah Occupational Disease Act, including:
        (a) doing any act prohibited by [the] this chapter[, or fails or refuses] or Chapter 3, Utah
    Occupational Disease Act;
        (b) failing or refusing to perform any duty lawfully imposed[, or fails, neglects or refuses]
    under this chapter or Chapter 3, Utah Occupational Disease Act;
        (c) failing, neglecting, or refusing to obey any lawful order given or made by the
    [department] commission, or any judgment or decree made by any court in connection with the
    provisions of this chapter[, the employer, employee, or other person shall be guilty of a
    misdemeanor] or Chapter 3, Utah Occupational Disease Act.
        (2) Every day during which any person [or corporation] fails to observe and comply with
    any order of the [department] commission, or to perform any duty imposed by this chapter or

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    Chapter 3, Utah Occupational Disease Act, shall constitute a separate and distinct offense.
        Section 149. Section 34A-3-101 (Effective 07/01/97), which is renumbered from Section
    35A-3a-101 (Effective 07/01/97) is renumbered and amended to read:
    
CHAPTER 3. UTAH OCCUPATIONAL DISEASE ACT

         [35A-3a-101 (Effective 07/01/97)].     34A-3-101 (Effective 07/01/97). Title --
     Definitions.
        (1) This chapter is known as the "Utah Occupational Disease Act."
        (2) For purposes of this chapter, "division" means the Division of Industrial Accidents.
        Section 150. Section 34A-3-102 (Effective 07/01/97), which is renumbered from Section
    35A-3a-102 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-102 (Effective 07/01/97)].     34A-3-102 (Effective 07/01/97). Chapter to
     be administered by commission -- Exclusive remedy.
        (1) This chapter shall be administered by the [department] commission through the division,
    the Division of Adjudication, and the Appeals Board in accordance with Section 34A-2-112.
        (2) Subject to the limitations provided in this chapter and, unless otherwise noted, all
    provisions of Chapter [3] 2, Workers' Compensation Act, and Chapter [9, Part 2] 8, Utah Injured
    Worker Reemployment Act, are incorporated into this chapter and shall be applied to occupational
    disease claims.
        (3) The right to recover compensation under this chapter for diseases or injuries to health
    sustained by a Utah employee shall be the exclusive remedy as outlined in Section [35A-3-105]
    34A-2-105.
        Section 151. Section 34A-3-103 (Effective 07/01/97), which is renumbered from Section
    35A-3a-103 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-103 (Effective 07/01/97)].     34A-3-103 (Effective 07/01/97). Occupational
     diseases.
        For purposes of this chapter, a compensable occupational disease [is defined as] means any
    disease or illness that arises out of and in the course of employment and is medically caused or
    aggravated by that employment.

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        Section 152. Section 34A-3-104 (Effective 07/01/97), which is renumbered from Section
    35A-3a-104 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-104 (Effective 07/01/97)].     34A-3-104 (Effective 07/01/97). Employer
     liability for compensation.
        (1) Every employer is liable for the payment of disability and medical benefits to every
    employee who becomes disabled, or death benefits to the dependents of any employee who dies, by
    reason of an occupational disease under the terms of this chapter.
        (2) Compensation shall not be paid when the last day of injurious exposure of the employee
    to the hazards of the occupational disease occurred prior to 1941.
        Section 153. Section 34A-3-105 (Effective 07/01/97), which is renumbered from Section
    35A-3a-105 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-105 (Effective 07/01/97)].     34A-3-105 (Effective 07/01/97). Last
     employer liable -- Exception.
        (1) To the extent compensation is payable under this chapter for an occupational disease
    which arises out of and in the course of an employee's employment for more than one employer, the
    only employer liable shall be the employer in whose employment the employee was last injuriously
    exposed to the hazards of the disease if:
        (a) the employee's exposure in the course of employment with that employer was a
    substantial contributing medical cause of the alleged occupational disease; and
        (b) the employee was employed by that employer for at least 12 consecutive months.
        (2) Should the conditions of Subsection (1) not be met, liability for disability, death, and
    medical benefits shall be apportioned between employers based on the involved employers' causal
    contribution to the occupational disease.
        Section 154. Section 34A-3-106 (Effective 07/01/97), which is renumbered from Section
    35A-3a-106 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-106 (Effective 07/01/97)].     34A-3-106 (Effective 07/01/97). Mental stress
     claims.
        (1) Physical, mental, or emotional diseases related to mental stress arising out of and in the

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    course of employment shall be compensable under this chapter only when there is a sufficient legal
    and medical causal connection between the employee's disease and employment.
        (2) (a) Legal causation requires proof of extraordinary mental stress arising predominantly
    and directly from employment.
        (b) The extraordinary nature of the alleged mental stress is judged according to an objective
    standard in comparison with contemporary national employment and nonemployment life.
        (3) Medical causation requires proof that the physical, mental, or emotional disease was
    medically caused by the mental stress that is the legal cause of the physical, mental, or emotional
    disease.
        (4) Good faith employer personnel actions including disciplinary actions, work evaluations,
    job transfers, layoffs, demotions, promotions, terminations, or retirements, may not form the basis
    of compensable mental stress claims under this chapter.
        (5) Alleged discrimination, harassment, or unfair labor practices otherwise actionable at law
    may not form the basis of compensable mental stress claims under this chapter.
        (6) An employee who alleges a compensable occupational disease involving mental stress
    bears the burden of proof to establish legal and medical causation by a preponderance of the
    evidence.
        Section 155. Section 34A-3-107 (Effective 07/01/97), which is renumbered from Section
    35A-3a-107 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-107 (Effective 07/01/97)].     34A-3-107 (Effective 07/01/97). Benefits --
     Disability compensation, death, medical, hospital, and burial expenses -- Procedure and
     payments.
        (1) The benefits to which a disabled employee or [his] the employee's dependents are entitled
    under this chapter shall be based upon the employee's average weekly wage at the time the cause of
    action arises and shall be computed in accordance with and in all ways shall be equivalent to the
    benefits for disability and death provided in Chapter [3] 2.
        (2) The disabled employee is entitled to medical, hospital, and burial expenses equivalent
    to those provided in Chapter [3] 2.

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        (3) The procedure and payment of benefits under this chapter shall be equivalent to and
    consistent with [the] Chapter [3] 2, including Section [35A-3-703] 34A-2-703.
        Section 156. Section 34A-3-108 (Effective 07/01/97), which is renumbered from Section
    35A-3a-108 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-108 (Effective 07/01/97)].     34A-3-108 (Effective 07/01/97). Reporting
     of occupational diseases -- Regulation of health care providers.
        (1) Any employee sustaining an occupational disease, as defined in this chapter, arising out
    of and in the course of employment shall provide notification to the employee's employer promptly
    of the occupational disease. If the employee is unable to provide notification, the employee's
    next-of-kin or attorney may provide notification of the occupational disease to the employee's
    employer.
        (2) (a) Any employee who fails to notify the employee's employer or the [department]
    division within 180 days after the cause of action arises is barred from any claim of benefits arising
    from the occupational disease.
        (b) The cause of action is considered to arise on the date the employee first suffered
    disability from the occupational disease and knew, or in the exercise of reasonable diligence should
    have known, that the occupational disease was caused by employment.
        (3) [An] The following constitute notification of an occupational disease:
        (a) an employer's or physician's injury report filed with the [department,]:
        (i) division;
        (ii) employer[,]; or
        (iii) insurance carrier[,]; or
        (b) the payment of any medical or disability benefits by the employer or the employer's
    insurance carrier[, constitutes notification of an occupational disease].
        (4) (a) [On forms or by methods] In the form prescribed by the [department] division, each
    employer shall file a report with the [department] division of any occupational disease resulting in:
        (i) medical treatment[,];
        (ii) loss of consciousness[,];

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        (iii) loss of work[,];
        (iv) restriction of work[,]; or
        (v) transfer to another job.
        (b) The report required under Subsection (4)(a), shall be filed within seven days after:
        (i) the occurrence of an occupational disease;
        (ii) the employer's first knowledge of the occupational disease; or
        (iii) the employee's notification of the occupational disease.
        [(b)] (c) Each employer shall file a subsequent report with the [department] division of any
    previously reported occupational disease that later resulted in death. The subsequent report shall be
    filed with the [department] division within seven days following:
        (i) the death; or
        (ii) the employer's first knowledge or notification of the death.
        [(c) No] (d) A report is not required for:
        (i) minor injuries that require first-aid treatment only, unless a treating physician files, or is
    required to file, the Physician's Initial Report of Work Injury or Occupational Disease with the
    [department.] division;
        [(d) No report is required for] (ii) occupational diseases that manifest after the employee is
    no longer employed by the employer with which the exposure occurred[,]; or
        (iii) when the employer is not aware of an exposure occasioned by the employment that
    results in an occupational disease as defined by Section [35A-3a-103] 34A-3-103.
        (5) Each employer shall provide the employee with:
        (a) a copy of the report submitted to the [department. The employer shall also provide the
    employee with] division; and
        (b) a statement, as prepared by the [department] division, of the employee's rights and
    responsibilities related to the occupational disease.
        (6) Each employer shall maintain a record in a manner prescribed by the [department]
    division of all occupational diseases resulting in:
        (a) medical treatment[,];

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        (b) loss of consciousness[,];
        (c) loss of work[,];
        (d) restriction of work[,]; or
        (e) transfer to another job.
        (7) Any employer who refuses or neglects to make reports, to maintain records, or to file
    reports with the [department] division as required by this section is guilty of a class C misdemeanor
    and subject to citation under Section [35A-6-302] 34A-6-302 and a civil assessment as provided
    under Section [35A-6-307] 34A-6-307, unless the [department] division finds that the employer has
    shown good cause for submitting a report later than required by this section.
        (8) (a) Except as provided in Subsection (8)(c), all physicians, surgeons, and other health
    providers attending occupationally diseased employees shall:
        (i) comply with all the rules, including the schedule of fees, for their services as adopted by
    the [department] commission; and
        (ii) make reports to the [department] division at any and all times as required as to the
    condition and treatment of an occupationally diseased employee or as to any other matter concerning
    industrial cases they are treating.
        (b) A physician, as defined in Subsection [35A-3-117] 34A-2-111(2), who is associated
    with, employed by, or bills through a hospital is subject to Subsection (8)(a).
        (c) A hospital is not subject to the requirements of Subsection (8)(a).
        (d) The [department's] commission's schedule of fees may reasonably differentiate
    remuneration to be paid to providers of health services based on:
        (i) the severity of the employee's condition[,];
        (ii) the nature of the treatment necessary[,]; and
        (iii) the facilities or equipment specially required to deliver that treatment.
        (e) Subsection (8) does not modify contracts with providers of health services relating to the
    pricing of goods and services existing on May 1, 1995.
        (f) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, a physician,
    surgeon, or other health provider may file an application for hearing with the Division of

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    Adjudication to contest a decision or final order to the extent it concerns the fees charged by the
    physician, surgeon, or other health provider.
        (9) A copy of the physician's initial report shall be furnished to [the department,] the:
        (a) division;
        (b) employee[,]; and [the]
        (c) employer or its insurance carrier.
        (10) Any physician, surgeon, or other health provider, excluding any hospital, who refuses
    or neglects to make any report or comply with this section is guilty of a class C misdemeanor for
    each offense, unless the [department] division finds that there is good cause for submitting a late
    report.
        (11) (a) Applications for a hearing to resolve disputes regarding occupational disease claims
    shall be filed with the [department] Division of Adjudication.
        (b) After the filing, a copy shall be forwarded by mail to:
        (i) the employer or to the employer's insurance carrier[, to];
        (ii) the applicant[,]; and [to]
        (iii) the attorneys for the parties.
        Section 157. Section 34A-3-109 (Effective 07/01/97), which is renumbered from Section
    35A-3a-109 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-109 (Effective 07/01/97)].     34A-3-109 (Effective 07/01/97). Limitations
     -- Rights barred if not filed within limits.
        (1) The limitation of rights regarding medical benefits provided in Subsection [35A-3-417]
    34A-2-417(1) does not apply to compensable occupational diseases under the terms of this chapter.
        (2) A claim for compensation for temporary total disability benefits, temporary partial
    disability benefits, permanent partial disability benefits, or permanent total disability benefits is
    barred, unless an application for hearing is filed with the [department] Division of Adjudication
    within six years after the date the employee's cause of action arose.
        (3) A claim for death benefits is barred unless an application for hearing is filed within one
    year of the date the deceased employee's dependents knew, or in the exercise of reasonable diligence

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    should have known, that the employee's death was caused by an occupational disease. But in no case
    shall the dependents' claim for death benefits be actionable more than six years after the employee's
    cause of action arises.
        Section 158. Section 34A-3-110 (Effective 07/01/97), which is renumbered from Section
    35A-3a-110 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-110 (Effective 07/01/97)].     34A-3-110 (Effective 07/01/97). Occupational
     disease aggravated by other diseases.
        The compensation payable under this chapter shall be reduced and limited to the proportion
    of the compensation that would be payable if the occupational disease were the sole cause of
    disability or death, as the occupational disease as a causative factor bears to all the causes of the
    disability or death when the occupational disease, or any part of the disease:
        (1) is causally related to employment with a non-Utah employer not subject to [department]
    commission jurisdiction;
        (2) is of a character to which the employee may have had substantial exposure outside of
    employment or to which the general public is commonly exposed;
        (3) is aggravated by any other disease or infirmity not itself compensable; or
        (4) when disability or death from any other cause not itself compensable is aggravated,
    prolonged, accelerated, or in any way contributed to by an occupational disease.
        Section 159. Section 34A-3-111 (Effective 07/01/97), which is renumbered from Section
    35A-3a-111 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3a-111 (Effective 07/01/97)].     34A-3-111 (Effective 07/01/97).
     Compensation not additional to that provided for accidents.
        The compensation provided under this chapter is not in addition to compensation that may
    be payable under Chapter [3] 2, and in all cases [where] when injury results by reason of an accident
    arising out of and in the course of employment and compensation is payable for the injury under
    Chapter [3] 2, [no] compensation under this chapter [shall] may not be payable.
        Section 160. Section 34A-3-112 (Effective 07/01/97), which is renumbered from Section
    35A-3a-112 (Effective 07/01/97) is renumbered and amended to read:

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         [35A-3a-112 (Effective 07/01/97)].     34A-3-112 (Effective 07/01/97). Employee's
     willful misconduct.
        (1) Notwithstanding anything contained in this chapter, [no] an employee or dependent of
    any employee [shall be] is not entitled to receive compensation for disability or death from an
    occupational disease when the disability or death, wholly or in part, was caused by the purposeful
    self-exposure of the employee.
        (2) Except in cases resulting in death:
        (a) Compensation provided for in this chapter shall be reduced 15% when the occupational
    disease is caused by the willful failure of the employee:
        (i) to use safety devices when provided by the employer; or
        (ii) to obey any order or reasonable rule adopted by the employer for the safety of the
    employee.
        (b) Except when the employer permitted, encouraged, or had actual knowledge of the
    conduct described in Subsections (2)(b)(i) through (iii), [no] disability compensation [shall] may not
    be awarded under this chapter to an employee when the major contributing cause of the employee's
    disease is the employee's:
        (i) use of illegal substances;
        (ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
        (iii) intoxication from alcohol with a blood or breath alcohol concentration of .08 grams or
    greater as shown by a chemical test.
        Section 161. Section 34A-4-101 (Effective 07/01/97), which is renumbered from Section
    35A-3b-101 (Effective 07/01/97) is renumbered and amended to read:
    
CHAPTER 4. HOSPITAL AND MEDICAL SERVICE FOR DISABLED MINERS

         [35A-3b-101 (Effective 07/01/97)].     34A-4-101 (Effective 07/01/97). Who entitled.
        (1) Certain disabled miners meeting the requirements of Section [35A-3b-102] 34A-4-102
    shall be entitled to, and shall receive, the free hospital and medical service provided for in this
    chapter.
        (2) Notwithstanding Subsection (1), in the event occupational diseases are made

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    compensable under Chapter 2 or 3 [or 3a], no employer or insurance carrier shall be permitted to
    evade payment under Chapter 2 or 3 [or 3a] by compelling a disabled miner to avail himself of the
    benefits provided for in this chapter.
        Section 162. Section 34A-4-102 (Effective 07/01/97), which is renumbered from Section
    35A-3b-102 (Effective 07/01/97) is renumbered and amended to read:
         [35A-3b-102 (Effective 07/01/97)].     34A-4-102 (Effective 07/01/97). Application
     for benefits.
         To be entitled to the free hospital and medical service provided for in Section [35A-3b-101]
    34A-4-101, a disabled miner applying for benefits shall be required to establish under oath the
    following facts, which shall be conditions precedent to the granting of the free service provided for
    in this chapter:
        (1) that he is and has been a resident of this state for a period of two years immediately
    preceding the filing of his application;
        (2) that he has been employed in the mines of this state for a period of at least five years and
    that the disability from which he is suffering and for which he is in need of hospital and medical
    treatment is due to such employment;
        (3) that he is physically incapable of entering remunerative employment and holding a job;
        (4) that his disability is such that hospital and medical attention is necessary; and
        (5) that he is financially unable to secure and pay for hospital and medical service.
        Section 163. Section 34A-5-101 (Effective 07/01/97), which is renumbered from Section
    35A-5-101 (Effective 07/01/97) is renumbered and amended to read:
    
CHAPTER 5. UTAH ANTIDISCRIMINATION ACT

         [35A-5-101 (Effective 07/01/97)].     34A-5-101 (Effective 07/01/97). Title.
        This chapter shall be known as the "Utah Antidiscrimination Act."
        Section 164. Section 34A-5-102 (Effective 07/01/97), which is renumbered from Section
    35A-5-102 (Effective 07/01/97) is renumbered and amended to read:
         [35A-5-102 (Effective 07/01/97)].     34A-5-102 (Effective 07/01/97). Definitions.
        As used in this chapter:

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        (1) "Apprenticeship" means any program for the training of apprentices including[, but not
    limited to, any] a program providing the training of those persons defined as apprentices by Section
    [35A-10-105, whether or not such program is registered and approved by the Apprenticeship Council
    under Section 35A-10-102] 35A-6-1102.
        (2) "Bona fide occupational qualification" means a characteristic applying to an employee
    [which]:
        (a) that is necessary to the operation; or
        (b) is the essence of [his] the employee's employer's business.
        (3) "Court" means the district court in the judicial district of the state in which the asserted
    unfair employment practice occurred, or if this court is not in session at that time, then any judge of
    the court.
        (4) "Director" means the director of the division.
        (5) "Division" means the Division of Antidiscrimination and Labor[, Safety, and Program
    Regulation].
        (6) "Employee" means any person applying with or employed by an employer.
        (7) (a) "Employer" means the state or any political subdivision or board, commission,
    department, institution, school district, trust, or agent thereof, and every other person employing 15
    or more employees within the state for each working day in each of 20 calendar weeks or more in
    the current or preceding calendar year[; but it].
        (b) "Employer" does not include religious organizations or associations, religious
    corporations sole, [nor] or any corporation or association constituting a wholly owned subsidiary or
    agency of any religious organization or association or religious corporation sole.
        (8) "Employment agency" means any person undertaking to procure employees or
    opportunities to work for any other person, or the holding itself out to be equipped to do so.
        (9) "Handicap" means a physical or mental impairment which substantially limits one or
    more of a person's major life activities.
        (10) "Joint apprenticeship committee" means any association of representatives of a labor
    organization and an employer providing, coordinating, or controlling an apprentice training program.

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        (11) "Labor organization" means any organization which exists for the purpose in whole or
    in part of collective bargaining or of dealing with employers concerning grievances, terms or
    conditions of employment, or of other mutual aid or protection in connection with employment.
        (12) "National origin" means the place of birth, domicile, or residence of an individual or
    of an individual's ancestors.
        (13) "On-the-job-training" means any program designed to instruct a person who, while
    learning the particular job for which he is receiving instruction, is also employed at that job, or who
    may be employed by the employer conducting the program during the course of the program, or
    when the program is completed.
        (14) "Person" means one or more individuals, partnerships, associations, corporations, legal
    representatives, trusts or trustees, receivers, the state and all political subdivisions and agencies of
    the state.
        (15) "Presiding officer" means the same as that term is defined in Section 63-46b-2.
        (16) "Prohibited employment practice" means a practice specified as discriminatory, and
    therefore unlawful, in Section [35A-5-106] 34A-5-106.
        (17) "Retaliate" means the taking of adverse action by an employer, employment agency,
    labor organization, apprenticeship program, on-the-job training program, or vocational school
    against one of its employees, applicants, or members because [he] the employee, applicant, or
    member:
        (a) has opposed any employment practice prohibited under this chapter; or [because he has]
        (b) filed charges, testified, assisted, or participated in any way in any proceeding,
    investigation, or hearing under this chapter.
        (18) "Vocational school" means any school or institution conducting a course of instruction,
    training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual,
    technical, industrial, business, commercial, office, personal services, or other nonprofessional
    occupations.
        Section 165. Section 34A-5-103 (Effective 07/01/97), which is renumbered from Section
    35A-5-103 (Effective 07/01/97) is renumbered and amended to read:

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         [35A-5-103 (Effective 07/01/97)].     34A-5-103 (Effective 07/01/97). Jurisdiction of
     commission -- Coordinator of fair employment practices.
        The [department] commission shall have jurisdiction over the subject of employment
    practices and discrimination made unlawful by this chapter. The [executive director] commissioner
    may appoint a coordinator of fair employment practices. A coordinator appointed under this section
    is under the direct supervision and control of the division.
        Section 166. Section 34A-5-104 (Effective 07/01/97), which is renumbered from Section
    35A-5-104 (Effective 07/01/97) is renumbered and amended to read:
         [35A-5-104 (Effective 07/01/97)].     34A-5-104 (Effective 07/01/97). Powers.
        (1) The [department] commission may adopt, publish, amend, and rescind rules, consistent
    with, and for the enforcement of this chapter.
        (2) The division may:
        (a) appoint and prescribe the duties of investigators and other employees and agents that it
    considers necessary for the enforcement of this chapter;
        (b) receive, reject, investigate, and pass upon complaints alleging:
        (i) discrimination in employment, apprenticeship programs, on-the-job training programs,
    and vocational schools[,]; or
        (ii) the existence of a discriminatory or prohibited employment practice by:
        (A) a person[,];
        (B) an employer[,];
        (C) an employment agency[,];
        (D) a labor organization[, or];
        (E) the employees or members of an employment agency or labor organization[,];
        (F) a joint apprenticeship committee[,]; and
        (G) vocational school;
        (c) investigate and study the existence, character, causes, and extent of discrimination in
    employment, apprenticeship programs, on-the-job training programs, and vocational schools in this
    state by employers, employment agencies, labor organizations, joint apprenticeship committees, and

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    vocational schools;
        (d) formulate plans for the elimination of discrimination by educational or other means;
        (e) hold hearings upon complaint made against:
        (i) a person[,];
        (ii) an employer[,];
        (iii) an employment agency[,];
        (iv) a labor organization or the employees or members of an employment agency or labor
    organization[,];
        (v) a joint apprenticeship committee[,]; or
        (vi) a vocational school;
        (f) issue publications and reports of investigations and research that will tend to promote
    good will among the various racial, religious, and ethnic groups of the state, and that will minimize
    or eliminate discrimination in employment because of race, color, sex, religion, national origin, age,
    or handicap;
        (g) prepare and transmit to the governor, at least once each year, reports describing its
    proceedings, investigations, hearings it has conducted and the outcome of those hearings, decisions
    it has rendered, and the other work performed by it;
        (h) recommend policies to the governor, and submit recommendation to employers,
    employment agencies, and labor organizations to implement those policies;
        (i) recommend any legislation concerning discrimination because of race, sex, color, national
    origin, religion, age, or handicap to the governor that it considers necessary; and
        (j) within the limits of any appropriations made for its operation, cooperate with other
    agencies or organizations, both public and private, in the planning and conducting of educational
    programs designed to eliminate discriminatory practices prohibited under this chapter.
        (3) The division shall investigate alleged discriminatory practices involving officers or
    employees of state government if requested to do so by the Career Service Review Board.
        (4) (a) In any hearing held under the authority of this chapter, the division may:
        (i) subpoena witnesses and compel their attendance at the hearing;

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        (ii) administer oaths and take the testimony of any person under oath; and
        (iii) compel any person to produce for examination any books, papers, or other information
    relating to the matters raised by the complaint.
        (b) The division director or a hearing examiner appointed by the division director may
    conduct hearings.
        (c) If a witness fails or refuses to obey a subpoena issued by the division, the division may
    petition the district court to enforce the subpoena.
        (d) (i) [No] A person may not be excused from attending or testifying, or from producing
    records, correspondence, documents, or other evidence in obedience to a subpoena issued by the
    division under the authority of this section on the ground that the evidence or the testimony required
    may tend to incriminate [him] the person or subject [him] the person to any penalty or forfeiture.
        (ii) [No] A person may not be prosecuted or subjected to any penalty or forfeiture for or on
    account of any transaction, matter, or thing concerning which [he] the person shall be compelled to
    testify or produce evidence after having claimed [his] the person's privilege against
    self-incrimination, except that a person testifying is not exempt from prosecution and punishment
    for perjury.
        Section 167. Section 34A-5-105 (Effective 07/01/97), which is renumbered from Section
    35A-5-105 (Effective 07/01/97) is renumbered and amended to read:
         [35A-5-105 (Effective 07/01/97)].     34A-5-105 (Effective 07/01/97). Antidiscrimination
     Advisory Council -- Membership -- Appointment -- Term -- Powers and duties -- Chair.
        (1) There is created an Antidiscrimination Advisory [Committee] Council consisting of [not
    less than 11 nor more than]:
        (a) 15 voting members appointed by the governor as follows:
        [(a) The executive director shall appoint:]
        [(i) one small business representative;]
        [(ii) one employer representative;]
        [(iii) one labor representative; and]
        [(iv) one representative of the Utah State Bar.]

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        [(b) The executive director shall appoint members:]
        (i) [to represent each] five employer representatives;
        (ii) five employee representatives;
        (iii) five representatives of the general public; and
        (b) the commissioner or the commissioner's designee as a nonvoting member of the council.
        (2) In making the appointments under Subsection (1), the governor shall consider
    representation of the following protected classes:
        (a) race[,];
        (b) color[,];
        (c) national origin[,];
        (d) gender[,];
        (e) religion[,];
        (f) age[,]; and
        (g) persons with disabilities[; and].
        [(ii) to ensure equal representation on the board of employers and employees.]
        [(c) (i) The executive director or the executive director's designee shall serve as a nonvoting
    member of the committee.]
        [(ii) Each member of the Workforce Appeals Board shall serve as nonvoting ex officio
    members of the committee.]
        [(2)] (3) The division shall provide any necessary staff support for the [committee] council.
        [(3)] (4) (a) Except as required by Subsection [(3)] (4)(b), as terms of current [committee]
    council members expire, the [executive director] governor shall appoint each new member or
    reappointed member to a four-year term.
        (b) Notwithstanding the requirements of Subsection [(3)] (4)(a), the [executive director]
    governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that
    the terms of [committee] council members are staggered so that approximately half of the
    [committee] council is appointed every two years.
        [(4)] (6) (a) When a vacancy occurs in the membership for any reason, the replacement shall

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    be appointed for the unexpired term.
        (b) The [executive director] governor shall terminate the term of a [committee] council
    member who ceases to be representative as designated by the original appointment.
        [(5)] (7) (a) (i) Members who are not government employees shall receive no compensation
    or benefits for their services, but may receive per diem and expenses incurred in the performance of
    the member's official duties at the rates established by the Division of Finance under Sections
    63A-3-106 and 63A-3-107.
        (ii) Members may decline to receive per diem and expenses for their service.
        (b) (i) State government officer and employee members who do not receive salary, per diem,
    or expenses from their agency for their service may receive per diem and expenses incurred in the
    performance of their official duties from the [committee] council at the rates established by the
    Division of Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) State government officer and employee members may decline to receive per diem and
    expenses for their service.
        [(6)] (8) (a) The advisory [committee] council shall offer advice on issues requested by the
    [department] commission, division, and the Legislature and also make recommendations to the
    [department] commission and division regarding issues of employment discrimination and issues
    related to the administration of this chapter.
        (b) The [committee] council shall confer at least quarterly for the purpose of advising the
    [department] commission, division, and the Legislature regarding issues of employment
    discrimination and issues related to the administration of this chapter.
        [(7)] (9) The [executive director] commissioner or the [executive director's] commissioner's
    designee shall serve as chair. The chair is charged with the responsibility of calling the necessary
    meetings.
        Section 168. Section 34A-5-106 (Effective 07/01/97), which is renumbered from Section
    35A-5-106 (Effective 07/01/97) is renumbered and amended to read:
         [35A-5-106 (Effective 07/01/97)].     34A-5-106 (Effective 07/01/97). Discriminatory or
     unfair employment practices -- Permitted practices.

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        (1) It is a discriminatory or prohibited employment practice:
        (a) (i) for an employer to refuse to hire, or promote, or to discharge, demote, terminate any
    person, or to retaliate against, harass, or discriminate in matters of compensation or in terms,
    privileges, and conditions of employment against any person otherwise qualified, because of race,
    color, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years
    of age or older, religion, national origin, or handicap. No applicant nor candidate for any job or
    position may be considered "otherwise qualified," unless he possesses the education, training, ability,
    moral character, integrity, disposition to work, adherence to reasonable rules and regulations, and
    other job related qualifications required by an employer for any particular job, job classification, or
    position to be filled or created;
        (ii) as used in this chapter, "to discriminate in matters of compensation" means the payment
    of differing wages or salaries to employees having substantially equal experience, responsibilities,
    and skill for the particular job. However, nothing in this chapter prevents increases in pay as a result
    of longevity with the employer, if the salary increases are uniformly applied and available to all
    employees on a substantially proportional basis. Nothing in this section prohibits an employer and
    employee from agreeing to a rate of pay or work schedule designed to protect the employee from
    loss of Social Security payment or benefits if the employee is eligible for those payments;
        (b) for an employment agency:
        (i) to refuse to list and properly classify for employment, or to refuse to refer an individual
    for employment, in a known available job for which the individual is otherwise qualified, because
    of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, religion, national origin,
    age, if the individual is 40 years of age or older, or handicap;
        (ii) to comply with a request from an employer for referral of applicants for employment if
    the request indicates either directly or indirectly that the employer discriminates in employment on
    account of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, religion, national
    origin, age, if the individual is 40 years of age or older, or handicap;
        (c) for a labor organization to exclude any individual otherwise qualified from full
    membership rights in the labor organization, or to expel the individual from membership in the labor

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    organization, or to otherwise discriminate against or harass any of its members in full employment
    of work opportunity, or representation, because of race, sex, pregnancy, childbirth, or
    pregnancy-related conditions, religion, national origin, age, if the individual is 40 years of age or
    older, or handicap;
        (d) for any employer, employment agency, or labor organization to print, or circulate, or
    cause to be printed or circulated, any statement, advertisement, or publication, or to use any form
    of application for employment or membership, or to make any inquiry in connection with
    prospective employment or membership, which expresses, either directly or indirectly, any
    limitation, specification, or discrimination as to race, color, religion, sex, pregnancy, childbirth, or
    pregnancy-related conditions, national origin, age, if the individual is 40 years of age or older, or
    handicap or intent to make any such limitation, specification, or discrimination; unless based upon
    a bona fide occupational qualification, or required by, and given to, an agency of government for
    security reasons;
        (e) for any person, whether or not an employer, an employment agency, a labor organization,
    or the employees or members thereof, to aid, incite, compel, or coerce the doing of an act defined
    in this section to be a discriminatory or prohibited employment practice; or to obstruct or prevent
    any person from complying with this chapter, or any order issued under it; or to attempt, either
    directly or indirectly, to commit any act prohibited in this section;
        (f) for any employer, labor organization, joint apprenticeship committee, or vocational
    school, providing, coordinating, or controlling apprenticeship programs, or providing, coordinating,
    or controlling on-the-job-training programs, instruction, training, or retraining programs:
        (i) to deny to, or withhold from, any qualified person, because of race, color, sex, pregnancy,
    childbirth, or pregnancy-related conditions, religion, national origin, age, if the individual is 40 years
    of age or older, or handicap the right to be admitted to, or participate in any apprenticeship training
    program, on-the-job-training program, or other occupational instruction, training or retraining
    program;
        (ii) to discriminate against or harass any qualified person in that person's pursuit of such
    programs, or to discriminate against such a person in the terms, conditions, or privileges of such

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    programs, because of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions,
    religion, national origin, age, if the individual is 40 years of age or older, or handicap; or
        (iii) to print, or publish, or cause to be printed or published, any notice or advertisement
    relating to employment by the employer, or membership in or any classification or referral for
    employment by a labor organization, or relating to any classification or referral for employment by
    an employment agency, indicating any preference, limitation, specification, or discrimination based
    on race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, religion, national origin,
    age, if the individual is 40 years of age or older, or handicap except that a notice or advertisement
    may indicate a preference, limitation, specification, or discrimination based on race, color, religion,
    sex, pregnancy, childbirth, or pregnancy-related conditions, age, national origin, or handicap when
    religion, race, color, sex, age, national origin, or handicap is a bona fide occupational qualification
    for employment.
        (2) Nothing contained in Subsections (1)(a) through (1)(f) shall be construed to prevent the
    termination of employment of an individual who is physically, mentally, or emotionally unable to
    perform the duties required by that individual's employment, or to preclude the variance of insurance
    premiums, of coverage on account of age, or affect any restriction upon the activities of individuals
    licensed by the liquor authority with respect to persons under 21 years of age.
        (3) (a) It is not a discriminatory or prohibited employment practice:
        (i) for an employer to hire and employ employees, for an employment agency to classify or
    refer for employment any individual, for a labor organization to classify its membership or to
    classify or refer for employment any individual or for an employer, labor organization, or joint
    labor-management committee controlling apprenticeship or other training or retraining programs to
    admit or employ any individual in any such program, on the basis of religion, sex, pregnancy,
    childbirth, or pregnancy-related conditions, age, national origin, or handicap in those certain
    instances where religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the
    individual is 40 years of age or older, national origin, or handicap is a bona fide occupational
    qualification reasonably necessary to the normal operation of that particular business or enterprise;
        (ii) for a school, college, university, or other educational institution to hire and employ

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    employees of a particular religion if the school, college, university, or other educational institution
    is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religious
    corporation, association, or society, or if the curriculum of the school, college, university, or other
    educational institution is directed toward the propagation of a particular religion;
        (iii) for an employer to give preference in employment to his own spouse, son, son-in-law,
    daughter, daughter-in-law, or to any person for whom the employer is or would be liable to furnish
    financial support if those persons were unemployed; or for an employer to give preference in
    employment to any person to whom the employer during the preceding six months has furnished
    more than one-half of total financial support regardless of whether or not the employer was or is
    legally obligated to furnish support; or for an employer to give preference in employment to any
    person whose education or training was substantially financed by the employer for a period of two
    years or more.
        (b) Nothing contained in this chapter applies to any business or enterprise on or near an
    Indian reservation with respect to any publicly announced employment practice of the business or
    enterprise under which preferential treatment is given to any individual because he is a native
    American Indian living on or near an Indian reservation.
        (c) Nothing contained in this chapter shall be interpreted to require any employer,
    employment agency, labor organization, vocational school, joint labor-management committee, or
    apprenticeship program subject to this chapter to grant preferential treatment to any individual or to
    any group because of the race, color, religion, sex, age, national origin, or handicap of the individual
    or group on account of an imbalance which may exist with respect to the total number or percentage
    of persons of any race, color, religion, sex, age, national origin, or handicap employed by any
    employer, referred or classified for employment by an employment agency or labor organization,
    admitted to membership or classified by any labor organization, or admitted to or employed in, any
    apprenticeship or other training program, in comparison with the total number or percentage of
    persons of that race, color, religion, sex, age, national origin, or handicap in any community or
    county or in the available work force in any community or county.
        (4) It is not a discriminatory or prohibited practice with respect to age to observe the terms

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    of a bona fide seniority system or any bona fide employment benefit plan such as a retirement,
    pension, or insurance plan which is not a subterfuge to evade the purposes of this chapter except that
    no such employee benefit plan shall excuse the failure to hire any individual.
        (5) Notwithstanding Subsection (4), or any other statutory provision to the contrary, other
    than Subsection (6) and Section 67-5-8, and except where age is a bona fide occupational
    qualification, no person shall be subject to involuntary termination or retirement from employment
    on the basis of age alone, if the individual is 40 years of age or older.
        (6) Nothing in this section prohibits compulsory retirement of an employee who has attained
    at least 65 years of age, and who, for the two-year period immediately before retirement, is employed
    in a bona fide executive or a high policymaking position, if that employee is entitled to an immediate
    nonforfeitable annual retirement benefit from his employer's pension, profit-sharing, savings, or
    deferred compensation plan, or any combination of those plans, which benefit equals, in the
    aggregate, at least $44,000.
        Section 169. Section 34A-5-107 (Effective 07/01/97), which is renumbered from Section
    35A-5-107 (Effective 07/01/97) is renumbered and amended to read:
         [35A-5-107 (Effective 07/01/97)].     34A-5-107 (Effective 07/01/97). Procedure for
     aggrieved person to file claim -- Investigations -- Adjudicative proceedings -- Settlement --
     Reconsideration -- Determination.
        (1) (a) Any person claiming to be aggrieved by a discriminatory or prohibited employment
    practice may [by himself], [his] or that person's attorney[,] or [his] agent may, make, sign, and file
    with the division a request for agency action.
        (b) Every request for agency action shall be verified under oath or affirmation.
        (c) A request for agency action made under this section shall be filed within 180 days after
    the alleged discriminatory or prohibited employment practice occurred.
        (2) Any employer, labor organization, joint apprenticeship committee, or vocational school
    who has employees or members who refuse or threaten to refuse to comply with this chapter may
    file with the division a request for agency action asking the division for assistance to obtain their
    compliance by conciliation or other remedial action.

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        (3) (a) Before a hearing is set or held as part of any adjudicative proceeding, the division
    shall promptly assign an investigator to attempt a settlement between the parties by conference,
    conciliation, or persuasion.
        (b) If no settlement is reached, the investigator shall make a prompt impartial investigation
    of all allegations made in the request for agency action.
        (c) The division and its staff, agents, and employees shall conduct every investigation in
    fairness to all parties and agencies involved, and may not attempt a settlement between the parties
    if it is clear that no discriminatory or prohibited employment practice has occurred.
        (d) [If the] An aggrieved party [wishes to] may withdraw the request for agency action[, he
    must do so] prior to the issuance of a final order.
        (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator uncovers
    insufficient evidence during [his] the investigation to support the allegations of a discriminatory or
    prohibited employment practice set out in the request for agency action, the investigator shall
    formally report these findings to the director or the director's designee.
        (b) Upon receipt of the investigator's report, the director or the director's designee may issue
    a determination and order for dismissal of the adjudicative proceeding.
        (c) A party may make a written request to the Division of Adjudication for an evidentiary
    hearing to review de novo the director's or the director's designee's determination and order within
    30 days of the date of the determination and order for dismissal.
        (d) If the director or the director's designee receives no timely request for a hearing, the
    determination and order issued by the director or the director's designee becomes the final order of
    the [department] commission.
        (5) (a) If the initial attempts at settlement are unsuccessful and the investigator uncovers
    sufficient evidence during [his] the investigation to support the allegations of a discriminatory or
    prohibited employment practice set out in the request for agency action, the investigator shall
    formally report these findings to the director or the director's designee.
        (b) Upon receipt of the investigator's report the director or the director's designee may issue
    a determination and order based on the investigator's report.

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        (c) A party may file a written request to the Division of Adjudication for an evidentiary
    hearing to review de novo the director's or the director's designee's determination and order within
    30 days of the date of the determination and order.
        (d) If the director or the director's designee receives no timely request for a hearing, the
    determination and order issued by the director or the director's designee requiring the respondent to
    cease any discriminatory or prohibited employment practice and to provide relief to the aggrieved
    party becomes the final order of the [department] commission.
        (6) In any adjudicative proceeding to review the director's or the director's designee's
    determination that a prohibited employment practice has occurred, the division shall present the
    factual and legal basis of its determination.
        (7) Prior to commencement of an evidentiary hearing, the party filing the request for agency
    action may reasonably and fairly amend any allegation, and the respondent may amend its answer.
    Those amendments may be made during or after a hearing but only with permission of the presiding
    officer.
        (8) (a) If, upon all the evidence at a hearing, the presiding officer finds that a respondent has
    not engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue
    an order dismissing the request for agency action containing the allegation of a discriminatory or
    prohibited employment practice.
        (b) The presiding officer may order that the respondent be reimbursed by the complaining
    party for [his] the respondent's attorneys' fees and costs.
        (9) If upon all the evidence at the hearing, the presiding officer finds that a respondent has
    engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an
    order requiring the respondent to cease any discriminatory or prohibited employment practice and
    to provide relief to the complaining party, including reinstatement, back pay and benefits, and
    attorneys' fees and costs.
        (10) Conciliation between the parties is to be urged and facilitated at all stages of the
    adjudicative process.
        (11) (a) Either party may file with the Division of Adjudication a written request for review

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    before the commissioner or Appeals Board of the order issued by the presiding officer in accordance
    with Section 63-46b-12 and Chapter 1, Part 3, Adjudicative Proceedings.
        (b) If there is no timely request for review the order issued by the presiding officer becomes
    the final order of the [department] commission.
        (12) An order of the [department] commission under Subsection (11)(a) is subject to judicial
    review as provided in Section 63-46b-16 and Chapter 1, Part 3, Adjudicative Proceedings.
        (13) The [department] commission shall have authority to make rules concerning procedures
    under this chapter in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
        (14) The [department] commission and its staff may not divulge or make public any
    information gained from any investigation, settlement negotiation, or proceeding before the
    [department] commission except [in the following:] as provided in Subsections (14)(a) through (d).
        (a) Information used by the director or the director's designee in making any determination
    may be provided to all interested parties for the purpose of preparation for and participation in
    proceedings before the [department] commission.
        (b) General statistical information may be disclosed provided the identities of the individuals
    or parties are not disclosed.
        (c) Information may be disclosed for inspection by the attorney general or other legal
    representatives of the state or [department] commission.
        (d) Information may be disclosed for information and reporting requirements of the federal
    government.
        (15) The procedures contained in this section are the exclusive remedy under state law for
    employment discrimination based upon race, color, sex, retaliation, pregnancy, childbirth, or
    pregnancy-related conditions, age, religion, national origin, or handicap.
        (16) The commencement of an action under federal law for relief based upon any act
    prohibited by this chapter bars the commencement or continuation of any adjudicative proceeding
    before the [department] commission in connection with the same claims under this chapter. Nothing
    in this subsection is intended to alter, amend, modify, or impair the exclusive remedy provision set
    forth in Subsection (15).

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        Section 170. Section 34A-5-108 (Effective 07/01/97), which is renumbered from Section
    35A-5-108 (Effective 07/01/97) is renumbered and amended to read:
         [35A-5-108 (Effective 07/01/97)].     34A-5-108 (Effective 07/01/97). Judicial
     enforcement of division findings.
        (1) The [department] commission or the attorney general at the request of the [department]
    commission shall commence an action under Section 63-46b-19 for civil enforcement of a final order
    of the [department] commission issued under Subsection [35A-5-107] 34A-5-107(12) if:
        (a) the order finds that there is reasonable cause to believe that a respondent has engaged or
    is engaging in discriminatory or prohibited employment practices made unlawful by this chapter;
        (b) counsel to the [department] commission or the attorney general determines after
    reasonable inquiry that the order is well grounded in fact and is warranted by existing law;
        (c) the respondent has not received an order of automatic stay or discharge from the United
    States Bankruptcy Court; and
        (d) (i) the [department] commission has not accepted a conciliation agreement to which the
    aggrieved party and respondent are parties; or
        (ii) the respondent has not conciliated or complied with the final order of the [department]
    commission within 30 days from the date the order is issued.
        (2) If the respondent seeks judicial review of the final order under Section 63-46b-16,
    pursuant to Section 63-46b-18 the [department] commission may stay seeking civil enforcement
    pending the completion of the judicial review.
        Section 171. Section 34A-6-101 (Effective 07/01/97), which is renumbered from Section
    35A-6-101 (Effective 07/01/97) is renumbered and amended to read:
    
CHAPTER 6. UTAH OCCUPATIONAL SAFETY AND HEALTH ACT

    
Part 1. General Provisions

         [35A-6-101 (Effective 07/01/97)].     34A-6-101 (Effective 07/01/97). Title.
        This chapter is known as the "Utah Occupational Safety and Health Act."
        Section 172. Section 34A-6-102 (Effective 07/01/97), which is renumbered from Section
    35A-6-102 (Effective 07/01/97) is renumbered and amended to read:

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         [35A-6-102 (Effective 07/01/97)].     34A-6-102 (Effective 07/01/97). Legislative intent.
        The intent of this chapter is:
        (1) to preserve human resources by providing for the safety and health of workers; and
        (2) to provide a coordinated state plan to implement, establish, and enforce occupational
    safety and health standards as effective as the standards under the Williams-Steiger Occupational
    Safety and Health Act of 1970, 29 U.S.C. Sec. 651 et seq.
        Section 173. Section 34A-6-103 (Effective 07/01/97), which is renumbered from Section
    35A-6-103 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-103 (Effective 07/01/97)].     34A-6-103 (Effective 07/01/97). Definitions.
        As used in this chapter:
        (1) "Administrator" means the director of the Division of [Labor,] Occupational Safety[, and
    Program Regulation] and Health.
        (2) "Amendment" means such modification or change in a code, standard, rule, or order
    intended for universal or general application.
        [(4)] (3) "[Department] Commission" means the [Department of Workforce Services] Labor
    Commission.
        [(3)] (4) "Council" means the Utah Occupational Safety and Health Advisory Council.
        (5) "Division" means the Division of [Labor,] Occupational Safety[,] and [Program
    Regulation] Health.
        (6) "Employee" includes any person suffered or permitted to work by an employer.
        (7) "Employer" means:
        (a) the state[,];
        (b) each county, city, town, and school district [therein] in the state; and
        (c) every person, firm, and private corporation, including public utilities, having one or more
    [workmen] workers or operatives regularly employed in the same business, or in or about the same
    establishment, under any contract of hire.
        (8) "Hearing" means a proceeding conducted by the [department] commission.
        (9) "Imminent danger" means a danger exists which reasonably could be expected to cause

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    an occupational disease, death, or serious physical harm immediately, or before the danger could be
    eliminated through enforcement procedures under this chapter.
        (10) "National consensus standard" means any occupational safety and health standard or
    modification:
        (a) adopted by a nationally recognized standards-producing organization under procedures
    where it can be determined by the administrator and division that persons interested and affected by
    the standard have reached substantial agreement on its adoption;
        (b) formulated in a manner which affords an opportunity for diverse views to be considered;
    and
        (c) designated as such a standard by the Secretary of the United States Department of Labor.
        (11) "Person" means the general public, one or more individuals, partnerships, associations,
    corporations, legal representatives, trustees, receivers, and the state and its political subdivisions.
        (12) "Publish" means publication in accordance with Title 63, Chapter 46a, Utah
    Administrative Rulemaking Act.
        (13) "Secretary" means the Secretary of the United States Department of Labor.
        (14) "Standard" means an occupational health and safety standard or group of standards
    which requires conditions, or the adoption or use of one or more practices, means, methods,
    operations, or processes, reasonably necessary to provide safety and healthful employment and
    places of employment.
        (15) "Variance" means a special, limited modification or change in the code or standard
    applicable to the particular establishment of the employer or person petitioning for the modification
    or change.
        (16) "Workplace" means any place of employment.
        Section 174. Section 34A-6-104 (Effective 07/01/97), which is renumbered from Section
    35A-6-104 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-104 (Effective 07/01/97)].     34A-6-104 (Effective 07/01/97). Administration of
     chapter -- Selection of administrator -- Powers and duties of commission -- Application of
     chapter and exceptions.

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        (1) Administration of this chapter is vested in the [department] commission and the division.
    The [department] commission:
        (a) is vested with jurisdiction and supervision over every workplace in this state and is
    empowered to administer all laws and lawful orders to ensure that every employee in this state has
    a workplace free of recognized hazards;
        (b) through the [division under the supervision of an] administrator the division director shall
    carry out the state plan and this chapter provided, that the administrator is a person with at least five
    [years'] years experience or training in the field of industrial safety and health; [and]
        (c) shall make, establish, promulgate and enforce all necessary and reasonable rules and
    provisions to carry this chapter into effect except when the division is authorized by this chapter to
    make rules; and
        (d) may in its discretion administer oaths, take depositions, subpoena witnesses, compel
    production of documents, books, and accounts in any inquiry, investigation, hearing, or proceeding
    in any part of this state.
        (2) This chapter shall apply to all workplaces in the state except that nothing in this chapter
    shall apply to:
        (a) working conditions of employees with respect to which federal agencies and other state
    agencies acting under section 274 of the Atomic Energy Act of 1954, as amended, [(]42 U.S.C.
    2021[)], exercise statutory authority to prescribe or enforce standards or regulations affecting
    occupational safety or health; or
        (b) any workplace or employer not subject to the provisions of the federal Williams-Steiger
    Occupational Safety and Health Act of 1970 and any amendments to that act or any regulations
    promulgated under that act.
        Section 175. Section 34A-6-105 (Effective 07/01/97), which is renumbered from Section
    35A-6-105 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-105 (Effective 07/01/97)].     34A-6-105 (Effective 07/01/97). Procedures --
     Adjudicative proceedings.
        The [department] commission, the division, and the administrator shall comply with the

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    procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, in any
    adjudicative proceedings that they conduct under this chapter.
        Section 176. Section 34A-6-106 (Effective 07/01/97), which is renumbered from Section
    35A-6-106 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-106 (Effective 07/01/97)].     34A-6-106 (Effective 07/01/97). Occupational Safety
     and Health Advisory Council -- Appointment.
        (1) (a) There is created a Utah Occupational Safety and Health Advisory Council to assist
    the division in standard formulation.
        (b) Voting members on the council shall be appointed by the [executive director]
    commissioner and shall consist of six persons selected upon the basis of their experience and
    competence in the field of occupational safety and health and shall include:
        (i) two representatives of labor;
        (ii) two representatives of industry; and
        (iii) two representatives of the public.
        (c) In addition to the voting members under Subsection (1)(b), [the council shall include the
    following nonvoting members:] the commissioner or the commissioner's designee shall serve as a
    nonvoting member.
        [(i) the executive director or the executive director's designee; and]
        [(ii) each member of the Workforce Appeals Board.]
        (2) (a) Except as required by Subsection (2)(b), as terms of current [board] council members
    expire, the [executive director] commissioner shall appoint each new member or reappointed
    member to a four-year term.
        (b) Notwithstanding the requirements of Subsection (2)(a), the [executive director]
    commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure
    that the terms of council members are staggered so that approximately half of the council is
    appointed every two years.
        (c) The [executive director] commissioner may reappoint any council member for additional
    terms.

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        (d) The [executive director] commissioner or the [executive director's] commissioner's
    designee shall serve as chair of the council and call all necessary meetings.
        (3) The council shall confer at least quarterly.
        (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall be
    appointed for the unexpired term.
        (b) The [executive director] commissioner shall terminate the term of any council member
    who ceases to be a representative as designated by [his] the member's original appointment.
        (5) The administrator shall furnish the council clerical, secretarial, and other services
    necessary to conduct the business delegated to the council.
        (6) (a) Members shall receive no compensation or benefits for their services, but may receive
    per diem and expenses incurred in the performance of the member's official duties at the rates
    established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
        (b) Members may decline to receive per diem and expenses for their service.
        Section 177. Section 34A-6-107 (Effective 07/01/97), which is renumbered from Section
    35A-6-107 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-107 (Effective 07/01/97)].     34A-6-107 (Effective 07/01/97). Research and
     related activities.
        (1) (a) The division, after consultation with other appropriate agencies, shall conduct,
    directly or by grants or contracts, whether federal or otherwise, research, experiments, and
    demonstrations in the area of occupational safety and health, including studies of psychological
    factors involved in innovative methods, techniques, and approaches for dealing with occupational
    safety and health problems.
        (b) (i) The [department] division, [in order] to comply with its responsibilities under this
    section, and to develop needed information regarding toxic substances or harmful physical agents,
    may make rules requiring employers to measure, record, and make reports on the exposure of
    employees to substances or physical agents reasonably believed to endanger the health or safety of
    employees.
        (ii) The [department] division may [also] establish programs for medical examinations and

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    tests necessary for determining the incidence of occupational diseases and the susceptibility of
    employees to the diseases.
        (iii) Nothing in this chapter authorizes or requires a medical examination, immunization, or
    treatment for persons who object on religious grounds, except [where] when necessary for the
    protection of the health or safety of others.
        (iv) Any employer who is required to measure and record employee exposure to substances
    or physical agents as provided under Subsection (1)(b) may receive full or partial financial or other
    assistance to defray additional expense incurred by measuring and recording as provided in this
    Subsection (1)(b).
        (c) (i) Following a written request by any employer or authorized representative of
    employees, specifying with reasonable particularity the grounds on which the request is made, the
    division shall determine whether any substance normally found in a workplace has toxic effects in
    the concentrations used or found, and shall submit its determination both to employers and affected
    employees as soon as possible. [If]
        (ii) The division shall immediately take action necessary under Section 34A-6-202 or
    34A-6-305 if the division determines that:
        (A) any substance is toxic at the concentrations used or found in a workplace[,]; and
        (B) the substance is not covered by an occupational safety or health standard promulgated
    under Section [35A-6-202, the division shall immediately take action necessary under Section
    35A-6-202 or 35A-6-305] 34A-6-202.
        (2) The division may inspect and question employers and employees as provided in Section
    [35A-6-301] 34A-6-301, [in order] to carry out its functions and responsibilities under this section.
        (3) The division is authorized to enter into contracts, agreements, or other arrangements with
    appropriate federal or state agencies, or private organizations to conduct studies about its
    responsibilities under this chapter. In carrying out its responsibilities under this subsection, the
    division shall cooperate with the Department of Health and the Department of Environmental
    Quality to avoid any duplication of efforts under this section.
        (4) Information obtained by the division under this section shall be disseminated to

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    employers and employees and organizations of them.
        Section 178. Section 34A-6-108 (Effective 07/01/97), which is renumbered from Section
    35A-6-108 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-108 (Effective 07/01/97)].     34A-6-108 (Effective 07/01/97). Collection,
     compilation, and analysis of statistics.
        (1) The division shall develop and maintain an effective program of collection, compilation,
    and analysis of occupational safety and health statistics. The program may cover all employments
    whether subject to this chapter but shall not cover employments excluded by Subsection
    [35A-6-104] 34A-6-104(2). The division shall compile accurate statistics on work injuries and
    occupational diseases.
        (2) The division may use the functions imposed by Subsection (1) to:
        (a) promote, encourage, or directly engage in programs of studies, information, and
    communication concerning occupational safety and health statistics;
        (b) assist agencies or political subdivisions in developing and administering programs
    dealing with occupational safety and health statistics; and
        (c) arrange, through assistance, for the conduct of research and investigations which give
    promise of furthering the objectives of this section.
        (3) The division may, with the consent of any state agency or political subdivision of the
    state, accept and use the services, facilities, and employees of state agencies or political subdivisions
    of the state, with or without reimbursement, [in order] to assist it in carrying out its functions under
    this section.
        (4) On the basis of the records made and kept under Subsection [35A-6-301] 34A-6-301(3),
    employers shall file reports with the division in the form and manner prescribed by the division.
        (5) Agreements between the United States Department of Labor and Utah pertaining to the
    collection of occupational safety and health statistics already in effect on July 1, 1973, remain in
    effect until superseded.
        Section 179. Section 34A-6-109 (Effective 07/01/97), which is renumbered from Section
    35A-6-109 (Effective 07/01/97) is renumbered and amended to read:

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         [35A-6-109 (Effective 07/01/97)].     34A-6-109 (Effective 07/01/97). Educational and
     training programs.
        (1) The division, after consultation with other appropriate agencies, shall conduct, directly
    or by assistance:
        (a) educational programs to provide an adequate supply of qualified personnel to carry out
    the purpose of this chapter; and
        (b) informational programs on the importance of adequate safety and health equipment.
        (2) The division is authorized to conduct, directly or by assistance, training for personnel
    engaged in work related to its responsibilities under this chapter.
        (3) The division shall:
        (a) establish and supervise programs for the education and training of employers and
    employees for recognition, avoidance, and prevention of unsafe or unhealthful working conditions;
        (b) consult and advise employers and employees about effective means for prevention of any
    work-related injury or occupational disease; and
        (c) provide safety and health workplace surveys.
        Section 180. Section 34A-6-110 (Effective 07/01/97), which is renumbered from Section
    35A-6-110 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-110 (Effective 07/01/97)].     34A-6-110 (Effective 07/01/97). Requirements of
     other laws not limited or repealed -- Worker's compensation or rights under other laws with
     respect to employment injuries not affected.
        (1) Nothing in this chapter is deemed to limit or repeal requirements imposed by statute or
    otherwise recognized by law.
        (2) Nothing in this chapter shall be construed or held to supersede or in any manner affect
    [workmen's] workers' compensation or enlarge or diminish or affect the common-law or statutory
    rights, duties, or liabilities of employers and employees under any law with respect to injuries,
    occupational or other diseases, or death of employees arising out of, or in the course of employment.
        Section 181. Section 34A-6-111 (Effective 07/01/97), which is renumbered from Section
    35A-6-111 (Effective 07/01/97) is renumbered and amended to read:

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         [35A-6-111 (Effective 07/01/97)].     34A-6-111 (Effective 07/01/97). Federal aid.
        The [department] commission may make application for, receive, administer, and expend any
    federal aid for the administration of any of the provisions of this chapter.
        Section 182. Section 34A-6-201 (Effective 07/01/97), which is renumbered from Section
    35A-6-201 (Effective 07/01/97) is renumbered and amended to read:
    
Part 2. Duties and Standards

         [35A-6-201 (Effective 07/01/97)].     34A-6-201 (Effective 07/01/97). Duties of employers
     and employees.
        (1) Each employer shall furnish each of [his] the employer's employees employment and a
    place of employment free from recognized hazards that are causing or are likely to cause death or
    physical harm to [his] the employer's employees and comply with the standards promulgated under
    this chapter.
        (2) Each employee shall comply with the occupational safety and health standards, orders,
    and rules made under this chapter.
        Section 183. Section 34A-6-202 (Effective 07/01/97), which is renumbered from Section
    35A-6-202 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-202 (Effective 07/01/97)].     34A-6-202 (Effective 07/01/97). Standards --
     Procedure for issuance, modification, or revocation by division -- Emergency temporary
     standard -- Variances from standards -- Statement of reasons for administrator's actions --
     Judicial review -- Priority for establishing standards.
        (1) (a) The division, as soon as practicable, shall issue as standards any national consensus
    standard, any adopted federal standard, or any adopted Utah standard, unless it determines that
    issuance of the standard would not result in improved safety or health.
        (b) All codes, standards, and rules adopted under [this] Subsection (1)(a) shall take effect
    30 days after publication unless otherwise specified.
        (c) If any conflict exists between standards, the division shall issue the standard [which] that
    assures the greatest protection of safety or health for affected employees.
        (2) The division may issue, modify, or revoke any standard as follows:

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        (a) (i) Whenever the administrator determines upon the basis of information submitted in
    writing by an interested person, a representative of any organization of employers or employees, a
    nationally recognized standards-producing organization, the Department of Health [and
    Environmental Sciences], or a state agency or political subdivision, or on information developed by
    the division or otherwise available, that a rule should be promulgated to promote the objectives of
    this chapter, [he] the administrator may request recommendations from the advisory council.
        (ii) The administrator shall provide the advisory council with proposals, together with all
    pertinent factual information developed by the division, or otherwise available, including the results
    of research, demonstrations, and experiments.
        (iii) The advisory council shall submit to the administrator its recommendations regarding
    the rule to be promulgated within a period as prescribed by the administrator.
        (b) The division shall publish a proposed rule issuing, modifying, or revoking an
    occupational safety or health standard and shall afford interested parties an opportunity to submit
    written data or comments as prescribed by Title 63, Chapter 46a, Utah Administrative Rulemaking
    Act. When the administrator determines that a rule should be issued, [it] the division shall publish
    the proposed rule after the submission of the advisory council's recommendations or the expiration
    of the period prescribed by the administrator for submission.
        (c) The administrator, in issuing standards for toxic materials or harmful physical agents
    under this subsection, shall set the standard which most adequately assures, to the extent feasible,
    on the basis of the best available evidence, that no employee will suffer material impairment of
    health or functional capacity even if the employee has regular exposure to the hazard during [his]
    an employee's working life. Development of standards under this subsection shall be based upon
    research, demonstrations, experiments, and other information deemed appropriate. In addition to
    the attainment of the highest degree of health and safety protection for the employee, other
    considerations shall be the latest available scientific data in the field, the feasibility of the standards,
    and experience under this and other health and safety laws. Whenever practicable, the standard shall
    be expressed in terms of objective criteria and of the performance desired.
        (d) (i) Any employer may apply to the administrator for a temporary order granting a

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    variance from a standard issued under this section. Temporary orders shall be granted only if the
    employer:
        (A) files an application which meets the requirements of Subsection (2)(d)(iv);
        (B) establishes that [he] the employer is unable to comply with a standard by its effective
    date because of unavailability of professional or technical personnel or of materials and equipment
    needed for compliance with the standard or because necessary construction or alteration of facilities
    cannot be completed by the effective date;
        (C) establishes that [he] the employer is taking all available steps to safeguard [his] the
    employer's employees against hazards; and
        (D) establishes that [he] the employer has an effective program for compliance as quickly
    as practicable.
        (ii) Any temporary order shall prescribe the practices, means, methods, operations, and
    processes which the employer must adopt and use while the order is in effect and state in detail [his]
    the employer's program for compliance with the standard. A temporary order may be granted only
    after notice to employees and an opportunity for a public hearing; provided, that the administrator
    may issue one interim order effective until a decision is made after public hearing.
        (iii) [No] A temporary order may not be in effect longer than the period reasonably required
    by the employer to achieve compliance. In no case shall the period of a temporary order exceed one
    year.
        (iv) An application for a temporary order under Subsection (2)(d) shall contain:
        (A) a specification of the standard or part from which the employer seeks a variance;
        (B) a representation by the employer, supported by representations from qualified persons
    having first-hand knowledge of the facts represented, that [he] the employer is unable to comply with
    the standard or some part of the standard [and];
        (C) a detailed statement of the reasons the employer is unable to comply;
        [(C)] (D) a statement of the measures taken and anticipated with specific dates, to protect
    employees against the hazard;
        [(D)] (E) a statement of when [he] the employer expects to comply with the standard and

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    what measures [he] the employer has taken and those anticipated, giving specific dates for
    compliance; and
        [(E)] (F) a certification that [he] the employer has informed [his] the employer's employees
    of the application by:
        (I) giving a copy to their authorized representative[,];
        (II) posting a statement giving a summary of the application and specifying where a copy
    may be examined at the place or places where notices to employees are normally posted[,]; and
        (III) by other appropriate means.
        (v) The certification required under Subsection (2)(d)(iv) shall contain a description of how
    employees have been informed.
        (vi) The information to employees required under Subsection (2)(d)(v) shall inform the
    employees of their right to petition the [department] division for a hearing.
        [(vi)] (vii) The administrator is authorized to grant a variance from any standard or some part
    of the standard [whenever he] when the administrator determines that it is necessary to permit an
    employer to participate in a research and development project approved by the administrator to
    demonstrate or validate new and improved techniques to safeguard the health or safety of workers.
        (e) (i) Any standard issued under this subsection shall prescribe the use of labels or other
    forms of warning necessary to ensure that employees are apprised of all hazards, relevant symptoms
    and emergency treatment, and proper conditions and precautions of safe use or exposure. [Where]
    When appropriate, a standard shall prescribe suitable protective equipment and control or
    technological procedures for use in connection with such hazards and provide for monitoring or
    measuring employee exposure at such locations and intervals, and in a manner necessary for the
    protection of employees. In addition, any such standard shall prescribe the type and frequency of
    medical examinations or other tests which shall be made available by the employer, or at his cost,
    to employees exposed to hazards in order to most effectively determine whether the health of
    employees is adversely affected by exposure. If medical examinations are in the nature of research
    as determined by the division, the examinations may be furnished at division expense. The results
    of such examinations or tests shall be furnished only to the division; and, at the request of the

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    employee, to [his] the employee's physician.
        (ii) The administrator may by rule make appropriate modifications in requirements for the
    use of labels or other forms of warning, monitoring or measuring, and medical examinations
    warranted by experience, information, or medical or technological developments acquired
    subsequent to the promulgation of the relevant standard.
        (f) Whenever a rule issued by the administrator differs substantially from an existing
    national consensus standard, the division shall publish a statement of the reasons why the rule as
    adopted will better effectuate the purposes of this chapter than the national consensus standard.
        (g) Whenever a rule, standard, or national consensus standard is modified by the secretary
    so as to make less restrictive the federal Williams-Steiger Occupational Safety and Health Act of
    1970, [said] the less restrictive modification shall be immediately applicable to this chapter and shall
    be immediately implemented by the division.
        (3) (a) The administrator shall provide an emergency temporary standard to take immediate
    effect upon publication if [he] the administrator determines that:
        (i) employees are exposed to grave danger from exposure to substances or agents determined
    to be toxic or physically harmful or from new hazards; and
        (ii) that the standard is necessary to protect employees from danger.
        (b) An emergency standard shall be effective until superseded by a standard issued in
    accordance with the procedures prescribed in Subsection (3)(c).
        (c) Upon publication of an emergency standard the division shall commence a proceeding
    in accordance with Subsection (2) and the standard as published shall serve as a proposed rule for
    the proceedings. The division shall issue a standard under Subsection (3) no later than 120 days after
    publication of the emergency standard.
        (4) (a) Any affected employer may apply to the division for a rule or order for a variance
    from a standard issued under this section. Affected employees shall be given notice of each
    application and may participate in a hearing. The administrator shall issue [such] a rule or order if
    [he] the administrator determines on the record, after opportunity for an inspection where appropriate
    and a hearing, that the proponent of the variance has demonstrated by a preponderance of the

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    evidence that the conditions, practices, means, methods, operations, or processes used or proposed
    to be used by an employer will provide employment and a workplace to [his] the employer's
    employees [which] that are as safe and healthful as those which would prevail if [he] the employer
    complied with the standard.
        (b) The rule or order issued under Subsection (4)(a) shall prescribe the conditions the
    employer must maintain, and the practices, means, methods, operations and processes [which he]
    that the employer must adopt and [utilize] use to the extent they differ from the standard in question.
        (c) A rule or order issued under Subsection (4)(a) may be modified or revoked upon
    application by an employer, employees, or by the administrator on its own motion, in the manner
    prescribed for its issuance under Subsection (4) at any time after six months from its issuance.
        (5) [Whenever] The administrator shall include a statement of reasons for the administrator's
    actions when the administrator:
        (a) issues any code, standard, rule, or order[, or];
        (b) grants any exemption or extension of time[,]; or
        (c) compromises, mitigates, or settles any penalty assessed under this chapter[, he shall
    include a statement of the reasons for his action].
        (6) Any person adversely affected by a standard issued under this section, at any time prior
    to 60 days after a standard is issued, may file a petition challenging its validity with the district court
    having jurisdiction for judicial review. A copy of the petition shall be served upon the division by
    the petitioner. The filing of a petition shall not, unless otherwise ordered by the court, operate as a
    stay of the standard. The determinations of the division shall be conclusive if supported by
    substantial evidence on the record as a whole.
        (7) In determining the priority for establishing standards under this section, the division shall
    give due regard to the urgency of the need for mandatory safety and health standards for particular
    industries, trades, crafts, occupations, businesses, workplaces or work environments. The
    administrator shall also give due regard to the recommendations of the Department of Health [and
    Environmental Sciences] about the need for mandatory standards in determining the priority for
    establishing [such] the standards.

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        Section 184. Section 34A-6-203 (Effective 07/01/97), which is renumbered from Section
    35A-6-203 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-203 (Effective 07/01/97)].     34A-6-203 (Effective 07/01/97). Discharge or
     discrimination against employee prohibited.
        (1) [No] A person may not discharge or in any manner discriminate against any employee
    because:
        (a) the employee has filed any complaint or instituted or caused to be instituted any
    proceedings under or related to this chapter;
        (b) the employee has testified or is about to testify in any proceeding; or
        (c) the employee has exercised any right granted by this chapter on behalf of [himself] the
    employee or others.
        (2) (a) Any employee who believes that [he] the employee has been discharged or otherwise
    discriminated against by any person in violation of this section may, within 30 days after the
    violation occurs, file a complaint with the [Division of Adjudication] division in the [department]
    commission alleging discrimination.
        (b) (i) Upon receipt of the complaint, the [Division of Adjudication] division shall cause an
    investigation to be made.
        (ii) The [Division of Adjudication] division may employ investigators as necessary to carry
    out the purpose of this Subsection (2).
        (c) If the investigator reports a violation and the employer requests a hearing on the alleged
    violation, the Division of Adjudication shall hold an evidentiary hearing to determine if provisions
    of this section have been violated.
        (d) (i) If the Division of Adjudication determines that a violation has occurred, it may order:
        (A) the violation to be restrained; and [may order]
        (B) all appropriate relief, including reinstatement of the employee to [his] the employee's
    former position with back pay.
        (ii) A determination under this Subsection (2)(d) may be appealed in accordance with
    Section 34A-6-304.

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        Section 185. Section 34A-6-204 (Effective 07/01/97), which is renumbered from Section
    35A-6-204 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-204 (Effective 07/01/97)].     34A-6-204 (Effective 07/01/97). State agencies and
     political subdivisions to establish programs.
        The head of each state agency and each political subdivision of the state shall establish and
    maintain an occupational safety and health program equivalent to the program for other
    employments in the state. The [department] commission may not assess monetary penalties against
    any state agency or political subdivision under Section [35A-6-307] 34A-6-307.
        Section 186. Section 34A-6-301 (Effective 07/01/97), which is renumbered from Section
    35A-6-301 (Effective 07/01/97) is renumbered and amended to read:
    
Part 3. Enforcement

         [35A-6-301 (Effective 07/01/97)].     34A-6-301 (Effective 07/01/97). Inspection and
     investigation of workplace, worker injury, illness, or complaint -- Warrants -- Attendance of
     witnesses -- Recordkeeping by employers -- Employer and employee representatives -- Request
     for inspection by employees -- Compilation and publication of reports and information --
     Division rules.
        (1) (a) The division or its representatives, upon presenting appropriate credentials to the
    owner, operator, or agent in charge, may:
        (i) enter without delay at reasonable times any workplace where work is performed by an
    employee of an employer;
        (ii) inspect and investigate during regular working hours and at other reasonable times in a
    reasonable manner, any workplace, worker injury, occupational disease, or complaint and all
    pertinent methods, operations, processes, conditions, structures, machines, apparatus, devices,
    equipment, and materials [therein,] in the workplace; and [to]
        (iii) question privately any such employer, owner, operator, agent, or employee.
        (b) The division, upon an employer's refusal to permit an inspection, may seek a warrant
    under Section 77-23-211.
        (2) The division or its representatives may require the attendance and testimony of witnesses

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    and the production of evidence under oath. Witnesses shall receive fees and mileage in accordance
    with Section 21-5-4. If any person fails or refuses to obey an order of the division to appear, any
    district court within the jurisdiction of which such person is found, or resides or transacts business,
    upon the application by the division, shall have jurisdiction to issue to any person an order requiring
    that person to appear to produce evidence if, as, and when so ordered, and to give testimony relating
    to the matter under investigation or in question, and any failure to obey such order of the court may
    be punished by the court as a contempt.
        (3) (a) The [department] commission shall make rules in accordance with Title 63, Chapter
    46a, Utah Administrative Rulemaking Act, requiring employers to keep records regarding activities
    related to this chapter considered necessary for enforcement or for the development of information
    about the causes and prevention of occupational accidents and diseases and requiring employers,
    through posting of notices or other means, to inform employees of their rights and obligations under
    this chapter including applicable standards.
        (b) The [department] commission shall make rules in accordance with Title 63, Chapter 46a,
    Utah Administrative Rulemaking Act, requiring employers to keep records regarding any
    work-related death and injury and any occupational disease as follows:
        (i) Each employer shall investigate or cause to be investigated all work-related injuries and
    occupational diseases and any sudden or unusual occurrence or change of conditions that pose an
    unsafe or unhealthful exposure to employees.
        (ii) Each employer shall, within 12 hours of occurrence, notify the division of any:
        (A) work-related fatality; [of any]
        (B) disabling, serious, or significant injury; and [of any]
        (C) occupational disease incident.
        (iii) (A) Each employer shall file a report with the [division] Division of Industrial Accidents
    within seven days after the occurrence of an injury or occupational disease, after the employer's first
    knowledge of the occurrence, or after the employee's notification of the same, [on forms or methods]
    in the form prescribed by the [department] Division of Industrial Accidents, of any work-related
    fatality or any work-related injury or occupational disease resulting in medical treatment, loss of

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    consciousness, loss of work, restriction of work, or transfer to another job.
        (B) Each employer shall file a subsequent report with the [division] Division of Industrial
    Accidents of any previously reported injury or occupational disease that later resulted in death. The
    subsequent report shall be filed with the [division] Division of Industrial Accidents within seven
    days following the death or the employer's first knowledge or notification of the death. [No] A
    report is not required for minor injuries, such as cuts or scratches that require first-aid treatment only,
    unless a treating physician files, or is required to file, the Physician's Initial Report of Work Injury
    or Occupational Disease with the [department] Division of Industrial Accidents. [No] A report is not
    required for occupational diseases that manifest after the employee is no longer employed by the
    employer with which the exposure occurred, or where the employer is not aware of an exposure
    occasioned by the employment which results in an occupational disease as defined by Section
    [35A-3a-103] 34A-3-103.
        (iv) Each employer shall provide the employee with:
        (A) a copy of the report submitted to the [division. The employer shall also provide the
    employee with] Division of Industrial Accidents;
        (B) a statement, as prepared by the [department] Division of Industrial Accidents, of [his]
    the employee's rights and responsibilities related to the industrial injury or occupational disease.
        (v) Each employer shall maintain a record in a manner prescribed by the [department]
    commission of all work-related fatalities or work-related injuries and of all occupational diseases
    resulting in:
        (A) medical treatment[,];
        (B) loss of consciousness[,];
        (C) loss of work[,];
        (D) restriction of work[,]; or
        (E) transfer to another job.
        (vi) The [department] commission shall make rules in accordance with Title 63, Chapter 46a,
    Utah Administrative Rulemaking Act, to implement Subsection (3)(b) consistent with nationally
    recognized rules or standards on the reporting and recording of work-related injuries and

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    occupational diseases.
        (c) (i) The [department] commission shall make rules in accordance with Title 63, Chapter
    46a, Utah Administrative Rulemaking Act, requiring employers to keep records regarding exposures
    to potentially toxic materials or harmful physical agents required to be measured or monitored under
    Section [35A-6-202] 34A-6-202.
        (ii) [Provision shall be made in the] The rules made under Subsection (3)(c)(i) shall provide
    for employees or their representatives to observe the measuring or monitoring and to have access to
    the records thereof, and to records that indicate their exposure to toxic materials or harmful agents.
    Each employer shall promptly notify employees being exposed to toxic materials or harmful agents
    in concentrations that exceed prescribed levels and inform any such employee of the corrective
    action being taken.
        (4) Information obtained by the division shall be obtained with a minimum burden upon
    employers, especially those operating small businesses.
        (5) A representative of the employer and a representative authorized by employees shall be
    given an opportunity to accompany the division's authorized representative during the physical
    inspection of any workplace. [Where] If there is no authorized employee representative, the
    division's authorized representative shall consult with a reasonable number of employees concerning
    matters of health and safety in the workplace.
        (6) (a) (i) Any employee or representative of employees who believes that a violation of an
    adopted safety or health standard exists that threatens physical harm, or that an imminent danger
    exists, may request an inspection by giving notice to the division's authorized representative of the
    violation or danger. The notice shall be in writing, setting forth with reasonable particularity the
    grounds for notice, and signed by the employee or representative of employees. A copy of the notice
    shall be provided the employer or [his] the employer's agent no later than at the time of inspection.
    Upon request of the person giving notice, [his] the person's name and the names of individual
    employees referred to in the notice shall not appear in the copy or on any record published, released,
    or made available pursuant to Subsection (7).
        (ii) (A) If upon receipt of the notice the division's authorized representative determines there

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    are reasonable grounds to believe that a violation or danger exists, [he] the authorized representative
    shall make a special inspection in accordance with [the provisions of] this section as soon as
    practicable to determine if a violation or danger exists.
        (B) If the division's authorized representative determines there are no reasonable grounds
    to believe that a violation or danger exists, [he] the authorized representative shall notify the
    employee or representative of the employees in writing of that determination.
        (b) Prior to or during any inspection of a workplace, any employee or representative of
    employees employed in the workplace may notify the division or its representative of any violation
    of a standard that they have reason to believe exists in the workplace. The division shall, by rule,
    establish procedures for informal review of any refusal by a representative of the division to issue
    a citation with respect to any alleged violation and furnish the employees or representative of
    employees requesting review a written statement of the reasons for the division's final disposition
    of the case.
        (7) (a) The division may compile, analyze, and publish, either in summary or detailed form,
    all reports or information obtained under this section, subject to the limitations set forth in Section
    [35A-6-306] 34A-6-306.
        (b) The [department] commission shall make rules in accordance with Title 63, Chapter 46a,
    Utah Administrative Rulemaking Act, necessary to carry out its responsibilities under this chapter,
    including rules for information obtained under this section, subject to the limitations set forth in
    Section [35A-6-306] 34A-6-306.
        (8) Any employer who refuses or neglects to make reports, to maintain records, or to file
    reports with the [department] commission as required by this section is guilty of a class C
    misdemeanor and subject to citation under Section [35A-6-302] 34A-6-302 and a civil assessment
    as provided under Section [35A-6-307] 34A-6-307, unless the [division] commission finds that the
    employer has shown good cause for submitting a report later than required by this section.
        Section 187. Section 34A-6-302 (Effective 07/01/97), which is renumbered from Section
    35A-6-302 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-302 (Effective 07/01/97)].     34A-6-302 (Effective 07/01/97). Citations issued by

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     division -- Grounds -- Posting -- Limitation.
        (1) (a) If upon inspection or investigation, the division or its authorized representative
    believes that an employer has violated a requirement of Section [35A-6-201] 34A-6-201, of any
    standard, rule, or order issued under Section [35A-6-202] 34A-6-202, or any rules under this chapter,
    it shall with reasonable promptness issue a citation to the employer.
        (b) Each citation shall:
        (i) be in writing[, and shall]; and
        (ii) describe with particularity the nature of the violation, including a reference to the
    provision of the chapter, standard, rule, or order alleged to have been violated.
        (c) The citation shall fix a reasonable time for the abatement of the violation. In the case of
    a review proceeding initiated by the employer in good faith, not for the purpose of delay or
    avoidance of the penalties, the time for abatement begins to run on the date of the final order of the
    [department] commission.
        (d) The [department] commission may prescribe procedures for the issuance of a notice in
    lieu of a citation with respect to violations [which] that have no direct or immediate relationship to
    safety or health.
        (2) Each citation issued under this section or a copy shall be prominently posted by the
    employer, as required by rule, at or near each place a violation referred to in the citation occurred.
        (3) A citation may not be issued under this section after the expiration of six months
    following the occurrence of any violation.
        Section 188. Section 34A-6-303 (Effective 07/01/97), which is renumbered from Section
    35A-6-303 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-303 (Effective 07/01/97)].     34A-6-303 (Effective 07/01/97). Enforcement
     procedures -- Notification to employer of proposed assessment -- Notification to employer of
     failure to correct violation -- Contest by employer of citation or proposed assessment --
     Procedure.
        (1) (a) If the division issues a citation under Subsection [35A-6-302] 34A-6-302(1), it shall
    within a reasonable time after inspection or investigation, notify the employer by certified mail of

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    the assessment, if any, proposed to be assessed under Section [35A-6-307] 34A-6-307 and that the
    employer has 30 days to notify the Division of Adjudication that [he wishes] the employer intends
    to contest the citation, abatement, or proposed assessment.
        (b) If, within 30 days from the receipt of the notice issued by the division, the employer fails
    to notify the Division of Adjudication that [he] the employer intends to contest the citation,
    abatement, or proposed assessment, and no notice is filed by any employee or representative of
    employees under Subsection (3) within 30 days, the citation, abatement, and assessment, as
    proposed, is final and not subject to review by any court or agency.
        (2) (a) If the division has reason to believe that an employer has failed to correct a violation
    for which a citation has been issued within the time period permitted, the division shall notify the
    employer by certified mail:
        (i) of the failure [and];
        (ii) of the assessment proposed to be assessed under Section [35A-6-307,] 34A-6-307; and
        (iii) that the employer has 30 days to notify the Division of Adjudication that [he wishes]
    the employer intends to contest the division's notification or the proposed assessment.
        (b) The period for corrective action does not begin to run until entry of a final order by the
    [department] commission.
        (c) If the employer fails to notify the Division of Adjudication, in writing, within 30 days
    from the receipt of notification issued by the division, that [he] the employer intends to contest the
    notification or proposed assessment, the notification and assessment, as proposed, is final and not
    subject to review by any court or agency.
        (3) (a) If an employer notifies the Division of Adjudication that [he] the employer intends
    to contest a citation issued under Subsection [35A-6-302] 34A-6-302(1), or notification issued under
    Subsection (1) or (2), or if, within 30 days of the issuance of a citation under Subsection [35A-6-302]
    34A-6-302(1), any employee or representative of employees files a notice with the division alleging
    that the period of time fixed in the citation for the abatement of the violation is unreasonable, the
    division shall advise the [executive director] commissioner of the notification, and the [executive
    director] commissioner shall provide an opportunity for a hearing.

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        (b) Upon a showing by an employer of a good faith effort to comply with the abatement
    requirements of a citation, and that the abatement has not been completed because of factors beyond
    [his] the employer's reasonable control, the division, after an opportunity for discussion and
    consideration, shall issue an order affirming or modifying the abatement requirements in any
    citation.
        Section 189. Section 34A-6-304 (Effective 07/01/97), which is renumbered from Section
    35A-6-304 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-304 (Effective 07/01/97)].     34A-6-304 (Effective 07/01/97). Procedure for
     review of order entered by administrative law judge -- Continuing jurisdiction of commission.
        (1) (a) Administrative law judges [appointed] assigned by the director of the Division of
    Adjudication shall hear and determine any proceeding assigned to them by the Division of
    Adjudication.
        (b) The administrative law judge shall enter [his] the administrative law judge's findings of
    fact, conclusions of law, and order not later than 30 days after final receipt of all matters concerned
    in the hearing.
        (c) The findings of fact, conclusions of law, and order of the administrative law judge shall
    become the final order of the [department] commission unless objections are made in accordance
    with Subsection [(4)] (2).
        (2) (a) Any party of interest who is dissatisfied with the order entered by an administrative
    law judge may obtain a review by appealing the decision in accordance with Section 63-46b-12 and
    Chapter 1, Part 3, Adjudicative Proceedings.
        (b) The [Workforce] commissioner or Appeals Board [may affirm, modify, remand, or
    overrule the order of the administrative law judge] shall make its decision in accordance with Section
    34A-1-303.
        (c) The decision of the [department] commission is final unless judicial review is requested
    in accordance with Chapter 1, Part 3, Adjudicative Proceedings.
        (d) To the extent that new facts are provided, the [department] commission has continuing
    jurisdiction to amend, reverse, or enhance prior orders.

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        Section 190. Section 34A-6-305 (Effective 07/01/97), which is renumbered from Section
    35A-6-305 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-305 (Effective 07/01/97)].     34A-6-305 (Effective 07/01/97). Injunction
     proceedings.
        (1) The district courts shall have jurisdiction, upon petition of the administrator to restrain
    any conditions or practices in any place of employment where danger exists which could reasonably
    be expected to cause death or physical harm immediately or before the imminence of such danger
    can be eliminated through enforcement procedures provided by this chapter. Any order issued under
    this section may require that necessary steps be taken to avoid, correct, or remove imminent danger
    or prohibit the employment or presence of any individual in locations or under conditions where
    imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove
    imminent danger or maintain the capacity of a continuous process operation so that normal
    operations can be resumed without a complete cessation of operations, or where cessation of
    operations is necessary, to permit such to be accomplished in a safe and orderly manner.
        (2) The district courts shall have jurisdiction upon petition to grant injunctive relief or
    temporary restraining orders pending the outcome of any enforcement proceeding pursuant to this
    act pursuant to Rule 65A, Utah Rules of Civil Procedure; provided, that no temporary restraining
    order issued without notice shall be effective for more than five days.
        (3) Whenever an inspector concludes that imminent danger exists in any place of
    employment, [he] the inspector shall inform the affected employees and employers of the danger and
    that [he] the inspector is recommending to the administrator that relief be sought.
        (4) If the administrator arbitrarily or capriciously fails to seek relief under this section, any
    employee who may be injured by reason of such failure, or the representative of such employees,
    may bring an action against the administrator in the district court of the county in which the
    imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus
    and for further appropriate relief.
        Section 191. Section 34A-6-306 (Effective 07/01/97), which is renumbered from Section
    35A-6-306 (Effective 07/01/97) is renumbered and amended to read:

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         [35A-6-306 (Effective 07/01/97)].     34A-6-306 (Effective 07/01/97). Disclosure of trade
     secrets -- Protective orders.
        (1) All information reported to or otherwise obtained by the administrator or [his] the
    administrator's representatives or any employee in connection with any inspection or proceeding
    under this chapter which contains or which might reveal a trade secret shall be considered
    confidential except that the information may be disclosed to other officers or employees concerned
    with carrying out this chapter or when relevant, in any proceeding under this chapter.
        (2) In any such proceeding, the [department] commission or the court shall issue appropriate
    orders to protect the trade secret.
        Section 192. Section 34A-6-307 (Effective 07/01/97), which is renumbered from Section
    35A-6-307 (Effective 07/01/97) is renumbered and amended to read:
         [35A-6-307 (Effective 07/01/97)].     34A-6-307 (Effective 07/01/97). Civil and criminal
     penalties.
        (1) The [department] commission may assess civil penalties against any employer who has
    received a citation under Section [35A-6-302] 34A-6-302 as follows:
        (a) Except as provided in Subsections (1)(b) through (d), the [department] commission may
    assess up to $7,000 for each cited violation.
        (b) The [department] commission may not assess less than $250 nor more than $7,000 for
    each cited serious violation. A violation is serious only if:
        (i) it arises from a condition, practice, method, operation, or process in the workplace of
    which the employer knows or should know through the exercise of reasonable diligence; and
        (ii) there is a substantial possibility that the condition, practice, method, operation, or process
    could result in death or serious physical harm.
        (c) The [department] commission may not assess less than $5,000 nor more than $70,000
    for each cited willful violation.
        (d) The [department] commission may assess up to $70,000 for each cited violation if the
    employer has previously been found to have violated the same standards, code, rule, or order.
        (e) After the expiration of the time permitted to an employer to correct a cited violation, the

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    [department] commission may assess up to $7,000 for each day the violation continues uncorrected.
        (2) The [department] commission may assess a civil penalty of up to $7,000 for each
    violation of any posting requirement under this chapter.
        (3) In deciding the amount to assess for a civil penalty, the [department] commission shall
    consider all relevant factors, including:
        (a) the size of the employer's business[,];
        (b) the nature of the violation[,];
        (c) the employer's good faith or lack of good faith[,]; and
        (d) the employer's previous record of compliance or noncompliance with this chapter.
        (4) Any civil penalty collected under this chapter shall be paid into the General Fund.
        (5) Criminal penalties under this chapter are as follows:
        (a) Any employer who willfully violates any standard, code, rule, or order issued under
    Section [35A-6-202] 34A-6-202, or any rule made under this chapter, is guilty of a class A
    misdemeanor if the violation caused the death of an employee. If the violation causes the death of
    more than one employee, each death is considered a separate offense.
        (b) Any person who gives advance notice of any inspection conducted under this chapter
    without authority from the administrator or [his] the administrator's representatives is guilty of a
    class A misdemeanor.
        (c) Any person who knowingly makes a false statement, representation, or certification in
    any application, record, report, plan, or other document filed or required to be maintained under this
    chapter is guilty of a class A misdemeanor.
        (6) After a citation issued under this chapter and an opportunity for a hearing under Title 63,
    Chapter 46b, Administrative Procedures Act, the division may file an abstract for any uncollected
    citation penalty in the district court. The filed abstract shall have the effect of a judgment of that
    court. The abstract shall state the amount of the uncollected citation penalty, reasonable attorneys'
    fees as set by [department] commission rule, and court costs.
        Section 193. Section 34A-7-101 (Effective 07/01/97), which is renumbered from Section
    35A-7-101 (Effective 07/01/97) is renumbered and amended to read:

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CHAPTER 7. SAFETY

    
Part 1. Boilers and Pressure Vessels

         [35A-7-101 (Effective 07/01/97)].     34A-7-101 (Effective 07/01/97). Scope of chapter --
     Exemptions.
        Except as otherwise provided in this section, this part applies to all boilers and pressure
    vessels used in industrial or manufacturing establishments, business establishments, sawmills,
    construction jobs, and every place where workers or the public may be exposed to risks from the
    operation of boilers or pressure vessels. This part does not apply to:
        (1) boilers subject to inspection, control, or regulation under the terms of any law or
    regulation of the federal government or any of its agencies;
        (2) air tanks located on vehicles used for transporting passengers or freight;
        (3) pressure vessels meeting the requirements of the Interstate Commerce Commission for
    shipment of liquids or gases under pressure; or
        (4) boilers and pressure vessels which are excluded from the Boiler and Pressure Vessel
    Code published by the American Society of Mechanical Engineers.
        Section 194. Section 34A-7-102 (Effective 07/01/97), which is renumbered from Section
    35A-7-102 (Effective 07/01/97) is renumbered and amended to read:
         [35A-7-102 (Effective 07/01/97)].     34A-7-102 (Effective 07/01/97). Standards for
     construction and design -- Special approved designs -- Maintenance requirements.
        (1) For the purposes of this part the standards for the design and construction of new boilers
    and new pressure vessels shall be the latest applicable provisions of the Boiler and Pressure Vessel
    Code published by the American Society of Mechanical Engineers.
        (2) This part shall not be construed as preventing the construction and use of boilers or
    pressure vessels of special design, subject to approval of the Division of [Labor,] Safety, [and
    Program Regulation,] provided such special design provides a level of safety equivalent to that
    contemplated by the Boiler and Pressure Vessel Code of the American Society of Mechanical
    Engineers.
        (3) Boiler and pressure vessels, including existing boilers and pressure vessels, shall be

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    maintained in safe operating condition for the service involved.
        Section 195. Section 34A-7-103 (Effective 07/01/97), which is renumbered from Section
    35A-7-103 (Effective 07/01/97) is renumbered and amended to read:
         [35A-7-103 (Effective 07/01/97)].     34A-7-103 (Effective 07/01/97). Annual inspection
     requirement -- Inspection intervals, maximum -- Insurance company inspections -- Inspection
     certificate -- Suspension of inspection certificate -- Duration -- Standards of inspectors.
        (1) On and after July 1, 1967, each boiler used or proposed to be used within this state,
    except boilers exempt under Section [35A-7-101] 34A-7-101, shall be thoroughly inspected
    internally and externally, annually, except as otherwise provided by this part, while not under
    pressure, by the Division of [Labor,] Safety[, and Program Regulation] or by inspectors approved
    and deputized by the Division of [Labor,] Safety[, and Program Regulation] as to its safety of
    construction, installation, condition, and operation.
        (2) If at any time a hydrostatic test shall be [deemed] considered necessary by the Division
    of [Labor,] Safety[, and Program Regulation] to determine the safety of a boiler, the hydrostatic test
    shall be made at the direction of the Division of [Labor,] Safety[, and Program Regulation,] allowing
    a reasonable time for owner or user to comply.
        (3) Not more than 14 months shall elapse between internal inspections of boilers, except not
    more than 30 months between internal inspections of large power boilers [(those]. For purposes of
    this Subsection (3) a "large power boiler" is a boiler operated and monitored continuously with
    adequate maintenance, combustion, and water controls[)]. The Division of [Labor,] Safety[, and
    Program Regulation] may extend the inspection interval in writing when proper evidence has been
    presented as to method of operation, performance records, and water treatment.
        (4) All low pressure boilers [(steam 15 pounds per square inch pressure and water 60 pounds
    per square inch pressure, maximum)] shall be internally and externally inspected at least biennially
    where construction will permit. For purposes of this Subsection (4), a "low pressure boiler" is a
    boiler with steam 15 pounds per square inch pressure and water 60 pounds per square inch pressure,
    maximum.
        (5) Boilers inspected by deputized inspectors employed by insurance companies, if made

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    within the time limits herein provided, shall be considered to meet the provisions of this part if:
        (a) reports of the inspections are filed with the Division of [Labor,] Safety[, and Program
    Regulation] within 30 days after the inspection;
        (b) the boilers are certified by the inspectors employed by insurance companies as being safe
    to operate for the purpose for which they are being used; and
        (c) the inspection and filing of the report with the Division of [Labor,] Safety[, and Program
    Regulation] shall exempt the boiler or boilers from inspection fees provided for in this part.
        (6) If a boiler shall, upon inspection, be found to be suitable and to conform to the rules of
    the [Division of Labor, Safety, and Program Regulation] commission, the inspector shall issue to
    such owner or user an inspection certificate.
        (7) The Division of [Labor,] Safety[, and Program Regulation] may at any time suspend an
    inspection certificate when in its opinion the boiler for which it was issued may not continue to be
    operated without menace to the public safety or when the boiler is found not to comply with the
    safety rules of the [department] commission. The suspension of an inspection certificate shall
    continue in effect until the boiler shall have been made to conform to the safety rules of the
    [department] commission and a new certificate is issued.
        (8) Inspectors deputized or employed by the Division of [Labor,] Safety[, and Program
    Regulation] under this part shall meet at all times nationally recognized standards of qualifications
    of fitness and competence for such work.
        Section 196. Section 34A-7-104 (Effective 07/01/97), which is renumbered from Section
    35A-7-104 (Effective 07/01/97) is renumbered and amended to read:
         [35A-7-104 (Effective 07/01/97)].     34A-7-104 (Effective 07/01/97). Fees.
        The owner or user of a boiler required by this part to be inspected shall pay to the
    [department] commission fees for inspection or for permits to operate in amounts set by the
    [department] commission pursuant to Section 63-38-3.2.
        Section 197. Section 34A-7-105 (Effective 07/01/97), which is renumbered from Section
    35A-7-105 (Effective 07/01/97) is renumbered and amended to read:
         [35A-7-105 (Effective 07/01/97)].     34A-7-105 (Effective 07/01/97). Violation of chapter

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     -- Misdemeanor -- Injunction.
        (1) It is a violation of this part and a class C misdemeanor to operate a boiler or pressure
    vessel subject to this part if:
        (a) certification has been denied or suspended; or
        (b) the boiler or pressure vessel is knowingly operated while constituting a safety hazard.
        (2) The Division of [Labor,] Safety[, and Program Regulation] may bring a lawsuit in any
    court of this state to enjoin the operation of any boiler or pressure vessel in violation of this part.
    The court may issue a temporary injunction, without bond, restraining further operation of the boiler
    or pressure vessel, ex parte. Upon a proper showing, the court shall permanently enjoin the
    operation of the boiler or pressure vessel until the violation is corrected.
        Section 198. Section 34A-8-101 (Effective 07/01/97), which is renumbered from Section
    35A-9-201 (Effective 07/01/97) is renumbered and amended to read:
    
CHAPTER 8. UTAH INJURED WORKER REEMPLOYMENT ACT

         [35A-9-201 (Effective 07/01/97)].     34A-8-101 (Effective 07/01/97). Title.
        This [part] chapter is known as the "Utah Injured Worker Reemployment Act."
        Section 199. Section 34A-8-102 (Effective 07/01/97), which is renumbered from Section
    35A-9-202 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-202 (Effective 07/01/97)].     34A-8-102 (Effective 07/01/97). Intent statement.
        This [part] chapter is intended to promote and monitor the state's and the employer's capacity
    to assist the injured worker in returning to the work force as quickly as possible and to evaluate the
    cost effectiveness of the program.
        Section 200. Section 34A-8-103 (Effective 07/01/97), which is renumbered from Section
    35A-9-203 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-203 (Effective 07/01/97)].     34A-8-103 (Effective 07/01/97). Chapter
     administration.
        This [part] chapter shall be administered by the [department] commission in conjunction with
    its administration of Chapters [3] 2, Workers' Compensation Act and [3a] 3, Utah Occupational
    Disease Act.

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        Section 201. Section 34A-8-104 (Effective 07/01/97), which is renumbered from Section
    35A-9-204 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-204 (Effective 07/01/97)].     34A-8-104 (Effective 07/01/97). Definitions.
        (1) "Disabled injured worker" means an employee who:
        (a) has sustained an industrial injury or occupational disease for which benefits are provided
    under [Chapters 3 and 3a, and who,] Chapter 2, Workers' Compensation Act, or Chapter 3, Utah
    Occupational Disease Act;
        (b) because of the injury or disease[,];
        (i) is or will be unable to return to work in the injured worker's usual and customary
    occupation[,]; or
        (ii) is unable to perform work for which the injured worker has previous training and
    experience[,]; and [who]
        (c) reasonably can be expected to attain gainful employment after receiving the
    reemployment training and benefits provided for in this [part] chapter.
        (2) "Division" means Division of [Employment Development] Industrial Accidents.
        (3) (a) "Gainful employment" means employment [which] that:
        (i) is reasonably attainable in view of the industrial injury or occupational disease; and
    [which]
        (ii) offers to the injured worker, as reasonably feasible, an opportunity for earnings.
        (b) Factors to be considered in determining gainful employment include the injured worker's:
        (i) education[,];
        (ii) experience[,]; and
        (iii) physical and mental impairment and condition.
        (4) "Parties" means:
        (a) the disabled injured worker[,];
        (b) employer[,];
        (c) workers' compensation insurance carrier[, and];
        (d) reemployment coordinator; and

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        (e) other professionals as deemed necessary by the commission.
        (5) "Reemployment plan" means the written description or rationale for the manner and
    means by which it is proposed a disabled injured worker may be returned to gainful employment.
    The reemployment plan shall define the voluntary responsibilities of the disabled injured worker,
    employer, and other parties involved with the implementation of the plan.
        Section 202. Section 34A-8-105 (Effective 07/01/97), which is renumbered from Section
    35A-9-205 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-205 (Effective 07/01/97)].     34A-8-105 (Effective 07/01/97). Reemployment
     coordinator -- Duties.
        The [executive director] commissioner shall appoint a reemployment coordinator to assist
    in administering this [part] chapter. The coordinator's duties include [the following]:
        (1) [identify] identifying and [verify] verifying, if necessary, the qualifications of all public
    or private reemployment or rehabilitation providers who render any medical or vocational
    reemployment or rehabilitation services, including those directly employed by an insurer, employer,
    or self-insurer;
        (2) [design] designing a study [which] that will produce reliable data from employers,
    insurance carriers, employees, and rehabilitation providers for cost effective recommendations to
    carry out the intent of this chapter, the data shall include:
        (a) the success rates of public and private rehabilitation and training programs in assisting
    in the employment of the injured worker;
        (b) the costs in providing such services; and
        (c) the amount of time it takes to get the injured worker into gainful employment;
        (3) [evaluate] evaluating results to determine whether early identification of potential
    candidates for retraining results in overall cost reduction and return of the injured worker to gainful
    employment;
        (4) [assure] assuring the contact and coordination of the employer or its workers'
    compensation insurance carrier and the disabled injured worker to encourage the development of
    evaluations and reemployment plans for the disabled injured worker so that the completion of the

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    plans can be monitored by the [department] commission;
        (5) [recommend] recommending procedures to avoid the duplication of services provided
    by other state agencies or private rehabilitation services, including registering the disabled injured
    worker with [Job Service] the Division of Employment Development in the Department of
    Workforce Services for reemployment; and
        (6) perform other duties as may be prescribed by the [department] commission.
        Section 203. Section 34A-8-106 (Effective 07/01/97), which is renumbered from Section
    35A-9-206 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-206 (Effective 07/01/97)].     34A-8-106 (Effective 07/01/97). Initial report on
     injured worker.
        When it appears that an injured worker is or will be a disabled injured worker, or when the
    period of the injured worker's temporary total disability compensation period exceeds 90 days,
    whichever comes first, the employer or its workers' compensation insurance carrier shall, within 30
    days thereafter, file with the division and serve on the injured worker an initial written report
    assessing the injured worker's need or lack of need for vocational assistance in reemployment. The
    employer or carrier shall also provide the injured worker information regarding reemployment.
        Section 204. Section 34A-8-107 (Effective 07/01/97), which is renumbered from Section
    35A-9-207 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-207 (Effective 07/01/97)].     34A-8-107 (Effective 07/01/97). Evaluation of
     injured worker -- Reemployment plan.
        When it appears that an injured worker is a disabled injured worker, the employer or its
    workers' compensation insurance carrier shall within ten days of receiving the initial report, unless
    otherwise authorized by the division, refer the disabled injured worker to the Utah State Office of
    Rehabilitation or, at the employer's or insurance carrier's option to a private rehabilitation or
    reemployment service, to provide an evaluation and to develop a reemployment plan.
        Section 205. Section 34A-8-108 (Effective 07/01/97), which is renumbered from Section
    35A-9-208 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-208 (Effective 07/01/97)].     34A-8-108 (Effective 07/01/97). Reemployment

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     objectives.
        (1) The division shall administer this [part] chapter with the objective of assisting in
    returning the disabled injured worker to gainful employment in the following order of employment
    priority:
        (a) same job, same employer;
        (b) modified job, same employer;
        (c) same job, new employer;
        (d) modified job, new employer;
        (e) new job, new employer; or
        (f) retraining in a new occupation.
        (2) Nothing in this [part] chapter or its application is intended to:
        (a) modify or in any way affect any existing employee-employer relationship[,]; or [to]
        (b) provide any employee with any guarantee or right to employment or continued
    employment with any employer.
        Section 206. Section 34A-8-109 (Effective 07/01/97), which is renumbered from Section
    35A-9-209 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-209 (Effective 07/01/97)].     34A-8-109 (Effective 07/01/97). Rehabilitation
     counselors and reemployment coordinator.
        All rehabilitation counselors and the reemployment coordinator shall have the same or
    comparable qualifications as those established by the Utah State Office of Rehabilitation for
    personnel assigned to rehabilitation and evaluation duties.
        Section 207. Section 34A-8-110 (Effective 07/01/97), which is renumbered from Section
    35A-9-210 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-210 (Effective 07/01/97)].     34A-8-110 (Effective 07/01/97). Duties not affected.
        The provisions of this [part] chapter do not affect other duties and responsibilities of the Utah
    State Office of Rehabilitation.
        Section 208. Section 34A-8-111 (Effective 07/01/97), which is renumbered from Section
    35A-9-211 (Effective 07/01/97) is renumbered and amended to read:

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         [35A-9-211 (Effective 07/01/97)].     34A-8-111 (Effective 07/01/97). Rulemaking
     authority.
        The [department] commission may provide for the administration of this [part] chapter by
    rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
        Section 209. Section 34A-8-112 (Effective 07/01/97), which is renumbered from Section
    35A-9-212 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-212 (Effective 07/01/97)].     34A-8-112 (Effective 07/01/97). Administrative
     review.
        The employer and the injured worker may apply to the [department] Division of Adjudication
    for resolution of any issue of law or fact arising under this [part] chapter in accordance with Title
    63, Chapter 46b, Administrative Procedures Act.
        Section 210. Section 34A-8-113 (Effective 07/01/97), which is renumbered from Section
    35A-9-213 (Effective 07/01/97) is renumbered and amended to read:
         [35A-9-213 (Effective 07/01/97)].     34A-8-113 (Effective 07/01/97). Effective date --
     Application.
        This [part] chapter is effective July 1, 1990, and it applies only to industrial injuries and
    occupational diseases which occur on or after that date.
        Section 211. Section 35A-1-102 (Effective 07/01/97) is amended to read:
         35A-1-102 (Effective 07/01/97). Definitions.
        Unless otherwise specified, as used in this title:
        (1) "Client" means an individual who the department has determined to be eligible for
    services or benefits under:
        (a) Chapter [4] 3, Employment [Security] Support Act;
        (b) [Chapter 8, Services and Support] Section 35A-4-504; and
        (c) Chapter [9] 5, Training[, Reemployment,] and Workforce Improvement Act.
        (2) "Consortium of counties" means an organization of the counties within a regional
    workforce services area designated under [Subsection 35A-1-401(3)] Section 35A-2-101:
        (a) in which all of the county commissions jointly comply with this title in working with the

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    executive director of the department regarding regional workforce services areas; and
        (b) (i) that existed as of July 1, 1997; or
        (ii) that is created on or after July 1, 1997, with the approval of the executive director.
        (3) "Department" means the Department of Workforce Services created in Section
    35A-1-103.
        (4) "Employment advisor" means an individual responsible for developing an employment
    plan and coordinating the services and benefits under this title in accordance with Chapter 2,
    Regional Workforce Services Areas.
        (5) "Employment [assistance] center" is a location in a regional workforce services area
    where the services provided by a regional workforce services area under Section 35A-2-201 may be
    accessed by a client.
        (6) "Executive director" means the executive director of the department appointed under
    Section 35A-1-201.
        (7) "Regional workforce services area" means a regional workforce services area established
    [by the executive director] in accordance with Chapter 2, Regional Workforce Services Areas.
        (8) "Stabilization" means addressing the basic living, family care, and social or
    psychological needs of the client so that the client may take advantage of training or employment
    opportunities provided under this title or through other agencies or institutions.
        Section 212. Section 35A-1-103 (Effective 07/01/97) is amended to read:
         35A-1-103 (Effective 07/01/97). Department of Workforce Services -- Creation.
        (1) There is created the Department of Workforce Services, which has all of the
    policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities
    outlined in this title.
        (2) For purposes of this title, the department shall have an official seal that shall be judicially
    noticed.
        Section 213. Section 35A-1-104 (Effective 07/01/97) is amended to read:
         35A-1-104 (Effective 07/01/97). Department authority.
        Within all other authority or responsibility granted to it by law, the department may:

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        (1) adopt rules when authorized by this title, in accordance with the procedures of Title 63,
    Chapter 46a, Utah Administrative Rulemaking Act;
        (2) purchase, as authorized or required by law, services that the department is responsible
    to provide for legally eligible persons;
        (3) conduct adjudicative proceedings in accordance with the procedures of Title 63, Chapter
    46b, Administrative Procedures Act;
        (4) establish eligibility standards for its programs, not inconsistent with state or federal law
    or regulations;
        (5) take necessary steps, including legal action, to recover money or the monetary value of
    services provided to a recipient who is not eligible;
        (6) license agencies in accordance with this title and Title 34, Labor in General;
        (7) acquire, manage, and dispose of any real or personal property needed or owned by the
    department, not inconsistent with state law;
        (8) receive gifts, grants, devises, and donations or the proceeds thereof, crediting the
    program designated by the donor, and using the gift, grant, devise, or donation for the purposes
    requested by the donor, as long as the request conforms to state and federal policy;
        (9) accept and employ volunteer labor or services;
        (10) reimburse volunteers for necessary expenses, when the department considers that
    reimbursement to be appropriate;
        (11) carry out the responsibility assigned by the State Workforce Services Plan developed
    by the State Council on Workforce Services;
        (12) provide training and educational opportunities for its staff;
        (13) examine and audit the expenditures of any public funds provided to a local authority,
    agency, or organization that contracts with or receives funds from those authorities or agencies;
        (14) accept and administer grants from the federal government and from other sources,
    public or private;
        (15) employ and determine the compensation of clerical, legal, technical, investigative, and
    other employees necessary to carry out its policymaking, regulatory, and enforcement powers, rights,

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    duties, and responsibilities under this title;
        [(16) administer and enforce all laws for the protection of the life, health, safety, and welfare
    of employees;]
        [(17) ascertain and fix reasonable standards, and prescribe, modify, and enforce reasonable
    orders, for the adoption of safety devices, safeguards, and other means or methods of protection, to
    be as nearly uniform as possible, as necessary to carry out all laws and lawful orders relative to the
    protection of the life, health, safety, and welfare of employees in employment and places of
    employment;]
        [(18) ascertain, fix, and order reasonable standards for the construction, repair, and
    maintenance of places of employment as shall make them safe;]
        [(19) investigate, ascertain, and determine reasonable classifications of persons,
    employments, and places of employment as necessary to carry out the purposes of this title;]
        [(20) promote the voluntary arbitration, mediation, and conciliation of disputes between
    employers and employees;]
        [(21)] (16) establish and conduct free employment agencies, and license, supervise, and
    regulate private employment offices, and bring together employers seeking employees and working
    people seeking employment, and make known the opportunities for employment in this state;
        [(22)] (17) collect, collate, and publish statistical and other information relating to
    employees, employers, employments, and places of employment, and other statistics as it considers
    proper;
        [(23) ascertain and adopt reasonable standards and rules, prescribe and enforce reasonable
    orders, and take other actions appropriate for the protection of life, health, safety, and welfare of all
    persons with respect to all prospects, tunnels, pits, banks, open cut workings, quarries, strip mine
    operations, ore mills, and surface operations or any other mining operation, whether or not the
    relationship of employer and employee exists, but the department may not assume jurisdiction or
    authority over adopted standards and regulations or perform any mining inspection or enforcement
    of mining rules and regulations so long as Utah's mining operations are governed by federal
    regulations;]

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        (18) encourage the expansion and use of apprenticeship programs meeting state or federal
    standards for apprenticeship programs;
        [(24)] (19) develop processes to ensure that the department responds to the full range of
    employee and employer clients; and
        [(25)] (20) carry out the responsibilities assigned to it by statute.
        Section 214. Section 35A-1-202 (Effective 07/01/97) is amended to read:
         35A-1-202 (Effective 07/01/97). Divisions -- Creation -- Duties -- Workforce Appeals
     Board, councils, and regional services areas.
        (1) There is created within the department the following divisions:
        [(a) the Division of Labor, Safety, and Program Regulation to administer and enforce the
    regulatory provisions of this title;]
        [(b)] (a) the Division of Employment Development to [oversee the provision of services
    under this title; and] administer the development and implementation of employment assistance
    programs that are:
        (i) related to the operations of the department; and
        (ii) consistent with federal and state law;
        (b) the Division of Workforce Information and Payment Services to administer those
    services that are not delivered through the regional workforce services areas; and
        (c) the Division of Adjudication to adjudicate claims or actions [brought under] in
    accordance with this title.
        (2) In addition to the divisions created under this section, within the department are the
    following:
        (a) the Workforce Appeals Board created in Section 35A-1-205;
        (b) the State Council on Workforce Services created in Section 35A-1-206;
        [(c) the following program advisory councils:]
        [(i) the workers' compensation advisory council created in Section 35A-3-107;]
        [(ii)] (c) the employment security advisory council created in Section 35A-4-502;
        [(iii) the antidiscrimination advisory committee created in Section 35A-5-105; and]

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        [(iv) the occupational safety and health advisory council 35A-6-106;]
        [(d) the mining certification panel created in Section 40-2-14; and]
        (d) the child care advisory committee created in Section 35A-3-1205; and
        (e) the regional workforce services areas and councils created in accordance with Chapter 2,
    Regional Workforce Services Areas.
        Section 215. Section 35A-1-203 (Effective 07/01/97) is amended to read:
         35A-1-203 (Effective 07/01/97). Executive director -- Jurisdiction over division and
     regional directors -- No jurisdiction over Workforce Appeals Board -- Authority.
        (1) The executive director has administrative jurisdiction over each division and regional
    workforce services area.
        (2) To effectuate greater statewide efficiency and local flexibility in the implementation of
    programs, the executive director shall coordinate with the directors of the divisions and the directors
    of the regional workforce services areas.
        (3) The executive director shall consult with the applicable consortium of counties in
    developing management systems, administrative processes, and jurisdictions of the regional
    workforce services area. The management systems, administrative processes, and jurisdictions shall
    comply with Title 67, Chapter 19, Utah State Personnel Management Act.
        (4) To effectuate greater efficiency and economy in the operations of the department, the
    executive director may:
        (a) make changes in personnel and service functions in the divisions and regional workforce
    services areas under the executive director's administrative jurisdiction; and
        (b) authorize designees to perform appropriate responsibilities.
        (5) (a) The executive director has no jurisdiction over the Workforce Appeals Board except
    as provided in Subsection (5)(b).
        (b) The executive director shall:
        (i) approve the budget of the Workforce Appeals Board;
        (ii) provide the necessary staff support to the Workforce Appeals Board; and
        (iii) make rules necessary for the operations of the Workforce Appeals Board and the

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    efficiency of the adjudicative process as a whole in accordance with Section [35A-1-302]
    35A-1-303.
        (6) To facilitate management of the department, the executive director may establish offices
    necessary to implement this title or to perform functions such as budgeting, planning, data
    processing, and personnel administration.
        Section 216. Section 35A-1-204 (Effective 07/01/97) is amended to read:
         35A-1-204 (Effective 07/01/97). Division directors -- Appointment -- Compensation --
     Qualifications.
        (1) The chief officer of each division within the department shall be a director, who shall
    serve as the executive and administrative head of the division.
        (2) A director shall be appointed by the executive director with the concurrence of the
    governor and may be removed from that position at the will of the executive director.
        (3) A director of a division shall receive compensation as provided by Title 67, Chapter 19,
    Utah State Personnel Management Act.
        (4) (a) A director of a division shall be experienced in administration and possess such
    additional qualifications as determined by the executive director.
        (b) In addition to the requirements of Subsection (4)(a), the director of the Division of
    Adjudication shall be admitted to the practice of law in Utah.
        Section 217. Section 35A-1-205 (Effective 07/01/97) is amended to read:
         35A-1-205 (Effective 07/01/97). Workforce Appeals Board -- Chair -- Appointment --
     Compensation -- Qualifications.
        (1) There is created the Workforce Appeals Board within the department consisting of [three
    members. The board may call, preside at, and order hearings and adjudicate proceedings to review
    an order subject to review by the Workforce Appeals Board under this title] one or more panels to
    hear and decide appeals from the decision of an administrative law judge.
        (2) (a) [The governor shall appoint the members with the advice and consent of the Senate]
    A panel shall consist of three impartial members appointed by the governor as follows:
        (i) the board chair, appointed in accordance with Subsection (5);

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        [(i)] (ii) one member [shall be] appointed to represent employers, in making this
    appointment, the governor shall consider nominations from employer organizations; and
        [(ii)] (iii) one member [shall be] appointed to represent employees, in making this
    appointment, the governor shall consider nominations from employee organizations.
        [(b) At least one member shall be admitted to the practice of law in Utah.]
        [(c)] (b) No more than two members of a panel may belong to the same political party.
        (3) (a) The term of a member shall be six years beginning on March 1 of the year the
    member is appointed, except that[:] the governor shall, at the time of appointment or reappointment,
    adjust the length of terms to ensure that the terms of members are staggered so that approximately
    one third of the members are appointed every two years.
        [(i) the first term of one member of the initial board shall be two years;]
        [(ii) the first term of one member of the initial board shall be four years; and]
        [(iii) the first term of one member of the initial board shall be six years.]
        [(b) The governor shall decide which member of the initial board will serve the terms
    described in Subsection (3)(a).]
        (b) When a vacancy occurs in the membership for any reason, the replacement shall be
    appointed for the unexpired term.
        (c) The governor may remove a member only for inefficiency, neglect of duty, malfeasance
    or misfeasance in office, or other good and sufficient cause.
        (d) A member shall hold office until a successor is appointed and has qualified.
        (4) [A member shall receive compensation as provided by Title 67, Chapter 22, State Officer
    Compensation.] (a) A member of a panel may not receive compensation for the member's services,
    but may receive per diem and expenses incurred in the performance of the member's official duties
    at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
        (b) A member may decline to receive per diem and expenses for the member's service.
        (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive and
    administrative head of the board.
        (b) The chair shall be appointed by the governor to represent the public and may be removed

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    from that position at the will of the governor.
        (c) The chair shall be experienced in administration and possess any additional qualifications
    determined by the governor.
        (6) [A majority of the board shall constitute a quorum to transact business. A single vacancy
    shall not impair the right of the remaining members to exercise all the powers of the board while the
    vacancy exists.] (a) The chair shall designate an alternative from a panel appointed under this
    section:
        (i) in the absence of a regular member; or
        (ii) if the regular member has a conflict of interest.
        (b) Each case shall be decided by a full three-member panel.
        (7) The department shall provide the Workforce Appeals Board necessary staff support,
    except, the board may employ, retain, or appoint legal counsel.
        Section 218. Section 35A-1-206 (Effective 07/01/97) is amended to read:
         35A-1-206 (Effective 07/01/97). State Council on Workforce Services -- Appointment
     -- Membership -- Terms of members -- Compensation.
        (1) There is created a State Council on Workforce Services that shall:
        (a) perform the activities described in Subsection (8);
        (b) advise on issues requested by the department and the Legislature; and
        (c) make recommendations to the department regarding:
        (i) the implementation of Chapters 2, [8] 3, and [9, and] 5;
        (ii) the job placement functions under Chapter 4; and
        (iii) the coordination of apprenticeship training.
        (2) (a) The council shall consist of the following voting members:
        (i) each chair of a regional workforce services council appointed under Section 35A-2-103;
        (ii) the superintendent of public instruction or the superintendent's designee;
        (iii) the commissioner of higher education or the commissioner's designee; and
        (iv) the following members appointed by the governor in consultation with the executive
    director;

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        (A) [three] four representatives of small employers as defined by rule by the department;
        (B) [three] four representatives of large employers as defined by rule by the department;
        (C) four representatives of employees or employee organizations, including at least one
    representative from nominees suggested by public employees organizations;
        (D) two representatives of the clients served under this title including community-based
    organizations; [and]
        (E) a representative of veterans in the state; and
        (F) the executive director of the Utah State Office of Rehabilitation.
        (b) The following shall serve as nonvoting ex officio members of the council:
        (i) the executive director or the executive director's designee;
        (ii) a legislator appointed by the governor from nominations of the speaker of the House of
    Representatives and president of the Senate;
        (iii) the executive director of the Department of Human Services;
        (iv) the executive director of the Department of Community and Economic Development;
    and
        [(v) the executive director of the Utah State Office of Rehabilitation; and]
        [(vi)] (v) the executive director of the Department of Health.
        (3) (a) The governor shall appoint one nongovernmental member from the council to be the
    chair.
        (b) The chair shall serve at the pleasure of the governor.
        (4) (a) A member appointed by the governor shall serve a term of four years and may be
    reappointed to one additional term.
        (b) A member shall continue to serve until the member's successor has been appointed and
    qualified.
        [(c) The governor shall stagger the terms of the members so that at least three but not more
    than five of the voting members' terms expires each year on June 30 of even years.]
        (c) Except as provided in Subsection (4)(d), as terms of council members expire, the
    governor shall appoint each new member or reappointed member to a four-year term.

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        (d) Notwithstanding the requirements of Subsection (4)(c), the governor shall, at the time
    of appointment or reappointment, adjust the length of terms to ensure that the terms of council
    members are staggered so that approximately one half of the council is appointed every two years.
        (e) When a vacancy occurs in the membership for any reason, the replacement shall be
    appointed for the unexpired term.
        (5) A majority of the voting members constitutes a quorum for the transaction of business.
        [(6) Members may be entitled to per diem compensation and reimbursement for travel
    expenses established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.]
        (6) (a) (i) A public member may not receive compensation for the member's services, but
    may receive per diem and expenses incurred in the performance of the member's official duties at
    the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) A public member may decline to receive per diem and expenses for the member's
    service.
        (b) (i) A state government member who does not receive salary, per diem, or expenses from
    the state for the member's service may receive per diem and expenses incurred in the performance
    of the member's official duties as a member at the rates established by the Division of Finance under
    Sections 63A-3-106 and 63A-3-107.
        (ii) A state government member who is a member because of the member's state government
    position may not receive per diem or expenses for the member's service.
        (iii) A state government member may decline to receive per diem and expenses for the
    member's service.
        (c) A legislator on the council shall receive compensation and expenses as provided by law
    and legislative rule.
        (d) (i) A higher education member who does not receive salary, per diem, or expenses from
    the entity that the member represents for the member's service may receive per diem and expenses
    incurred in the performance of the member's official duties from the council at the rates established
    by the Division of Finance under Sections 63A-3-106 and 63A-107.
        (e) (i) A local government member who does not receive salary, per diem, or expenses from

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    the entity that the member represents for the member's service may receive per diem and expenses
    incurred in the performance of the member's official duties at the rates established by the Division
    of Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) A local government member may decline to receive per diem and expenses for the
    member's service.
        (7) The department shall provide staff and administrative support to the council at the
    direction of the executive director.
        (8) The council shall:
        (a) develop a state workforce services plan in accordance with Section 35A-1-207;
        (b) review regional workforce services plans to certify consistency with state policy
    guidelines;
        (c) work cooperatively with regional councils on workforce services to oversee regional
    workforce services area operations and to ensure that services are being delivered in accordance with
    regional workforce services plans;
        (d) oversee the [division's] department's provision of technical assistance to the regional
    workforce services areas;
        (e) evaluate program performance, customer satisfaction, and other indicators to identify
    program strengths and weaknesses;
        (f) based on the evaluation conducted under Subsection (8)(e) develop plans to improve
    program outcomes;
        (g) improve the understanding and visibility of state workforce services efforts through
    external and internal marketing strategies;
        (h) make an annual report of accomplishments to the governor and the Legislature related
    to the activities of the [Division of Employment Development, and] department;
        (i) issue [any] other studies, reports, or documents the council considers advisable that are
    not required under Subsection (8)(h);
        [(i)] (j) coordinate the planning and delivery of workforce development services with public
    education, higher education, vocational rehabilitation, and human services; and

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        [(j)] (k) perform other responsibilities within the scope of workforce services as requested
    by:
        (i) the Legislature[,];
        (ii) the governor[,]; or
        (iii) the executive director.
        Section 219. Section 35A-1-207 (Effective 07/01/97) is amended to read:
         35A-1-207 (Effective 07/01/97). State and regional workforce services plans.
        (1) The State Council on Workforce Services shall annually develop a state workforce
    services plan that shall include:
        (a) projected analysis of the workforce needs of employers and clients;
        (b) policy standards in programs and process when required by statute or considered
    necessary by the council that ensure statewide program consistency among regional workforce
    services areas;
        (c) state outcome-based standards for measuring program performance to ensure equitable
    service to all clients;
        (d) state oversight systems to review regional compliance with state policies;
        (e) elements of regional workforce services plans that relate to statewide initiatives and
    programs;
        (f) strategies to ensure program responsiveness, universal access, [united] unified case
    management; [and]
        (g) [an absence of] strategies to eliminate unnecessary barriers to access services; and
        (h) strategies to provide assistance to employees facing employment dislocation and their
    employers.
        (2) Regional councils on workforce services shall annually develop a regional workforce
    services plan to be followed by the regional director in administering services. The plan shall
    include:
        (a) a projected analysis of the regional workforce needs of employers and clients;
        (b) assurances that state policy standards will be incorporated into the regional workforce

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    services design;
        (c) a regional budget outlining administration and customer support and services
    expenditures;
        (d) the location of employment [assistance] centers and staff levels to deliver services;
        (e) the services to be provided including assessment and support services, job training
    options, job placement, and employer outreach;
        (f) identification of targeted occupations for which training will be approved;
        (g) regional outcome-based performance standards that ensure equitable services to all
    clients;
        (h) regional oversight processes that include a process to evaluate program effectiveness and
    develop plans to improve programs; [and]
        (i) internal and external marketing strategies to improve the understanding and visibility of
    regional workforce service efforts[.];
        (j) coordination of apprenticeship training; and
        (k) strategies to provide assistance to employees facing employment dislocation and their
    employers.
        (3) For purposes of this section, outcome measures shall:
        (a) be based on:
        (i) clients[,];
        (ii) quality of service[,]; and
        (iii) successful resolution of issues that result in long-term employment for potential
    employees and a qualified workforce for employers; and
        (b) include:
        (i) unemployment rates[,];
        (ii) placement rates[,];
        (iii) number of employees placed that are still employed after 12 months[,]; and
        (iv) changes in participation in [stabilization] employment assistance programs.
        (4) In targeting occupations under Subsection (2)(f), the council shall consider:

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        (a) wages[,];
        (b) benefits[,];
        (c) the full range of potential employee or employer needs[,];
        (d) economic development initiatives[,]; and
        (e) any other issues the council considers appropriate.
        Section 220. Section 35A-1-209, which is renumbered from Section 35A-1-403 is
    renumbered and amended to read:
         [35A-1-403].     35A-1-209. Employment decisions.
        It is the intent of the Legislature that:
        (1) In any employment decisions necessary to implement [this act] the Department of
    Workforce Services, and in compliance with Title 67, Chapter 19, Utah State Personnel Management
    Act:
        (a) as between the employees listed in Subsections (1)(a)(i) through (iii), a preference will
    not be given to [either]:
        (i) state employees [over];
        (ii) county employees; or [to county employees over state]
        (iii) employees of programs authorized by Section 35A-3-1102;
        (b) objective criteria shall be developed in making the employment decisions and applied
    equally in an unbiased manner to employees of the state or counties; and
        (c) except as provided in Subsection (3), all personnel shall be employed on a nonpartisan,
    merit basis, and shall be governed by all applicable state, county, and federal personnel management
    and merit regulations.
        (2) For purposes of Subsection (1):
        (a) "State employee" means an employee of the state or of a program designated by the state
    as a provider of services under this title.
        (b) "County employee" means an employee of the county or of a program designated by the
    county as a provider of services under this title.
        (3) The following are exempt from the requirements of Subsection (1)(c):

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        (a) the executive director;
        (b) a deputy director appointed under Section 35A-1-201;
        [(b)] (c) division directors;
        [(c)] (d) members of the Workforce Appeals Board; [and]
        [(d)] (e) directors of regional workforce services areas[.];
        (f) the director of the Office of Child Care; and
        (g) any person appointed under this title that reports directly to the executive director or a
    deputy director.
        Section 221. Section 35A-1-301 (Effective 07/01/97) is amended to read:
         35A-1-301 (Effective 07/01/97). Presiding officers for adjudicative proceedings --
     Subpoenas -- Independent judgment -- Consolidation -- Record -- Notice of order.
        (1) (a) The executive director shall authorize the Division of Adjudication to call, assign a
    presiding officer, and conduct hearings and adjudicative proceedings when an application for a
    proceeding is filed with the Division of Adjudication under this title.
        (b) The director of the Division of Adjudication or the director's designee may issue
    subpoenas. Failure to respond to a properly issued subpoena may result in a contempt citation and
    offenders may be punished as provided in Section 78-32-15.
        (c) Witnesses subpoenaed under this section are allowed fees as provided by law for
    witnesses in the district court of the state. The fees shall be paid as follows:
        (i) The witness fees shall be paid by the state unless the witness is subpoenaed at the instance
    of a party other than the department.
        (ii) Notwithstanding Subsection (1)(c)(i), if the subpoena is issued under Chapter 4,
    Employment Security Act, the fees are part of the expense of administering that chapter.
        (d) A presiding officer assigned under this section may not participate in any case in which
    the presiding officer is an interested party. Each decision of a presiding officer shall represent the
    presiding officer's independent judgment.
        (2) [When] In the judgment of the presiding officer having jurisdiction of the proceedings
    the consolidation would not be prejudicial to any party, when the same or substantially similar

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    evidence is relevant and material to the matters in issue in more than one proceeding[,]:
        (a) the presiding officer may fix the same time and place for considering each matter [may
    be fixed, hearings];
        (b) jointly [conducted,] conduct hearings;
        (c) make a single record of the proceedings [made,]; and
        (d) consider evidence introduced with respect to one proceeding [considered] as introduced
    in the others [if in the judgment of the presiding officer having jurisdiction of the proceedings, the
    consolidation would not be prejudicial to any party].
        (3) (a) [A] The director shall keep a full and complete record [shall be kept] of all
    adjudicative proceedings in connection with a disputed matter.
        (b) All testimony at any hearing [upon a disputed matter] shall be [reported] recorded but
    need not be transcribed unless the disputed matter is appealed. If a party requests transcription, the
    transcription shall be provided at the party's expense.
        (c) All records on appeals shall be maintained in the offices of the Division of Adjudication.
    The records shall include an appeal docket showing the receipt and disposition of the appeals.
        (4) A party in interest shall be given notice of the entry of a presiding officer's order or any
    order or award of the department. The mailing of the copy of the order or award to the last-known
    address in the files of the department of a party in interest and to the attorneys or agents of record
    in the case, if any, is considered to be notice of the order.
        (5) In any formal adjudication proceeding, the presiding officer may take any action
    permitted under Section 63-46b-8.
        Section 222. Section 35A-1-302 (Effective 07/01/97) is amended to read:
         35A-1-302 (Effective 07/01/97). Review of administrative order -- Finality of
     Workforce Appeals Board's order.
        (1) An order entered by an administrative law judge under this title is the final decision of
    the department unless a further appeal is initiated under this title and in accordance with the rules
    of the department governing the review.
        (2) The order of the Workforce Appeals Board [or one of the review panels appointed under

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    Section 35A-1-307] on review is final, unless set aside by the court of appeals.
        (3) If an order is appealed to the court of appeals after the party appealing the order has
    exhausted all administrative appeals, the court of appeals has jurisdiction to review, reverse, or annul
    any order of the Workforce Appeals Board, or to suspend or delay the operation or execution of the
    order of the Workforce Appeals Board being appealed.
        Section 223. Section 35A-1-304 (Effective 07/01/97) is repealed and reenacted to read:
         35A-1-304 (Effective 07/01/97). Review authority of the Workforce Appeals Board.
        (1) (a) In accordance with this title and Title 63A, Chapter 46b, Administrative Procedures
    Act, the Workforce Appeals Board may allow an appeal from a decision of an administrative law
    judge if a motion for review is filed with the Division of Adjudication within the designated time
    by any party entitled to the notice of the administrative law judge's decision.
        (b) An appeal filed by the party shall be allowed as of right if the decision did not affirm the
    decision of an administrative law judge being appealed.
        (c) If the Workforce Appeals Board denies an application for appeal from the decision of
    an administrative law judge, the decision of the administrative law judge is considered a decision
    of the Workforce Appeals Board for purposes of judicial review and is subject to judicial review if
    further appeal is initiated under this title.
        (2) On appeal, the Workforce Appeals Board may on the basis of the evidence previously
    submitted in the case, or upon the basis of any additional evidence it requires:
        (a) affirm the decision of the administrative law judge;
        (b) modify the decision of the administrative law judge; or
        (c) reverse the findings, conclusions, and decision of the administrative law judge.
        (3) The Workforce Appeals Board shall promptly notify the parties to any proceedings
    before it of its decision, including its findings and conclusions, and the decision is a final order of
    the department unless within 30 days after the date the decision of the Workforce Appeals Board is
    issued, further appeal is initiated under this title.
        Section 224. Section 35A-1-305 (Effective 07/01/97) is amended to read:
         35A-1-305 (Effective 07/01/97). Independence of Workforce Appeals Board.

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        [(1)] A member of the Workforce Appeals Board may not participate in any case in which
    the member is an interested party. Each decision of a member of the Workforce Appeals Board shall
    represent the member's independent judgment.
        [(2) If a member of the Workforce Appeals Board may not participate in a case because the
    member is an interested party, the two members of the Workforce Appeals Board that may hear the
    case shall assign an individual appointed to serve on the review panels under Section 35A-1-307 to
    participate as a member of the board in that case.]
        Section 225. Section 35A-1-307 (Effective 07/01/97) is repealed and reenacted to read:
         35A-1-307 (Effective 07/01/97). Scope of part.
        This part does not apply to adjudication under:
        (1) Chapter 3, Employment Support Act; or
        (2) Chapter 5, Part 11, Job Training Coordination Act.
        Section 226. Section 35A-2-101 (Effective 07/01/97) is amended to read:
         35A-2-101 (Effective 07/01/97). Regional workforce services areas -- Creation.
        (1) (a) The executive director jointly with the Utah Association of Counties shall establish
    regional workforce services areas to furnish the services described in Section 35A-2-201.
        (b) In establishing regional workforce services areas, the executive director and the Utah
    Association of Counties shall seek input from:
        (i) state and local government agencies and departments;
        (ii) the groups representing public employees;
        (iii) employers, business, education, and other entities affected by the structure of the
    regional workforce services areas; and
        (iv) the public.
        (2) In establishing the regional workforce services areas, the executive director and the Utah
    Association of Counties shall consider:
        (a) areas comprised of multiple counties;
        (b) the alignment of transportation and other infrastructure or services;
        (c) the interdependence of the economy within a geographic area;

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        (d) the ability to develop regional marketing and economic development programs;
        (e) the labor market areas;
        (f) the population of the area;
        (g) the number of individuals in the previous year receiving:
        (i) services under Chapter [8] 3, [Support and Services] Employment Support Act; and
        (ii) benefits under Chapter 4, Employment Security Act; and
        (h) other factors that relate to the management of the programs administered or that relate
    to the delivery of services provided under this title.
        Section 227. Section 35A-2-102 (Effective 07/01/97) is amended to read:
         35A-2-102 (Effective 07/01/97). Directors of regional workforce services areas --
     Appointment.
        (1) The chief officer of each regional workforce services area shall be a director, who shall
    serve as the executive and administrative head of the regional workforce services area.
        (2) A director:
        (a) shall be appointed jointly by the executive director and [the] all regional [council]
    councils on workforce services established in the regional workforce services area under Section
    35A-2-103; and
        (b) may be removed from that position at the will of the executive director.
        (3) A director of a regional workforce services area shall be experienced in administration
    and possess such additional qualifications as determined by the executive director, and as provided
    by law.
        (4) The director shall:
        (a) report annually to [the] all regional [council] councils on workforce services established
    in the regional workforce services area under Section 35A-2-103 concerning the delivery of services
    in the regional workforce services area; and
        (b) work with the council established in the regional workforce services area under Section
    35A-2-103 in developing the regional plan as outlined in Subsection 35A-1-207(2) on:
        (i) regional planning priorities;

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        (ii) training priorities; and
        (iii) locations of employment [assistance] centers.
        Section 228. Section 35A-2-103 (Effective 07/01/97) is amended to read:
         35A-2-103 (Effective 07/01/97). Regional council on workforce services -- Appointment
     -- Membership -- Terms of members -- Compensation.
        (1) [In] The executive director shall jointly with all of the consortium of counties in the
    regional workforce services area, establish one or more regional councils on workforce services in
    each regional workforce services area [there is created a]. A regional council on workforce services
    [that] shall:
        (a) perform the functions described in Subsection (9);
        (b) work with the regional director, the department, the consortium of counties, and the State
    Council on Workforce Services on issues requested by the director of the regional workforce services
    area or the department; and
        (c) make recommendations to the regional workforce services area and department
    regarding:
        (i) the implementation of Chapters 2, [8] 3, and [9, and] 5;
        (ii) the job placement functions under Chapter 4; and
        (iii) coordination of apprenticeship training.
        (2) Unless otherwise specified in this Subsection (2), members of a regional council on
    workforce services shall be appointed by the consortium of counties that covers the same geographic
    area as the regional council in the regional workforce services area, in consultation with the regional
    director, and shall consist of the following:
        (a) the voting members are:
        (i) [three] eight representatives of private sector small employers as defined by rule by the
    department;
        (ii) [three] eight representatives of private sector large employers as defined by rule by the
    department;
        (iii) two representatives of employees including employee organizations and including at

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    least one representative from nominees suggested by public employees organizations in the region;
        (iv) two representatives of clients including community-based organizations;
        (v) one representative from organized labor not representing public employees;
        [(v)] (vi) three county commissioners from the counties in the regional workforce services
    area;
        [(vi)] (vii) a representative of public education appointed jointly by the school district
    superintendents in the region;
        [(vii)] (viii) a representative of higher education appointed jointly by the presidents of the
    institutions of higher education in the region; [and]
        [(viii)] (ix) a representative of veterans;
        (x) a representative of the Office of Rehabilitation; and
        (xi) an individual who works for or is a member of an economic development board or
    committee of the state or one of its political subdivisions; and
        (b) ex officio nonvoting members are:
        (i) a representative of applied technology;
        [(ii) a representative of the Office of Rehabilitation;]
        [(iii)] (ii) a representative of the Department of Human Services; and
        [(iv)] (iii) a representative of the Department of Health.
        (3) The director of the regional workforce services area shall be a nonvoting ex officio
    member of the council and provide any necessary staff support for the council.
        (4) (a) The consortium of counties in the regional workforce services area that appoints the
    council shall, in consultation with the regional director, appoint a member of the council to be the
    chair of the council to serve [a term of four years] no more than two one-year terms.
        (b) The chair shall be a representative of private sector employers[, a representative of
    private employees, or a representative of clients].
        [(5) (a) The term of a member shall be four years, except that the consortium of counties in
    the regional workforce services area shall stagger the terms of the initial members so that at least
    three but not more than five of the members' terms expires each year on June 30 of that year.]

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        (5) (a) (i) Except as provided in Subsection (5)(a)(ii), as terms of council members expire,
    the consortium of counties in the regional workforce services area that appoints the council shall,
    in consultation with the regional director, appoint each new member or reappointed member to a
    four-year term.
        (ii) Notwithstanding the requirements of Subsection (5)(a)(i), the consortium of counties in
    the regional workforce services area that appoints the council shall, in consultation with the regional
    director, at the time of appointment or reappointment, adjust the length of terms to ensure that the
    terms of council members are staggered so that approximately one half of the council is appointed
    every two years.
        (iii) When a vacancy occurs in the membership for any reason, the replacement shall be
    appointed for the unexpired term.
        (b) At the expiration of the term of a council member or if a vacancy occurs on the council,
    the consortium of counties in the regional workforce services area shall appoint a replacement to the
    council, in consultation with the regional director.
        (c) A member shall continue to serve as a member until the member's successor has been
    appointed and qualified.
        (d) A member is eligible for reappointment.
        (e) The consortium of counties in the regional workforce services area that appoints the
    council shall appoint, in consultation with the regional director, an individual to replace a council
    member for the remainder of the term of the council member being replaced if the council member:
        (i) ceases to be representative as designated by the original appointment; or
        (ii) fails to attend three [committee] council meetings, if each of the three absences are not
    excused by the chair prior or during the meeting.
        (6) (a) A majority of the voting members constitutes a quorum for the transaction of
    business.
        (b) [A] Notwithstanding Subsection (6)(a), a majority of the private sector representatives
    shall be present for business to be transacted.
        [(7) A member of the council shall serve without pay, but is entitled to all necessary

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    expenses incurred in attending any meetings called by the council or department as provided in
    Section 63A-3-107.]
        (7) (a) (i) A public member may not receive compensation for the member's services, but
    may receive per diem and expenses incurred in the performance of the member's official duties at
    the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) A public member may decline to receive per diem and expenses for the member's
    service.
        (b) (i) A state government member who does not receive salary, per diem, or expenses from
    the state for the member's service may receive per diem and expenses incurred in the performance
    of the member's official duties as a member at the rates established by the Division of Finance under
    Sections 63A-3-106 and 63A-3-107.
        (ii) A state government member who is a member because of the member's state government
    position may not receive per diem or expenses for the member's service.
        (iii) A state government member may decline to receive per diem and expenses for the
    member's service.
        (c) A higher education member who does not receive salary, per diem, or expenses from the
    entity that the member represents for the member's service may receive per diem and expenses
    incurred in the performance of the member's official duties from the council at the rates established
    by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
        (d) (i) A local government member who does not receive salary, per diem, or expenses from
    the entity that the member represents for the member's service may receive per diem and expenses
    incurred in the performance of the member's official duties at the rates established by the Division
    of Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) A local government member may decline to receive per diem and expenses for the
    member's service.
        (8) The regional council shall annually provide the consortium of counties that appoints the
    council a written report that shall include the information concerning the elements of the regional
    plan described in Subsection 35A-2-102(4)(b).

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        (9) The regional councils on workforce services shall:
        (a) determine the locations of employment [assistance] centers in accordance with Section
    35A-2-203;
        (b) develop a regional workforce services plan in accordance with Section 35A-1-207;
        (c) develop training priorities for the region;
        (d) work cooperatively with the State Council on Workforce Services to oversee regional
    workforce services areas operations and to ensure that services are being delivered in accordance
    with regional workforce services plans;
        (e) [jointly with the executive director appoint the regional workforce services area director]
    address concerns within the regional workforce services area related to apprenticeship training
    coordination;
        (f) coordinate the planning and delivery of workforce [developments] development services
    with public education, higher education, vocational rehabilitation, and human services; and
        (g) report annually to the State Council on Workforce Services.
        Section 229. Section 35A-2-201 (Effective 07/01/97) is amended to read:
         35A-2-201 (Effective 07/01/97). Services provided at regional workforce services area.
        (1) Regional workforce services areas shall:
        (a) through its employment [assistance] centers, be the primary provider of:
        (i) benefits under [Chapter 4, Employment Security Act] Section 35A-4-504; and
        (ii) services and support under Chapter [8] 3, [Services and] Employment Support Act;
        (b) broker or contract for services or training under Chapter [9] 5, Training[,
    Reemployment,] and Workforce Improvement Act; and
        (c) serve as a regional clearinghouse of information concerning workforce development and
    services and support available under this title.
        (2) (a) In providing, brokering, or contracting for the services or training described in
    Subsection (1)(b), the regional director of a regional workforce services area in consultation with the
    executive director shall ensure that the regional workforce services area provides, brokers, or
    contracts for services and training that meets the needs of the special needs population in the regional

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    workforce services area.
        (b) For purposes of Subsection (2)(a), "special needs population" means individuals who
    have special employment needs based on factors including race, gender, age, economic status,
    education, language skills, and work history.
        Section 230. Section 35A-2-202 (Effective 07/01/97) is amended to read:
         35A-2-202 (Effective 07/01/97). Single employment advisor -- Specialization --
     Employment plan.
        (1) At each employment [assistance] center of a regional workforce services area established
    under Section 35A-2-101 there shall be employed one or more employment advisors.
        (2) A client shall be assigned one employment advisor, except that the department may
    provide services in an expedited manner to a client who needs only limited services under this title
    without the assignment of an employment advisor.
        (3) An employment advisor shall:
        (a) develop an employment plan jointly with the client; and
        (b) coordinate any services provided, brokered, or contracted for by the department to that
    client.
        (4) The employment advisor assigned to a client may be selected because of the employment
    advisor's experience or knowledge in the benefits or services available under the title that best meet
    the specific needs of the client and the employment advisor's skills in working with groups of clients
    to develop plans leading to self-sufficiency.
        (5) (a) An employment advisor shall be trained in the requirements of and benefits or
    services provided through employment centers in at least one of the following:
        (i) Chapter [4] 3, Employment [Security] Support Act;
        (ii) [Chapter 8, Services and Support] Section 35A-4-504; and
        (iii) Chapter [9] 5, Training[, Reemployment,] and Workforce Improvement.
        (b) At the discretion of the director of a regional workforce services area, an employment
    advisor may receive special training in the requirements of or providing services under the [chapters]
    statutes listed in Subsection (5)(a).

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        (6) (a) A client employment plan may include:
        (i) services and support necessary for stabilization;
        (ii) assessment and training; and
        (iii) placement.
        (b) The client employment plan shall consider the job opportunities available to the client
    based on the job market.
        (c) The client employment plan shall [include outcome-based measures as defined by the
    state and regional councils on workforce development] be outcome-focused.
        Section 231. Section 35A-2-203 (Effective 07/01/97) is amended to read:
         35A-2-203 (Effective 07/01/97). Employment centers.
        (1) In each county within a regional workforce services area, the regional council on
    workforce services shall:
        (a) designate the location of one or more employment [assistance] centers, as defined in
    Section 35A-1-102, in which the services are provided by the [regional workforce services area]
    department; or
        (b) coordinate with the department to establish access to the services provided by the
    department by means other than an employment center.
        (2) An employment [assistance] center shall provide a comprehensive program of
    employment services including job placement, job development, stabilization, assessment, and job
    training[, and placement] through its employment advisors as part of a system of unified case
    management.
        (3) [If physically locating all services of the regional workforce services area in a single
    location is not feasible,] The department may make services [not located within the center shall be]
    that are provided through employment centers under this section accessible through electronic
    linkage.
        Section 232. Section 35A-3-1101 (Effective 07/01/97), which is renumbered from Section
    35A-8-101 (Effective 07/01/97) is renumbered and amended to read:
    
CHAPTER 3. EMPLOYMENT SUPPORT ACT


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         [35A-8-101 (Effective 07/01/97)].     35A-3-1101 (Effective 07/01/97). Title --
     Employment assistance.
        (1) This chapter shall be known as the "Employment Support Act."
        (2) A person eligible for [services or support] employment assistance under [Title 62A,]
    Chapter [9] 3 or 5, [Public Assistance,] or Section 35A-4-504 shall receive any assistance under
    [that] the applicable chapter or section, including stabilization, assessment, training, or placement,
    through the [Department of Workforce Services as part of that person's employment plan determined
    under Title 35A,] department in accordance with Chapter 2, Part 2, Service Delivery.
        Section 233. Section 35A-3-1102, which is renumbered from Section 53A-15-204 is
    renumbered and amended to read:
         [53A-15-204].     35A-3-1102. Programs for displaced homemakers.
        (1) For purposes of this section, "displaced homemaker" means an individual [who]:
        (a) who has been a homemaker for a period of eight or more years without significant gainful
    employment outside the home[, and];
        (b) whose primary occupation during [that] the period of time described in Subsection (1)(a)
    was the provision of unpaid household services for family members;
        [(b)] (c) has found it necessary to enter the job market [but];
        (d) is not reasonably capable of obtaining employment sufficient to provide self-support or
    necessary support for dependents, due to a lack of marketable job skills or other skills necessary for
    self-sufficiency; and
        [(c)] (e) has depended on:
        (i) the income of a family member and lost that income; or [has depended on]
        (ii) governmental assistance as the parent of dependent children and is no longer eligible for
    that assistance.
        (2) The [State Board for Applied Technology Education] department shall establish, in
    cooperation with state and local governmental agencies, community-based organizations, and private
    employers, a program for the education, training, and transitional counseling of displaced
    homemakers, which includes referral services and the following services:

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        (a) employment and skills training, career counseling, and placement services specifically
    designed to address the needs of displaced homemakers;
        (b) assistance in obtaining access to existing public and private employment training
    programs;
        (c) educational services, including information on high school or college programs, or
    assistance in gaining access to existing educational programs;
        (d) health education and counseling, or assistance in gaining access to existing health
    education and counseling services;
        (e) financial management services which provide information on insurance, taxes, estate and
    probate matters, mortgages, loans, and other financial issues; and
        (f) prevocational self-esteem and assertiveness training.
        (3) The [State Board for Applied Technology Education] department shall:
        (a) (i) contract with existing governmental or private agencies or community-based
    organizations [which] that have demonstrated effectiveness in serving displaced homemakers to
    provide a program for displaced homemakers in each county or group of counties, as the population
    demands; or
        (ii) [if no such program exists, that board may] establish a program for displaced
    homemakers in that area;
        [(iii) displaced homemakers may act as peer counselors in programs for displaced
    homemakers; and]
        (b) coordinate its program for displaced homemakers with existing state or federal programs
    of a similar nature and, where possible, utilize existing physical resources;
        (c) establish rules to implement this section, and may form an advisory committee for
    recommendations on the establishment and improvement of a program for displaced homemakers;
        (d) encourage the placement of displaced homemakers in programs established under:
        (i) the Job Training Partnership Act, 29 U.S.C. Section 1501[,]; and [under]
        (ii) the Carl D. Perkins Vocational Education Act, 20 U.S.C. Section 2301, et seq.; and
        (e) prepare an evaluation of its program for displaced homemakers, including the success

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    of placement of displaced homemakers in programs described in this section, and annually submit
    a written report of that evaluation to the Legislature.
        (4) Displaced homemakers may act as peer counselors in programs for displaced
    homemakers.
        [(4)] (5) (a) Appropriate funds received by the state under Section 17-5-214 shall be
    deposited as nonlapsing dedicated credits and used for the purposes of this section.
        (b) [However] Notwithstanding Subsection (5)(a), if the nonlapsing amount exceeds
    $300,000 at the end of any fiscal year, the excess shall lapse into the General Fund.
        [(5)] (6) The [State Board for Applied Technology Education] department shall establish
    procedures for payment and repayment, when possible, by [recipients] clients to [that board] the
    department of the costs of services provided to displaced homemakers under this section[, when
    possible].
        Section 234. Section 35A-3-1201 (Effective 07/01/97), which is renumbered from Section
    35A-8-201 (Effective 07/01/97) is renumbered and amended to read:
         [35A-8-201 (Effective 07/01/97)].     35A-3-1201 (Effective 07/01/97). Definitions.
        As used in this part:
        (1) "Committee" means the Child Care Advisory Committee created in Section [35A-8-205]
    35A-3-1205.
        (2) "Director" means the director of the Office of Child Care.
        (3) "Office" means the Office of Child Care created in Section [35A-8-202] 35A-3-1202.
        Section 235. Section 35A-3-1202 (Effective 07/01/97), which is renumbered from Section
    35A-8-202 (Effective 07/01/97) is renumbered and amended to read:
         [35A-8-202 (Effective 07/01/97)].     35A-3-1202 (Effective 07/01/97). Creation.
        (1) There is created within the Division of [Employment Development] Workforce
    Information and Payment Services an Office of Child Care.
        (2) The office shall be administered by a director who shall be appointed by the executive
    director and may be removed from that position at the will of the executive director.
        Section 236. Section 35A-3-1203 (Effective 07/01/97), which is renumbered from Section

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    35A-8-203 (Effective 07/01/97) is renumbered and amended to read:
         [35A-8-203 (Effective 07/01/97)].     35A-3-1203 (Effective 07/01/97). Functions and
     duties of office.
        The office shall:
        (1) provide [a central location for the collection and dissemination of] information:
        (a) to employers for the development of options for child [day] care in the work place; and
        (b) for educating the public in obtaining quality child care;
        (2) coordinate [with the private and public sectors in creating a network of resource and
    referral] services for quality child [day] care training and child care resource and referral care
    services;
        (3) apply for, accept, or expend gifts or donations from public or private sources;
        (4) provide administrative support services to the committee;
        (5) [coordinate, plan, and evaluate] work collaboratively with the following for the delivery
    of quality child [day] care and early childhood [development services] programs, and school age
    programs in the state [with]:
        (a) the State Board of Education [and the Departments];
        (b) the Department of Human Services[,];
        (c) the Department of Community and Economic Development[,]; and
        (d) the Department of Health;
        (6) recommend to the Legislature legislation that will further the purposes of the office and
    child [day] care [and], early childhood programs, and school age programs; and
        (7) provide planning and technical assistance for the development and implementation of
    [pilot] programs in communities [which] that lack child [day] care [and], early childhood programs,
    and school age programs.
        Section 237. Section 35A-3-1204 (Effective 07/01/97), which is renumbered from Section
    35A-8-204 (Effective 07/01/97) is renumbered and amended to read:
         [35A-8-204 (Effective 07/01/97)].     35A-3-1204 (Effective 07/01/97). Duties of director.
        The director shall:

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        (1) enforce rules made by the department regulating the use of services provided by the
    office;
        (2) supervise office staff and prepare an annual work plan; and
        [(3) be the executive secretary to the committee; and]
        [(4)] (3) apply for, accept, and expend gifts or donations from public or private sources to
    assist the office in fulfilling its statutory obligations.
        Section 238. Section 35A-3-1205 (Effective 07/01/97), which is renumbered from Section
    35A-8-205 (Effective 07/01/97) is renumbered and amended to read:
         [35A-8-205 (Effective 07/01/97)].     35A-3-1205 (Effective 07/01/97). Creation of
     committee.
        (1) There is created a Child Care Advisory Committee.
        (2) The committee shall counsel and advise the office in fulfilling its statutory obligations.
        (3) The committee shall be composed of 13 members as follows:
        (a) [two experts] one expert in early childhood development appointed by the [governor]
    executive director in accordance with Subsection (4);
        (b) one [day] child care provider who operates a center appointed by the [governor]
    executive director in accordance with Subsection (4);
        (c) one child care provider who operates a family child care business appointed by the
    executive director in accordance with Subsection (4);
        [(c)] (d) one parent of preschool or elementary school-aged children appointed by the
    [governor] executive director in accordance with Subsection (4);
        [(d)] (e) one representative of the Department of Human Services;
        [(e)] (f) one representative of the State Office of Education;
        [(f)] (g) one representative of the Department of Health;
        [(g) one representative] (h) two representatives from the corporate community appointed
    by the [governor] executive director in accordance with Subsection (4);
        [(h) one representative] (i) two representatives from the small business community
    appointed by the [governor] executive director in accordance with Subsection (4); [and]

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        [(i) four representatives] (j) one representative from child care advocacy groups appointed
    by the [governor] executive director in accordance with Subsection (4); and
        (k) one representative from the Division of Employment Development appointed by the
    executive director in accordance with Subsection (4).
        (4) Of those members appointed by the [governor] executive director under Subsection (3),
    no more than four may be from the same political party.
        (5) (a) Except as required by Subsection (5)(b), as terms of current committee members
    expire, the [governor] executive director shall appoint each new member or reappointed member to
    a four-year term.
        (b) Notwithstanding the requirements of Subsection (5)(a), the [governor] executive director
    shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
    of committee members are staggered so that approximately half of the committee is appointed every
    two years.
        (6) When a vacancy occurs in the membership for any reason, the replacement shall be
    appointed for the unexpired term.
        (7) A majority of the members constitutes a quorum for the transaction of business.
        (8) The [governor] executive director shall select a chair from the committee membership.
    The chair's term of office expires on April 1 of each year and a chair may serve no more than two
    one-year terms as chair.
        (9) (a) (i) Members who are not government employees [shall] may not receive [no]
    compensation or benefits for their services, but may receive per diem and expenses incurred in the
    performance of the member's official duties at the rates established by the Division of Finance under
    Sections 63A-3-106 and 63A-3-107.
        (ii) Members may decline to receive per diem and expenses for their service.
        (b) (i) State government officer and employee members who do not receive salary, per diem,
    or expenses from their agency for their service may receive per diem and expenses incurred in the
    performance of their official duties from the committee at the rates established by the Division of
    Finance under Sections 63A-3-106 and 63A-3-107.

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        (ii) State government officer and employee members may decline to receive per diem and
    expenses for their service.
        Section 239. Section 35A-3-1206 (Effective 07/01/97), which is renumbered from Section
    35A-8-206 (Effective 07/01/97) is renumbered and amended to read:
         [35A-8-206 (Effective 07/01/97)].     35A-3-1206 (Effective 07/01/97). Expendable trust
     fund -- Use of monies -- Committee and director duties -- Restrictions.
        (1) There is created an expendable trust fund known as the [Office of] Child Care
    Expendable Trust Fund.
        (2) The executive director shall administer the trust fund under the direction of the
    committee.
        (3) The [Office of Child Care] department shall be the trustee of the fund.
        (4) The trust fund shall be used to accept monies designated for child care initiatives
    improving the quality, affordability, or accessibility of child care.
        (5) The monies in the trust fund that are not restricted to a specific use under federal law or
    by donors may not be expended without approval of the committee.
        (6) There shall be deposited into the trust fund money from numerous sources including
    grants, private foundations, or individual donors.
        (7) The monies in the trust fund shall be invested by the state treasurer pursuant to Title 51,
    Chapter 7, State Money Management Act, except that all interest or other earnings derived from the
    trust fund monies shall be deposited in the trust fund.
        (8) The monies in the trust fund may not be used for administrative expenses of the [Office
    of Child Care] department normally provided for by legislative appropriation.
        (9) The committee shall:
        (a) advise the director on child care needs in the state and on relevant operational aspects of
    any grant, loan, or revenue collection program established under this part;
        (b) recommend specific projects to the director;
        (c) [set] recommend policy and procedures for administering the trust fund;
        (d) make recommendations on grants, loans, or contracts from the trust fund for any of the

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    activities authorized under this part;
        (e) establish the criteria by which loans and grants will be made;
        (f) determine the order in which approved projects will be funded; [and]
        (g) [distribute all] make recommendations regarding the distribution of money from the trust
    fund in accordance with the procedures, conditions, and restrictions placed upon the monies by the
    donors; and
        (h) solicit public and private funding for the trust fund.
        (10) Trust fund monies may be used for any of the following activities:
        (a) training of child care providers;
        (b) scholarships and grants for child care providers' professional development;
        (c) public awareness and consumer education services;
        (d) child care provider recruitment;
        (e) Office of Child Care sponsored activities;
        [(f) activities specified by a donor;]
        [(g)] (f) matching money for obtaining grants; or
        [(h)] (g) other activities that will assist in the improvement of child care quality,
    affordability, or accessibility.
        (11) The executive director, with the consent of the committee, may grant, lend, or contract
    trust fund money to:
        (a) local governments;
        (b) nonprofit community, charitable, or neighborhood-based organizations;
        (c) regional or statewide nonprofit organizations; or
        (d) child care providers.
        (12) Preference may be given but not limited to applicants for trust fund monies that
    demonstrate any of the following:
        (a) programatic or financial need;
        (b) diversity of clientele or geographic location; and
        (c) coordination with or enhancement of existing services.

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        (13) The executive director or the executive director's designee shall monitor the activities
    of the recipients of grants, loans, or contracts issued from the trust fund on an annual basis to ensure
    compliance with the terms and conditions imposed on the recipient by the trust fund.
        (14) The entities receiving grants, loans, or contracts shall provide the executive director
    with an annual accounting of how the monies they received from the trust fund have been spent.
        (15) The executive director shall report to the committee regarding the programs and the
    services funded by the trust fund.
        Section 240. Section 35A-4-104 (Effective 07/01/97) is amended to read:
         35A-4-104 (Effective 07/01/97). Violations of chapter -- Penalties.
        (1) (a) Any person who makes a false statement or representation knowing it to be false or
    knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under
    this chapter or under the Unemployment Compensation Law of any state or of the Federal
    Government, either for himself or for any other person, is guilty of a class A misdemeanor.
        (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection (1)
    shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
        (c) Each false statement or representation or failure to disclose a material fact constitutes a
    separate offense.
        (2) (a) Any employing unit or any officer or agent of an employing unit or any other person
    who makes a false statement or representation knowing it to be false, or who knowingly fails to
    disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled
    thereto, or to avoid becoming or remaining a subject employer or to avoid or reduce any contribution
    or other payment required from an employing unit under this chapter or under the Unemployment
    Compensation Law of any state or of the federal government, or who willfully fails or refuses to
    make any such contributions or other payment or to furnish any reports required in this chapter or
    to produce or permit the inspection or copying of records as required hereunder is guilty of a class
    A misdemeanor.
        (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection (2)
    shall be not less than $50 and a penalty of imprisonment shall be for not longer than 60 days.

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        (c) Each false statement or representation or failure to disclose a material fact, and each day
    of the failure or refusal constitutes a separate offense.
        (3) (a) Any person who willfully violates any provision of this chapter or any order, rule,
    made under this chapter, the violation of which is made unlawful or the observance of which is
    required under the terms of this chapter, and for which a penalty is neither prescribed in this chapter
    nor provided by any other applicable statute is guilty of a class A misdemeanor.
        (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection (3)
    shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
        (c) Each day a violation continues shall be a separate offense.
        (4) (a) If any employee of the department, in violation of [Subsection 35A-4-502(7)] Section
    35A-4-312, makes any disclosure of information obtained from any employing unit or individual
    in the administration of this chapter, or if any person who has obtained any list of applicants for
    work, or of claimants or recipients of benefits, under this chapter shall use or permit the use of such
    list for any political purpose, he is guilty of a class A misdemeanor.
        (b) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under Subsection (4)
    shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.
        Section 241. Section 35A-4-106 (Effective 07/01/97) is amended to read:
         35A-4-106 (Effective 07/01/97). Reciprocal arrangements with other jurisdictions.
        (1) The division is authorized to enter into reciprocal arrangements with appropriate and
    authorized agencies of other states or of the federal government, or both, [whereby] in accordance
    with Subsections (1)(a) through (d):
        (a) Services performed by an individual for a single employing unit for which services are
    customarily performed in more than one state shall be considered to be services performed entirely
    within any one of the states:
        (i) in which any part of the individual's service is performed;
        (ii) in which the individual has [his] the individual's residence; or
        (iii) in which the employing unit maintains a place of business, [provided] if there is in
    effect, as to such services, an election, approved by the agency charged with the administration of

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    such state's unemployment compensation law, pursuant to which all the services performed by the
    individual for the employing unit are considered to be performed entirely within the state.
        (b) The division shall participate in any arrangements for the payment of benefits on the
    basis of combining an individual's wages and employment covered under this chapter with [his] the
    individual's wages and employment covered under the unemployment compensation laws of other
    states that:
        (i) are approved by the Secretary of Labor in consultation with the state unemployment
    compensation agencies as reasonably calculated to assure the prompt and full payment of
    compensation in such situations; and [that]
        (ii) include provisions for:
        [(i)] (A) applying the base period of a single state law to a claim involving the combining
    of an individual's wages and employment covered under two or more state unemployment
    compensation laws; and
        [(ii)] (B) avoiding the duplicate use of wages and employment by reason of such combining.
        (c) (i) Wages or services, upon the basis of which an individual may become entitled to
    benefits under an unemployment compensation law of another state or of the federal government,
    shall be considered to be wages for insured work for the purpose of determining [his] the
    individual's rights to benefits under this chapter[, and wages].
        (ii) Wages for insured work, on the basis of which an individual may become entitled to
    benefits under this chapter shall be considered to be wages or services on the basis of which
    unemployment compensation under the law of another state or of the federal government is payable.
        [(ii) No] (iii) An arrangement [shall] may not be entered into unless it contains provisions
    for reimbursements:
        (A) to the fund for the benefits paid under this chapter upon the basis of such wages or
    services[,]; and [provisions for reimbursements]
        (B) from the fund for such of the compensation paid under the other law upon the basis of
    wages for insured work, as the director of the division finds will be fair and reasonable as to all
    affected interests.

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        (d) (i) Contributions due under this chapter with respect to wages for insured work shall, for
    the purposes of Section 35A-4-305, be considered to have been paid to the fund as of the date
    payment was made as contributions therefor under another state or Federal [Employment]
    Unemployment Compensation Law.
        (ii) [No] An arrangement [shall] may not be entered into unless it contains provisions for the
    reimbursement to the fund of the contributions and the actual earnings thereon as the director of the
    division finds will be fair and reasonable as to all affected interests.
        (2) (a) Reimbursement paid from the fund pursuant to Subsection (1)(c) shall be considered
    to be benefits for the purpose of Sections 35A-4-401 and 35A-4-501.
        (b) The division is authorized to make to other state or federal agencies and to receive from
    other state or federal agencies reimbursements from or to the fund in accordance with arrangements
    entered into pursuant to Subsection (1).
        (3) (a) The administration of this chapter and of other state and federal unemployment
    compensation and public employment service laws will be promoted by cooperation between this
    state and the other states and the appropriate federal agencies in exchanging services, and making
    available facilities and information.
        (b) The division is authorized to make investigations, secure and transmit information, make
    available services and facilities, and exercise other powers provided [herein] in this chapter with
    respect to the administration of this chapter as it considers necessary or appropriate to facilitate the
    administration of any unemployment compensation or public employment service law, and in like
    manner, to accept and [utilize] use information, services and facilities made available to this state
    by the agency charged with the administration of any other unemployment compensation or public
    employment service law.
        (4) To the extent permissible under the laws and Constitution of the United States, the
    director of the division is authorized to enter into or cooperate in arrangements whereby facilities
    and services provided under this chapter and facilities and services provided under the
    unemployment compensation law of any foreign government, may be utilized for the taking of
    claims and the payment of benefits under this chapter or under a similar law of the foreign

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    government.
        Section 242. Section 35A-4-107 (Effective 07/01/97) is amended to read:
         35A-4-107 (Effective 07/01/97). Limit of liability -- State -- Department.
        (1) Benefits shall be considered to be due and payable under this chapter only to the extent
    provided in this chapter and to the extent that moneys are available to the credit of the
    Unemployment Compensation Fund [and neither the].
        (2) The state [nor], the department [shall], or any division of the department may not be held
    liable for any amount [in excess of these sums] that exceeds the monies available in the
    Unemployment Compensation Fund.
        Section 243. Section 35A-4-201 (Effective 07/01/97) is amended to read:
         35A-4-201 (Effective 07/01/97). General definitions.
        As used in this chapter:
        (1) "Base-period" means[: (a) the four completed calendar quarters next preceding the first
    day of the individual's benefit year with respect to any individual whose benefit year commences
    prior to January 5, 1986; and (b)] the first four of the last five completed calendar quarters next
    preceding the first day of the individual's benefit year with respect to any individual whose benefit
    year commences on or after January 5, 1986.
        (2) "Benefit year" means the 52 consecutive week period beginning with the first week with
    respect to which an individual files for benefits and is found to have an insured status.
        (3) "Benefits" means the money payments payable to an individual as provided in this
    chapter with respect to [his] the individual's unemployment.
        (4) "Calendar quarter" means the period of three consecutive months ending on March 31,
    June 30, September 30, or December 31, or the equivalent, as the department may by rule prescribe.
        (5) "Contribution" means the money payments required by this chapter to be made into the
    Unemployment Compensation Fund by any employing unit on account of having individuals in its
    employ.
        (6) "Division" means the Division of [Employment Development] Workforce Information
    and Payment Services.

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        (7) "Employment office" means a free public employment office or branch operated by this
    or any other state as a part of a state-controlled system of public employment offices or by a federal
    agency charged with the administration of an unemployment compensation program or free public
    employment offices.
        (8) "Employment Security Administration Fund" means the fund established by Section
    35A-4-505, and from which administrative expenses under this chapter shall be paid.
        (9) "Extended benefits" has the meaning specified in Subsection 35A-4-402(7)(f).
        (10) "Fund" means the Unemployment Compensation Fund established by this chapter.
        (11) "Insured average annual wage" means on or before the 15th day of May of each year,
    the total wages of insured workers for the preceding calendar year, divided by the average monthly
    number of insured workers, determined by dividing by 12 the total insured workers for the preceding
    calendar year as determined under the rules of the department calculated to two decimal places,
    disregarding any fraction of one cent.
        (12) "Insured average fiscal year wage" means on or before the 15th day of November of
    each year, the total wages of insured workers for the preceding fiscal year, divided by the average
    monthly number of insured workers, determined by dividing by 12 the total insured workers for the
    preceding fiscal year as determined under the rules of the department calculated to two decimal
    places, disregarding any fraction of one cent.
        (13) "Insured average fiscal year weekly wage" means the insured average fiscal year wage
    determined in Subsection (12), divided by 52, calculated to two decimal places, disregarding any
    fraction of one cent.
        (14) "Insured average weekly wage" means the insured average annual wage determined in
    Subsection (11), divided by 52, calculated to two decimal places, disregarding any fraction of one
    cent.
        (15) "Insured status" means that an individual has, during [his] the individual's base-period,
    performed services and earned wages in employment sufficient to qualify for benefits under Section
    35A-4-403.
        (16) "Insured work" means employment for [employers] an employer, as defined in Section

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    35A-4-203.
        (17) "Monetary base period wage requirement" means 8% of the insured average fiscal year
    wage for the preceding fiscal year, for example, fiscal year 1990 for individuals establishing benefit
    years in 1991, rounded up to the next higher multiple of $100.
        (18) "State" includes the Commonwealth of Puerto Rico, the Virgin Islands, and the District
    of Columbia.
        (19) "Week" means the period or periods of seven consecutive calendar days as the
    department may prescribe by rule.
        Section 244. Section 35A-4-202 (Effective 07/01/97) is amended to read:
         35A-4-202 (Effective 07/01/97). Employing units.
        (1) (a) "Employing unit" means:
        (i) any individual or type of organization that has or subsequent to January 1, 1935, had one
    or more individuals performing services for it within the state including any:
        (A) partnership[,];
        (B) association[,];
        (C) trust[,];
        (D) estate[,];
        (E) joint stock company[,];
        (F) insurance company[, or];
        (G) limited liability company;
        (H) limited liability partnership;
        (I) joint venture;
        (J) corporation, whether domestic or foreign[, or];
        (K) the receiver, trustee in bankruptcy, trustee or successor of any [of the foregoing,] entity
    listed in Subsections (1)(a)(i)(A) through (J); or
        (L) the legal representative of a deceased person[, that has or subsequent to January 1, 1935,
    had one or more individuals performing services for it within this state,]; or
        (ii) any properly and legally licensed employee leasing company as defined by Section

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    58-59-102.
        (b) The department may adopt rules specific to employee leasing companies pursuant to
    Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
        (c) All individuals performing services within this state for any employing unit that
    maintains two or more separate establishments within this state are considered to be performing
    services for a single employing unit for all the purposes of this chapter.
        (d) Each individual employed to perform or to assist in performing the work of any person
    in the service of an employing unit is considered to be engaged by the employing unit for all the
    purposes of this chapter whether the individual was hired or paid directly by the employing unit or
    by the person, provided the employing unit had actual or constructive knowledge of the work.
        (2) "Hospital" means an institution that is licensed, certified, or approved by the Department
    of Health as a hospital.
        (3) "Institution of higher education," for the purposes of this section, means an educational
    institution that:
        (a) (i) admits, as regular students only, individuals having a certificate of graduation from
    a high school or the recognized equivalent of a certificate;
        (ii) is legally authorized in this state to provide a program of education beyond high school;
        (iii) provides:
        (A) an educational program for which it awards a bachelor's or higher degree[, or provides];
        (B) a program that is acceptable for full credit toward [that] a bachelor's or higher degree[,];
        (C) a program of postgraduate or postdoctoral studies[,]; or
        (D) a program of training to prepare students for gainful employment in a recognized
    occupation; and
        (iv) is a public or other nonprofit institution.
        (b) All colleges and universities in this state are institutions of higher education for purposes
    of this section.
        Section 245. Section 35A-4-204 (Effective 07/01/97) is amended to read:
         35A-4-204 (Effective 07/01/97). Definition of employment.

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        (1) Subject to the other provisions of this section, "employment" means any service
    performed for wages or under any contract of hire, whether written or oral, express or implied,
    including service in interstate commerce, and service as an officer of a corporation.
        (2) "Employment" includes an individual's entire service performed within or both within
    and without this state if [any] one of [the following provisions] Subsections (2)(a) through (k) is
    satisfied[:].
        (a) The service is localized in this state. Service is localized within this state if:
        (i) the service is performed entirely within the state; or
        (ii) the service is performed both within and without the state, but the service performed
    without the state is incidental to the individual's service within the state, for example, is temporary
    or transitory in nature or consists of isolated transactions.
        (b) (i) The service is not localized in any state but some of the service is performed in this
    state and the individual's base of operations, or, if there is no base of operations, the place from
    which the service is directed or controlled, is in this state; or
        (ii) the individual's base of operations or place from which the service is directed or
    controlled is not in any state in which some part of the service is performed, but the individual's
    residence is in this state.
        (c) (i) (A) The service is performed entirely outside this state and is not localized in any
    state[,];
        (B) the worker is one of a class of employees who are required to travel outside this state
    in performance of their duties[,]; and
        (C) (I) the base of operations is in this state; or[,]
        (II) if there is no base of operations, the place from which the service is directed or
    controlled is in this state.
        (ii) Services covered by an election under Subsection 35A-4-310(3), and services covered
    by an arrangement under Section 35A-4-106 between the division and the agency charged with the
    administration of any other state or federal unemployment compensation law, under which all
    services performed by an individual for an employing unit are considered to be performed entirely

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    within this state, are considered to be employment if the division has approved an election of the
    employing unit for whom the services are performed, under which the entire service of the individual
    during the period covered by the election is considered to be insured work.
        (d) (i) The service is performed after December 31, 1977, in the employ of this state or any
    of its instrumentalities or any county, city, town, school district, or any political subdivision thereof
    or any of its instrumentalities or any instrumentality or more than one of the foregoing or any
    instrumentality of any of the foregoing and one or more other states or political subdivisions[;
    provided, that] if:
        (A) the service is excluded from employment as defined in the Federal Unemployment Tax
    Act, 26 U.S.C. 3306(c)(7)[, and];
        (B) the service is not excluded from employment by Section 35A-4-205; and [provided that]
        (C) as to any county, city, town, school district, or political subdivision of this state, or any
    instrumentality of the same, that service is either:
        [(A)] (I) required to be treated as covered employment as a condition of eligibility of
    employers in this state for Federal Unemployment Tax Act employer tax credit;
        [(B)] (II) required to be treated as covered employment by any other requirement of the
    Federal Unemployment Tax Act, as amended; or
        [(C)] (III) not required to be treated as covered employment by any requirement of the
    Federal Unemployment Tax Act, but coverage of the service is elected by a majority of the members
    of the governing body of the political subdivision or instrumentality in accordance with Section
    35A-4-310.
        (ii) Benefits paid on the basis of service performed in the employ of this state shall be
    financed by payments to the division instead of contributions in the manner and amounts prescribed
    by Subsections 35A-4-311(2)(a) and (4).
        (iii) Benefits paid on the basis of service performed in the employ of any other governmental
    entity described in Subsection (2) shall be financed by payments to the division in the manner and
    amount prescribed by the applicable provisions of Section 35A-4-311.
        (e) The service is performed by an individual in the employ of a religious, charitable,

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    educational, or other organization, but only if:
        (i) the service is excluded from employment as defined in the Federal Unemployment Tax
    Act, 26 U.S.C. 3306(c)(8), solely by reason of Section 3306 (c)(8) of that act; and
        (ii) the organization had four or more individuals in employment for some portion of a day
    in each of 20 different weeks, whether or not the weeks were consecutive, within either the current
    or preceding calendar year, regardless of whether they were employed at the same moment of time.
        (f) (i) The service is performed outside the United States after December 31, 1971, except
    in Canada, in the employ of an American employer, other than service that is considered
    employment under the provisions of Subsection (2) or the parallel provisions of another state's law
    if:
        (A) the employer's principal place of business in the United States is located in this state;
        (B) the employer has no place of business in the United States but is:
        (I) an individual who is a resident of this state[,];
        (II) a corporation that is organized under the laws of this state[,]; or
        (III) a partnership or trust in which the number of partners or trustees who are residents of
    this state is greater than the number who are residents of any one other state; or
        (C) none of the criteria of Subsections (2)(f)(i)(A) and (B) is met but:
        (I) the employer has elected coverage in this state; or
        (II) the employer [having failed] fails to elect coverage in any state[,] and the individual has
    filed a claim for benefits[,] based on that service[,] under the law of this state.
        (ii) "American employer" for purposes of Subsection (2) means a person who is:
        (A) an individual who is a resident of the United States[,];
        (B) a partnership if two-thirds or more of the partners are residents of the United States[,];
        (C) a trust if all of the trustees are residents of the United States[, or];
        (D) a corporation organized under the laws of the United States or of any state;
        (E) a limited liability company organized under the laws of the United States or of any state;
        (F) a limited liability partnership organized under the laws of the United States or of any
    state; or

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        (G) a joint venture if two-thirds or more of the members are individuals, partnerships,
    corporations, limited liability companies, or limited liability partnerships that qualify as American
    employers.
        (g) The service is performed after December 31, 1971[,]:
        (i) by an officer or member of the crew of an American vessel on or in connection with the
    vessel[,]; and
        (ii) the operating office from which the operations of the vessel, operating on navigable
    waters within, or within and without, the United States, is ordinarily and regularly supervised,
    managed, directed, and controlled within this state.
        (h) A tax with respect to the service in this state is required to be paid under any federal law
    imposing a tax against which credit may be taken for contributions required to be paid into a state
    unemployment fund or that, as a condition for full tax credit against the tax imposed by the Federal
    Unemployment Tax Act, is required to be covered under this chapter.
        (i) (i) Notwithstanding [the provisions of] Subsection 35A-4-205(1)(t), the service is
    performed:
        (A) as an agent-driver or commission-driver engaged in distributing meat products,
    vegetable products, fruit products, bakery products, beverages other than milk, or laundry or dry
    cleaning services, for [his] the driver's principal; or
      &n