Utah Code 34-46-301. Investigations — Complaints — Sanctions — Rulemaking
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(1) The division may investigate an alleged violation of this chapter.
Terms Used In Utah Code 34-46-301
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Labor Commission's Division of Antidiscrimination and Labor. See Utah Code 34-46-102
- Employer: means a 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. See Utah Code 34-46-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2)(2)(a) An individual claiming to be aggrieved by an action of an employer in violation of this chapter may file with the division a request for agency action.(2)(b) On receipt of a request for agency action under Subsection (2)(a), the division:(2)(b)(i) shall conduct an adjudicative proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act; and(2)(b)(ii) may attempt to reach a settlement between the parties through a settlement conference.(3)(3)(a) If the division determines that a violation has occurred, the division may order that the employer:(3)(a)(i) cease and desist the action;(3)(a)(ii) pay a fine to the division of up to $500 for a violation, regardless of the number of applicants affected by the violation; or(3)(a)(iii) comply with a combination of Subsections (3)(a)(i) and (ii).(3)(b) Money received under this section shall be deposited as a dedicated credit to the division to pay for the costs of administering this chapter.(4) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding:(4)(a) the process to file a written complaint with the division; and(4)(b) the terms defined in Section 34-46-102.