(1)  Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, and except as provided in Subsection (2), (3), or (4), the commissioner or department may not disclose information obtained from a professional employer organization under this chapter.

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Terms Used In Utah Code 31A-40-104

  • Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Client: means a person who enters into a professional employer agreement with a professional employer organization. See Utah Code 31A-40-102
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Individual: means a natural person. See Utah Code 31A-1-301
  • professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  The commissioner or department may disclose information on an aggregate basis that does not identify an individual professional employer organization or client.

    (3)  The commissioner or department may disclose information obtained from a professional employer organization under this chapter to a government entity if the government entity requires the information to perform the government entity’s duties.

    (4) 

    (a)  The commissioner shall coordinate the commissioner’s administration of this chapter and share information with:

    (i)  the Department of Workforce Services;

    (ii)  the Labor Commission; and

    (iii)  the State Tax Commission.

    (b)  An agency listed in Subsection (4)(a) shall treat the information obtained under this section as confidential unless disclosure of the information is required in accordance with:

    (i)  this title; or

    (ii)  Title 63G, Chapter 2, Government Records Access and Management Act.

    Enacted by Chapter 318, 2008 General Session

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