Utah Code 34-47-202. Duties and powers of the council
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(1) The council shall meet at least quarterly with the attorney general or a designee of the attorney general to coordinate regulatory and law enforcement efforts related to misclassification.
Terms Used In Utah Code 34-47-202
- Commission: means the Labor Commission. See Utah Code 34-47-102
- Council: means the Worker Classification Coordinated Enforcement Council created in Section 34-47-201. See Utah Code 34-47-102
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Member agency: means an agency that is represented on the council. See Utah Code 34-47-102
- Misclassification: means to classify an individual as something other than an employee, if under the relevant law the individual is required to be classified as an employee. See Utah Code 34-47-102
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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
- Statute: A law passed by a legislature.
(2)
(2)(a) The council shall submit, in accordance with Section 68-3-14, a written report by no later than September 1 of each year regarding the previous fiscal year to:
(2)(a)(i) the governor; and
(2)(a)(ii) the Business and Labor Interim Committee.
(2)(b) The report required by this Subsection (2) shall include:
(2)(b)(i) the nature and extent of misclassification in this state;
(2)(b)(ii) the results of regulatory and law enforcement efforts related to the council;
(2)(b)(iii) the status of sharing information by member agencies; and
(2)(b)(iv) recommended legislative changes, if any.
(2)(c) As part of the report required by this Subsection (2), the council shall provide an opportunity to the following to include in the report comments on the effectiveness of the council:
(2)(c)(i) the attorney general; and
(2)(c)(ii) each member agency.
(3) The council may study:
(3)(a) how to reduce costs to the state resulting from misclassification;
(3)(b) how to extend outreach and education efforts regarding the nature and requirements of classifying an individual;
(3)(c) how to promote efficient and effective information sharing amongst the member agencies; and
(3)(d) the need, if any, to create by statute a database or other method to facilitate sharing of information related to misclassification.
(4) A member agency shall cooperate with the commission and council to provide information related to misclassification to the extent that:
(4)(a) the information is public information; or
(4)(b) providing the information is otherwise permitted by law other than this chapter.
(5)
(5)(a) A record provided to the commission or council under this chapter is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act, unless otherwise classified as private or controlled under Title 63G, Chapter 2, Government Records Access and Management Act.
(5)(b) Notwithstanding Subsection (5)(a), the commission or council may disclose the record to the extent:
(5)(b)(i) necessary to take an administrative action by a member agency;
(5)(b)(ii) necessary to prosecute a criminal act; or
(5)(b)(iii) that the record is:
(5)(b)(iii)(A) obtainable from a source other than the member agency that provides the record to the commission or council; or
(5)(b)(iii)(B) public information or permitted to be disclosed by a law other than this chapter.