Utah Code 34A-2-209. Employer’s penalty for violation — Notice of noncompliance — Proof required — Admissible evidence — Criminal prosecution
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 34A-2-209
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102
- Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
- Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(1)(a)
(1)(a)(i) An employer who fails to comply, and every officer of a corporation or association that fails to comply, with Section 34A-2-201 is guilty of a class B misdemeanor.
(1)(a)(ii) Each day’s failure to comply with Subsection (1)(a)(i) is a separate offense.
(1)(b) If the division sends written notice of noncompliance by certified mail or personal service to the last-known address of an employer, a corporation, or an officer of a corporation or association, and the employer, corporation, or officer does not within 10 days of the day on which the notice is delivered provide to the division proof of compliance, the notice and failure to provide proof constitutes prima facie evidence that the employer, corporation, or officer is in violation of this section.
(2)
(2)(a) If the division has reason to believe that an employer is conducting business without securing the payment of compensation in a manner provided in Section 34A-2-201, the division may give notice of noncompliance by certified mail or personal service to the following at the last-known address of the following:
(2)(a)(i) the employer; or
(2)(a)(ii) if the employer is a corporation or association:
(2)(a)(ii)(A) the corporation or association; or
(2)(a)(ii)(B) the officers of the corporation or association.
(2)(b) If an employer, corporation, or officer described in Subsection (2)(a) does not, within 10 days of the day on which the notice is delivered, provide to the division proof of compliance, the employer and every officer of an employer corporation or association is guilty of a class B misdemeanor.
(2)(c) Each day’s failure to comply with Subsection (2)(a) is a separate offense.
(3) A fine, penalty, or money collected or assessed under this section shall be:
(3)(a) deposited in the Uninsured Employers’ Fund created by Section 34A-2-704;
(3)(b) used for the purposes of the Uninsured Employers’ Fund specified in Section 34A-2-704; and
(3)(c) collected by the Uninsured Employers’ Fund administrator in accordance with Section 34A-2-704.
(4) A form or record kept by the division or its designee pursuant to Section 34A-2-205 is admissible as evidence to establish noncompliance under this section.
(5) The commission or division on behalf of the commission may prosecute or request the attorney general or district attorney to prosecute a criminal action in the name of the state to enforce this chapter or Chapter 3, Utah Occupational Disease Act.