Utah Code 34A-2-210. Power to bring suit for noncompliance
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(1)
Terms Used In Utah Code 34A-2-210
- 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
- Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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) 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 ways provided in Section 34A-2-201.
(1)(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 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 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:
(2)(a) the commission or the division on behalf of the commission may file suit under Subsection (1); and
(2)(b) the court may, ex parte, issue without bond a temporary injunction restraining the further operation of the employer’s business.