(1) In any civil action to enforce the provisions of this chapter the department may be represented by any qualified attorney who is employed by the department and is designated by it for this purpose, or at the department’s request by the attorney general, or if the action is brought in the courts of any other state by any attorney qualified to appear in the courts of that state.

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Terms Used In Utah Code 35A-4-105

  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Employing unit: means :
              (1)(a)(i) any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any:
                   (1)(a)(i)(A) partnership;
                   (1)(a)(i)(B) association;
                   (1)(a)(i)(C) trust;
                   (1)(a)(i)(D) estate;
                   (1)(a)(i)(E) joint stock company;
                   (1)(a)(i)(F) insurance company;
                   (1)(a)(i)(G) limited liability company;
                   (1)(a)(i)(H) limited liability partnership;
                   (1)(a)(i)(I) joint venture;
                   (1)(a)(i)(J) corporation, whether domestic or foreign;
                   (1)(a)(i)(K) the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J);
                   (1)(a)(i)(L) the legal representative of a deceased person; or
                   (1)(a)(i)(M) a tribal unit; or
              (1)(a)(ii) any properly and legally registered professional employer organization as defined by Section 31A-40-102. See Utah Code 35A-4-202
  • State: includes the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia. See Utah Code 35A-4-201
(2) All criminal actions for violation of any provision of this chapter, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the attorney general of the state; or, at his request and under his direction, by the prosecuting attorney of any county in which the employing unit has a place of business or the violator resides.