Utah Code 63G-12-305. Administrative actions — Defenses
Current as of: 2024 | Check for updates
|
Other versions
(1) On and after the program start date and in accordance with Chapter 4, Administrative Procedures Act , the department may bring agency action against a private employer who violates Subsection 63G-12-301(1) to impose a penalty described in Section 63G-12-306 .
Terms Used In Utah Code 63G-12-305
- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 63G-12-102
- Employee: means an individual employed by an employer under a contract for hire. See Utah Code 63G-12-102
- Employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 63G-12-102
- Permit: means a permit issued under Part 2, Guest Worker Program, and includes:(12)(a) a guest worker permit; and(12)(b) an immediate family permit. See Utah Code 63G-12-102
- Program: means the Guest Worker Program described in Section 63G-12-201. See Utah Code 63G-12-102
- Unauthorized alien: is a s defined in Utah Code 63G-12-102
(2)
(2)(a) To determine whether an employee is an unauthorized alien for purposes of Subsection (1) , the department shall consider only the federal government’s determination pursuant to 8 U.S.C. § 1373(c).
(2)(b) The federal government’s determination creates a rebuttable presumption of the employee’s lawful status. The department may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. § 1373(c).
(3) For the purposes of this part, proof of verifying the employment authorization in accordance with Subsection 63G-12-301(2) creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien who does not hold a valid permit.
(4)
(4)(a) For the purposes of this section, an employer that establishes that the employer has complied in good faith with the requirements of 8 U.S.C. § 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien.
(4)(b) An employer is considered to have complied with the requirements of 8 U.S.C. § 1324a(b), notwithstanding an isolated, sporadic, or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.