reglab/statecodes huggingface dataset:
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 7 - Safety › Part 2 - Elevator and Escalator Safety Act › Section 204 - Suspension of inspection certificates -- Violation of part -- Misdemeanor -- Injunction.

34A-7-204.
Suspension of inspection certificates -- Violation of part -- Misdemeanor -- Injunction.
(1)
(a) The division may suspend an inspection certificate issued under Section 34A-7-203 if it finds that the elevator or escalator for which the inspection certificate is issued does not meet the requirements of the safety code.
(b) The suspension of an inspection certificate shall continue in effect until:
(i) the elevator or escalator conforms to the safety code; and
(ii) a new inspection certificate is issued.
(2) It is a violation of this part and a class C misdemeanor to operate an elevator or escalator in this state if:
(a) an inspection certificate for the elevator or escalator has not been issued;
(b)
(i) an inspection certificate for the elevator or escalator is suspended; and
(ii) the requirements of Subsection (1)(b) are not met; or
(c) the elevator or escalator is knowingly operated while constituting a safety hazard.
(3) The division may bring a lawsuit in any court of this state to enjoin the operation of any elevator or escalator in violation of this part.
Enacted by Chapter 53, 1999 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 11 - Genetic Testing Restrictions on Employers Act › Section 102 - Restrictions on employers.

Effective 5/3/2023
34A-11-102.
Restrictions on employers.
With respect to matters related to genetic testing and private genetic information, an employer shall comply with Section 13-60-204 and the other applicable provisions of Title 13, Chapter 60, Part 2, Genetic Testing and Procedure Privacy Act.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 1 - General Provisions › Section 103 - Department of Workforce Services -- Creation -- Seal.

35A-1-103.
Department of Workforce Services -- Creation -- Seal.
(1) There is created the Department of Workforce Services, which has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities outlined in this title.
(2) For purposes of this title, the department shall have an official seal that shall be judicially noticed.
Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 1 - General Provisions › Section 104.1 - Background checks for employees.

Effective 5/8/2018
35A-1-104.1.
Background checks for employees.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
(2) Beginning July 1, 2018, the department may require current employees in, and all applicants for, the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment:
(a) employees that access or may access federal tax information; and
(b) employees serving or interacting with vulnerable populations as defined in Section 35A-1-102.
(3) Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request.
(4) The department shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the department that meets the requirements of Subsection 53-10-108(4).
(5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the department shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and nationwide background check.
(6) The department is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.
(7) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a) determine how the department will assess the employment status of an individual upon receipt of background information; and
(b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).
Enacted by Chapter 427, 2018 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 1 - General Provisions › Section 104.5 - Other department duties -- Strategic plan for health system reform -- Reporting suspected misuse of a Social Security number.

Effective 7/1/2021
35A-1-104.5.
Other department duties -- Strategic plan for health system reform -- Reporting suspected misuse of a Social Security number.
(1) The department shall work with the Department of Health, the Insurance Department, the Governor's Office of Economic Opportunity, and the Legislature to develop the health system reform.
(2) In the process of determining an individual's eligibility for a public benefit or service under this title or under federal law, if the department determines that a valid social security number is being used by an unauthorized individual, the department shall:
(a) inform the individual who the department determines to be the likely actual owner of the social security number or, if the likely actual owner is a minor, the minor's parent or guardian, of the suspected misuse; and
(b) subject to federal law, provide information of the suspected misuse to an appropriate law enforcement agency responsible for investigating identity fraud.
(3) If the department learns or determines that providing information under Subsection (2)(b) is prohibited by federal law, the department shall notify the Legislative Management Committee.
Amended by Chapter 282, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 1 - General Provisions › Section 105 - Department budget -- Reports from divisions.

35A-1-105.
Department budget -- Reports from divisions.
(1) The department shall prepare and submit to the governor for inclusion in the governor's budget to be submitted to the Legislature, a budget of the department's financial requirements needed to carry out its responsibilities as provided by law during the fiscal year following the Legislature's next annual general session.
(2) The executive director shall require a report from each of the divisions and offices of the department, to aid in preparation of the departmental budget.
Enacted by Chapter 240, 1996 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 1 - General Provisions › Section 106 - Fees.

35A-1-106.
Fees.
(1) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department by following the procedures and requirements of Section 63J-1-504.
(2) The department shall submit each fee established under this section to the Legislature for its approval as part of the department's annual appropriations request.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 1 - General Provisions › Section 108 - Participants in work experience or training programs funded by the department -- Status -- Receipt of workers' compensation medical benefits.

35A-1-108.
Participants in work experience or training programs funded by the department -- Status -- Receipt of workers' compensation medical benefits.
(1) A client or applicant who is directed to participate in a work experience or training program funded by the department is considered to be a volunteer government worker of the department, as provided in Title 67, Chapter 20, Volunteer Government Workers Act, solely for the purpose of receiving workers' compensation medical benefits.
(2) Receipt of medical benefits by a client or applicant under Subsection (1) is the exclusive remedy against the agency and the cooperating employer for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act.
Amended by Chapter 54, 2007 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 1 - General Provisions › Section 109 - Annual report -- Content -- Format.

Effective 7/1/2022
35A-1-109.
Annual report -- Content -- Format.
(1) The department shall prepare and submit to the governor and the Legislature, by October 1 of each year, an annual written report of the operations, activities, programs, and services of the department, including its divisions, offices, boards, commissions, councils, and committees, for the preceding fiscal year.
(2) For each operation, activity, program, or service provided by the department, the annual report shall include:
(a) a description of the operation, activity, program, or service;
(b) data and metrics:
(i) selected and used by the department to measure progress, performance, effectiveness, and scope of the operation, activity, program, or service, including summary data; and
(ii) that are consistent and comparable for each state operation, activity, program, or service that primarily involves employment training or placement as determined by the executive director, the commissioner of higher education, and the executive director of the Governor's Office of Planning and Budget;
(c) budget data, including the amount and source of funding, expenses, and allocation of full-time employees for the operation, activity, program, or service;
(d) historical data from previous years for comparison with data reported under Subsections (2)(b) and (c);
(e) goals, challenges, and achievements related to the operation, activity, program, or service;
(f) relevant federal and state statutory references and requirements;
(g) contact information of officials knowledgeable and responsible for each operation, activity, program, or service; and
(h) other information determined by the department that:
(i) may be needed, useful, or of historical significance; or
(ii) promotes accountability and transparency for each operation, activity, program, or service with the public and elected officials.
(3) The annual report shall be designed to provide clear, accurate, and accessible information to the public, the governor, and the Legislature.
(4) The department shall:
(a) submit the annual report in accordance with Section 68-3-14;
(b) make the annual report, and previous annual reports, accessible to the public by placing a link to the reports on the department's website; and
(c) provide the data and metrics described in Subsection (2)(b) to the Talent, Education, and Industry Alignment Board created in Section 53B-34-102.
Amended by Chapter 362, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 1 - General Provisions › Section 111 - Certification for adoption tax credit.

Effective 5/3/2023
35A-1-111.
Certification for adoption tax credit.
(1) An individual who seeks to claim a tax credit under Section 59-10-1046 or 59-10-1114 shall apply to the department for a certification that:
(a) the individual did not receive any state or federal assistance described in Subsection 59-10-1046(1)(e)(ii)(A), (B), (C), or (D) during the taxable year in which the adoption is finalized; and
(b) the individual finalized an adoption during the taxable year for which the individual applies for a certification.
(2) An individual who applies for a certification under this section shall sign an information release authorizing the department to disclose the individual's name and identifying information to the State Tax Commission in accordance with Subsection (5).
(3) The department shall issue the certification on a form approved by the State Tax Commission.
(4) An individual who receives a certification under this section shall retain the certification for the same time period a person is required to keep books and records under Section 59-1-1406.
(5)
(a) The department shall provide the State Tax Commission with an electronic report stating the name and identifying information of each individual to whom the department issued a certification under this section for the taxable year.
(b) The department shall provide the report described in Subsection (5)(a) on or before January 31 of the year following the year in which the department issued the certifications.
Enacted by Chapter 460, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 2 - Organization › Section 201 - Executive director -- Appointment -- Removal -- Compensation -- Qualifications -- Responsibilities -- Deputy directors.

Effective 7/1/2021
35A-1-201.
Executive director -- Appointment -- Removal -- Compensation -- Qualifications -- Responsibilities -- Deputy directors.
(1)
(a) The chief administrative officer of the department is the executive director, who is appointed by the governor with the advice and consent of the Senate.
(b) The executive director serves at the pleasure of the governor.
(c) The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(d) The executive director shall be experienced in administration, management, and coordination of complex organizations.
(2) The executive director shall:
(a) administer and supervise the department in compliance with Title 63A, Chapter 17, Utah State Personnel Management Act;
(b) supervise and coordinate between the economic service areas and directors created under Chapter 2, Economic Service Areas;
(c) coordinate policies and program activities conducted through the divisions and economic service areas of the department;
(d) approve the proposed budget of each division, the Workforce Appeals Board, and each economic service area within the department;
(e) approve all applications for federal grants or assistance in support of any department program;
(f) coordinate with the executive directors of the Governor's Office of Economic Opportunity and the Governor's Office of Planning and Budget to review data and metrics to be reported to the Legislature as described in Subsection 35A-1-109(2)(b); and
(g) fulfill such other duties as assigned by the Legislature or as assigned by the governor that are not inconsistent with this title.
(3) The executive director may appoint deputy or assistant directors to assist the executive director in carrying out the department's responsibilities.
(4) The executive director shall at least annually provide for the sharing of information between the advisory councils established under this title.
Amended by Chapter 282, 2021 General Session
Amended by Chapter 345, 2021 General Session
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 2 - Organization › Section 202 - Divisions -- Creation -- Duties -- Workforce Appeals Board, councils, Child Care Advisory Committee, and economic service areas.

Affected by 63I-1-235 on 7/1/2026
Effective 7/1/2021
35A-1-202.
Divisions -- Creation -- Duties -- Workforce Appeals Board, councils, Child Care Advisory Committee, and economic service areas.
(1) There is created within the department the following divisions:
(a) the Workforce Development Division to administer the development and implementation of employment assistance programs;
(b) the Workforce Research and Analysis Division;
(c) the Unemployment Insurance Division to administer Chapter 4, Employment Security Act;
(d) the Eligibility Services Division to administer public assistance eligibility;
(e) the Division of Adjudication to adjudicate claims or actions in accordance with this title;
(f) the Housing and Community Development Division, which is described in Sections 35A-8-201 and 35A-8-202;
(g) the Utah State Office of Rehabilitation, which is described in Section 35A-13-103; and
(h) the Office of Homeless Services, which is described in Section 35A-16-202.
(2) In addition to the divisions created under Subsection (1), within the department are the following:
(a) the Workforce Appeals Board created in Section 35A-1-205;
(b) the State Workforce Development Board created in Section 35A-1-206;
(c) the Employment Advisory Council created in Section 35A-4-502;
(d) the Child Care Advisory Committee created in Section 35A-3-205; and
(e) the economic service areas created in accordance with Chapter 2, Economic Service Areas.
Amended by Chapter 281, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 2 - Organization › Section 203 - Executive director -- Jurisdiction over division and economic service area directors -- No jurisdiction over Workforce Appeals Board -- Authority.

35A-1-203.
Executive director -- Jurisdiction over division and economic service area directors -- No jurisdiction over Workforce Appeals Board -- Authority.
(1) The executive director has administrative jurisdiction over each division and economic service area.
(2) To effectuate greater statewide efficiency and local flexibility in the implementation of programs, the executive director shall coordinate with the directors of the divisions and the directors of the economic service areas.
(3) To effectuate greater efficiency and economy in the operations of the department, the executive director may:
(a) make changes in personnel and service functions in the divisions and economic service areas under the executive director's administrative jurisdiction; and
(b) authorize designees to perform appropriate responsibilities.
(4)
(a) The executive director has no jurisdiction over the Workforce Appeals Board except as provided in Subsection (4)(b).
(b) The executive director shall:
(i) approve the budget of the Workforce Appeals Board;
(ii) provide the necessary staff support to the Workforce Appeals Board; and
(iii) make rules necessary for the operations of the Workforce Appeals Board and the efficiency of the adjudicative process as a whole in accordance with Section 35A-1-303.
(5) To facilitate management of the department, the executive director may establish offices necessary to implement this title or to perform functions such as budgeting, planning, data processing, and personnel administration.
Amended by Chapter 188, 2011 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 2 - Organization › Section 204 - Division directors -- Appointment -- Compensation -- Qualifications.

Effective 7/1/2021
35A-1-204.
Division directors -- Appointment -- Compensation -- Qualifications.
(1) The chief officer of each division within the department shall be a director, who shall serve as the executive and administrative head of the division.
(2) A director shall be appointed by the executive director with the concurrence of the governor and may be removed from that position at the will of the executive director.
(3) A director of a division shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
(4)
(a) A director of a division shall be experienced in administration and possess such additional qualifications as determined by the executive director.
(b) In addition to the requirements of Subsection (4)(a), the director of the Division of Adjudication shall be admitted to the practice of law in Utah.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 2 - Organization › Section 207 - State workforce services plan -- Economic service area plans.

Effective 7/1/2016
35A-1-207.
State workforce services plan -- Economic service area plans.
The State Workforce Development Board shall annually maintain and update a state workforce services plan that includes:
(1) a four-year strategy, as described in 29 U.S.C. Sec. 3112, for the following core programs:
(a) youth services;
(b) adult employment and training services;
(c) dislocated worker employment and training services;
(d) adult education and literacy activities;
(e) employment services; and
(f) vocational rehabilitation services;
(2) a strategy for aligning and coordinating the core programs;
(3) a strategy for coordinating the workforce needs of job seekers and employers in the various regions of the state;
(4) planning to ensure that employment centers address the requirements of the special employment needs population, including:
(a) individuals who have special employment needs based on factors such as race, gender, age, disability, economic status, education, language skills, or work history; and
(b) an "individual with a barrier to employment" as that term is defined in 29 U.S.C. Sec. 3102;
(5) a mechanism for getting consumer and public feedback on department programs;
(6) projected analysis of the workforce needs of employers and clients;
(7) state outcome-based standards for measuring program performance to ensure equitable service to all clients;
(8) strategies to ensure program responsiveness, universal access, and unified case management;
(9) strategies to eliminate unnecessary barriers to access services; and
(10) strategies to provide assistance to employees facing employment dislocation and their employers.
Amended by Chapter 296, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 3 - Adjudicative Proceedings › Section 302 - Review of administrative order -- Finality of Workforce Appeals Board's order.

35A-1-302.
Review of administrative order -- Finality of Workforce Appeals Board's order.
(1) An order entered by an administrative law judge under this title is the final decision of the department unless a further appeal is initiated under this title and in accordance with the rules of the department governing the review.
(2) The order of the Workforce Appeals Board on review is final, unless set aside by the court of appeals.
(3) If an order is appealed to the court of appeals after the party appealing the order has exhausted all administrative appeals, the court of appeals has jurisdiction to review, reverse, or annul any order of the Workforce Appeals Board, or to suspend or delay the operation or execution of the order of the Workforce Appeals Board being appealed.
Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 3 - Adjudicative Proceedings › Section 303 - Rulemaking.

35A-1-303.
Rulemaking.
(1)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules governing adjudicative procedures including the forms of notices and the manner of serving notice in all claims.
(b) Except as provided in this title and Title 63G, Chapter 4, Administrative Procedures Act, the rules made under this section are not required to conform to common law or statutory rules of evidence or other technical rules of procedure.
(2) The rules made under this section shall include procedures to dispose of cases informally, or to expedite claims adjudication, narrow issues, and simplify the methods of proof at hearings.
(3) Any rule made concerning proceedings before the Workforce Appeals Board shall be made in consultation with the Workforce Appeals Board.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 3 - Adjudicative Proceedings › Section 304 - Review authority of the Workforce Appeals Board.

Effective 7/1/2022
35A-1-304.
Review authority of the Workforce Appeals Board.
(1)
(a) In accordance with this title and Title 63G, Chapter 4, Administrative Procedures Act, the Workforce Appeals Board may allow an appeal from a decision of an administrative law judge from a formal adjudicative proceeding if a motion for review is filed with the Division of Adjudication within the designated time by any party entitled to the notice of the administrative law judge's decision.
(b) An appeal filed by the party shall be allowed as of right if the decision of the administrative law judge did not affirm the department's prior decision.
(c) If the Workforce Appeals Board denies an application for appeal from the decision of an administrative law judge, the decision of the administrative law judge is considered a decision of the Workforce Appeals Board for purposes of judicial review and is subject to judicial review if further appeal is initiated under this title.
(2) On appeal, the Workforce Appeals Board may on the basis of the evidence previously submitted in the case, or upon the basis of any additional evidence it requires:
(a) affirm the decision of the administrative law judge;
(b) modify the decision of the administrative law judge; or
(c) reverse the findings, conclusions, and decision of the administrative law judge.
(3) The Workforce Appeals Board shall promptly notify the parties to any proceedings before it of its decision, including its findings and conclusions, and the decision is a final order of the department unless within 30 days after the date the decision of the Workforce Appeals Board is issued, further appeal is initiated under this title.
Amended by Chapter 422, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 3 - Adjudicative Proceedings › Section 305 - Independence of Workforce Appeals Board.

35A-1-305.
Independence of Workforce Appeals Board.
A member of the Workforce Appeals Board may not participate in any case in which the member is an interested party. Each decision of a member of the Workforce Appeals Board shall represent the member's independent judgment.
Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 3 - Adjudicative Proceedings › Section 306 - Electronic or similar methods.

35A-1-306.
Electronic or similar methods.
The department may by rule permit hearings or other adjudicative hearings to be conducted, recorded, or published by means of electronic devices or other similar methods.
Enacted by Chapter 240, 1996 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 3 - Adjudicative Proceedings › Section 307 - Scope of part.

Effective 7/1/2022
35A-1-307.
Scope of part.
This part does not apply to adjudication under Chapter 5, Part 1, Job Training Coordination Act.
Amended by Chapter 422, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 5 - Assistance Fraud › Section 501 - Legal representation of department.

35A-1-501.
Legal representation of department.
At the request of the department, it is the duty of the county attorney or district attorney, as appropriate under Sections 17-18a-202 and 17-18a-203, and the attorney general to represent the department in any legal action taken under this part, Chapter 3, Employment Support Act, or under Title 76, Chapter 8, Part 12, Public Assistance Fraud.
Amended by Chapter 237, 2013 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 1 - Department of Workforce Services › Part 5 - Assistance Fraud › Section 503 - Evidence in legal actions.

35A-1-503.
Evidence in legal actions.
(1) In any civil action pursuant to this part or criminal action pursuant to Title 76, Chapter 8, Part 12, Public Assistance Fraud:
(a) a fund transfer or payment instrument made to the order of a party shall constitute prima facie evidence that such party received cash assistance under Chapter 3, Employment Support Act, from the state;
(b) all of the records in the custody of the department relating to the application for, verification of, issuance of, receipt of, and use of public assistance shall constitute business records within the meaning of the exceptions to the hearsay rule of evidence; and
(c) the value of the benefits received shall be based on the ordinary and usual charge for similar benefits in the private sector.
(2)
(a) A conviction or a guilty plea on a misdemeanor or felony charge of public assistance fraud is admissible in a civil action brought under this part.
(b) Subsection (2)(a) may not be construed to limit the right to use a conviction or guilty plea in any manner permitted by law or court rule.
Amended by Chapter 132, 1999 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 2 - Economic Service Areas › Part 1 - Organization › Section 101 - Economic service areas -- Creation.

Effective 5/8/2018
35A-2-101.
Economic service areas -- Creation.
(1)
(a) The executive director shall establish economic service areas to furnish the services described in Section 35A-2-201.
(b) In establishing economic service areas, the executive director shall seek input from the State Workforce Development Board.
(2) In establishing the economic service areas, the executive director may consider:
(a) areas comprised of multiple counties;
(b) the alignment of transportation and other infrastructure or services;
(c) the interdependence of the economy within a geographic area;
(d) the ability to develop regional marketing and economic development programs;
(e) the labor market areas;
(f) the population of the area, as established in the most recent estimate by the Utah Population Committee;
(g) the number of individuals in the previous year receiving:
(i) services under Chapter 3, Employment Support Act; and
(ii) benefits under Chapter 4, Employment Security Act; and
(h) other factors that relate to the management of the programs administered or that relate to the delivery of services provided under this title.
Amended by Chapter 330, 2018 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 2 - Economic Service Areas › Part 1 - Organization › Section 102 - Directors of economic service areas -- Appointment.

Effective 7/1/2016
35A-2-102.
Directors of economic service areas -- Appointment.
(1) The executive director shall appoint a director to oversee each economic service area.
(2) A director appointed under this section may be removed from that position at the will of the executive director.
(3) A director shall be experienced in administration and possess additional qualifications as determined by the executive director, and as provided by law.
(4) The director shall report on a regular basis to the State Workforce Development Board on the delivery of services in the economic service area.
Amended by Chapter 296, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 2 - Economic Service Areas › Part 2 - Service Delivery › Section 201 - Services provided in economic service areas.

Effective 7/1/2016
35A-2-201.
Services provided in economic service areas.
Economic service areas shall:
(1) through their employment centers, be the primary provider of services and support under Chapter 3, Employment Support Act; and
(2) provide access to and assess eligibility for services or training under Chapter 5, Training and Workforce Improvement Act.
Amended by Chapter 296, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 2 - Economic Service Areas › Part 2 - Service Delivery › Section 202 - Employment counselors -- Specialization -- Employment plan.

35A-2-202.
Employment counselors -- Specialization -- Employment plan.
(1) One or more employment counselors shall be employed at each employment center of an economic service area established under Section 35A-2-101.
(2) A client shall be assigned one employment counselor unless a client:
(a) needs only limited services under this title for which expedited procedures are appropriate; or
(b) receives diversion assistance under Section 35A-3-303.
(3) An employment counselor shall:
(a) develop an employment plan jointly with the client; and
(b) coordinate any services provided, brokered, or contracted for by the department to that client.
(4) The employment counselor assigned to a client may be selected because of the employment counselor's experience or knowledge in the benefits or services available under the title that best meet the specific needs of the client and the employment counselor's skills in working with groups of clients to develop plans leading to self-sufficiency.
(5)
(a) An employment counselor shall be:
(i) trained in the requirements of and benefits or services provided through employment centers in at least one of the following:
(A)Chapter 3, Employment Support Act; and
(B)Chapter 5, Training and Workforce Improvement Act;
(ii) capable of:
(A) conducting an effective assessment;
(B) negotiating an employment plan; and
(C) providing the necessary encouragement and support to a client; and
(iii) knowledgeable of:
(A) department policies;
(B) relevant law;
(C) current labor market conditions;
(D) education and training programs for adults; and
(E) services and supports available in the community.
(b) At the discretion of the director of an economic service area, an employment counselor may receive special training in the requirements of or providing services under the statutes listed in Subsection (5)(a)(i).
(6)
(a) A client employment plan may include:
(i) services and support necessary for stabilization;
(ii) assessment and training; and
(iii) placement.
(b) The client employment plan shall consider the job opportunities available to the client based on the job market.
(c) The client employment plan shall be outcome-focused.
(7) If a client seeks cash assistance under Chapter 3, Employment Support Act, the assignment of an employment counselor and the creation and implementation of an employment plan shall be consistent with Section 35A-3-304.
Amended by Chapter 188, 2011 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 2 - Economic Service Areas › Part 2 - Service Delivery › Section 203 - Employment centers.

Effective 5/13/2014
35A-2-203.
Employment centers.
(1) In each county within an economic service area, the executive director shall:
(a) designate the location of one or more employment centers, as defined in Section 35A-1-102, in which the services are provided by the department; or
(b) coordinate with the department to establish access to the services provided by the department by means other than an employment center.
(2) An employment center shall provide a comprehensive program of employment services including job placement, job development, stabilization, assessment, and job training through its employment counselors as part of a system of unified case management.
(3) The department may make services that are provided through employment centers under this section accessible through electronic linkage.
(4) The department shall develop and maintain a website dedicated to providing information regarding employment opportunities available throughout the state.
(5)
(a) Except when filling a job vacancy with a current employee, a government entity shall list each public job posting on the department's website.
(b) Information regarding job vacancies with private contractors that have contracted with an executive branch procurement unit shall be made available to the department for posting on the department's website by the department. Posted information shall include the name and contact information for job inquiries. This information shall be available for the duration of the contract.
(c) Faculty related job vacancies and job vacancies for part-time wage related jobs typically filled by students at state institutions of higher education are exempt from the requirements of Subsection (5)(a).
(d) Subsection (5)(a) does not apply to school districts.
Amended by Chapter 179, 2014 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 2 - Economic Service Areas › Part 2 - Service Delivery › Section 204 - Job opportunity portal for individuals with criminal histories.

Effective 5/3/2023
35A-2-204.
Job opportunity portal for individuals with criminal histories.
(1) As used in this section, "web portal" means an Internet webpage that can be accessed by a person who enters the person's unique user information in order to access secure information.
(2) The department shall, in consultation with the entities described in Subsection (4), design, create, and maintain a web portal through which a person may access data described in Subsection (3), as agreed upon by the entities described in Subsection (4).
(3) The department shall ensure the web portal allows:
(a) a business in this state, including a state or local entity, to:
(i) post a job opportunity that may be available for an individual with a criminal history;
(ii) review a resume or profile information for a job opportunity that is submitted by an individual with a criminal history; and
(iii) review information regarding incentives for hiring an individual with a criminal history; and
(b) an individual with a criminal history in this state to:
(i) review a job opportunity posted within the web portal;
(ii) apply for a job opportunity posted within the web portal; and
(iii) obtain information regarding:
(A) resume creation;
(B) interviewing skills; and
(C) other job-seeking skills.
(4) In developing the web portal described in Subsection (2), the department shall consult with:
(a) the Department of Corrections;
(b) the Division of Human Resource Management; and
(c) the business community that is likely to use the web portal.
(5) The department shall ensure that the web portal described in Subsection (2) is fully operational no later than July 1, 2024.
Enacted by Chapter 58, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 103 - Department responsibilities.

Effective 5/3/2023
35A-3-103.
Department responsibilities.
The department shall:
(1) administer public assistance programs assigned by the Legislature and the governor;
(2) determine eligibility for public assistance programs in accordance with the requirements of this chapter;
(3) cooperate with the federal government in the administration of public assistance programs;
(4) administer state employment services;
(5) provide for the compilation of necessary or desirable information, statistics, and reports;
(6) perform other duties and functions required by law;
(7) monitor the application of eligibility policy;
(8) develop personnel training programs for effective and efficient operation of the programs administered by the department;
(9) provide refugee resettlement services in accordance with Section 35A-3-701;
(10) provide child care assistance for children in accordance with Part 2, Office of Child Care;
(11) provide services that enable an applicant or recipient to qualify for affordable housing in cooperation with:
(a) the Utah Housing Corporation;
(b) the Housing and Community Development Division; and
(c) local housing authorities;
(12) administer the Medicaid Eligibility Quality Control function in accordance with 42 C.F.R. Sec. 431.812; and
(13) conduct non-clinical eligibility hearings and issue final decisions in adjudicative proceedings, including expedited appeals as defined in 42 C.F.R. Sec. 431.224, for medical assistance eligibility under:
(a)Title 26B, Chapter 3, Health Care - Administration and Assistance; or
(b)Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 103.5 - Employment and the provision of services for the disabled.

Effective 5/12/2015
35A-3-103.5.
Employment and the provision of services for the disabled.
(1) As used in this section, "recipient" means an individual who:
(a) has a disability;
(b) suffers from a mental illness; or
(c) is undergoing treatment for a substance abuse problem.
(2) Subject to funds made available for this purpose and subject to federal and state law, when providing services to a recipient in the programs provided under this chapter, the department shall give priority to providing services that assist an eligible recipient in obtaining and retaining meaningful and gainful employment that enables the recipient to earn sufficient income to:
(a) purchase goods and services;
(b) establish self-sufficiency; and
(c) exercise economic control of the recipient's life.
(3) The department shall develop a written plan to implement the policy described in Subsection (2) that includes:
(a) assessing the strengths and needs of a recipient;
(b) customizing strength-based approaches to obtaining employment;
(c) expecting, encouraging, providing, and rewarding employment:
(i) integrated employment in the workplace at competitive wages and benefits; and
(ii) self-employment;
(d) developing partnerships with potential employers;
(e) maximizing appropriate employment training opportunities;
(f) coordinating services with other government agencies and community resources;
(g) to the extent possible, eliminating practices and policies that interfere with the policy described in Subsection (2); and
(h) arranging sub-minimum wage work or volunteer work for an eligible recipient when employment at market rates cannot be obtained.
(4) The department shall, on an annual basis:
(a) set goals to implement the policy described in Subsection (2) and the plan described in Subsection (3);
(b) determine whether the goals for the previous year have been met; and
(c) modify the plan described in Subsection (3) as needed.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 104 - Contracts for administration and provision of public assistance.

Effective 5/12/2015
35A-3-104.
Contracts for administration and provision of public assistance.
The department may contract with other public or private agencies to assist in the administration and provision of public assistance.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 105 - Determination of eligibility and responsibility -- Information from State Tax Commission.

Effective 5/12/2015
35A-3-105.
Determination of eligibility and responsibility -- Information from State Tax Commission.
(1) The department may have access to relevant information contained in the income tax returns of an applicant, a recipient, or a person who has a duty to support an applicant or recipient, in determining:
(a) eligibility for public assistance;
(b) payment responsibilities for institutional care; or
(c) any other administrative purpose consistent with this chapter.
(2) The information requested by the department shall be:
(a) provided by the State Tax Commission on forms furnished by the department; and
(b) treated by the department as a private record under Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 106 - Residency requirements.

Effective 5/12/2015
35A-3-106.
Residency requirements.
(1) An applicant is only eligible for public assistance under this chapter if the applicant is living in Utah voluntarily with the intention of making the state the applicant's place of residence.
(2) An applicant is not eligible for public assistance under this chapter if the applicant is living in Utah for a temporary purpose.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 108 - Assignment of support.

Effective 5/12/2015
35A-3-108.
Assignment of support.
(1)
(a) An applicant shall provide an assignment of support to the department regardless of whether the payment is court ordered.
(b) Upon the receipt of public assistance, any right of the recipient to receive support from another person passes to the state, including a right to support on behalf of any family member for whom the recipient is applying for or receiving assistance, even if the recipient has not executed and delivered an assignment of support to the department as required by Subsection (1)(a).
(2) An assignment of support, or a right to receive support passed to the state, includes payments ordered, decreed, or adjudged by a court within this state, another state, or a territory of the United States and is not in lieu of, and does not supersede or alter, any other court order, decree, or judgment.
(3) When an assignment of support is executed or the right to support passes to the state under this section, the recipient is eligible to regular monthly assistance and the support paid to the state is a refund.
(4) All money refunded under this section shall be deposited into the General Fund, except any amount which is required to be credited to the federal government.
(5) On and after the date a recipient stops receiving cash assistance, an assignment of support under this section does not apply to support that accrued before the recipient received the cash assistance if:
(a) the state has not collected the support by the date the recipient stops receiving cash assistance; and
(b) the assignment was executed on or after October 1, 1998.
(6) The state shall distribute arrearages to a recipient in accordance with the requirements of the Social Security Act, 42 U.S.C. Sec. 657.
(7) When an assignment of support includes child support, the total amount of child support assigned to the state and collected under this section may not exceed the total amount of cash assistance received by the recipient.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 109 - Assistance provided to guardian or other caretaker -- Periodic review.

Effective 5/12/2015
35A-3-109.
Assistance provided to guardian or other caretaker -- Periodic review.
(1) At the discretion of the department, the department may pay the public assistance to the legal guardian of a recipient.
(2) The department may only provide cash assistance on behalf of an eligible recipient under Part 3, Family Employment Program, to another individual interested in or concerned with the welfare of the recipient if:
(a) by reason of the recipient's physical or mental condition, the recipient is unable to manage funds;
(b) the provision of cash assistance directly to the recipient would be contrary to the recipient's welfare; or
(c) the department is acting according to federal requirements.
(3) The department shall:
(a) undertake or contract with other state agencies to make special efforts to protect the welfare of a recipient and improve the recipient's capacity for self-care; and
(b) periodically review a recipient's condition to determine whether, in the best interest of the recipient:
(i) cash assistance that is provided to an individual other than the recipient should be discontinued; or
(ii) a legal guardian should be appointed.
Amended by Chapter 221, 2015 General Session