reglab/statecodes huggingface dataset:
2023 Utah Code › Title 34 - Labor in General › Chapter 53 - Service Marketplace Platforms Act › Part 2 - Employment Status › Section 201 - Independent contractor presumption.

Effective 5/8/2018
34-53-201.
Independent contractor presumption.
(1) A building service contractor may affiliate with a service marketplace platform as an independent contractor or as an employee.
(2)
(a) There is a presumption that a building service contractor who affiliates with a service marketplace platform is an independent contractor, unless there is clear and convincing evidence that the parties intended the building service contractor to be an employee.
(b) The presumption described in Subsection (2)(a) extends to each act the building service contractor performs in connection with a request for a building service placed through the service marketplace platform.
Enacted by Chapter 386, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 53a - Remote Service Marketplace Platforms Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/5/2021
34-53a-102.
Definitions.
As used in this chapter:
(1) "Digital application" means an Internet-connected software application that a person uses to obtain or provide a remote service.
(2) "Marketplace company" means a person that:
(a) offers a digital application to the public; and
(b) accepts requests for remote services exclusively through the person's digital application.
(3)
(a) "Remote service" means a service that a person performs remotely through a digital application.
(b) "Remote service" includes tutoring, closed captioning, open captioning, subtitling, transcribing, translating, interpreting, and conducting a language assessment remotely through a digital application.
(4) "Remote-service contractor" means a person who uses a marketplace company's digital application to provide a remote service to another person.
Enacted by Chapter 198, 2021 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 53a - Remote Service Marketplace Platforms Act › Part 2 - Employment Status › Section 201 - Conditions under which a remote-service contractor is not an employee of a marketplace company.

Effective 5/5/2021
34-53a-201.
Conditions under which a remote-service contractor is not an employee of a marketplace company.
(1) A remote-service contractor is not an employee of a marketplace company, if under the agreement between the remote-service contractor and the marketplace company and in fact:
(a) all or substantially all of the work the remote-service contractor performs under the agreement:
(i) is on a per-job or per-transaction basis; and
(ii) the remote-service contractor receives payment for on an hourly, per-job, or per-transaction basis;
(b) the marketplace company does not:
(i) prescribe specific hours during which the remote-service contractor must be available to accept a request for remote service;
(ii) prescribe a specific location where the remote-service contractor must be available to perform a remote service; or
(iii) restrict the remote-service contractor from engaging in another occupation or business; and
(c) except for the use of the marketplace company's digital application, the remote-service contractor is responsible for providing the necessary tools, materials, and equipment to perform a remote service a person requests through the marketplace company's digital application.
(2) A marketplace company's act of screening or training a remote-service contractor does not affect the remote-service contractor's employment status under this chapter.
Enacted by Chapter 198, 2021 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 54 - Promotion of Student Loan Forgiveness Programs Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/14/2019
34-54-101.
Title.
This chapter is known as "Promotion of Student Loan Forgiveness Programs Act."
Enacted by Chapter 220, 2019 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 54 - Promotion of Student Loan Forgiveness Programs Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/14/2019
34-54-102.
Definitions.
As used in this chapter:
(1) "Division" means the Division of Antidiscrimination and Labor in the commission.
(2)
(a) "Employer" means, except as provided in Subsection (2)(b), a public service organization in the state that employs one or more individuals.
(b) "Employer" does not include:
(i) a federal or tribal government organization, agency, or entity; or
(ii) a tribal college or university.
(3) "Employment certification form" means the form provided by the United States Department of Education, in part, to verify that an individual's employment qualifies for participation in a student loan forgiveness program.
(4) "LEA" means a school district, a charter school, or the Utah Schools for the Deaf and the Blind.
(5) "Public Service Loan Forgiveness Program" means the Public Service Loan Forgiveness Program described in 34 C.F.R. 685.219.
(6) "Public service organization" means the same as that term is defined in 34 C.F.R. 685.219.
(7) "Student loan forgiveness program" means:
(a) the Public Service Loan Forgiveness Program; or
(b) the Teacher Loan Forgiveness Program.
(8) "Teacher" means the same as that term is defined in 34 C.F.R. 685.217.
(9) "Teacher Loan Forgiveness Program" means the Teacher Loan Forgiveness Program described in 34 C.F.R. 685.217.
Enacted by Chapter 220, 2019 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 54 - Promotion of Student Loan Forgiveness Programs Act › Part 2 - Promotion of Student Loan Forgiveness Programs › Section 201 - Division duties.

Effective 5/14/2019
34-54-201.
Division duties.
(1) For each student loan forgiveness program, the division shall develop a set of informational materials designed to increase awareness of the program among eligible residents of the state.
(2) In each set of informational materials described in Subsection (1), the division shall include:
(a) a one-page form letter for an employer to give to an employee who may be eligible for the loan forgiveness program that:
(i) briefly summarizes the loan forgiveness program;
(ii) describes each step the employee must take to participate in the loan forgiveness program; and
(iii) recommends the employee contact the employee's student loan servicer for additional information about the loan forgiveness program; and
(b) a document that contains answers to frequently asked questions about the loan forgiveness program.
(3) The division may use information published by a federal agency to satisfy any requirement of Subsection (1) or (2).
(4) The division shall:
(a) make each set of informational materials described in this section available on the division's website; and
(b) ensure that each set of informational materials described in this section contains current and accurate information.
Enacted by Chapter 220, 2019 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 54 - Promotion of Student Loan Forgiveness Programs Act › Part 2 - Promotion of Student Loan Forgiveness Programs › Section 202 - Employer obligations.

Effective 5/14/2019
34-54-202.
Employer obligations.
(1)
(a) At least once each calendar year, an employer shall give each of the employer's employees an electronic copy of the set of informational materials that the division develops in accordance with Section 34-54-201 for the Public Service Loan Forgiveness Program.
(b) An employer shall give each employee hired on or after July 1, 2019, an electronic copy of the materials described in Subsection (1)(a) within 14 days after the day on which the employee begins work for the employer.
(2) Upon request from an employee, an employer shall complete the employer portions of an employment certification form and provide a copy of the employment certification form to the employee.
Enacted by Chapter 220, 2019 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 54 - Promotion of Student Loan Forgiveness Programs Act › Part 2 - Promotion of Student Loan Forgiveness Programs › Section 203 - Additional LEA obligations.

Effective 5/14/2019
34-54-203.
Additional LEA obligations.
(1)
(a) At least once each calendar year, an LEA shall give each of the LEA's teachers an electronic copy of the set of informational materials that the division develops in accordance with Section 34-54-201 for the Teacher Loan Forgiveness Program.
(b) An LEA shall give each teacher hired on or after July 1, 2019, an electronic copy of the materials described in Subsection (1)(a) within 14 days after the day on which the teacher begins work for the LEA.
(2) An LEA's obligations under this section are in addition to the other requirements of this chapter.
Enacted by Chapter 220, 2019 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 55 - Emergency Services Volunteer Employment Protection Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/14/2019
34-55-101.
Title.
This chapter is known as "Emergency Services Volunteer Employment Protection Act."
Enacted by Chapter 126, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 34 - Labor in General › Chapter 55 - Emergency Services Volunteer Employment Protection Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
Superseded 7/1/2024
34-55-102.
Definitions.
(1) "Emergency" means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster.
(2) "Emergency services volunteer" means:
(a) a volunteer firefighter as defined in Section 49-16-102;
(b) an individual licensed under Section 26B-4-116; or
(c) an individual mobilized as part of a posse comitatus.
(3) "Employer" means a person, including the state or a political subdivision of the state, that has one or more workers employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
(4) "Public safety agency" means a governmental entity that provides fire protection, law enforcement, ambulance, medical, or other emergency services.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 55 - Emergency Services Volunteer Employment Protection Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2024
34-55-102.
Definitions.
(1) "Emergency" means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster.
(2) "Emergency services volunteer" means:
(a) a volunteer firefighter as defined in Section 49-16-102;
(b) an individual licensed under Section 53-2d-402; or
(c) an individual mobilized as part of a posse comitatus.
(3) "Employer" means a person, including the state or a political subdivision of the state, that has one or more workers employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
(4) "Public safety agency" means a governmental entity that provides fire protection, law enforcement, ambulance, medical, or other emergency services.
Amended by Chapter 310, 2023 General Session
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 55 - Emergency Services Volunteer Employment Protection Act › Part 2 - Employment Protection for Emergency Services Volunteers › Section 201 - Prohibition on termination -- Loss of compensation -- Permitted request for statement.

Effective 5/14/2019
34-55-201.
Prohibition on termination -- Loss of compensation -- Permitted request for statement.
(1)
(a) An employer may not terminate the employment of an employee solely for being an emergency services volunteer.
(b) An employer may not terminate the employment of an employee who is an emergency services volunteer for being absent from or late to work, if at the time the employee is absent from or late to work the employee is responding to an emergency as an emergency services volunteer.
(2) An employer may reduce the regular pay of an employee who is an emergency services volunteer for time the employee misses work because the employee is responding to an emergency as an emergency services volunteer.
(3) An employer may request that an employee who is an emergency services volunteer and misses time from work to respond to an emergency provide the employer with a written statement that:
(a) is from the supervisor or acting supervisor of the employee when the employee is in the course of performing duties as an emergency services volunteer;
(b) states that the employee responded to an emergency; and
(c) states the time and date of the employee's service as an emergency services volunteer.
(4)
(a) Except as provided in Subsection (4)(b), if an employee who is an emergency services volunteer responds to an emergency as an emergency services volunteer, the employee shall make a reasonable effort to notify the employee's employer of any absence from or tardiness to work because of that response.
(b) If an employee is an emergency services volunteer and is a full-time employee of a public safety agency, the employee shall, before responding to an emergency, obtain permission from the employee's public safety agency employer to respond to the emergency.
Enacted by Chapter 126, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 34 - Labor in General › Chapter 55 - Emergency Services Volunteer Employment Protection Act › Part 2 - Employment Protection for Emergency Services Volunteers › Section 202 - Civil action for violation of chapter.

Effective 5/14/2019
34-55-202.
Civil action for violation of chapter.
(1) If an employer terminates an employee in violation of this chapter, the employee may bring a civil action against the employer within one year after the day on which the employer terminates the employee.
(2) In a civil action described in Subsection (1), the court may order the employer to:
(a) reinstate the employee in the employee's former position, including any fringe benefits or seniority rights; or
(b) pay the employee back wages.
Enacted by Chapter 126, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 34 - Labor in General › Chapter 56 - Workplace Covid-19 Provisions › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/4/2022
34-56-101.
Definitions.
As used in this chapter:
(1)
(a) "Adverse action" means:
(i) an action that results in:
(A) the refusal to hire a potential employee; or
(B) the termination of employment, demotion, or reduction of wages of an employee; or
(ii) a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee.
(b) "Adverse action" does not include an employer's reassignment of an employee, if the employee's COVID-19 vaccination status is not the only reason for the reassignment.
(2) "COVID-19 vaccine" means a substance that is:
(a)
(i) approved for use by the United States Food and Drug Administration; or
(ii) authorized for use by the United States Food and Drug Administration under an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
(b) injected into or otherwise administered to an individual; and
(c) intended to immunize an individual against COVID-19 as defined in Section 78B-4-517.
(3) "COVID-19 vaccination status" means the state of whether an individual has received a COVID-19 vaccine.
(4) "Employee" means an individual suffered or permitted to work by an employer.
(5)
(a) Except as provided in Subsection (5)(c), "employer" means the same as that term is defined in Section 34A-6-103.
(b) Except as provided in Subsection (5)(c), "employer" includes a federal contractor.
(c) "Employer" does not include:
(i) a person that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a COVID-19 vaccine, during the period that the regulation is in effect; or
(ii) a health care provider, as defined in Section 78B-3-403, that is a participating provider for the Centers for Medicare and Medicaid Services.
(6) "Governmental entity" means:
(a) an executive branch agency as defined in Section 63A-16-102;
(b) the legislative branch;
(c) the judicial branch;
(d) the State Board of Education;
(e) the Utah Board of Higher Education;
(f) an institution of higher education; and
(g) a political subdivision of the state:
(i) as defined in Section 17B-1-102; and
(ii) including a school district.
(7) "Nurse practitioner" means an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.
(8) "Physician" means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(9) "Physician assistant" means an individual who is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
(10) "Primary care provider" means a nurse practitioner, physician, or physician assistant.
(11) "Workplace" means the same as that term is defined in Section 34A-6-103.
Renumbered and Amended by Chapter 119, 2022 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 56 - Workplace Covid-19 Provisions › Part 1 - General Provisions › Section 102 - Scope.

Effective 5/4/2022
34-56-102.
Scope.
If a requirement imposed on an employer under this chapter substantially impairs the fulfillment of a contract entered into before May 4, 2022, to which the employer is a party, the requirement does not apply to the employer.
Enacted by Chapter 119, 2022 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 56 - Workplace Covid-19 Provisions › Part 2 - Vaccinations, Recordkeeping, and Testing › Section 201 - Employee COVID-19 vaccination, recordkeeping, and testing provisions.

Effective 5/4/2022
34-56-201.
Employee COVID-19 vaccination, recordkeeping, and testing provisions.
(1)
(a) Except as provided in Subsection (1)(b), an employer who requires an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccine shall exempt the employee or prospective employee from the requirement if the employee or prospective employee submits to the employer:
(i) a statement that receiving a COVID-19 vaccine would:
(A) be injurious to the health and well-being of the employee or prospective employee;
(B) conflict with a sincerely held religious belief, practice, or observance of the employee or prospective employee; or
(C) conflict with a sincerely held personal belief of the employee or prospective employee; or
(ii) a letter from the employee or prospective employee's primary care provider stating that the employee or prospective employee was previously infected by COVID-19.
(b) An employer may require an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccination without providing an exemption described in Subsection (1)(a), if:
(i)
(A) the employer establishes a nexus between the requirement and the employee's assigned duties and responsibilities; or
(B) the employer identifies an external requirement for vaccination that is not imposed by the employer and is related to the employee's duties and responsibilities; and
(ii) reassignment of the employee is not practical.
(c)
(i) An employer may not keep or maintain a record or copy of an employee's proof of vaccination, unless:
(A) otherwise required by law; or
(B) an established business practice or industry standard requires otherwise.
(ii) Subsection (1)(c)(i) does not prohibit an employer from verbally asking an employee to voluntarily disclose whether the employee is vaccinated.
(2)
(a) An employer shall pay for all COVID-19 testing an employee receives in relation to or as a condition of the employee's presence at the workplace.
(b) An employer may not keep or maintain a record or copy of an employee's COVID-19 test results, unless otherwise required by law.
(3) An employer may not take an adverse action against an employee because of an act the employee makes in accordance with this chapter.
Enacted by Chapter 119, 2022 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 57 - Portable Benefit Plan › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/3/2023
34-57-101.
Definitions.
As used in this chapter:
(1) "Hiring party" means a person who hires or enters into a contract with an independent contractor.
(2) "Independent contractor" means the same as that term is defined in Section 34A-2-103.
(3) "Portable benefit plan" means a group that:
(a) offers an insurance product regulated by:
(i)Title 31A, Insurance Code; or
(ii)Title 35A, Chapter 4, Employment Security Act; and
(b) is assigned to an individual beneficiary and is not associated with a specific employer or hiring party.
Enacted by Chapter 517, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 57 - Portable Benefit Plan › Part 1 - General Provisions › Section 102 - Administration -- Assignment of benefits -- Portability.

Effective 5/3/2023
34-57-102.
Administration -- Assignment of benefits -- Portability.
(1) A governmental entity or private entity may offer a portable benefit plan.
(2) Contributions to a portable benefit plan:
(a) shall be voluntary; and
(b) may not be used as a criterion for determining a person's employment classification.
(3) If an Internet or application-based company contributes to a portable benefit plan for the benefit of an individual beneficiary:
(a) the contribution is not evidence of employer liability; and
(b) a court may not construe the contribution as an element of an employment relationship for purposes of:
(i)Title 34A, Chapter 2, Workers' Compensation Act; or
(ii)Title 35A, Chapter 4, Employment Security Act.
Enacted by Chapter 517, 2023 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/8/2018
34A-1-102.
Definitions.
Unless otherwise specified, as used in this title:
(1) "Certified mail" means a method of mailing by any carrier that is accompanied by proof of delivery.
(2) "Commission" means the Labor Commission created in Section 34A-1-103.
(3) "Commissioner" means the commissioner of the commission appointed under Section 34A-1-201.
Amended by Chapter 156, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 1 - General Provisions › Section 103 - Labor Commission -- Creation -- Seal.

34A-1-103.
Labor Commission -- Creation -- Seal.
(1) There is created the Labor Commission that has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities outlined in:
(a) this title; and
(b) unless otherwise specified, Title 34, Labor in General.
(2) The commission may sue and be sued.
(3)
(a) The commission shall have an official seal for the authentication of its orders. A description and impression of the seal shall be filed with the Division of Archives.
(b) A court in this state shall take judicial notice of the seal of the commission.
Enacted by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 1 - General Provisions › Section 104 - Commission authority.

34A-1-104.
Commission authority.
Within all other authority or responsibility granted to it by law, the commission may:
(1) adopt rules when authorized by this title, or Title 34, Labor in General, in accordance with the procedures of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(2) conduct adjudicative proceedings in accordance with the procedures of Title 63G, Chapter 4, Administrative Procedures Act;
(3) license agencies in accordance with this title or Title 34, Labor in General;
(4) employ and determine the compensation of clerical, legal, technical, investigative, and other employees necessary to carry out its policymaking, regulatory, and enforcement powers, rights, duties, and responsibilities under this title or Title 34, Labor in General;
(5) administer and enforce all laws for the protection of the life, health, and safety of employees;
(6) ascertain and fix reasonable standards, and prescribe, modify, and enforce reasonable orders, for the adoption of safety devices, safeguards, and other means or methods of protection, to be as nearly uniform as possible, as necessary to carry out all laws and lawful orders relative to the protection of the life, health, and safety, of employees in employment and places of employment;
(7) ascertain, fix, and order reasonable standards for the construction, repair, and maintenance of places of employment as shall make them safe;
(8) investigate, ascertain, and determine reasonable classifications of persons, employments, and places of employment as necessary to carry out the purposes of this title or Title 34, Labor in General;
(9) promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employees;
(10) ascertain and adopt reasonable standards and rules, prescribe and enforce reasonable orders, and take other actions appropriate for the protection of life, health, and safety of all persons with respect to all prospects, tunnels, pits, banks, open cut workings, quarries, strip mine operations, ore mills, and surface operations or any other mining operation, whether or not the relationship of employer and employee exists, but the commission may not assume jurisdiction or authority over adopted standards and regulations or perform any mining inspection or enforcement of mining rules and regulations so long as Utah's mining operations are governed by federal regulations;
(11) develop processes to ensure that the commission responds to the full range of employee and employer clients; and
(12) carry out the responsibilities assigned to it by statute.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 1 - General Provisions › Section 105 - Commission budget -- Reports from divisions.

34A-1-105.
Commission budget -- Reports from divisions.
(1) The commission shall prepare and submit to the governor for inclusion in the governor's budget to be submitted to the Legislature, a budget of the commission'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 commissioner shall require a report from each of the divisions and offices of the commission, to aid in preparation of the commission budget.
Enacted by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 1 - General Provisions › Section 106 - Fees.

34A-1-106.
Fees.
(1) Unless otherwise provided by statute, the commission may adopt a schedule of fees assessed for services provided by the commission by following the procedures and requirements of Section 63J-1-504.
(2) The commission shall submit each fee established under this section to the Legislature for its approval as part of the commission's annual appropriations request.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 2 - Organization › Section 201 - Commissioner -- Appointment -- Removal -- Compensation -- Qualifications -- Responsibilities -- Reports.

Effective 7/1/2021
34A-1-201.
Commissioner -- Appointment -- Removal -- Compensation -- Qualifications -- Responsibilities -- Reports.
(1)
(a) The chief administrative officer of the commission is the commissioner, who shall be appointed by the governor with the advice and consent of the Senate.
(b) The commissioner shall serve at the pleasure of the governor.
(c) The commissioner 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 commissioner shall be experienced in administration, management, and coordination of complex organizations.
(2)
(a) The commissioner shall serve full-time.
(b)
(i) Except as provided in Subsection (2)(b)(ii), the commissioner may not:
(A) hold any other office of this state, another state, or the federal government except in an ex officio capacity; or
(B) serve on any committee of any political party.
(ii) Notwithstanding Subsection (2)(b)(i), the commissioner may:
(A) hold a nominal position or title if it is required by law as a condition for the state participating in an appropriation or allotment of any money, property, or service that may be made or allotted for the commission; or
(B) serve as the chief administrative officer of any division, office, or bureau that is established within the commission.
(iii) If the commissioner holds a position as permitted under Subsection (2)(b)(ii), the commissioner may not be paid any additional compensation for holding the position.
(3) Before beginning the duties as a commissioner, an appointed commissioner shall take and subscribe the constitutional oath of office and file the oath with the Division of Archives.
(4) The commissioner shall:
(a) administer and supervise the commission in compliance with Title 63A, Chapter 17, Utah State Personnel Management Act;
(b) approve the proposed budget of each division and the Appeals Board;
(c) approve all applications for federal grants or assistance in support of any commission program; and
(d) fulfill such other duties as assigned by the Legislature or as assigned by the governor that are not inconsistent with this title or Title 34, Labor in General.
(5)
(a) The commissioner shall report annually to the Legislature and the governor concerning the operations of the commission and the programs that the commission administers.
(b) If federal law requires that a report to the governor or Legislature be given concerning the commission or a program administered by the commission, the commissioner or the commissioner's designee shall make that report.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 2 - Organization › Section 202 - Divisions and office -- Creation -- Duties -- Labor Relations Board, Appeals Board, councils, and panel.

Affected by 63I-1-234 on 7/1/2024
34A-1-202.
Divisions and office -- Creation -- Duties -- Labor Relations Board, Appeals Board, councils, and panel.
(1) There is created within the commission the following divisions and office:
(a) the Division of Industrial Accidents that shall administer the regulatory requirements of this title concerning industrial accidents and occupational disease;
(b) the Division of Occupational Safety and Health that shall administer the regulatory requirements of Chapter 6, Utah Occupational Safety and Health Act;
(c) the Division of Boiler and Elevator Safety that shall administer the regulatory requirements of Chapter 7, Safety;
(d) the Division of Antidiscrimination and Labor that shall administer the regulatory requirements of:
(i)Title 34, Labor in General, when specified by statute;
(ii)Chapter 5, Utah Antidiscrimination Act;
(iii) this title, when specified by statute; and
(iv)Title 57, Chapter 21, Utah Fair Housing Act;
(e) the Division of Adjudication that shall adjudicate claims or actions brought under this title; and
(f) the Utah Office of Coal Mine Safety created in Section 40-2-201.
(2) In addition to the divisions created under this section, within the commission are the following:
(a) the Labor Relations Board created in Section 34-20-3;
(b) the Appeals Board created in Section 34A-1-205;
(c) the following program advisory councils:
(i) the workers' compensation advisory council created in Section 34A-2-107;
(ii) the Mine Safety Technical Advisory Council created in Section 40-2-203; and
(iii) the Coal Miner Certification Panel created in Section 40-2-204.
(3) In addition to the responsibilities described in this section, the commissioner may assign to a division a responsibility granted to the commission by law.
Amended by Chapter 413, 2013 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 2 - Organization › Section 203 - Commissioner -- Jurisdiction over division directors -- Authority.

34A-1-203.
Commissioner -- Jurisdiction over division directors -- Authority.
(1) The commissioner has administrative jurisdiction over each division.
(2) To effectuate greater efficiency and economy in the operations of the commission, the commissioner may:
(a) make changes in personnel and service functions in the divisions under the commissioner's administrative jurisdiction; and
(b) authorize designees to perform appropriate responsibilities.
(3) To facilitate management of the commission, the commissioner may establish offices necessary to implement this title or to perform functions such as budgeting, planning, data processing, and personnel administration.
Enacted by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 2 - Organization › Section 204 - Division directors -- Appointment -- Compensation -- Qualifications.

Effective 7/1/2021
34A-1-204.
Division directors -- Appointment -- Compensation -- Qualifications.
(1) The chief officer of each division within the commission shall be a director, who shall serve as the executive and administrative head of the division.
(2) A director shall be appointed by the commissioner with the concurrence of the governor and may be removed from that position at the will of the commissioner.
(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 commissioner.
(b) In addition to the requirements imposed under Subsection (4)(a), the director of the Division of Adjudication shall be admitted to the practice of law in this state.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 3 - Adjudicative Proceedings › Section 301 - Commission jurisdiction and power.

34A-1-301.
Commission jurisdiction and power.
The commission has the duty and the full power, jurisdiction, and authority to determine the facts and apply the law in this chapter or any other title or chapter it administers.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 3 - Adjudicative Proceedings › Section 302 - Presiding officers for adjudicative proceedings -- Subpoenas -- Independent judgment -- Consolidation -- Record -- Notice of order.

34A-1-302.
Presiding officers for adjudicative proceedings -- Subpoenas -- Independent judgment -- Consolidation -- Record -- Notice of order.
(1)
(a) The commissioner shall authorize the Division of Adjudication to call, assign a presiding officer, and conduct hearings and adjudicative proceedings when an application for a proceeding is filed with the Division of Adjudication under this title.
(b) The director of the Division of Adjudication or the director's designee may issue subpoenas. Failure to respond to a properly issued subpoena may result in a contempt citation and offenders may be punished as provided in Section 78B-6-313.
(c) Witnesses subpoenaed under this section are allowed fees as provided by law for witnesses in the district court of the state. The witness fees shall be paid by the state unless the witness is subpoenaed at the instance of a party other than the commission.
(d) A presiding officer assigned under this section may not participate in any case in which the presiding officer is an interested party. Each decision of a presiding officer shall represent the presiding officer's independent judgment.
(2) If, in the judgment of the presiding officer having jurisdiction of the proceeding the consolidation would not be prejudicial to any party, when the same or substantially similar evidence is relevant and material to the matters in issue in more than one proceeding, the presiding officer may:
(a) fix the same time and place for considering each matter;
(b) jointly conduct hearings;
(c) make a single record of the proceedings; and
(d) consider evidence introduced with respect to one proceeding as introduced in the others.
(3)
(a) The commission shall keep a full and complete record of all adjudicative proceedings in connection with a disputed matter.
(b) All testimony at any hearing shall be recorded but need not be transcribed. If a party requests transcription, the transcription shall be provided at the party's expense.
(c) All records on appeals shall be maintained by the Division of Adjudication. The records shall include an appeal docket showing the receipt and disposition of the appeals.
(4) A party in interest shall be given notice of the entry of a presiding officer's order or any order or award of the commission. The mailing of the copy of the order or award to the last-known address in the files of the commission of a party in interest and to the attorneys or agents of record in the case, if any, is considered to be notice of the order.
(5) In any formal adjudicative proceeding, the presiding officer may take any action permitted under Section 63G-4-206.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 3 - Adjudicative Proceedings › Section 304 - Definitions -- Rulemaking -- Electronic or similar methods of proceedings.

34A-1-304.
Definitions -- Rulemaking -- Electronic or similar methods of proceedings.
(1) For purposes of this section:
(a) "Deliver" means to serve, file, or otherwise provide a document.
(b) "Document" includes a notice, order, decision, or other document that is required or permitted by a relevant statute.
(c) "Relevant statute" means a provision of:
(i) this title;
(ii)Title 34, Labor in General, for which the commissioner has regulatory authority;
(iii)Title 40, Chapter 2, Coal Mine Safety Act; or
(iv)Title 57, Chapter 21, Utah Fair Housing Act.
(2)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules governing adjudicative procedures under a relevant statute, including providing the form of a notice and the manner of serving a notice.
(b) Except as provided in this title and Title 63G, Chapter 4, Administrative Procedures Act, a rule made under this section is not required to conform to common law or statutory rules of evidence or other technical rules of procedure.
(3) The rules made under this section shall protect the rights of the parties and include procedures to:
(a) dispose of a case informally or expedite claims adjudication;
(b) narrow issues; and
(c) simplify the methods of proof at a hearing.
(4) The commission may by rule permit a hearing or other adjudicative proceeding to be conducted, recorded, or published by an electronic means or similar method.
(5) Notwithstanding whether a relevant statute requires that a document be delivered by mail or otherwise, the commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, permit a document to be delivered by electronic means pursuant to the rule.
Amended by Chapter 261, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 3 - Adjudicative Proceedings › Section 305 - Orders of commission -- Presumed lawful.

34A-1-305.
Orders of commission -- Presumed lawful.
All orders of the commission within its jurisdiction shall be presumed reasonable and lawful until they are found otherwise in an action brought for that purpose, or until altered or revoked by the commission.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 3 - Adjudicative Proceedings › Section 306 - Orders not to be set aside on technicalities.

34A-1-306.
Orders not to be set aside on technicalities.
A substantial compliance with the requirements of this chapter shall be sufficient to give effect to the orders of the commission, and they may not be declared inoperative, illegal, or void for any omission of a technical nature.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 3 - Adjudicative Proceedings › Section 307 - Action permitted in adjudicative proceedings.

34A-1-307.
Action permitted in adjudicative proceedings.
For the purposes mentioned in this title, the commission may take any action permitted:
(1) if a formal adjudicative proceeding, under Section 63G-4-205 or 63G-4-206; or
(2) if an informal adjudicative proceeding, under Section 63G-4-203.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 3 - Adjudicative Proceedings › Section 308 - Depositions.

34A-1-308.
Depositions.
The commission or any party may in any investigation cause depositions of witnesses residing within or without the state to be taken as in civil actions.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 3 - Adjudicative Proceedings › Section 309 - Add-on fees.

Effective 5/3/2023
34A-1-309.
Add-on fees.
(1) As used in this section:
(a) "Carrier" means:
(i) a workers' compensation insurance carrier;
(ii) the Uninsured Employers' Fund, an employer that does not carry workers' compensation insurance; or
(iii) a self-insured employer as defined in Section 34A-2-201.5.
(b) "Indemnity compensation" means a workers' compensation claim for indemnity benefits that arises from or may arise from a denial of a medical claim.
(c) "Medical claim" means a workers' compensation claim for medical expenses or recommended medical care.
(d) "Unconditional denial" means a carrier's denial of a medical claim:
(i) after the carrier completes an investigation; or
(ii) 90 days after the day on which the claim was submitted to the carrier.
(2)
(a) The commission may award an add-on fee to a claimant to be paid by the carrier if:
(i) a medical claim is at issue;
(ii) the carrier issues an unconditional denial of the medical claim;
(iii) the claimant hires an attorney to represent the claimant during the formal adjudicative process before the commission;
(iv) after the carrier issues the unconditional denial, the commission orders the carrier or the carrier agrees to pay the medical claim; and
(v) any award of indemnity compensation in the case is less than $5,000.
(b) An award of an add-on fee under this section is in addition to:
(i) the amount awarded for the medical claim or indemnity compensation; and
(ii) any amount for attorney fees agreed upon between the claimant and the claimant's attorney.
(c) An award under this section is governed by the law in effect at the time the claimant files an application for hearing with the Division of Adjudication.
(d)
(i) Medical expenses awarded as part of a medical claim under this section shall be calculated in accordance with the amount the carrier is required to pay under the rules established by the commission under Subsection 34A-2-407(9).
(ii) If the medical expenses awarded under this section are not set forth in the rules described in Subsection 34A-2-407(9), the medical expenses shall be calculated based on the amount the carrier paid or is contractually required to pay to the medical provider, whichever is greater.
(3) If the commission awards an add-on fee under this section, the commission shall award the add-on fee in the following amount:
(a) the lesser of 25% of the medical expenses the commission awards to the claimant or $25,000, for a case that is resolved at the commission level;
(b) the lesser of 30% of the medical expenses the Utah Court of Appeals awards to the claimant or $30,000, for a case that is resolved on appeal before the Utah Court of Appeals; or
(c) the lesser of 35% of the medical expenses that the Utah Supreme Court awards to the claimant or $35,000, for a case that is resolved on appeal before the Utah Supreme Court.
(4) If a court invalidates any portion of this section, the entire section is invalid.
Amended by Chapter 364, 2023 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 3 - Adjudicative Proceedings › Section 310 - Record of proceedings before commission.

34A-1-310.
Record of proceedings before commission.
A record shall be kept of all proceedings before the commission on any investigation in accordance with Section 34A-1-302.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 4 - Miscellaneous › Section 401 - Attorney general and county attorneys -- Duties.

34A-1-401.
Attorney general and county attorneys -- Duties.
If requested by the commission, the attorney general or any county or district attorney shall:
(1) institute and prosecute the necessary actions or proceedings for the enforcement of any order of the commission or of any of the provisions of this title; or
(2) defend any suit, action, or proceeding brought against the commission.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 4 - Miscellaneous › Section 402 - Publication of orders, rules, and rates.

34A-1-402.
Publication of orders, rules, and rates.
(1)
(a) The commission shall make available in proper form for distribution to the public, its orders and rules; and
(b) furnish the information made available under Subsection (1) to any person upon request.
(2) The commission may in accordance with Section 63G-2-203 charge a fee for furnishing materials under this section.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 4 - Miscellaneous › Section 403 - Judgments in favor of commission -- Preference.

34A-1-403.
Judgments in favor of commission -- Preference.
All judgments obtained in any action prosecuted by the commission or the state under this title shall have the same preference against the assets of the employer as claims for taxes.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 4 - Miscellaneous › Section 404 - Injunction prohibited.

34A-1-404.
Injunction prohibited.
(1) An injunction may not be issued suspending or restraining:
(a) any order by the commission or decision under this title; or
(b) any action of the state auditor, state treasurer, attorney general, or the auditor or treasurer of any county, required to be taken by them or any of them by this title.
(2) Notwithstanding Subsection (1), this section does not affect:
(a) any right or defense in any action brought by the commission or the state in pursuance of authority contained in this title; or
(b) the right any party of interest has to appeal a decision or final order of the commission.
Renumbered and Amended by Chapter 375, 1997 General Session