reglab/statecodes huggingface dataset:
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 6 - Administrative Determination of Overpayment Act › Section 607 - Property subject to execution or lien -- Restriction on transfer or conveyance -- Release of excess amount above liability to obligor.

Effective 5/12/2015
35A-3-607.
Property subject to execution or lien -- Restriction on transfer or conveyance -- Release of excess amount above liability to obligor.
(1)
(a) Unless released under Subsection (1)(b), after receiving notice that an abstract has been docketed and a lien established under this part, a person in possession of property that may be subject to execution or lien may not pay over, release, sell, transfer, encumber, or convey that property to a person other than the department.
(b) The restrictions under Subsection (1)(a) do not apply if the person in possession first receives a release or waiver from the department, or a court order releasing the lien or stating that the liability does not exist or has been satisfied.
(2) If a person has in his possession earnings, deposits, accounts, or balances owed to the obligor in excess of $100 over the amount of the liability claimed by the department, the person may, without liability under this part, release the excess to the obligor.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 6 - Administrative Determination of Overpayment Act › Section 608 - Schedule of payments to be paid upon liability -- Establishment -- Cancellation.

Effective 5/12/2015
35A-3-608.
Schedule of payments to be paid upon liability -- Establishment -- Cancellation.
(1) The department may at any time:
(a) consistent with the income, earning capacity, and resources of the obligor, set or reset the level and schedule of payments to be paid upon the liability; and
(b) cancel the schedule of payments and demand immediate payment in full.
(2) The department may recover an overpayment through deductions from cash assistance or SNAP benefits under Section 35A-3-603.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 6 - Administrative Determination of Overpayment Act › Section 609 - Statute of limitation -- Enforcement of lien or order.

Effective 5/12/2015
35A-3-609.
Statute of limitation -- Enforcement of lien or order.
The department may not take action for the enforcement of an order or lien issued under this part unless the action is commenced within eight years of the date of the order.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 6 - Administrative Determination of Overpayment Act › Section 610 - Legal representation at hearings.

Effective 5/12/2015
35A-3-610.
Legal representation at hearings.
(1) A party may be represented by legal counsel at a hearing held under this part.
(2) At the request of the department, the attorney general or the county attorney shall represent the department in a proceeding commenced under this part.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 7 - Refugee Services › Section 702 - Continuation of refugee services.

Effective 5/12/2015
35A-3-702.
Continuation of refugee services.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to provide for the administration and coordination of services to refugees beyond the time period refugee assistance is provided or funded by the federal government, including the provision of:
(a) services to address emergency needs;
(b) English language training; and
(c) services for victims of domestic violence.
(2) The director shall administer and coordinate services under this section:
(a) with input from the department and any office or advisory committee involved with the provision of refugee services within the department; and
(b) in accordance with any state and federal requirements related to the provision of services to refugees.
Renumbered and Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 1 - General Provisions › Section 102 - Public policy -- General welfare requires creation of unemployment reserves -- Employment offices.

35A-4-102.
Public policy -- General welfare requires creation of unemployment reserves -- Employment offices.
As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Unemployment is therefore a subject of general interest and concern that requires appropriate action by the Legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family. The achievement of social security requires protection against this greatest hazard of our economic life. This objective can be furthered by operating free public employment offices in affiliation with a nation-wide system of employment services, by devising appropriate methods for reducing the volume of unemployment and by the systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of unemployment. The Legislature, therefore, declares that in its considered judgment the public good, and the general welfare of the citizens of this state require the enactment of this measure, under the police power of the state, for the establishment and maintenance of free public employment offices and for the compulsory setting aside of unemployment reserves to be used for the benefit of unemployed persons.
Renumbered and Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 1 - General Provisions › Section 105 - Department may be represented by attorneys in actions.

35A-4-105.
Department may be represented by attorneys in actions.
(1) In any civil action to enforce the provisions of this chapter the department may be represented by any qualified attorney who is employed by the department and is designated by it for this purpose, or at the department's request by the attorney general, or if the action is brought in the courts of any other state by any attorney qualified to appear in the courts of that state.
(2) All criminal actions for violation of any provision of this chapter, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the attorney general of the state; or, at his request and under his direction, by the prosecuting attorney of any county in which the employing unit has a place of business or the violator resides.
Renumbered and Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 1 - General Provisions › Section 107 - Limit of liability -- State -- Department.

35A-4-107.
Limit of liability -- State -- Department.
(1) Benefits shall be considered to be due and payable under this chapter only to the extent provided in this chapter and to the extent that money is available to the credit of the Unemployment Compensation Fund.
(2) The state, the department, or any division of the department may not be held liable for any amount that exceeds the money available in the Unemployment Compensation Fund.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 1 - General Provisions › Section 108 - Legislature may amend or repeal -- No vested private right.

35A-4-108.
Legislature may amend or repeal -- No vested private right.
(1) The Legislature reserves the right to amend or repeal all or any part of this chapter at any time.
(2) There shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant to this chapter shall exist subject to the power of the Legislature to amend or repeal this chapter at any time.
Renumbered and Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 2 - Definitions › Section 202 - Employing units.

35A-4-202.
Employing units.
As used in this chapter:
(1)
(a) "Employing unit" means:
(i) any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any:
(A) partnership;
(B) association;
(C) trust;
(D) estate;
(E) joint stock company;
(F) insurance company;
(G) limited liability company;
(H) limited liability partnership;
(I) joint venture;
(J) corporation, whether domestic or foreign;
(K) the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J);
(L) the legal representative of a deceased person; or
(M) a tribal unit; or
(ii) any properly and legally registered professional employer organization as defined by Section 31A-40-102.
(b) The department may adopt rules specific to a professional employer organization pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) All individuals performing services within this state for any employing unit that maintains two or more separate establishments within this state are considered to be performing services for a single employing unit for all the purposes of this chapter.
(d) Each individual employed to perform or to assist in performing the work of any person in the service of an employing unit is considered to be engaged by the employing unit for all the purposes of this chapter whether the individual was hired or paid directly by the employing unit or by the person, provided the employing unit had actual or constructive knowledge of the work.
(2) "Hospital" means an institution that is licensed, certified, or approved by the Department of Health as a hospital.
(3) "Institution of higher education," for the purposes of this section, means an educational institution that:
(a)
(i) admits, as regular students only, individuals having a certificate of graduation from a high school or the recognized equivalent of a certificate;
(ii) is legally authorized in this state to provide a program of education beyond high school;
(iii) provides:
(A) an educational program for which it awards a bachelor's or higher degree;
(B) a program that is acceptable for full credit toward a bachelor's or higher degree;
(C) a program of postgraduate or postdoctoral studies; or
(D) a program of training to prepare students for gainful employment in a recognized occupation; and
(iv) is a public or other nonprofit institution.
(b) All colleges and universities in this state are institutions of higher education for purposes of this section.
Amended by Chapter 318, 2008 General Session
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 2 - Definitions › Section 203 - Definition of employer -- Joint employers -- Franchisors.

Effective 5/10/2016
35A-4-203.
Definition of employer -- Joint employers -- Franchisors.
(1) As used in this chapter "employer" means:
(a) an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;
(b) an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or
(c) for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter.
(2)
(a) For purposes of this Subsection (2), "federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government.
(b) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
(3)
(a) As used in this Subsection (3):
(i) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(ii) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(iii) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(b) For purposes of this chapter, a franchisor is not considered to be an employer of:
(i) a franchisee; or
(ii) a franchisee's employee.
(c) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (3) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Amended by Chapter 370, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 2 - Definitions › Section 207 - Unemployment.

35A-4-207.
Unemployment.
(1)
(a) An individual is "unemployed" in any week during which he performs no services and with respect to which no wages are payable to him, or in any week of less than full-time work if the wages payable to him with respect to the week are less than his weekly benefit amount.
(b) The department shall prescribe rules applicable to unemployed individuals making distinctions in the procedure as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the department considers necessary.
(2) The department may by rule prescribe in the case of individuals working on a regular attachment basis the existence of unemployment for periods longer than a week if:
(a) it is a period of less than full-time work;
(b) insofar as possible the loss of wages required as a condition of being considered unemployed in those periods shall be such as to allow comparable benefits, for comparable loss in wages, to those individuals working less than full-time in each week as would be payable on a weekly claim period basis to those individuals working full-time and not at all in alternate weeks.
(3) Unemployment shall in no case be measured on a basis of longer than a four-week period.
Renumbered and Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 3 - Contributions › Section 301 - Definitions.

35A-4-301.
Definitions.
As used in this part:
(1) "Benefit cost rate" means benefit costs of all individuals paid in a calendar year, as defined in Subsection (2), including the state's share of extended benefit costs, divided by the total wages paid by all employers subject to contributions in the same calendar year, calculated to four decimal places, disregarding the remaining fraction, if any.
(2) "Benefit costs" means the net money payments made to individuals who were employed by employers subject to contributions, excluding extended benefit costs, as provided in this chapter with respect to unemployment.
(3) "Computation date" means July 1 of any year, beginning July 1, 1984.
(4) "Contribution year" means any calendar year beginning on January 1 and ending on December 31.
(5) "Fiscal year" means the year beginning with July 1 of one year and ending June 30 of the next year. For example, fiscal year 1992 begins July 1, 1991, and ends June 30, 1992.
(6) "New employer" means any employer who has been an employer as defined in this chapter and whose account has been chargeable with benefits for less than one fiscal year immediately preceding the computation date.
(7) "Payroll" means total wages.
(8) "Qualified employer" means any employer who was an employer as defined in this chapter during each quarter of the prior fiscal year immediately preceding the computation date.
(9) "Qualifying period" means the four fiscal years immediately preceding the contribution year on or after January 1, 1985. If four fiscal years of data are not available, the qualifying period is the lesser number of fiscal years for which data are available, but not less than one fiscal year.
(10) "Reserve" means that amount of money in the fund which has been appropriated or is subject to appropriation by the Legislature, exclusive of money transferred to the fund under the Federal Employment Security Administrative Financing Act of 1954, 42 U.S.C. 1101 et seq.
(11) "Taxable wages" means all remuneration paid by an employer to employees for insured work that is subject to unemployment insurance contributions.
(12) "Total wages" means all remuneration paid by an employer to employees for insured work.
(13) "Unemployment experience" means all factors, including benefit costs and taxable wages, which bear a direct relation to an employer's unemployment risk.
Amended by Chapter 12, 2005 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 3 - Contributions › Section 302 - Contributions.

35A-4-302.
Contributions.
(1)
(a) Contributions accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with respect to wages for employment. The contributions become due and shall be paid by each employer to the division for the fund in accordance with rules the department may prescribe.
(b) Contributions may not be deducted, in whole or in part, from the wages of individuals in the employer's employ.
(c) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to 1/2 cent or more, in which case it shall be increased to one cent.
(2) All contributions paid by an employer under this chapter are deductible in arriving at the taxable income of the employer under Title 59, Chapter 7, Corporate Franchise and Income Taxes, and Chapter 10, Individual Income Tax Act, to the same extent as taxes are deductible during any taxable year by the employer.
Renumbered and Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 3 - Contributions › Section 307 - Social costs -- Relief of charges.

Effective 5/13/2014
35A-4-307.
Social costs -- Relief of charges.
(1) Social costs consist of the following benefit costs:
(a) Benefit costs of an individual will not be charged to a base-period employer and are considered social costs if the individual's separation from that employer occurred under the following circumstances:
(i) the individual was discharged by the employer or voluntarily quit employment with the employer for disqualifying reasons, but subsequently requalified for benefits and actually received benefits;
(ii) the individual received benefits following a quit which was not attributable to the employer;
(iii) the individual received benefits following a discharge for nonperformance due to medical reasons;
(iv) the individual received benefits while attending the first week of mandatory apprenticeship training; or
(v) the individual received benefits after quitting voluntarily to accompany or follow a spouse who is a member of the United States armed forces as described in Subsection 35A-4-405(1)(e).
(b) Social costs are benefit costs that are or have been charged to an employer who has terminated coverage and is no longer liable for contributions, less the amount of contributions paid by the employer during the same time period.
(c) The difference between the benefit charges of all employers whose benefit ratio exceeds the maximum overall contribution rate and the amount determined by multiplying the taxable payroll of the same employers by the maximum overall contribution rate is a social cost.
(d) Benefit costs attributable to a concurrent base-period employer will not be charged to that employer if the individual's customary hours of work for that employer have not been reduced.
(e) Benefit costs incurred during the course of division-approved training will not be charged to base-period employers.
(f) Benefit costs will not be charged to employers if the costs are attributable to:
(i) the state's share of extended benefits;
(ii) uncollectible benefit overpayments; or
(iii) the proportion of benefit costs of combined wage claims that are chargeable to Utah employers and are insufficient when separately considered for a monetary eligible claim under Utah law and which have been transferred to a paying state.
(g) Benefit costs that are not charged to an employer and not described in this Subsection (1) are also social costs.
(2) Subsection (1) applies only to contributing employers and not to employers that have elected to finance the payment of benefits in accordance with Section 35A-4-309 or 35A-4-311.
Amended by Chapter 289, 2014 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 3 - Contributions › Section 308 - Bonds to ensure compliance.

Superseded 7/1/2024
35A-4-308.
Bonds to ensure compliance.
(1)
(a) The division, whenever it considers it necessary to ensure compliance with this chapter, may require any employer, subject to the contribution imposed hereunder, to deposit with it any bond or security as the division shall determine.
(b) The bond or security may be sold by the division at public sale, if it becomes necessary, in order to recover any tax, interest, or penalty due.
(c) Notice of the sale may be served upon the employer who deposited the securities personally or by mail. If by mail, notice sent to the last-known address as the same appears in the records of the division is sufficient for purposes of this requirement.
(d) Upon the sale, the surplus, if any, above the amounts due, shall be returned to the employer who deposited the security.
(2)
(a) If an employer fails to comply with Subsection (1), the district court of the county in which the employer resides or in which the employer employs workers shall, upon the commencement of a suit by the division for that purpose, enjoin the employer from further employing workers in this state or continuing in business until the employer has complied with Subsection (1).
(b) Upon filing of a suit for such purpose by the division, the court shall set a date for hearing and cause notice to be served upon the employer. The hearing shall be not less than five nor more than 15 days from the service of the notice.
Renumbered and Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 3 - Contributions › Section 308 - Bonds to ensure compliance.

Effective 7/1/2024
35A-4-308.
Bonds to ensure compliance.
(1)
(a) The division, whenever the division considers it necessary to ensure compliance with this chapter, may require any employer, subject to the contribution imposed hereunder, to deposit with the division any bond or security as the division shall determine.
(b) The bond or security may be sold by the division at public sale, if it becomes necessary, in order to recover any tax, interest, or penalty due.
(c) Notice of the sale may be served upon the employer who deposited the securities personally or by mail. If by mail, notice sent to the last-known address as the same appears in the records of the division is sufficient for purposes of this requirement.
(d) Upon the sale, the surplus, if any, above the amounts due, shall be returned to the employer who deposited the security.
(2)
(a) If an employer fails to comply with Subsection (1), a court shall, upon the commencement of a suit by the division for that purpose, enjoin the employer from further employing workers in this state or continuing in business until the employer has complied with Subsection (1).
(b) Upon filing of a suit for such purpose by the division, the court shall set a date for hearing and cause notice to be served upon the employer. The hearing shall be not less than five nor more than 15 days from the service of the notice.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 3 - Contributions › Section 310 - Employing units.

35A-4-310.
Employing units.
(1)
(a) Any employing unit that is or becomes an employer subject to this chapter within any calendar quarter is subject to this chapter during the entire calendar quarter.
(b)
(i) No employing unit is liable as an employer under Section 35A-4-302 for any period prior to three calendar years immediately preceding the calendar year in which the division determines the employing unit to be an employer as defined in Section 35A-4-203.
(ii) This limitation does not apply if the division determines that the employing unit knowingly or willfully failed to report to the division to avoid liability for contributions imposed by this chapter.
(2) Notwithstanding the other provisions of this section, the division may on its own initiative terminate coverage when it finds that an employing unit had no calendar quarter within the preceding calendar year during which there were wages paid for employment and the division finds that during the preceding calendar year the employing unit did not meet any of the conditions for subjectivity to this chapter.
(3)
(a)
(i) An employing unit not otherwise subject to this chapter that files with the division its written election to become an employer subject to this chapter for not less than two calendar years shall, with the written approval of the election by the division, become an employer subject to this chapter to the same extent as all other employers, as of the date stated in the approval.
(ii) The employing unit shall cease to be subject to this chapter as of January 1 of any calendar year subsequent to the two calendar years, referred to in Subsection (3)(a)(i) only if, at least 30 days prior to the first day of January, it has filed with the division a written notice to the effect.
(b)
(i) Services which do not constitute employment as defined in this chapter shall, upon the filing by the employing unit for whom the services are performed of a written election that services performed by individuals in its employ in one or more distinct establishments or places of work shall be considered to constitute employment for all the purposes of this chapter for not less than two calendar years, and upon the written approval of the election by the division, be considered to constitute employment subject from and after the date stated in the approval.
(ii) The services referred to in Subsection (3)(b)(i) shall cease to be considered to be employment subject to this chapter as of January 1 of any calendar year subsequent to the two calendar years only if, at least 30 days prior to the first day of January, the employing unit has filed with the division a written notice to that effect.
Amended by Chapter 7, 2004 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 3 - Contributions › Section 312.5 - Suspected misuse of personal identifying information.

Effective 5/3/2023
35A-4-312.5.
Suspected misuse of personal identifying information.
(1) As used in this section:
(a) "Child identity protection plan" is a program operated by the attorney general that uses IRIS and allows the attorney general to enter into an agreement with a third party to transmit verified personal information of a person younger than 18 years of age through secured means to enable the protection of the person's Social Security number from misuse.
(b) "IRIS" means the Identity Theft Reporting Information System operated by the attorney general.
(c) "Personal identifying information" has the same meaning as defined in Section 76-6-1101.
(d) "Suspected misuse of personal identifying information" includes:
(i) a social security number under which wages are being reported by two or more individuals; or
(ii) a social security number of an individual under the age of 18 with reported wages exceeding $1,000 for a single reporting quarter.
(2) Notwithstanding Section 35A-4-312, if the department records disclose a suspected misuse of personal identifying information by an individual other than the purported owner of the information, or if a parent, guardian, or individual under the age of 18 is enrolling or has enrolled in the child identity protection plan, the department may:
(a) inform the purported owner of the information or, if the purported owner is a minor, the minor's parent or guardian, of the suspected misuse; and
(b) provide information of the suspected misuse to an appropriate law enforcement agency responsible for investigating an identity fraud violation.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 3 - Contributions › Section 313 - Determination of employer and employment.

Effective 5/5/2021
35A-4-313.
Determination of employer and employment.
(1)
(a) The division or its authorized representatives may, upon its own motion or upon application of an employing unit, determine whether an employing unit constitutes an employer and whether services performed for, or in connection with the business of, an employer constitute employment for the employing unit.
(b) A determination described in Subsection (1)(a) may constitute the basis for determination of contribution liability under Subsection 35A-4-305(2) and be subject to review and appeal as provided.
(2) Pursuant to Subsection 35A-4-204(2)(e), if the division or the division's authorized representatives determine that services performed for, or in connection with the business of, a religious, charitable, educational, or other organization do not constitute employment for an employer:
(a) the religious, charitable, educational, or other organization shall notify a prospective employee, at the time an offer of employment is made, that the employee will be unable to claim the service as employment for the purpose of qualifying for unemployment benefits under this chapter; and
(b) the division shall notify the religious, charitable, educational, or other organization of the requirement described in Subsection (2)(a).
(3) Pursuant to Subsection 35A-4-204(2)(e), if the division or the division's authorized representatives determine that the status of whether services performed for, or in connection with the business of, a religious, charitable, educational, or other organization has changed regarding whether the services constitute employment for an employer:
(a) the religious, charitable, educational, or other organization shall notify each current employee of the change in status regarding whether the employee will be able or unable to claim the service as employment for the purpose of qualifying for unemployment benefits under this chapter; and
(b) the division shall notify the religious, charitable, educational, or other organization of the requirement described in Subsection (3)(a).
Amended by Chapter 372, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 4 - Benefits and Eligibility › Section 403.5 - Waiver of one-week waiting period during emergency.

Effective 4/22/2020
35A-4-403.5.
Waiver of one-week waiting period during emergency.
For any week beginning on or after January 1, 2020, the department may waive the one-week waiting period described in Subsection 35A-4-403(1)(d) and pay a benefit to an unemployed individual for that week if:
(1) the unemployed individual otherwise qualifies for a benefit for that week; and
(2)
(a) the president of the United States has issued an order declaring a national emergency that is effective in the state during that week;
(b) the governor has issued an executive order declaring a state of emergency as described in Title 53, Chapter 2a, Emergency Management Act, that is effective during that week; or
(c) the federal government has agreed to reimburse the department for the cost of paying the benefit for that week.
Enacted by Chapter 9, 2020 Special Session 3
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 4 - Benefits and Eligibility › Section 404 - Eligibility for benefits after receiving workers' compensation or occupational disease compensation.

35A-4-404.
Eligibility for benefits after receiving workers' compensation or occupational disease compensation.
(1) Notwithstanding any requirements involving base periods or other benefit compensational factors provided for under this chapter a person who has had a continuous period of sickness or injury for which the person was compensated under the workers' compensation or the occupational disease laws of this state or under federal law shall, if the person is otherwise eligible, thereafter be entitled to receive the unemployment compensation benefits the person would have been entitled to receive under the law and regulations based on the person's potential eligibility at the time of the person's last employment.
(2) Benefit rights are not preserved under this section unless the individual:
(a) files a claim for benefits with respect to a week no later than 90 days after the end of the continuous period of sickness or injury; and
(b) files the claim with respect to a week within the 36-month period immediately following the commencement of such period of sickness or injury.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 4 - Benefits and Eligibility › Section 407 - Voluntary income tax withholding.

35A-4-407.
Voluntary income tax withholding.
(1) The department shall advise an individual filing a new claim for benefits at the time of filing the claim that:
(a) unemployment benefits may be subject to federal, state, and local income tax;
(b) there are requirements for estimating tax payments;
(c) the individual may elect to have federal income tax deducted and withheld from the individual's payment of benefits at the amount specified by the Internal Revenue Code;
(d) the individual may elect to have state income tax deducted and withheld from the individual's payment of benefits at the rate of 5%; and
(e) the individual may change a previously elected withholding status.
(2) Amounts deducted and withheld from benefits for income taxes under Subsection (1) shall remain in the unemployment trust fund until transferred to the federal or state taxing authority as a payment of income tax.
(3)
(a) The department shall follow all procedures specified by the United States Department of Labor, the Internal Revenue Service, and the State Tax Commission pertaining to deducting, withholding, and submitting amounts deducted and withheld for income taxes.
(b) Amounts deducted and withheld for income taxes under this section shall be deducted and withheld only after amounts are deducted and withheld for:
(i) overpayment of unemployment compensation;
(ii) child support obligations; or
(iii) any other amount required to be deducted and withheld under this chapter.
Renumbered and Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 5 - Administration and Funds › Section 503 - Destruction or disposal of records or reports by division -- Procedure.

Effective 5/14/2019
35A-4-503.
Destruction or disposal of records or reports by division -- Procedure.
The division may destroy or dispose of reports or records that are properly recorded or summarized in the payment records of the division, or that are no longer necessary in the proper administration of this chapter in accordance with an applicable records retention schedule approved by the Records Management Committee under Section 63A-12-113.
Amended by Chapter 254, 2019 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 4 - Employment Security Act › Part 5 - Administration and Funds › Section 507 - Authority to obtain money from state's account in federal unemployment trust fund -- Use and deposit.

35A-4-507.
Authority to obtain money from state's account in federal unemployment trust fund -- Use and deposit.
(1) Notwithstanding the provisions of Sections 35A-4-501 and 35A-4-506, the department may requisition and receive from the state's account in the unemployment trust fund in the treasury of the United States the money standing to the state's credit as may, consistent with conditions for approval of this chapter under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., be used for expenses of administering this chapter and to expend the money for that purpose.
(2) Money requisitioned under Subsection (1) shall be deposited in the Special Administrative Expense Account created by Section 35A-4-506.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 1 - Job Training Coordination Act › Section 101 - Title.

35A-5-101.
Title.
(1) This chapter is known as the "Training and Workforce Improvement Act."
(2) This part is known as the "Job Training Coordination Act."
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 1 - Job Training Coordination Act › Section 102 - Federal grants for retraining.

Effective 7/1/2016
35A-5-102.
Federal grants for retraining.
(1) By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the state, through the department, may and is encouraged to apply for retraining, community assistance, or technology transfer funds available through:
(a) the United States Department of Defense;
(b) United States Department of Labor; or
(c) other appropriate federal offices or departments.
(2) In applying for federal funds, the state, through the department, may inform the federal government of state matching or enhancement funds if those funds are available under Section 67-1-12.
Amended by Chapter 296, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 1 - Job Training Coordination Act › Section 103 - Roles of service providers.

Effective 7/1/2020
35A-5-103.
Roles of service providers.
(1) Delivery of job training related services not administered by the department under this chapter shall be provided in accordance with Subsections (2) and (3).
(2) The State Board of Education and the Utah Board of Higher Education shall provide for basic education, remedial education, and applied technology training.
(3) The Office of Rehabilitation shall provide those services authorized under the Rehabilitation Act of 1973, as amended.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 2 - Workforce Improvement › Section 202 - Contracts with providers.

Effective 7/1/2016
35A-5-202.
Contracts with providers.
(1) In compliance with Title 63G, Chapter 6a, Utah Procurement Code, the department shall enter into a contract with one or more qualified providers to implement the state workforce services plan described in Section 35A-1-207.
(2) A contract entered into under this section:
(a) shall be performance based; and
(b) may be structured so that the provider receives reimbursement based on:
(i) job development;
(ii) participant placement in jobs;
(iii) wages and benefits provided; and
(iv) participant retention in jobs over at least a 12-month period.
(3) If the department determines through the procurement process that there are no qualified providers to implement the state workforce services plan, the department may implement the plan.
Amended by Chapter 296, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 3 - Tax Credit for Employment of Persons Who Are Homeless Act › Section 301 - Title.

Effective 5/13/2014
35A-5-301.
Title.
This part is known as the "Tax Credit for Employment of Persons Who Are Homeless Act."
Enacted by Chapter 315, 2014 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 3 - Tax Credit for Employment of Persons Who Are Homeless Act › Section 302 - Definitions.

Effective 5/14/2019
35A-5-302.
Definitions.
As used in this part:
(1) "Date of hire" means the date a person who is homeless first performs labor or services for compensation for an employer.
(2) "Governmental entity" is as defined in Section 59-2-511.
(3) "Permanent housing, permanent supportive, or transitional facility" means a facility:
(a) located within the state;
(b) that provides supervision of residents of the facility; and
(c) that is:
(i) a publicly or privately operated shelter:
(A) designed to provide temporary living accommodations, including a welfare hotel, congregate shelter, or transitional housing for the mentally ill; and
(B) that receives federal homeless assistance funding distributed by the United States Department of Housing and Urban Development; or
(ii) an emergency shelter that receives homeless assistance funding from a county, city, or town.
(4) "Person who is homeless" means an individual whose primary nighttime residence is:
(a) a public or private place not designated for or ordinarily used as a regular sleeping accommodation for an individual, including a car, park, abandoned building, bus station, train station, airport, or camping ground; or
(b) a publicly or privately operated shelter designated to provide temporary living arrangements, including a permanent housing, permanent supportive, or transitional facility.
(5) "Wage requirement" means that an employer pays a person who is homeless $4,000 or more in wages during a time period that:
(a) begins on the date of hire; and
(b) ends no later than two calendar quarters after the calendar quarter in which the date of hire occurs.
Amended by Chapter 502, 2019 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 3 - Tax Credit for Employment of Persons Who Are Homeless Act › Section 303 - Application for tax credit certificate.

Effective 5/14/2019
35A-5-303.
Application for tax credit certificate.
(1) An employer who employs a person who is homeless and seeks to receive a tax credit certificate under this part shall file an application with the department with respect to each person who is homeless that the employer employs.
(2) The application shall be on a form the department provides to the employer.
(3) The application shall require the employer to certify that:
(a) the person who the employer employs:
(i) met the definition of a person who is homeless on the date of hire or at any time during the 60-day period immediately before the date of hire;
(ii) is an employee, and not an independent contractor, of the employer;
(iii) is legally eligible to work in the United States; and
(iv) has not worked for the employer for more than 40 hours during the 60-day period immediately before the date of hire; and
(b) the employer:
(i) complies with all state, federal, or local requirements related to the employment of the person who is homeless; and
(ii) is not a governmental entity.
(4) The application:
(a) shall list, for each person who is homeless that the employer employs:
(i) the person's name;
(ii) the person's social security number; and
(iii) the person's current address;
(b) shall list the employer's federal employer identification number; and
(c) may require additional information as determined by the department.
(5) An employer shall provide documentation to the department to support the certifications and other information the employer provides in the application described in this section.
(6) If the department determines that, on the basis of the documentation and other information the employer provides, the employer has satisfied the certification requirements of Subsection (3) and provided the information described in Subsection (4), the department shall enter into a participation agreement with the employer as provided in Section 35A-5-304 for each person who is homeless who the employer employs.
(7) If the department determines that, on the basis of the documentation and other information the employer provides, the employer has not satisfied the certification requirements of Subsection (3) or provided the information described in Subsection (4), the department:
(a) shall deny the application; or
(b) inform the employer that the documentation the employer provided is inadequate and request the employer to submit new or additional documentation.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with the provisions of this part, the department may make rules governing the administration of the tax credit described in this part.
Amended by Chapter 502, 2019 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 3 - Tax Credit for Employment of Persons Who Are Homeless Act › Section 304 - Participation agreements.

Effective 5/14/2019
35A-5-304.
Participation agreements.
(1) If the department enters into a participation agreement with an employer, the participation agreement shall:
(a) be provided by the department; and
(b) establish the requirements the employer is required to meet to be eligible to receive a tax credit certificate, including:
(i) requiring the employer to meet the certification requirements of Subsection 35A-5-303(3);
(ii) requiring the employer to provide written notice to the department when the employer meets the wage requirement; and
(iii) requiring the employer to provide documentation or other information the department requests:
(A) to establish the hours and dates that the person who is homeless works for the employer; and
(B) to support the employer's eligibility to receive a tax credit certificate under this part.
(2) An agreement under this section does constitute a right to receive a tax credit certificate under this part.
Amended by Chapter 502, 2019 General Session