34A-2-209 - Employer's penalty for violation -- Notice of noncompliance -- Proof required -- Admissible evidence -- Criminal prosecution.
34A-2-209. Employer's penalty for violation -- Notice of noncompliance -- Proofrequired -- Admissible evidence -- Criminal prosecution.
(1) (a) (i) An employer who fails to comply, and every officer of a corporation orassociation that fails to comply, with Section 34A-2-201 is guilty of a class B misdemeanor.
(ii) Each day's failure to comply with Subsection (1)(a)(i) is a separate offense.
(b) If the division sends written notice of noncompliance by certified mail to thelast-known address of an employer, a corporation, or an officer of a corporation or association,and the employer, corporation, or officer does not within 10 days of the day on which the noticeis delivered provide to the division proof of compliance, the notice and failure to provide proofconstitutes prima facie evidence that the employer, corporation, or officer is in violation of thissection.
(2) (a) If the division has reason to believe that an employer is conducting businesswithout securing the payment of compensation in a manner provided in Section 34A-2-201, thedivision may give notice of noncompliance by certified mail to the following at the last-knownaddress of the following:
(i) the employer; or
(ii) if the employer is a corporation or association:
(A) the corporation or association; or
(B) the officers of the corporation or association.
(b) If an employer, corporation, or officer described in Subsection (2)(a) does not, within10 days of the day on which the notice is delivered, provide to the division proof of compliance,the employer and every officer of an employer corporation or association is guilty of a class Bmisdemeanor.
(c) Each day's failure to comply with Subsection (2)(a) is a separate offense.
(3) A fine, penalty, or money collected or assessed under this section shall be:
(a) deposited in the Uninsured Employers' Fund created by Section 34A-2-704;
(b) used for the purposes of the Uninsured Employers' Fund specified in Section34A-2-704; and
(c) collected by the Uninsured Employers' Fund administrator in accordance with Section34A-2-704.
(4) A form or record kept by the division or its designee pursuant to Section 34A-2-205is admissible as evidence to establish noncompliance under this section.
(5) The commission or division on behalf of the commission may prosecute or requestthe attorney general or district attorney to prosecute a criminal action in the name of the state toenforce this chapter or Chapter 3, Utah Occupational Disease Act.
Amended by Chapter 288, 2009 General Session