2006 Utah Code - 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 -- Proof required -- Admissible evidence -- Criminal prosecution.
     (1) (a) (i) Any employer who fails to comply, and every officer of a corporation or association 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) All funds, fines, or penalties collected or assessed under Subsection (1)(a) shall be deposited in the Uninsured Employers' Fund created by Section 34A-2-704 and used for the purposes of that fund.
     (c) If the division sends written notice of noncompliance by certified mail to the last-known address of the employer, corporation, or officers of a corporation or association, and the employer, corporation, or officers do not within ten days provide to the division proof of compliance, the notice and failure to provide proof constitutes prima facie evidence that the employer, corporation, or officers are in violation of this section.
     (2) (a) (i) If the division has reason to believe that an employer is conducting business without securing the payment of compensation in one of the three ways provided in Section 34A-2-201, the division may give the employer, or in the case of an employer corporation, the corporation or the officers of the corporation, notice of noncompliance by certified mail to the last-known address of the employer, corporation, or officers, and if the employer, corporation, or officers do not, within ten days, provide to the division proof of compliance, the employer and every officer of an employer corporation is guilty of a class B misdemeanor.
     (ii) Each day's failure to comply with Subsection (2)(a)(i) is a separate offense.
     (b) All funds, fines, or penalties collected or assessed under Subsection (2)(a) shall be deposited in the Uninsured Employers' Fund created by Section 34A-2-704 and used for the purposes of that fund.
     (3) All forms and records kept by the division or its designee pursuant to Section 34A-2-205 are admissible as evidence to establish noncompliance under this section.
     (4) The commission or division on behalf of the commission is authorized to prosecute or request the attorney general or district attorney to prosecute a criminal action in the name of the state to enforce the provisions of this chapter or Chapter 3, Utah Occupational Disease Act.

Renumbered and Amended by Chapter 375, 1997 General Session