2006 Utah Code - 35A-4-312 — Records.

     35A-4-312.   Records.
     (1) (a) Each employing unit shall keep true and accurate work records containing any information the department may prescribe by rule.
     (b) The records shall be open to inspection and subject to being copied by the division or its authorized representatives at a reasonable time and as often as may be necessary.
     (c) The employing unit shall make the records available in the state for three years after the calendar year in which the services were rendered.
     (2) The division may require from an employing unit any sworn or unsworn reports with respect to persons employed by it that the division considers necessary for the effective administration of this chapter.
     (3) Except as provided in this section or in Sections 35A-4-103 and 35A-4-106, information obtained under this chapter or obtained from an individual may not be published or open to public inspection in any manner revealing the employing unit's or individual's identity.
     (4) (a) The information obtained by the division under this section may not be used in court or admitted into evidence in an action or proceeding, except:
     (i) in an action or proceeding arising out of this chapter;
     (ii) in an action or proceeding by the Labor Commission to enforce the provisions of Title 34, Chapter 23, Employment of Minors, Chapter 28, Payment of Wages, Chapter 40, Utah Minimum Wage Act, or Title 34A, Utah Labor Code, provided the Labor Commission enters into a written agreement with the division under Subsection (6)(b); or
     (iii) under the terms of a court order obtained under Subsection 63-2-202(7) and Section 63-2-207 of the Government Records Access and Management Act.
     (b) The information obtained by the division under this section shall be disclosed to:
     (i) a party to an unemployment insurance hearing before an administrative law judge of the department or a review by the Workforce Appeals Board to the extent necessary for the proper presentation of the party's case; or
     (ii) an employer, upon request in writing for any information concerning claims for benefits with respect to the employer's former employees.
     (5) The information obtained by the division under this section may be disclosed to:
     (a) an employee of the department in the performance of the employee's duties in administering this chapter or other programs of the department;
     (b) an employee of the Labor Commission for the purpose of carrying out the programs administered by the Labor Commission;
     (c) an employee of the governor's office and other state governmental agencies administratively responsible for statewide economic development, to the extent necessary for economic development policy analysis and formulation;
     (d) an employee of other governmental agencies that are specifically identified and authorized by federal or state law to receive the information for the purposes stated in the law authorizing the employee of the agency to receive the information;
     (e) an employee of a governmental agency or workers' compensation insurer to the extent the information will aid in the detection or avoidance of duplicate, inconsistent, or fraudulent claims against a workers' compensation program, public assistance funds, or the recovery of overpayments of workers' compensation or public assistance funds;
     (f) an employee of a law enforcement agency to the extent the disclosure is necessary to avoid a significant risk to public safety or in aid of a felony criminal investigation;

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     (g) an employee of the State Tax Commission or the Internal Revenue Service for the purposes of audit verification or simplification, state or federal tax compliance, verification of Standard Industry Codes, and statistics;
     (h) an employee or contractor of the department or an educational institution, or other governmental entity engaged in workforce investment and development activities under the Workforce Investment Act of 1998 for the purpose of coordinating services with the department, evaluating the effectiveness of those activities, and measuring performance;
     (i) an employee of the Governor's Office of Economic Development, for the purpose of periodically publishing in the Directory of Business and Industry, the name, address, telephone number, number of employees by range, Standard Industrial Code, and type of ownership of Utah employers;
     (j) the public for any purpose following a written waiver by all interested parties of their rights to nondisclosure; or
     (k) an individual whose wage data has been submitted to the department by an employer, so long as no information other than the individual's wage data and the identity of the party who submitted the information is provided to the individual.
     (6) Disclosure of private information under Subsection (4)(a)(ii) or Subsection (5), with the exception of Subsections (5)(a) and (f), shall be made only if:
     (a) the division determines that the disclosure will not have a negative effect on the willingness of employers to report wage and employment information or on the willingness of individuals to file claims for unemployment benefits; and
     (b) the agency enters into a written agreement with the division in accordance with rules made by the department.
     (7) (a) The employees of a division of the department other than the Workforce Development and Information Division and the Unemployment Insurance Division or an agency receiving private information from the division under this chapter are subject to the same requirements of privacy and confidentiality and to the same penalties for misuse or improper disclosure of the information as employees of the division.
     (b) Use of private information obtained from the department by a person, or for a purpose other than one authorized in Subsection (4) or (5) violates Subsection 76-8-1301(4).

Amended by Chapter 81, 2005 General Session
Amended by Chapter 148, 2005 General Session