There Is a Newer Version of the Utah Code
2011 Utah Code
Title 61 Securities Division - Real Estate Division
Chapter 1 Utah Uniform Securities Act
Section 104 Reporter protected from adverse action -- Exceptions.
61-1-104. Reporter protected from adverse action -- Exceptions.(1) An employer may not take adverse action against an employee who is a reporter because of a lawful act of the employee, or a person authorized to act on behalf of the employee, to:
(a) provide original information to the division or commission in accordance with Section 61-1-103;
(b) initiate, testify in, or assist in any investigation, judicial action, or administrative action based on or related to original information provided to the division or commission;
(c) disclose information required or protected under:
(i) Sarbanes-Oxley Act of 2002, 15 U.S.C. Sec. 7201 et seq.;
(ii) Securities Exchange Act of 1934, 15 U.S.C. Sec. 78a et seq.;
(iii) 18 U.S.C. Sec. 1523(e);
(iv) a regulation issued by the Securities Exchange Commission; or
(v) this chapter or a rule made under this chapter.
(2) Notwithstanding Subsection (1), an employee is not protected under this section if:
(a) the employee knowingly or recklessly makes a false, fictitious, or fraudulent statement or misrepresentation;
(b) the employee uses a false writing or document knowing that, or with reckless disregard as to whether, the writing or document contains false, fictitious, or fraudulent information;
(c) the employee knows that, or has a reckless disregard as to whether, the disclosure is of original information that is false or frivolous; or
(d) the employer or entity in the covered judicial or administrative action that relates to the information provided by the reporter is subject to the jurisdiction of the Securities and Exchange Commission under Section 21F of the Securities Exchange Act, 15 U.S.C. Sec. 78u-6, and regulations issued under that section.
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