Section 302 – Status verification system — Registration and use — Performance of services — Unlawful practice.
63G-12-302. Status verification system — Registration and use — Performance of services — Unlawful practice. (1) As used in this section: (a) “Contract” means an agreement for the procurement of goods or services that is awarded through a request for proposals process with a public employer and includes a sole source contract. (b) “Contractor” means […]
Section 303 – Liability protections.
63G-12-303. Liability protections. (1) On or after the program start date, a private employer may not be held civilly liable under state law in a cause of action for the private employer’s unlawful hiring of an unauthorized alien if: (a) the private employer complies with Subsection 63G-12-301(2); and (b) the information obtained after verification under […]
Section 304 – Voluntary registration by private employer certifying participation in verification.
63G-12-304. Voluntary registration by private employer certifying participation in verification. (1) (a) On or after the program start date, a private employer may register with the department certifying that the private employer is in compliance with Subsection 63G-12-301(2). (b) A private employer may register with the department under this section regardless of whether the private […]
Section 305 – Administrative actions — Defenses.
63G-12-305. Administrative actions — Defenses. (1) On and after the program start date and in accordance with Chapter 4, Administrative Procedures Act, the department may bring agency action against a private employer who violates Subsection 63G-12-301(1) to impose a penalty described in Section 63G-12-306. (2) (a) To determine whether an employee is an unauthorized alien […]
Section 306 – Penalties.
Effective 6/1/2022 63G-12-306. Penalties. (1) As used in this section: (a) “Applicable license” means a license issued under: (i)Title 32B, Alcoholic Beverage Control Act; (ii)Title 58, Occupations and Professions; or (iii)Title 61, Securities Division – Real Estate Division. (b) “First violation” means the first time the department imposes a penalty under this section, regardless of […]
Section 207 – Application and renewal process.
63G-12-207. Application and renewal process. (1) The department may not issue a permit under this part until the program is implemented under Section 63G-12-202. (2) The department shall: (a) create a permit that: (i) is of impervious material that is resistant to wear or damage; and (ii) minimizes the risk that the permit may be […]
Section 208 – Conditions during permit term.
63G-12-208. Conditions during permit term. (1) A permit holder shall continue to meet the eligibility criteria under Section 63G-12-205 or 63G-12-206 for the type of permit held by the permit holder. (2) A permit is automatically revoked if after issuance of the permit: (a) the permit holder to whom it is issued is convicted of, […]
Section 209 – Proficiency standards for English.
Effective 5/10/2016 63G-12-209. Proficiency standards for English. (1) A permit holder shall in good faith use best efforts to become proficient in the English language at or above the equivalent to an intermediate level on a language proficiency assessment test used by the State Board of Education for purposes of secondary school students. (2) An […]
Section 210 – Verification of valid permit — Protected status of information.
63G-12-210. Verification of valid permit — Protected status of information. (1) (a) The department shall develop a verification procedure by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, for a person who hires a permit holder to verify with the department that the permit is valid as required by Section 63G-12-301. (b) […]
Section 211 – Prohibited conduct — Administrative penalties — Criminal penalties.
63G-12-211. Prohibited conduct — Administrative penalties — Criminal penalties. (1) A permit holder may not file for or receive unemployment benefits. (2) A person may not: (a) furnish false or forged information or documentation in support of an application; (b) alter the information on a permit; (c) if the person is a guest worker, be […]