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Effective 5/14/2019
34-40-204. Criminal penalty — Enforcement.

  • (1) As used in this section, “violation” includes separate violations as to individual employees arising out of the same investigation or enforcement action.
  • (2)
    • (a) A violation of this chapter is an infraction.
    • (b) A second violation of this chapter is a class C misdemeanor.
    • (c) A third or subsequent violation of this chapter is a class B misdemeanor.
  • (3) Upon an employer’s violation of this section, the commission may prosecute a criminal action in the name of the state.
  • (4) The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.

Amended by Chapter 189, 2019 General Session