34-46-301. Investigations — Complaints — Sanctions — Rulemaking.
- (1) The division may investigate an alleged violation of this chapter.
- (2)
- (a) An individual claiming to be aggrieved by an action of an employer in violation of this chapter may file with the division a request for agency action.
- (b) On receipt of a request for agency action under Subsection (2)(a), the division:
- (i) shall conduct an adjudicative proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act; and
- (ii) may attempt to reach a settlement between the parties through a settlement conference.
- (3)
- (a) If the division determines that a violation has occurred, the division may order that the employer:
- (i) cease and desist the action;
- (ii) pay a fine to the division of up to $500 for a violation, regardless of the number of applicants affected by the violation; or
- (iii) comply with a combination of Subsections (3)(a)(i) and (ii).
- (b) Money received under this section shall be deposited as a dedicated credit to the division to pay for the costs of administering this chapter.
- (a) If the division determines that a violation has occurred, the division may order that the employer:
- (4) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding:
- (a) the process to file a written complaint with the division; and
- (b) the terms defined in Section 34-46-102.
Enacted by Chapter 174, 2009 General Session