Definitions.

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  • (1) "Adverse action" means to:
    • (a) discharge, threaten, or directly or indirectly harass an employee; or
    • (b) otherwise discriminate against an employee in any manner that affects the employee's employment, including:
      • (i) compensation;
      • (ii) terms;
      • (iii) conditions;
      • (iv) location;
      • (v) rights;
      • (vi) immunities;
      • (vii) promotions; or
      • (viii) privileges.
  • (2) "Covered judicial or administrative action" means a judicial or administrative action brought under this chapter that results in a monetary sanction exceeding $50,000.
  • (3) "Employee" means an individual who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied.
  • (4) "Fund" means the Securities Investor Education, Training, and Enforcement Fund created in Section 61-1-18.7.
  • (5) "Original information" means information that is:
    • (a) derived from the independent knowledge or analysis of an individual;
    • (b) not known to the division or commission from a source other than the individual; and
    • (c) unless the individual is the source of the information, not exclusively derived from:
      • (i) an allegation made in a judicial or administrative hearing;
      • (ii) a government report, hearing, audit, or investigation; or
      • (iii) the media.
  • (6) "Monetary sanction" means money required to be paid under this chapter as the result of a judicial or administrative action, including a penalty or disgorgement.
  • (7) "Reporter" means an individual who provides original information relating to a violation in accordance with Section 61-1-103.




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