Investigations -- Complaints -- Sanctions -- Rulemaking.

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  • (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.
  • (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.




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