76-8-1303. Unlawful failure to comply with Employment Security Act requirement.

316 words·~1 min read·/ut/title-76/chapter-8/76-8-1303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

(2)An actor commits unlawful failure to comply with Employment Security Act requirements if the actor willfully:

(a)fails or refuses:

(i)to make a contribution or other payment required under Title 35A, Chapter 4, Employment Security Act;

(ii)to furnish a report required under Title 35A, Chapter 4, Employment Security Act; or

(iii)to produce or permit the inspection or copying of records required under Title 35A, Chapter 4, Employment Security Act; or

(b)violates a provision of Title 35A, Chapter 4, Employment Security Act, or an order made under that chapter, for which the violation:

(i)is made unlawful or the observance of which is required under the terms of Title 35A, Chapter 4, Employment Security Act;

(ii)does not have a prescribed penalty in Title 35A, Chapter 4, Employment Security Act, or another applicable statute; and

(iii)is for conduct not described in Subsection (2)(a).

(a)A violation of Subsection (2)(a) is:

(i)a class B misdemeanor if the value of the money obtained or sought to be obtained is less than $500;

(ii)a class A misdemeanor if the value of the money obtained or sought to be obtained is or exceeds $500 but is less than $1,500;

(iii)a third degree felony if the value of the money obtained or sought to be obtained is or exceeds $1,500 but is less than $5,000; or

(iv)a second degree felony if the value of the money obtained or sought to be obtained is or exceeds $5,000.

(b)A violation of Subsection (2)(b) is a class A misdemeanor.

(4)An actor under this section may include an officer or agent of an employing unit as defined under Section 35A-4-202 .

Enacted by Chapter 96 , 2024 General Session