State Codes and Statutes
Statutes > Utah > Title-35a > Chapter-04 > 35a-4-31235A-4-312. Records.
(1) (a) An employing unit shall keep true and accurate work records containing anyinformation the department may prescribe by rule.
(b) A record shall be open to inspection and subject to being copied by the division or itsauthorized representatives at a reasonable time and as often as may be necessary.
(c) An employing unit shall make a record available in the state for three years after thecalendar year in which the services are rendered.
(2) The division may require from an employing unit a sworn or unsworn report withrespect to a person employed by the employing unit that the division considers necessary for theeffective administration of this chapter.
(3) Except as provided in this section or in Sections 35A-4-103 and 35A-4-106,information obtained under this chapter or obtained from an individual may not be published oropen to public inspection in any manner revealing the employing unit's or individual's identity.
(4) (a) The information obtained by the division under this section may not be used incourt or admitted into evidence in an action or proceeding, except:
(i) in an action or proceeding arising out of this chapter;
(ii) if the Labor Commission enters into a written agreement with the division underSubsection (6)(b), in an action or proceeding by the Labor Commission to enforce:
(A) Title 34, Chapter 23, Employment of Minors;
(B) Title 34, Chapter 28, Payment of Wages;
(C) Title 34, Chapter 40, Utah Minimum Wage Act; or
(D) Title 34A, Utah Labor Code; or
(iii) under the terms of a court order obtained under Subsection 63G-2-202(7) andSection 63G-2-207.
(b) The information obtained by the division under this section shall be disclosed to:
(i) a party to an unemployment insurance hearing before an administrative law judge ofthe department or a review by the Workforce Appeals Board to the extent necessary for theproper presentation of the party's case; or
(ii) an employer, upon request in writing for any information concerning a claim for abenefit with respect to a former employee of the employer.
(5) The information obtained by the division under this section may be disclosed to:
(a) an employee of the department in the performance of the employee's duties inadministering this chapter or other programs of the department;
(b) an employee of the Labor Commission for the purpose of carrying out the programsadministered by the Labor Commission;
(c) an employee of the Department of Commerce for the purpose of carrying out theprograms administered by the Department of Commerce;
(d) an employee of the governor's office or another state governmental agencyadministratively responsible for statewide economic development, to the extent necessary foreconomic development policy analysis and formulation;
(e) an employee of another governmental agency that is specifically identified andauthorized by federal or state law to receive the information for the purposes stated in the lawauthorizing the employee of the agency to receive the information;
(f) an employee of a governmental agency or workers' compensation insurer to the extentthe information will aid in:
(i) the detection or avoidance of duplicate, inconsistent, or fraudulent claims against:
(A) a workers' compensation program; or
(B) public assistance funds; or
(ii) the recovery of overpayments of workers' compensation or public assistance funds;
(g) an employee of a law enforcement agency to the extent the disclosure is necessary toavoid a significant risk to public safety or in aid of a felony criminal investigation;
(h) an employee of the State Tax Commission or the Internal Revenue Service for thepurposes of:
(i) audit verification or simplification;
(ii) state or federal tax compliance;
(iii) verification of a code or classification of the:
(A) 1987 Standard Industrial Classification Manual of the federal Executive Office of thePresident, Office of Management and Budget; or
(B) 2002 North American Industry Classification System of the federal Executive Officeof the President, Office of Management and Budget; and
(iv) statistics;
(i) an employee or contractor of the department or an educational institution, or othergovernmental entity engaged in workforce investment and development activities under theWorkforce Investment Act of 1998 for the purpose of:
(i) coordinating services with the department;
(ii) evaluating the effectiveness of those activities; and
(iii) measuring performance;
(j) an employee of the Governor's Office of Economic Development, for the purpose ofperiodically publishing in the Directory of Business and Industry, the name, address, telephonenumber, number of employees by range, code or classification of an employer, and type ofownership of Utah employers;
(k) the public for any purpose following a written waiver by all interested parties of theirrights to nondisclosure;
(l) an individual whose wage data is submitted to the department by an employer, so longas no information other than the individual's wage data and the identity of the employer whosubmitted the information is provided to the individual; or
(m) an employee of the Insurance Department for the purpose of administering Title31A, Chapter 40, Professional Employer Organization Licensing Act.
(6) Disclosure of private information under Subsection (4)(a)(ii) or Subsection (5), withthe exception of Subsections (5)(a) and (g), shall be made only if:
(a) the division determines that the disclosure will not have a negative effect on:
(i) the willingness of employers to report wage and employment information; or
(ii) the willingness of individuals to file claims for unemployment benefits; and
(b) the agency enters into a written agreement with the division in accordance with rulesmade by the department.
(7) (a) The employees of a division of the department other than the WorkforceDevelopment and Information Division and the Unemployment Insurance Division or an agencyreceiving private information from the division under this chapter are subject to the samerequirements of privacy and confidentiality and to the same penalties for misuse or improperdisclosure of the information as employees of the division.
(b) Use of private information obtained from the department by a person, or for apurpose other than one authorized in Subsection (4) or (5) violates Subsection 76-8-1301(4).
Amended by Chapter 349, 2009 General Session
