1. (1) The division may investigate an alleged violation of this chapter.

2. (2)

   1. (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.

   2. (b) On receipt of a request for agency action under Subsection (2)(a), the division:

      1. (i) shall conduct an adjudicative proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act; and
      2. (ii) may attempt to reach a settlement between the parties through a settlement conference.

3. (3)

   1. (a) If the division determines that a violation has occurred, the division may order that the employer:

      1. (i) cease and desist the action;
      2. (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
      3. (iii) comply with a combination of Subsections (3)(a)(i) and (ii).
   2. (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. (4) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding:

   1. (a) the process to file a written complaint with the division; and
   2. (b) the terms defined in Section 34-46-102.

Enacted by Chapter 174, 2009 General Session