34A-2-1003.  Issuance of a waiver.

(1)  The commission shall issue a workers’ compensation coverage waiver to a business entity that:

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Terms Used In Utah Code 34A-2-1003

  • Business entity: means :
(a) a sole proprietorship;
(b) a corporation;
(c) a partnership;
(d) a limited liability company; or
(e) an entity similar to one described in Subsections (1)(a) through (d). See Utah Code 34A-2-1002
  • Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
  • Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
  • Waiver: means a workers' compensation coverage waiver issued under this part. See Utah Code 34A-2-1002
    • (a)  elects not to include an owner, partner, or corporate officer or director as an employee under a workers’ compensation policy in accordance with Section 34A-2-103 and Subsection 34A-2-104(3) or (4);

    (b)  employs no other employee on the day on which the commission issues the waiver to the business entity;

    (c)  provides to the commission the information required by Section 34A-2-1004; and

    (d)  pays a fee established by the commission in accordance with Section 63J-1-504, except that the fee may not exceed $50.

    (2) 

    (a)  A waiver issued under this section expires one year from the day on which it is issued unless renewed by the holder of the waiver.

    (b)  To renew a waiver issued under this part, the holder of the waiver shall:

    (i)  employ no other employee on the day on which the commission renews the waiver;

    (ii)  provide to the commission the information required by Section 34A-2-1004; and

    (iii)  pay a fee established by the commission in accordance with Section 63J-1-504, except that the fee may not exceed $50.

    (3)  As of the day on which a business entity described in Subsection (1) employs an employee other than an owner, partner, or corporate officer or director described in Subsection (1)(a):

    (a)  the business entity’s waiver is invalid; and

    (b)  the business entity is required to provide workers’ compensation coverage for that employee in accordance with Section 34A-2-201.

    (4)  The commission shall deposit a fee collected under this section in the Industrial Accident Restricted Account created in Section 34A-2-705.

    (5)  Unless invalidated under Section 34A-2-1005, notwithstanding the other provisions of this section, a waiver issued by an insurer that is valid on June 30, 2011, remains valid until its expiration date.

    Amended by Chapter 146, 2017 General Session

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