(1)  The commission or the attorney general at the request of the commission shall commence an action under Section 63G-4-501 for civil enforcement of a final order of the commission issued under Section 34A-5-107 if:

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Terms Used In Utah Code 34A-5-108

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Court: means :
(i) the district court in the judicial district of the state in which the asserted unfair employment practice occurs; or
(ii) if the district court is not in session at that time, a judge of the court described in Subsection (1)(d)(i). See Utah Code 34A-5-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (a)  the order finds that there is reasonable cause to believe that a respondent has engaged or is engaging in discriminatory or prohibited employment practices made unlawful by this chapter;

    (b)  counsel to the commission or the attorney general determines after reasonable inquiry that the order is well grounded in fact and is warranted by existing law;

    (c)  the respondent has not received an order of automatic stay or discharge from the United States Bankruptcy Court; and

    (d) 

    (i)  the commission has not accepted a conciliation agreement to which the aggrieved party and respondent are parties; or

    (ii)  the respondent has not conciliated or complied with the final order of the commission within 30 days from the date the order is issued.

    (2)  If the respondent seeks judicial review of the final order under Section 63G-4-403, pursuant to Section 63G-4-405 the commission may stay seeking civil enforcement pending the completion of the judicial review.

    Amended by Chapter 317, 2018 General Session

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