Utah Code 63G-12-210. Verification of valid permit — Protected status of information

(1)

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Terms Used In Utah Code 63G-12-210

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 63G-12-102
E-verify program: means the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U. See Utah Code 63G-12-102
Employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 63G-12-102
Permit: means a permit issued under 2, and includes:

(a)	a guest worker permit; and

(b)

an immediate family permit. See Utah Code 63G-12-102

Person: means :Utah Code 68-3-12.5

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Undocumented individual: means an individual who:

(a)	lives or works in the state; and

(b)	is not in compliance with the Immigration and Nationality Act, 8 U. See Utah Code 63G-12-102
(a)	The department shall develop a verification procedure by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, for a person who hires a permit holder to verify with the department that the permit is valid as required by Section 63G-12-301.

(b)

The verification procedure adopted under this Subsection (1) shall:

(i)	be substantially similar to the employer requirements to verify federal employment status under the e-verify program; and

(ii)	provide that an undocumented individual may appeal a determination that a permit is invalid in accordance with Chapter 4, Administrative Procedures Act.

(2)

Subject to Section 63G-12-212, a record under this part is a protected record under Chapter 2, Government Records Access and Management Act, except that a record may not be shared under Section 63G-2-206, unless:

(a)	requested by the Office of Legislative Auditor General in accordance with Section 36-12-15;

(b)	disclosed to the State Tax Commission as provided in Subsection 63G-12-203(2)(e)(vi); or

(c)	disclosed to a federal government entity in accordance with this part or a waiver, exemption, or authorization described in Section 63G-12-202.

(3)

The state is not liable to any person for:

(a)	the design, implementation, or operation of a verification procedure under this part;

(b)	the collection and disclosure of information as part of a verification procedure under this part; or

(c)	the determination that a permit is invalid.

Enacted by Chapter 18, 2011 General Session

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