(1) 

Terms Used In Utah Code 67-21-6

  • Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 67-21-2
  • Employer: includes an agent of an employer. See Utah Code 67-21-2
  • Person: means :Utah Code 68-3-12.5
  • Public body: means any of the following:
(a) a state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution, or any other body in the executive branch of state government;
(b) an agency, board, commission, council, institution member, or employee of the legislative branch of state government;
(c) a county, city, town, regional governing body, council, school district, special district, special service district, or municipal corporation, board, department, commission, council, agency, or any member or employee of them;
(d) any other body that is created by state or local authority, or that is primarily funded by or through state or local authority, or any member or employee of that body;
(e) a law enforcement agency or any member or employee of a law enforcement agency; and
(f) the judiciary and any member or employee of the judiciary. See Utah Code 67-21-2
  • Retaliatory action: means the same as that term is defined in Section 67-19a-101. See Utah Code 67-21-2
  • 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
  • (a)  A person who violates this chapter is liable for a civil fine of not more than $500.

    (b)  The person who takes a retaliatory action against an employee in violation of this chapter, and not the public body that employs the employee, shall, after receiving notice and an opportunity to be heard, pay the civil fine under this Subsection (1).

    (c)  If a person is ordered to pay a civil fine under this Subsection (1), the employer may dismiss the person who took the retaliatory action in violation of this chapter.

    (2)  A civil fine ordered under this chapter shall be submitted to the state treasurer for deposit in the General Fund.

    (3)  The civil fine described in this section may be imposed if a violation of this chapter is found by:

    (a)  an independent personnel board described in Subsection 67-21-3.6(1)(a) or 67-21-3.7(1)(a);

    (b)  the Career Service Review Office; or

    (c)  a court.

    Amended by Chapter 174, 2022 General Session