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Utah Administrative Code (Current through November 1, 2019) |
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R994. Workforce Services, Unemployment Insurance |
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R994-308. Bond Requirement |
| R994-308-101. Authority to Require a Bond |
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To ensure compliance with the contribution provisions of the Act, the Department may require an employer to provide a bond or other security deposit under Subsection 35A-4-308(1). |
| R994-308-102. Types of Deposits |
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A cash deposit will generally be required, however, at the Department's discretion, other forms of security may be accepted. |
| R994-308-103. Reasons for Requiring a Deposit |
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(1) A deposit may be required whenever circumstances would reasonably cause doubt as to an employer's future compliance with the provisions of the Act. Failure to comply includes such things as failing to file reports, pay amounts due, file a wage list or comply with other requests made by the Department. Some of the more common reasons for requiring a deposit are; (a) the employer's past failure to comply, (b) the employer is an out-of-state employer and has workers in Utah, (c) the employer is in an industry where the rate of past failure to comply is high, or (d) the employer's or principal's past failure to comply in other businesses with which the employer or principal is or has been affiliated. |
| R994-308-104. Amount of Deposit |
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(1) When a deposit is required from a contributory employer, the deposit shall be the greater of $1000 or three times the quarterly contribution liability currently accruing or expected to accrue. (2) When a deposit is required from a reimbursable governmental or Indian tribal employer, the deposit shall be the greater of $1000 or nine times the monthly benefit charges currently accruing or expected to accrue. |
| R994-308-105. Disposition of Deposit |
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If the employer fails to comply with the Act after making the required deposit, the Department will use the deposit to pay amounts due as defined by Subsection R994-302-103(4). The Department may then require a new deposit. |
| R994-308-106. Interest Earned on Deposits |
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Latest version.
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Interest earned on cash deposits will be paid into the same fund as other interest and penalties collected by the Department as provided by Subsection 35A-4-305(1)(e). |