34A-2-210 - Power to bring suit for noncompliance.
34A-2-210. Power to bring suit for noncompliance.
(1) (a) The commission or the division on behalf of the commission may maintain a suitin any court of the state to enjoin any employer, within this chapter or Chapter 3, UtahOccupational Disease Act, from further operation of the employer's business, when the employerfails to provide for the payment of benefits in one of the three ways provided in Section34A-2-201.
(b) Upon a showing of failure to provide for the payment of benefits, the court shallenjoin the further operation of the employer's business until the payment of these benefits has beensecured by the employer as required by Section 34A-2-201. The court may enjoin the employerwithout requiring bond from the commission or division.
(2) If the division has reason to believe that an employer is conducting a business withoutsecuring the payment of compensation in one of the three ways provided in Section 34A-2-201,the division may give the employer five days written notice by registered mail of thenoncompliance and if the employer within the five days written notice does not remedy thedefault:
(a) the commission or the division on behalf of the commission may file suit underSubsection (1); and
(b) the court may, ex parte, issue without bond a temporary injunction restraining thefurther operation of the employer's business.
Enacted by Chapter 375, 1997 General Session