Utah Administrative Code
Topic - Labor Commission
Title R600 - Administration
Rule R600-3 - Definitions Applicable to Construction Licensees
Section R600-3-3 - Procedures to Challenge Presumption that Unincorporated Entity is the Employer
Universal Citation: UT Admin Code R 600-3-3
Current through Bulletin 2024-18, September 15, 2024
A. Declaratory Actions. An interested party may request a determination regarding an unincorporated entity's status as an employer by filing a petition for declaratory order in accordance with Rule R600-1.
B. In Connection with Other Adjudicative Proceedings.
1. In proceedings to adjudicate a
claim of unpaid wages, employment discrimination, or violation of occupational
safety and health standards, an unincorporated entity may submit evidence that
rebuts the presumption that the unincorporated entity is an employer,
2. Notwithstanding the burden of proof
required to prove the underlying claim, the unincorporated entity may only
rebut the presumption that it is the employer by clear and convincing
evidence.
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