As in effect on June 1, 2008
This rule is authorized by 35A-7-101 et seq. Utah Code Ann. 1953.
In addition to definitions included in 35A-7-102, this rule makes the following definition:
(1) Multi-state Employer: A multi-state employer is defined as an employer who has employees in two or more States and who transmits new hire reports magnetically or electronically.
Employers may submit information by paper, magnetic tape, cartridge, or diskette or electronically. Submittals should not be duplicated.
(1) Paper
Employers may mail or fax copies of any one of the following:
(a) the Utah New Hire Registry Reporting Form (form 6)
(b) the employee's W-4 (Employee's Withholding Allowance Certificate), the worksheet portions are not necessary.
(c) computer printouts or other printed information that provides all six of the mandatory data elements required by 35A-7-104 (1).
(2) Magnetic Media
Employers may submit their new hire information on magnetic tape, cartridge, or diskette. Magnetic media must be submitted according to specifications approved by the Department.
(3) Electronic Media
Employers may submit information by Internet on-line data entry or Internet electronic file transfer. Electronic Media must be submitted according to specifications approved by the Department.
(1) Multi-state employers have the option to report all new hires to a single state, chosen by the employer, in which the employer has employees. To exercise this option, the employer must designate one state for reporting new hires, transmit the report magnetically or electronically, and notify the Secretary of Health and Human Services in writing.
The letter of request should include the following information:
(a) Employer Federal ID Number (FEIN).
(b) Any other FEIN's under which the employer does business.
(c) Employer Company name, address and telephone number.
(d) The state to which the employer will report all workers.
(e) A list of states in which the employer employs workers.
(f) Name and phone number of person responsible for providing data.
(1) An employer that fails to report the hiring or re-hiring of an employee in a timely manner is subject to a civil penalty of $25 for each such failure in accordance with Section 35A-7-106. The $25 penalty will be waived if the employer can show good cause for failure to provide the required new hire report(s). Good cause may be established if the employer was prevented from filing a new hire report due to circumstances which were compelling and reasonable or beyond its immediate control. Payment of the $25 penalty does not relieve the employer from the responsibility of filing the required new hire report(s).
new hire registry
August 8, 2007
June 11, 2003
35A-7-101 et seq.; 42 U.S.C. 654(a) et seq.; Pub. L. No. 104-193
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