Rule R994-315. Centralized New Hire Registry Reporting.

As in effect on March 1, 2010

Table of Contents

• R994-315-101. Authority.
• R994-315-102. Definitions.
• R994-315-103. Reporting Formats.
• R994-315-104. Multi-state Employers.
• R994-315-105. Waiver of Penalty for Failure to Report.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R994-315-101. Authority.

This rule is authorized by 35A-7-101 et seq. Utah Code Ann. 1953.

R994-315-102. Definitions.

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.

R994-315-103. Reporting Formats.

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.

R994-315-104. Multi-state Employers.

(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.

R994-315-105. Waiver of Penalty for Failure to Report.

(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).

KEY

new hire registry

Date of Enactment or Last Substantive Amendment

August 8, 2007

Notice of Continuation

June 10, 2008

Authorizing, Implemented, or Interpreted Law

35A-7-101 et seq.; 42 U.S.C. 654(a) et seq.; Pub. L. No. 104-193