{"data":{"id":"us-ut/utah-code-63g-12-305","jurisdiction":"us-ut","citation":"Utah Code § 63G-12-305","heading":"Administrative actions -- Defenses.","body":"(1) On and after the program start date and in accordance with Chapter 4, Administrative Procedures Act, the department may bring agency action against a private employer who violates Subsection 63G-12-301(1) to impose a penalty described in Section 63G-12-306.\n(2)\n(a) To determine whether an employee is an unauthorized alien for purposes of Subsection (1), the department shall consider only the federal government's determination pursuant to 8 U.S.C. Sec. 1373(c).\n(b) The federal government's determination creates a rebuttable presumption of the employee's lawful status. The department may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. Sec. 1373(c).\n(3) For the purposes of this part, proof of verifying the employment authorization in accordance with Subsection 63G-12-301(2) creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien who does not hold a valid permit.\n(4)\n(a) For the purposes of this section, an employer that establishes that the employer has complied in good faith with the requirements of 8 U.S.C. Sec. 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien.\n(b) An employer is considered to have complied with the requirements of 8 U.S.C. Sec. 1324a(b), notwithstanding an isolated, sporadic, or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.","path":["Title 63G General Government","Chapter 63G-12 Utah Immigration Accountability and Enforcement Act","Part 63G-12-3 Employee Verification and Employer Sanctions"],"source_url":"https://le.utah.gov/xcode/Title63G/Chapter12/63G-12-S305.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"4a0e889f8dfc961b6954a4c3703a86adadd6e9bfbea4ec5dbc8803213cf4f8da","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-63g-12-304","next":"us-ut/utah-code-63g-12-306"},"notice":"GroundRules: Original legal text. Not legal advice."}