(1) The division shall enforce compliance with this chapter by: (a) investigating alleged violations of this chapter; and (b) determining the validity of a claim for a violation of this chapter that an individual files with the division in accordance with Subsection (2). (2) (a) An individual may file a claim with the division for a violation of this chapter. (b) An individual shall file a claim under this Subsection (2) within one year after the day on which the individual pays the employer a fee for a medical examination or pays a health care provider for a medical examination. (3) (a) If the division determines a claim filed in accordance with Subsection (2) is valid, the division shall order the employer to reimburse the fee the individual paid to the employer and the cost the individual paid to the health care provider for the medical examination. (b) The division may assess against an employer who violates this chapter, a penalty of up to 5% of: (i) the fee the individual paid to the employer; and (ii) the cost the individual paid to the health care provider for the medical examination. (c) The division shall assess the penalty described in Subsection (3)(b) daily until the employer pays: (i) the individual the amount the employer owes to the individual; and (ii) the penalty for a period not to exceed 20 days. (d) The division shall: (i) retain 50% of the money the division receives from a penalty payment under Subsection (3) (b) for the costs of administering this chapter; and (ii) pay the 50% not retained under Subsection (3)(d)(i) to the individual. (4) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to enforce this chapter.
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