subcontractor described in Subsection (7)(f)(i)(B). (iii) Subsection (7)(f)(ii) applies if the eligible employer: (A) under Subsection (7)(a) is liable for and pays workers' compensation benefits as an original employer under Subsection (7)(a) because the contractor or subcontractor fails to comply with Section 34A-2-201; (B) (I) secures, in accordance with Section 34A-2-201, the payment of workers' compensation coverage for the contractor or subcontractor; (II) procures work to be done that is part or process of the trade or business of the eligible employer; and (III) does the following with regard to a written workplace accident and injury reduction program that meets the requirements of Subsection 34A-2-111(3)(d): (Aa) adopts the workplace accident and injury reduction program; (Bb) posts the workplace accident and injury reduction program at the work site at which the eligible employer procures work; and (Cc) enforces the workplace accident and injury reduction program according to the terms of the workplace accident and injury reduction program; or (C) (I) obtains and relies on: (Aa) a valid certification described in Subsection (7)(c)(i) or (7)(e)(i); (Bb) a workers' compensation coverage waiver described in Subsection (7)(c)(ii) or (7)(e) (ii); or (Cc) proof that a director or officer is excluded from coverage under Subsection 34A-2-104(4); (II) is liable under Subsection (7)(a) for the payment of workers' compensation benefits if the contractor or subcontractor fails to comply with Section 34A-2-201; (III) procures work to be done that is part or process in the trade or business of the eligible employer; and (IV) does the following with regard to a written workplace accident and injury reduction program that meets the requirements of Subsection 34A-2-111(3)(d): (Aa) adopts the workplace accident and injury reduction program; (Bb) posts the workplace accident and injury reduction program at the work site at which the eligible employer procures work; and (Cc) enforces the workplace accident and injury reduction program according to the terms of the workplace accident and injury reduction program. (8) (a) For purposes of this Subsection (8), "unincorporated entity" means an entity organized or doing business in the state that is not: (i) an individual; (ii) a corporation; or (iii) publicly traded. (b) For purposes of this chapter and Chapter 3, Utah Occupational Disease Act, an unincorporated entity that is required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is presumed to be the employer of each individual who holds, directly or indirectly, an ownership interest in the unincorporated entity. Notwithstanding Subsection (7)(c) and Subsection 34A-2-104(3), the unincorporated entity shall provide the individual who holds the ownership interest workers' compensation coverage under this chapter and Chapter 3, Utah Occupational Disease Act, unless the presumption is rebutted under Subsection (8)(c). (c) Pursuant to rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an unincorporated entity may rebut the presumption under Subsection (8)(b) for an individual by establishing by clear and convincing evidence that the individual: (i) is an active manager of the unincorporated entity; (ii) directly or indirectly holds at least an 8% ownership interest in the unincorporated entity; or (iii) is not subject to supervision or control in the performance of work by: (A) the unincorporated entity; or (B) a person with whom the unincorporated entity contracts. (d) As part of the rules made under Subsection (8)(c), the commission may define: (i) "active manager"; (ii) "directly or indirectly holds at least an 8% ownership interest"; and (iii) "subject to supervision or control in the performance of work." (9) (a) As used in this Subsection (9), "home and community based services" means one or more of the following services provided to an individual with a disability or to the individual's family that helps prevent the individual with a disability from being placed in a more restrictive setting: (i) respite care; (ii) skilled nursing; (iii) nursing assistant services; (iv) home health aide services; (v) personal care and attendant services; (vi) other in-home care, such as support for the daily activities of the individual with a disability; (vii) specialized in-home training for the individual with a disability or a family member of the individual with a disability; (viii) specialized in-home support, coordination, and other supported living services; and (ix) any other in-home service that is unique to the individual with a disability or the family of the individual with a disability. (b) (i) Notwithstanding Subsection (4) and subject to Subsection (9)(c), an individual with a disability or designated representative of the individual with a disability is considered an employer under this chapter and Chapter 3, Utah Occupational Disease Act, of an individual who provides home and community based services if the individual with a disability or designated representative of the individual with a disability: (A) employs the individual to provide home and community based services for seven hours per week or more; and (B) pays the individual providing the home and community based services from state or federal money received by the individual with a disability or designated representative of the individual with a disability to fund home and community based services, including through a person designated by the Secretary of the Treasury in accordance with Section 3504, Internal Revenue Code, as a fiduciary, agent, or other person who has the control, receipt, custody, or disposal of, or pays the wages of, the individual providing the home and community based services. (ii) For purposes of Subsection (9)(b)(i), an entity is not a designated representative of an individual with a disability solely because the entity, in the course of business, connects the individual with a disability or the individual's family with an individual who provides home and community based services. (c) The state and federal money received by an individual with a disability or designated representative of an individual with a disability shall include the cost of the workers' compensation coverage required by this Subsection (9) in addition to the money necessary to fund the home and community based services that the individual with a disability or family of the individual with a disability is eligible to receive so that the home and community based services are not reduced in order to pay for the workers' compensation coverage required by this Subsection (9). (10) (a) For purposes of this Subsection (10), "federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government. (b) For purposes of determining whether two or more persons are considered joint employers under this chapter or Chapter 3, Utah Occupational Disease Act, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule. (11) (a) As used in this Subsection (11): (i) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1. (ii) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1. (iii) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1. (b) For purposes of this chapter, a franchisor is not considered to be an employer of: (i) a franchisee; or (ii) a franchisee's employee. (c) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (11) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
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