(1) In a town, as defined in Section 10-1-104, this chapter shall not apply to the employment of uncles, aunts, nephews, nieces, or cousins.
(2) This chapter shall not apply to the employment of a relative if:
(a) fewer than 3,000 people live within 40 miles of the primary place of employment, measured over all weather public roads;
(b) the job opening has had reasonable public notice; and
(c) the relative is the best qualified candidate for the position.
(3) In any proceeding challenging the hiring of a relative under the exception in Subsection (2), the employer has the burden of establishing each of the criteria provided in Subsections (2)(a) through (c).