Utah Admin. Code R497-100-2 - Definitions
For purposes of this rule, the definitions in Section 63G-4-103 of the Utah Administrative Procedures Act apply in addition to the following:
(1) For this rule, "agency" means the
Department of Health and Human Services or a division, office, or operational
unit of the Department of Health and Human Services including the Division of
Child and Family Services (DCFS), the Division of Services for People with
Disabilities (DSPD), the Division of Juvenile Justice and Youth Services
(DJJYS), the Division of Aging and Adult Services (DAAS), the Division of
Licensing and Background Checks (DLBC), the Utah State Developmental Center
(USDC), the Center for Medical Cannabis (CMC), and any boards, commissions,
officers, councils, committees, bureaus, or other administrative units,
including the Executive Director and Director of each Division, Office, or
Institution. For purposes of this rule, the term "agency" does not include the
Office of Recovery Services (ORS), the Division of Integrated Health Care
(DIH), or the Compassionate Use Board within the CMC.
(2) "Adjudicative proceedings" of the
Department of Health and Human Services include:
(a) findings of child abuse, neglect and
dependency pursuant to Section
62A-4a-1009;
(b) due process given to foster parents
regarding the removal of a foster child from their home pursuant to Section
62A-4a-206;
(c) the denial, revocation, modification or
suspension of a license issued by DLBC pursuant to Sections
62A-2-106,
62A-2-120,
26-8a-501 through 507,
26-8A-310,
26-8a-401 through 416,
26-21-11,
26-21-201 through 210,
26-39-401 through 404, and
26-39-601;
(d) findings of abuse, neglect or
exploitation of a vulnerable adult pursuant to Section
62A-3-301;
(e) actions by the DJJYS and the Youth Parole
Authority relating to granting or revocation of parole, discipline, or
resolution of grievances, supervision, confinement or treatment of residents of
any Juvenile Justice Services facility or institution;
(f) resolution of client grievances with
respect to delivery of services by contracted private, nongovernmental
providers within the agency's service delivery system;
(g) actions by agency owned and operated
institutions and facilities relating to discipline or treatment of residents of
those facilities;
(h) placement and
transfer decisions affecting involuntarily committed residents of the USDC
pursuant to Section
62A-5-313;
(i) protective payee hearings;
(j) a denial, termination, suspension, or
reduction of a license or card issued pursuant to Title 26, Chapter 61a, Utah
Medical Cannabis Act, or the imposition of a penalty or fine, authorized under
Title 26, Chapter 61a, Utah Medical Cannabis Act; and
(j) agency records amendment hearings held
pursuant to Section
63G-2-603.
(3) "Aggrieved person" includes any
applicant, recipient, or person aggrieved by an agency action.
(4) "Claimant" means the party that initiates
an adjudicative proceeding whether by an agency action or a request for agency
action.
(5) "Declaratory Order" is
an administrative interpretation or explanation of the applicability of a
statute, rule, or order within the primary jurisdiction of the agency to
specified circumstances.
(6) "Ex
Parte" communication means direct or indirect communication in connection with
an issue of fact or law, between the Administrative Law Judge and one party
only.
(7) "Mail" means to send
through mail services, email, or hand-delivery.
(8) "Office" means the Office of
Administrative Hearings in the Department of Human Services.
(9) "Presiding officer" means an agency head,
or individual designated by the agency head, by these rules, by agency rule, or
by statute to conduct an adjudicative proceeding and may include the following:
(a) hearing officers;
(b) administrative law judges;
(c) division and office directors;
(d) the superintendent of agency
institutions; and
(e) statutorily
created boards or committees.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.