Utah Admin. Code R510-200-11 - Conflicts of Interest

(1) Employees and volunteers of the office and each local ombudsman entity may not have any conflict of interest as described in 42 U.S.C. 3058(f).

(2) Employees and volunteers of the office and each local ombudsman entity have an affirmative duty to notify the office of any actual or potential conflict of interest.

(3) An organizational conflict of interest may only be remedied if the existence of the conflict does not interfere with any duties of the office or local ombudsman entity and the existence of the conflict is not likely to alter the perception of the ombudsman program as an independent advocate of residents.

(4) An organizational conflict may be remedied by completing the following steps:

(a) a written remedial plan shall be developed within ten business days of identification of the organizational conflict and submitted to the office;

(b) the written remedial plan must identify the conflict and provide assurances that mitigate the negative impact of the conflict on the ombudsman program;

(c) the local area agency and local ombudsman entity shall cease all ombudsman program activities during the remedial period; and

(d) the written remedial plan must be mutually agreed upon and signed by the entity with which the conflict exists and the office.

(5) The office, local area agencies, and local ombudsman entities shall take reasonable steps to avoid employing or volunteering an individual who has an unremedied conflict of interest or who has a member of their immediate family with an unremedied conflict of interest.

Notes

Utah Admin. Code R510-200-11

Adopted by Utah State Bulletin Number 2018-12, effective 5/30/2018 Adopted by Utah State Bulletin Number 2022-09, effective 4/12/2022