Utah Admin. Code R510-200-7 - De-Designation of Local Area Agencies
(1)
The office may de-designate a local area agency for any of the following
reasons:
(a) failure of the local area agency
to meet the criteria for designation;
(b) existence of a conflict of interest as
described in
42 U.S.C.
3058g(f)(2);
(c) failure of the local area agency to
disclose any conflict of interest described in
42 U.S.C.
3058g(f);
(d) a violation of the office's
confidentiality requirements described in Section
R510-200-19;
(e) failure to provide adequate ombudsman
program services;
(f) failure to
fill a vacant local ombudsman entity's position;
(g) failure to use funds designated for the
ombudsman program for ombudsman program services or as directed by the
office;
(h) failure to adhere to
the terms of the contract for the provision of ombudsman services; or
(i) failure to adhere to any other applicable
state or federal law or regulation.
(2) The office shall send notice of intent to
de-designate to the local area agency.
(a) The
local area agency shall respond in writing within ten business days of receipt
of the notice of intent to de-designate. The response shall outline the local
area agency's plan to reach compliance with its responsibilities.
(b) The office may terminate or amend its
contract with the local area agency to provide ombudsman program services after
ten business days have passed since the local area agency's receipt of the
notice of intent to de-designate.
(3) A local area agency may appeal the
office's decision to de-designate the local area agency to the division
director.
(a) An appeal of the office's
decision to de-designate a local area agency shall be submitted in writing to
the division director within ten business days of the office's final decision
for de-designation.
(b) An appeal
of the office's decision to de-designate a local area agency shall state the
following:
(i) the stated reason for
de-designation;
(ii) the local area
agency's attempts to correct the reason for de-designation;
(iii) the local area agency's explanation for
why its attempts to correct the reason for de-designation should qualify it for
re-designation.
(4) If an appeal of the office's decision to
de-designate a local area agency is denied by the division director, the local
area agency may appeal the division director's decision to the department's
deputy director.
(a) An appeal of the division
director's decision shall be submitted in writing to the department's deputy
director within ten business days of the division director's
decision.
(b) An appeal of the
division director's decision shall state the following:
(i) the stated reason for
de-designation;
(ii) the local area
agency's attempts to correct the reason for de-designation; and
(iii) the local area agency's explanation for
why its attempts to correct the reason for de-designation should qualify it for
re-designation.
(5) A local area agency may voluntarily
withdraw designation as a provider agency.
(a)
A local area agency shall provide written notice to the office of its intent to
voluntarily withdraw designation at least 90 days in advance of the date of
relinquishment of designation.
(b)
A local area agency that provides written notice of its intent to voluntarily
withdraw designation shall continue performing ombudsman program services until
the date of relinquishment of designation.
(6) If a local area agency is in the process
of appealing its de-designation or has relinquished its designation, the local
area agency shall surrender any equipment or supplies purchased with funds
allocated for ombudsman program services. The local area agency shall also
surrender the balance of any funds advanced to the local area agency for the
provision of ombudsman program services.
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.