Utah Admin. Code R527-39-4 - Options to Contest a Noncooperation Determination

(1) If the recipient fails to cooperate as listed in R527-39-3, ORS will notify the recipient and the Department of Workforce Services. The recipient may contest the noncooperation determination by:

(a) requesting ORS conduct an administrative review;

(b) requesting an adjudicative proceeding pursuant to Title 63G, Chapter 4, Utah Administrative Procedures Act (UAPA), to be conducted by an ORS presiding officer; or,

(c) petitioning the district court to review the noncooperation determination and issue a judicial order based on its findings.

(2) An administrative review shall not be subject to UAPA provisions or be considered an adjudicative proceeding pursuant to Section 63G-4-203 and Rule R527-200. The goal of the administrative review is to determine if the recipient has met the cooperation requirements or if the recipient cannot meet the requirements. A senior agent or other employee designated to conduct the administrative review shall:

(a) examine the case record;

(b) discuss the case with the assigned case worker;

(c) consult with management staff; and

(d) consider any new information the recipient provides.

(3) If the recipient disagrees with the results of an administrative review, the recipient may:

(a) request an adjudicative proceeding pursuant to UAPA; or

(b) petition the district court to review the initial noncooperation determination and the results of the administrative review.

(4) If the recipient disagrees with the decision and order issued at the close of an adjudicative proceeding, the recipient may:

(a) request reconsideration within 20 days after the date the decision and order is issued pursuant to Section 63G-4-302 and Rule R527-200; or

(b) petition the district court to review the decision and order and issue a judicial order based on its findings.

Notes

Utah Admin. Code R527-39-4

Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022