Section R380-600-8 - Rule Compliance, Penalties, Agency Action Reviews, and Appeals(1) The provider shall: (a) comply and maintain compliance with each applicable rule, statute, or requirement;(b) ensure each staff member complies with each applicable rule, statute, or requirement; and(c) comply with and ensure each staff member complies with the department Provider Code of Conduct as established in Rule R380-80.(2) Based on the office findings or the findings of any office authorized agency, the office may:(a) deny a new or renewal of a license or certificate;(e) require a plan of correction;(f) suspend a license or certificate;(g) set the conditions for and place the program or facility license or certificate on a conditional status;(h) increase monitoring inspections;(i) restrict or prohibit admissions; and(j) revoke a license or certificate.(3) When taking any agency action against a provider, the office may consider the provider's:(a) compliance with applicable rules, statutes, or requirements;(b) chronic, ongoing noncompliance with applicable rules, statutes, or requirements;(c) unpaid fees or penalties;(d) serious noncompliance that places any client's health and safety at immediate risk of harm;(e) failure to meet the conditions while the program or facility is on a conditional status;(f) false or misleading information submitted to the office;(g) actions to intentionally alter any document provided to or issued by the department;(h) failure to allow authorized representatives from the department access to the program or facility to ensure compliance with the rules;(i) failure to submit or make available to the department any documentation or report required to ensure compliance with the rules;(j) actions to knowingly employ, be employed by, contract with or in any way relate to business with a person whose license has been revoked by the office within the previous five years;(k) serious noncompliance with the rules that results in the death or serious harm to a client, or that places the client at risk of death or serious harm;(I) commission of an illegal act that would exclude a person from having a license; or(m) need to be investigated by the office as an emergency temporary measure, until compliance or noncompliance is properly substantiated by the office.(4) Any official office action on any provider, except for a foster home, is considered public record, and the office shall make it available to the public including posting citations, substantiated complaint allegations, and other penalties on the division website for at least 36 months.(5) The office may choose to amend any penalty or action taken against a provider at any point during the action process.(6) If a rule noncompliance resulted in a CMP and there is a repeat instance of the same rule noncompliance within a 36-month period, the provider shall pay double the amount of the original CMP and, for each subsequent noncompliance of the same rule issued, double the amount of the previous CMP not to exceed $10,000.(7) The provider shall demonstrate compliance with each noncompliant rule according to the timelines established in the inspection report produced by the office to avoid any further penalties.(8) If the office suspends the license of a foster parent, the foster parent may retain any current placements if the placing department entity approves to allow the foster child to remain in the current placement during the time of suspension.(9) Except as authorized by the office in writing, a program or facility that has had its license or certificate suspended or revoked shall: (a) not accept new clients;(b) only provide any service necessary to maintain client health and safety during the client's transition out of the program or facility;(c) develop and comply with a plan to transition each client out of the program or facility and into an equivalent, safe, currently licensed program or facility or into the custody of the client's legal guardian; and(d) maintain program or facility staffing to maintain the health and safety needs of each client while an appeal of the suspension or revocation is pending or until each client is removed from the program.(10) Unless otherwise stated on the conditions set by a conditional license, the office may conduct increased monitoring inspections for a facility on a conditional status until the facility demonstrates substantial compliance.(11) Any owner identified in a license or certificate revocation action may not be approved for a license or certification of any other program or facility overseen by the office for five years from the date the revocation was made effective.(12) If the office places a program or facility on a conditional license, issues a suspension or a revocation, the provider shall, within five days of receiving the notice: (a) post the notice on-site where it is easily viewable by the public;(b) notify each client, guardian, and prospective client of the notice;(c) post a copy of the notice on the program or facility website, if the program or facility has a website; and(d) keep the notice posted for as long as the office notice is in effect.(13) If an appeal of a revocation, suspension or conditional status that restricts admissions is pending, a provider may not accept any new clients without prior written authorization from the office.(14) The office may, in addition to any other actions, refer any noncompliance concerns to any other local and federal agency and seek criminal penalties.(15) An applicant or provider may request: (a) an action review of any office decision within ten working days of being informed in writing of the decision by submitting a request to the office through the licensing provider portal; or(b) an appeal of any office decision within 15 working days of being informed in writing of the decision by following the department appeal process.Utah Admin. Code R380-600-8
Adopted by Utah State Bulletin Number 2024-01, effective 12/19/2023