Section R497-100-2 - DefinitionsFor 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: (b) administrative law judges;(c) division and office directors;(d) the superintendent of agency institutions; and(e) statutorily created boards or committees.Utah Admin. Code R497-100-2
Amended by Utah State Bulletin Number 2017-5, effective 2/7/2017Amended by Utah State Bulletin Number 2020-18, effective 9/1/2020Amended by Utah State Bulletin Number 2022-14, effective 7/1/2022