Utah Code 26B-2-703. Sanctions — Penalties and adjudicative procedure — Rulemaking
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(1) If the department has reason to believe that a provider has failed to comply with this chapter or rules made pursuant to this chapter, the department may serve a notice of agency action to commence an adjudicative proceeding in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Terms Used In Utah Code 26B-2-703
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Certificate: means a residential child care certificate issued by the office. See Utah Code 26B-2-701
- Certification: means an approval to operate in compliance with local or federal requirements or regulations, completed by the office or on behalf of the office for a local or federal agency. See Utah Code 26B-2-701
- Client: means an individual, resident, or patient who receives services from a provider. See Utah Code 26B-2-701
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fraud: Intentional deception resulting in injury to another.
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
- Program or facility: means the settings, activities, services, procedures, and premises used by a provider to provide services regulated by the department. See Utah Code 26B-2-701
- Provider: means a license holder, certificate holder, or legally responsible person that provides services regulated by the department. See Utah Code 26B-2-701
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
(2) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the department may deny, place conditions on, suspend, or revoke a license, certificate, or certification, and invoke penalties, including restricting or prohibiting new admissions to a program or facility, if the department finds that there has been:
(2)(a) a failure to comply with:
(2)(a)(i) rules established under this chapter; or
(2)(a)(ii) any lawful order of the department or a local health department, or applicable rule, statute, regulation, or requirement;
(2)(b) aiding, abetting, or permitting the commission of any illegal act;
(2)(c) conduct adverse to the standards required to provide services and promote public trust, including aiding, abetting, or permitting the commission of abuse, neglect, exploitation, harm, mistreatment, or fraud; or
(2)(d) a failure to provide applicable health and safety services for clients.
(3)
(3)(a) The department may act on an emergency basis if the department determines immediate action is necessary to protect a client.
(3)(b) Immediate action taken under Subsection (3)(a) may include restricting new admissions to a program or facility, or increased monitoring of the operations of a program or facility.
(4) The department may impose civil monetary penalties against any person, in a sum not to exceed $10,000 per violation, in:
(4)(a) an administrative action in accordance with Title 63G, Chapter 4, Administrative Procedures Act;
(4)(b) a similar administrative proceeding adopted by a county or local government; or
(4)(c) a judicial civil proceeding.
(5) Assessment of a civil penalty or administrative penalty does not preclude the department or a local health department from:
(5)(a) seeking criminal penalties;
(5)(b) denying, revoking, imposing conditions on, or refusing to renew a license, certificate, or certification; or
(5)(c) seeking injunctive or equitable remedies.
(6) If the department revokes a license, certificate, or certification, the office may not grant a new license, certificate, or certification unless:
(6)(a) at least five years have passed since the day on which the provider was served with final notice that the provider’s license, certificate, or certification was revoked; and
(6)(b) the office determines that the interests of the public will not be jeopardized by granting the provider a new license, certificate, or certification.
(7) If the department does not renew a license, certificate, or certification because of noncompliance with the provisions of this part or rules adopted under this part, the department may not issue a new license, certificate, or certification unless:
(7)(a) at least one year has passed since the day on which the renewal was denied;
(7)(b) the provider complies with all renewal requirements; and
(7)(c) the office determines that the interests of the public will not be jeopardized by issuing a new license, certificate, or certification.
(8) The office may suspend a license, certificate, or certification for up to three years.
(9) When a license, certificate, or certification has been suspended, the office may restore, or restore subject to conditions, the suspended license, certificate, or certification upon a determination that the:
(9)(a) conditions upon which the suspension were based have been completely or partially corrected; and
(9)(b) interests of the public will not be jeopardized by restoration of the license, certificate, or certification.
(10) If a provider fails to comply with the provisions of this chapter, the department may impose a penalty on the provider that is less than or equal to the cost incurred by the department, which may include:
(10)(a) the cost to continue providing services, including ensuring client safety and relocating clients through the transition or closure of a program or facility;
(10)(b) the cost to place an administrator or department representative as a monitor in a program or facility; or
(10)(c) the cost to assess to the provider those costs incurred by the department.
(11) If a congregate care program or facility knowingly fails to comply with the provisions of Section 26B-2-124 , the office may impose a penalty on the congregate care program or facility that is less than or equal to the cost of care incurred by the state for a private-placement child described in Subsection 26B-2-124 (3).
(12) If the department finds that an abortion has been performed in violation of Section 76-7-314 or 76-7a-201 , the department shall deny or revoke the license.
(13) A provider, program or facility, or person may commence adjudicative proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, regarding all agency actions that determine the legal rights, duties, privileges, immunities, or other legal interests of the provider, program or facility, or persons associated with the provider, including all office actions to grant, deny, place conditions on, revoke, suspend, withdraw, or amend an authority, right, license, certificate, or certification under this part.
(14) Subject to the requirements of federal and state law, the office shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish sanctions, penalties, and adjudicative proceedings as described in this chapter.