Utah Code 26B-6-705. Confidentiality of materials relating to complaints or investigations — Rulemaking
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(1) The division shall establish procedures by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure that a record maintained by the ombudsman is disclosed only at the discretion of and under the authority of the ombudsman.
Terms Used In Utah Code 26B-6-705
- Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701
- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Ombudsman: means the ombudsman appointed in Section 26B-6-702. See Utah Code 26B-6-701
(2) The identity of a complainant or a party named in the complaint may not be disclosed by the ombudsman unless:
(2)(a) the complainant or a legal representative of the complainant consents to the disclosure;
(2)(b) disclosure is ordered by a court of competent jurisdiction; or
(2)(c) the disclosure is approved by the ombudsman and is made, as part of an investigation involving the complainant, to an agency or entity in the community that:
(2)(c)(i) has statutory responsibility for the complainant, over the action alleged in the complaint, or another party named in the complaint;
(2)(c)(ii) is able to assist the ombudsman to achieve resolution of the complaint; or
(2)(c)(iii) is able to provide expertise that would benefit the complainant.
(3) Neither the ombudsman nor the ombudsman’s designee may be required to testify in court with respect to confidential matters, except as the court finds necessary to enforce this part.