Utah Code 35A-3-605. Issuance or modification of administrative order — Voluntary acknowledgment of overpayment — Court orders supersede administrative orders — Notification requirement
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Terms Used In Utah Code 35A-3-605
- 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
- Administrative order: means an order issued by the department that addresses an overpayment of public assistance. See Utah Code 35A-3-102
- Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Notice of agency action: means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201. See Utah Code 35A-3-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligor: means an individual:
(20)(a) who is liable to the state under Section 35A-3-603 and applicable federal statutes and regulations; or(20)(b) against whom an administrative or judicial order determining overpayment has been obtained. See Utah Code 35A-3-102- Overpayment: includes money paid to a provider under this title in connection with public assistance or another publicly funded assistance program to the extent that the provider receives payment:
(21)(b)(i) for goods or services not provided; or(21)(b)(ii) in excess of the amount to which the provider is entitled. See Utah Code 35A-3-102- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(1)(a) Through an adjudicative proceeding, the department may issue or modify an administrative order that:(1)(a)(i) determines whether an overpayment was made, the amount of the overpayment, and whether benefits were obtained by an intentional program violation;(1)(a)(ii) reduces the overpayment determined by an administrative judgment; or(1)(a)(iii) renews an administrative judgment.(1)(b) The department shall commence an adjudicative proceeding to renew a judgment by serving notice of agency action on the obligor before the judgment is barred by the applicable statute of limitations.(2) The department may accept voluntary acknowledgment of an overpayment obligation and enter into stipulated agreements to issue orders and judgments.(3)(3)(a) A provision of an administrative order is enforceable against an obligor, unless it is in direct conflict with or is superseded by a provision of a court order.(3)(b) To the extent of any conflict, the court order governs.(4) After being properly served with a notice of agency action under this part, an obligor shall notify the department of any subsequent change of address or employment.