62A-2-108.3 - Local government -- Certified local inspector -- Local inspection of a residential treatment facility -- Reporting violations.
62A-2-108.3. Local government -- Certified local inspector -- Local inspection of aresidential treatment facility -- Reporting violations.
(1) (a) Subject to this Subsection (1) and Subsection (3), the office shall designate, orrenew the designation of, a local government employee as a certified local inspector if:
(i) the governing body of a local government gives the office written notice:
(A) of the name of an employee of the local government; and
(B) requesting that the office designate the employee described in Subsection (1)(a)(i)(A)as a certified local inspector; and
(ii) the employee described in Subsection (1)(a)(i) successfully completes the trainingdescribed in Subsection (1)(b).
(b) Before designating a local government employee as a certified local inspector, theoffice shall:
(i) provide training to the local government employee on:
(A) this chapter;
(B) the rules established under:
(I) Subsection (2); and
(II) Subsection 62A-2-106(1)(a);
(C) the Fourth Amendment to the Constitution of the United States; and
(D) other issues relating to conducting the inspections described in Subsection (4); and
(ii) conduct a criminal background check of the local government employee pursuant tothe same procedures established for a criminal background check of an applicant for an initiallicense under Section 62A-2-120.
(c) Subject to Subsection (6), the office may not designate a person as a certified localinspector:
(i) unless the office approves the person to have direct access to children or vulnerableadults pursuant to Section 62A-2-120; or
(ii) if the office determines that, based on the conduct of the person, it is not in thepublic's best interest to designate the person as a certified local inspector.
(d) The office shall provide to a certified local inspector identification that:
(i) identifies the person as a certified local inspector;
(ii) contains a photograph of the certified local inspector;
(iii) states the date on which the certification of the certified local inspector expires; and
(iv) identifies the geographic location where the certified local inspector is authorized toconduct an inspection.
(e) Nothing in this section shall be construed to require a local government to employ acertified local inspector.
(2) The office shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to establish procedures for:
(a) complying with this section; and
(b) the conduct of inspections by a certified local inspector.
(3) For purposes of Subsection (1):
(a) the designation of a person as a certified local inspector shall expire one calendar yearfrom the day on which the designation is made;
(b) the designation of a person as a certified local inspector may not be renewed unlessSubsection (1) is complied with, including:
(i) providing a refresher course on the training described in Subsection (1)(b)(i); and
(ii) conducting a new criminal background check pursuant to Subsection (1)(b)(ii); and
(c) the office:
(i) shall revoke a person's designation as a certified local inspector if:
(A) subject to Subsection (6), the person commits an act that is grounds for refusing todesignate a person as a certified local inspector;
(B) the person's local government employer requests that the designation described inthis Subsection (3)(c)(i) be revoked; or
(C) the person is no longer employed by a local government, unless:
(I) the person is employed by another local government; and
(II) the governing body of the local government described in Subsection (3)(c)(i)(C)(I),requests, in writing, that the person's designation as a certified local inspector continue; and
(ii) subject to Subsection (6), may revoke a person's designation as a certified localinspector if the person violates:
(A) this section; or
(B) a rule made by the department that relates to this section.
(4) (a) Subject to Subsection (4)(b), a certified local inspector may inspect a residentialtreatment facility of a licensee:
(i) if the certified local inspector is an employee of a local government that is a:
(A) (I) city; and
(II) the residential treatment facility is located within the city; or
(B) (I) county; and
(II) the residential treatment facility is located within the unincorporated area of thecounty;
(ii) only during regular business hours;
(iii) pursuant to:
(A) this section; and
(B) the rules made by the office under this section; and
(iv) to determine whether the residential treatment facility is in compliance with therequirements of:
(A) this chapter; and
(B) the rules made pursuant to this chapter.
(b) Notwithstanding Subsection (4)(a), a certified local inspector, may not:
(i) inspect a residential treatment facility of a licensee:
(A) if the office instructs the certified local inspector to not conduct an inspection; or
(B) except in an emergency, without giving the office prior notice of the inspection; and
(ii) unless otherwise authorized by law, examine or obtain any record of a residentialtreatment facility, including a record relating to:
(A) a client of the residential treatment facility;
(B) an employee of the residential treatment facility; or
(C) an incident that occurs at the residential treatment facility.
(c) Within 24 hours, excluding weekends and holidays, of conducting an inspectionunder this Subsection (4), the inspector shall provide the office with a written report informingthe office of the details of the inspection, including any violation by the licensee of:
(i) this chapter; or
(ii) the rules made pursuant to this chapter.
(5) (a) A local government employee who is a certified local inspector:
(i) may not take any action pursuant to this section without approval from the certifiedlocal inspector's local government employer;
(ii) when taking any action pursuant to this section, shall at all times be considered anemployee of the certified local inspector's local government employer; and
(iii) is not an employee of the:
(A) office; or
(B) department.
(b) If a certified local inspector acts or fails to act in a way that would otherwise incurany liability to the office or the department, the certified local inspector's local governmentemployer shall indemnify, defend, and hold harmless the office and the department for thatliability.
(c) (i) A local government employer of a certified local inspector is primarily responsiblefor the training of the local government employer's certified local inspector.
(ii) The training described in Subsection (1)(b)(i) that is provided by the office issupplemental to the primary training responsibility of the certified local inspector's localgovernment employer.
(d) The local government employer of a certified local inspector shall be responsible topay the certified local inspector for all action taken by the certified local inspector under thissection, including:
(i) conducting an inspection;
(ii) preparing an inspection report for the office; and
(iii) participating in training.
(6) (a) For purposes of Subsection (1), and Subsections (3)(c)(i)(A) and (3)(c)(ii), if theoffice determines to not designate or renew the designation of a person as a certified localinspector, the office shall notify the person and the governing body of the local government thatemploys the person:
(i) of the determination described in this Subsection (6)(a);
(ii) of the reasons for the determination described in this Subsection (6)(a); and
(iii) that the person or the local government, or both, may request a hearing in thedepartment's Office of Administrative Hearings, to challenge the office's decision.
(b) A person for whom a hearing is requested under Subsection (6)(a)(iii) is not acertified local inspector until:
(i) a final decision is made that the office should designate the person as a certified localinspector; and
(ii) (A) all appeals of the determination described in Subsection (6)(a) are exhausted; or
(B) the time for an appeal described in Subsection (6)(b)(ii)(A) has expired.
(7) (a) If the office determines that a residential treatment facility has violated thischapter or the rules made pursuant to this chapter, the office shall provide written notice of theviolation to the governing body of:
(i) the city that the residential treatment facility is located in; or
(ii) the county that the residential treatment facility is located in, if the residentialtreatment facility is located in the unincorporated area of the county.
(b) The written notice described in Subsection (7)(a):
(i) subject to Subsection (7)(b)(ii), shall include:
(A) the name of the residential treatment facility;
(B) the location of the residential treatment facility;
(C) the date and time that the violation occurred; and
(D) the provision of the statute or rule that is violated; and
(ii) may not include:
(A) the name of any person connected with the violation; or
(B) any information prohibited from disclosure by Title 63G, Chapter 2, GovernmentRecords Access and Management Act.
(c) A local government may seek additional information relating to a violation describedin this Subsection (7) to the extent permitted by Title 63G, Chapter 2, Government RecordsAccess and Management Act.
Amended by Chapter 382, 2008 General Session