62A-3-311.5 - Notice of supported finding -- Procedure for challenging finding -- Limitations.
62A-3-311.5. Notice of supported finding -- Procedure for challenging finding --Limitations.
(1) (a) Except as provided in Subsection (1)(b), within 15 days after the day on which thedivision makes a supported finding that a person committed abuse, neglect, or exploitation of avulnerable adult, the division shall serve the person with a notice of agency action, in accordancewith Subsections (2) and (3).
(b) The division may serve the notice described in Subsection (1)(a) within a reasonabletime after the 15 day period described in Subsection (1)(a) if:
(i) the delay is necessary in order to:
(A) avoid impeding an ongoing criminal investigation or proceeding; or
(B) protect the safety of a person; and
(ii) the notice is provided before the supported finding is used as a basis to deny theperson a license or otherwise adversely impact the person.
(2) The division shall cause the notice described in Subsection (1)(a) to be served bypersonal service or certified mail.
(3) The notice described in Subsection (1)(a) shall:
(a) indicate that the division has conducted an investigation regarding alleged abuse,neglect, or exploitation of a vulnerable adult by the alleged perpetrator;
(b) indicate that, as a result of the investigation described in Subsection (3)(a), thedivision made a supported finding that the alleged perpetrator committed abuse, neglect, orexploitation of a vulnerable adult;
(c) include a summary of the facts that are the basis for the supported finding;
(d) indicate that the supported finding may result in disqualifying the person from:
(i) being licensed, certified, approved, or employed by a government agency;
(ii) being employed by a service provider, person, or other entity that contracts with, or islicensed by, a government agency; or
(iii) qualifying as a volunteer for an entity described in Subsection (3)(d)(i) or (ii);
(e) indicate that, as a result of the supported finding, the alleged perpetrator's identifyinginformation is listed in the database;
(f) indicate that the alleged perpetrator may request a copy of the report of the allegedabuse, neglect, or exploitation; and
(g) inform the alleged perpetrator of:
(i) the right described in Subsection (4)(a); and
(ii) the consequences of failing to exercise the right described in Subsection (4)(a) in atimely manner.
(4) (a) The alleged perpetrator has the right, within 30 days after the day on which thenotice described in Subsection (1)(a) is served, to challenge the supported finding by filing arequest for an informal adjudicative proceeding, under Title 63G, Chapter 4, AdministrativeProcedures Act.
(b) If the alleged perpetrator fails to file a request for an informal adjudicative proceedingwithin the time described in Subsection (4)(a), the supported finding will become final and willnot be subject to challenge or appeal.
(5) At the hearing described in Subsection (4)(a), the division has the burden of proving,by a preponderance of the evidence, that the alleged perpetrator committed abuse, neglect, orexploitation of a vulnerable adult.
(6) Notwithstanding any provision of this section, an alleged perpetrator described in thissection may not challenge a supported finding if a court of competent jurisdiction entered afinding in a proceeding to which the alleged perpetrator was a party, that the alleged perpetratorcommitted the abuse, neglect, or exploitation of a vulnerable adult, upon which the supportedfinding is based.
(7) A person who was listed in the database as a perpetrator before May 5, 2008, andwho did not have an opportunity to challenge the division's finding that resulted in the listing,may at any time:
(a) request that the division reconsider the division's finding; or
(b) request an informal adjudicative proceeding, under Title 63G, Chapter 4,Administrative Procedures Act, to challenge the finding.
Enacted by Chapter 91, 2008 General Session