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 the division makes a supported finding that a person committed abuse, neglect, or exploitation of a vulnerable adult, the division shall serve the person with a notice of agency action, in accordance with Subsections (2) and (3).
- (b) The division may serve the notice described in Subsection (1)(a) within a reasonable time 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 the person a license or otherwise adversely impact the person.
- (i) the delay is necessary in order to:
- (2) The division shall cause the notice described in Subsection (1)(a) to be served by personal 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), the division made a supported finding that the alleged perpetrator committed abuse, neglect, or exploitation 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 is licensed 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 identifying information is listed in the database;
- (f) indicate that the alleged perpetrator may request a copy of the report of the alleged abuse, 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 a timely manner.
- (4)
- (a) The alleged perpetrator has the right, within 30 days after the day on which the notice described in Subsection (1)(a) is served, to challenge the supported finding by filing a request for an informal adjudicative proceeding, under Title 63G, Chapter 4, Administrative Procedures Act.
- (b) If the alleged perpetrator fails to file a request for an informal adjudicative proceeding within the time described in Subsection (4)(a), the supported finding will become final and will not 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, or exploitation of a vulnerable adult.
- (6) Notwithstanding any provision of this section, an alleged perpetrator described in this section may not challenge a supported finding if a court of competent jurisdiction entered a finding in a proceeding to which the alleged perpetrator was a party, that the alleged perpetrator committed the abuse, neglect, or exploitation of a vulnerable adult, upon which the supported finding is based.
- (7) A person who was listed in the database as a perpetrator before May 5, 2008, and who 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