R497-100-2. Definitions

Terms used in this rule are defined in Section 63G-4-103. Additionally: (1) "Adjudicative proceedings " of the department include: (a) a denial, termination, suspension, or reduction of a license or card issued pursuant to Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis or the imposition of a penalty or fine, authorized under Title 26B, Chapter 4, Part 2; (b) any action by an agency owned and operated institution or facility related to discipline or treatment of a resident of that institution or facility; (c) any action by Juvenile Justice and Youth Services and the Youth Parole Authority related to: (i) discipline; (ii) the grant or revocation of parole; (iii) the resolution of grievances; or (iv) the confinement, supervision, or treatment of a resident of any Juvenile Justice and Youth Services facility or institution; (d) any agency records amendment hearing held pursuant to Section 63G-2-603; (e) any finding of abuse, neglect, or exploitation of a vulnerable adult pursuant to Section 26B-6-211; (f) any finding of child abuse, neglect, or dependency pursuant to Section 80-2-707; (g) any protective payee hearing; (h) due process given to foster parents regarding the removal of a foster child from the foster child's home pursuant to Section 80-2a-304; (i) placement and transfer decisions affecting an involuntarily committed resident of the Utah State Developmental Center pursuant to Section 26B-6-609; (j) the denial, revocation, modification, or suspension of a license issued by the Division of Licensing and Background Checks pursuant to Title 26B, Chapter 2, Licensing and Certifications; and (k) the resolution of any client grievance with respect to delivery of services by a contracted private, nongovernmental provider within the agency's service delivery system. (2)(a) "Agency" means the Department of Health and Human Services or a division, office, or operational unit within the department of Health and Human Services, including: (i) the Center for Medical Cannabis; (ii) Division of Aging and Adult Services; (iii) the Division of Child and Family Services; (iv) the Division of Juvenile Justice and Youth Services; (v) the Division of Licensing and Background Checks; (vi) the Division of Services for People with Disabilities; (vii) the Utah State Developmental Center; and (viii) any board, commission, officer, council, committee, bureau, or other administrative unit, including the executive director and director of each division, office, or operational unit. (b) "Agency" does not include: (i) the Compassionate Use Board within the Center for Medical Cannabis; (ii) the Division of Integrated Healthcare, except the Office of Substance Use and Mental Health; and (iii) the Office of Recovery Services. (3) "Aggrieved person" includes any applicant, person, or recipient who is dissatisfied with an agency action. (4) "Claimant" means the party that initiates an adjudicative proceeding whether by an agency action or a request for agency action. (5) "Declaratory order" is an administrative interpretation or explanation of the applicability of a statute, rule, or order within the primary jurisdiction of the agency to specified circumstances. (6) "Department" means the Utah Department of Health and Human Services. (7) "Ex parte communication" means direct or indirect communication in connection with an issue of fact or law, between the presiding officer and only one party. (8) "Mail" means to send through mail services, email, fax, or hand-delivery. (9) "Office" means the Office of Administrative Hearings within the department. (10)(a) "Party" includes: (i) a claimant; (ii) an aggrieved person; or (iii) the agency or an individual designated by the agency head to represent the agency in an adjudicative proceeding. (b) "Party" does not include: (i) a witness testifying at an adjudicative proceeding; (ii) an artificial intelligence (AI) bot, computer, or program; or (iii) the general public. (11) "Presiding officer" means an agency head, or individual designated by an agency head, by rule, or by statute to conduct an adjudicative proceeding and may include: (a) a division or office director; (b) a hearing officer; (c) a statutorily created board or committee; (d) an administrative law judge; and (e) the superintendent of an agency institution.