DAR File No. 27981

Human Services, Child and Family Services

R512-75

Rules Governing Adjudication of Consumer Complaints

NOTICE OF PROPOSED RULE

DAR File No.: 27981
Filed: 06/02/2005, 11:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This section must be amended because of the passage of H.B. 5005 sponsored by Representative Matt Throckmorton during the 2002 Fifth Special Session. This bill repealed the Consumer Hearing Panel which was not funded during the General Session for fiscal year 2003. (DAR NOTE: H.B. 5005 is found at UT L 2002, 5th Spec. Sess. Ch 6, and was effective 07/23/2002.)

Summary of the rule or change:

The amendment removes all references to the Consumer Hearing Panel.

State statutory or constitutional authorization for this rule:

Sections 62A-4a-102 and 62A-4a-207

Anticipated cost or savings to:

the state budget:

Any savings to the state budget were recognized during the 2002 General Session when funding to the Consumer Hearing Panel was cut. There is no further anticipated cost or savings. The state may incur the cost of retaining their own counsel to represent them at an administrative hearing.

local governments:

There is no cost to local government because this rule does not affect local government. This rule affects individuals who file complaints with the Division, local governments do not participate in this process.

other persons:

Complainants to the Office of the Child Protection Ombudsman who are not satisfied with the findings of that office will no longer be able to appeal to the the Consumer Hearing Panel.

Compliance costs for affected persons:

Complainants to the Office of the Child Protection Ombudsman who are not satisfied with the findings of that office will no longer be able to appeal to the Consumer Hearing Panel. They may incur the cost of retaining their own counsel to represent them at an administrative hearing.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impact on businesses. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Adam F. Trupp at the above address, by phone at 801-538-8258, by FAX at 801-538-3993, or by Internet E-mail at AFTRUPP@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/01/2005

This rule may become effective on:

08/02/2005

Authorized by:

Richard Anderson, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-75. Rules Governing Adjudication of Consumer Complaints.

R512-75-1. Introductory Provisions.

(1) Authority and Purpose.

(a) This rule defines consumer complaint procedures in accordance with Subsection 62A-4a-102(4). These procedures are intended to provide for the prompt and equitable resolution of a consumer complaint filed in accordance with this rule.

(2) Definitions.

(a) The definitions contained in Section 63-46b-2 apply. In addition, the following terms are defined for the purposes of this section:

(i) "Absorbable within the Division's appropriation authority" means those expenditures that fall within the Division's budgetary parameters.

(ii) "Aggrieved Person" or "Complainant" means any person who is alleged to have been adversely affected by an act or omission of the Division or its employees.

(iii) The "Department" means the Department of Human Services.

(iv) The "Director" means the Director of the Division.

(v) The "Division" means the Division of Child and Family Services of the Department of Human Services, including its regional offices.

(vi) "Office of the Child Protection Ombudsman" means the office, separate from the Division of Child and Family Services, designated by the Department to investigate a consumer complaint regarding the Division of Child and Family Services.

(vii) "Ombudsman Service Review Analyst" means the representative from the Office of the Child Protection Ombudsman designated to investigate a consumer complaint.

(viii) "Reasonable time" means the time specified in the action plan.

R512-75-3. Procedures for Filing an Informal Non-adjudicative Complaint With the Office of the Child Protection Ombudsman.

(1) An aggrieved person may file a complaint to decision rendered by a regional office to the Office of the Child Protection Ombudsman, or if the Division is unable to resolve the complaint, it shall be forwarded to the Office of Child Protection Ombudsman according to the requirements of R515-1, Processing Complaints Regarding the Utah Division of Child and Family Services.[

(2) A complaint to the Office of the Child Protection Ombudsman shall be submitted in writing on a form provided by the Office of the Child Protection Ombudsman.

(3) If a consumer complaint indicates an immediate threat to the safety of a child, the Office of the Child Protection Ombudsman shall facilitate an immediate referral to Child Protective Services.

(4) If a consumer complaint indicates no immediate risk to the child, and if there has been no attempt to resolve the problem with the caseworker or the regional director, the complaint shall be referred back to the Division.]

R512-75-4. Compliance with and Appeal of Recommendations of the Office of the Child Protection Ombudsman.

(1) Once OCPO completes an investigation according to the provisions of R515-1 and if recommendations are made to the Division, [T]the Division has ten days to agree with the recommendations[ for the first response to OCPO].

(2) [Appeal by the Division.

]If [T]the Division does not agree with the recommendation, the Division may file an appeal to the recommendations of the Office of the Child Protection Ombudsman within 10 calendars days of receipt of the recommendations from the Office of Child Protection Ombudsman. The appeal shall be filed with the Department Executive Director and request that the recommendations be amended.[ If the Department Executive Director amends a recommendation made by the Office of the Child Protection Ombudsman, the Ombudsman may forward the case to the Consumer Hearing Panel for review. The Office of Child Protection Ombudsman shall notify the aggrieved person in writing of the decision.

(3) DCFS Compliance with the Recommendations of the Office of the Child Protection Ombudsman.

The Division shall have 30 calendar days to provide a status report of the complaint to the Office of Child Protection Ombudsman. The status report shall state the actions taken by the Division to implement the recommendations and shall include an anticipated date of completion.

R512-75-9. Scope and Applicability.

(a) The provisions of this section supersede the provisions of other Division rules which conflict.]

KEY: consumer hearing panel, grievance procedures

[November 18, 2003]2005

Notice of Continuation November 14, 2000

62A-4a-102

63-2-303

63-2-304

63-2-603

63-46b

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Adam F. Trupp at the above address, by phone at 801-538-8258, by FAX at 801-538-3993, or by Internet E-mail at AFTRUPP@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.