Utah Code 26B-2-107. Administrative inspections

26B-2-107. Administrative inspections.

(1)

Congregate care program: means any of the following that provide services to a child:

(i)	an outdoor youth program;

(ii)	a residential support program;

(iii)

a residential treatment program; or

(iv)

a therapeutic school. See Utah Code 26B-2-101

Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101

Office: means the Office of Licensing within the department. See Utah Code 26B-2-101

Regular business hours: means :

(a)	the hours during which services of any kind are provided to a client; or

(b)	the hours during which a client is present at the facility of a licensee. See Utah Code 26B-2-101
(a)	Subject to Subsection (1)(b), the office may, for the purpose of ascertaining compliance with this part, enter and inspect on a routine basis the facility of a licensee.

(b)

(i)	The office shall enter and inspect a congregate care program at least once each calendar quarter.

(ii)	At least two of the inspections described in Subsection (1)(b)(i) shall be unannounced.

(c)	If another government entity conducts an inspection that is substantially similar to an inspection conducted by the office, the office may conclude the inspection satisfies an inspection described in Subsection (1)(b).

(2)

Before conducting an inspection under Subsection (1), the office shall, after identifying the person in charge:

(a)	give proper identification;

(b)	request to see the applicable license;

(c)	describe the nature and purpose of the inspection; and

(d)	if necessary, explain the authority of the office to conduct the inspection and the penalty for refusing to permit the inspection as provided in Section 26B-2-113.

(3)

In conducting an inspection under Subsection (1), the office may, after meeting the requirements of Subsection (2):

(a)	inspect the physical facilities;

(b)	inspect and copy records and documents;

(c)	interview officers, employees, clients, family members of clients, and others; and

(d)	observe the licensee in operation.

(4)	An inspection conducted under Subsection (1) shall be during regular business hours and may be announced or unannounced.

(5)	The licensee shall make copies of inspection reports available to the public upon request.

(6)	The provisions of this section apply to on-site inspections and do not restrict the office from contacting family members, neighbors, or other individuals, or from seeking information from other sources to determine compliance with this part.

Renumbered and Amended by Chapter 305, 2023 General Session