26B-6-704.  Investigation of complaints — Procedures — Rulemaking.

(1)  Except as provided in Subsection (3), the ombudsman shall, upon receipt of a complaint, investigate the complaint.

Terms Used In Utah Code 26B-6-704

  • Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701
  • Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
  • Ombudsman: means the ombudsman appointed in Section 26B-6-702. See Utah Code 26B-6-701
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(2)  An ombudsman’s investigation of a complaint may include:

(a)  a referral to a governmental entity or other services;

(b)  the collection of facts, information, or documentation;

(c)  holding an investigatory hearing; or

(d)  an inspection of the premises of the person named in the complaint.

(3) 

(a)  The ombudsman may decline to investigate a complaint.

(b)  If the ombudsman declines to investigate a complaint, the ombudsman shall notify the complainant and the division of the declination.

(4)  The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that govern the ombudsman’s process for:

(a)  receiving and processing complaints; and

(b)  conducting an investigation in accordance with this section.

Renumbered and Amended by Chapter 308, 2023 General Session