35A-1-104.  Department authority.
     Within all other authority or responsibility granted to it by law, the department may:

(1)  adopt rules when authorized by this title, in accordance with the procedures of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

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Terms Used In Utah Code 35A-1-104

  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Devise: To gift property by will.
  • Donor: The person who makes a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
(2)  purchase, as authorized or required by law, services that the department is responsible to provide for legally eligible persons;

(3)  conduct adjudicative proceedings in accordance with the procedures of Title 63G, Chapter 4, Administrative Procedures Act;

(4)  establish eligibility standards for department programs, not inconsistent with state or federal law or regulations;

(5)  take necessary steps, including legal action, to recover money or the monetary value of services provided to a recipient who is not eligible;

(6)  administer oaths, certify to official acts, issue subpoenas to compel witnesses and the production of books, accounts, documents, and other records necessary as evidence;

(7)  acquire, manage, and dispose of any real or personal property needed or owned by the department, not inconsistent with state law;

(8)  receive gifts, grants, devises, and donations or their proceeds, crediting the program designated by the donor, and using the gift, grant, devise, or donation for the purposes requested by the donor, as long as the request conforms to state and federal policy;

(9)  accept and employ volunteer labor or services;

(10)  reimburse volunteers for necessary expenses, when the department considers that reimbursement to be appropriate;

(11)  carry out the responsibility assigned by the State Workforce Services Plan developed by the State Workforce Development Board;

(12) 

(a)  provide training and educational opportunities for the department’s staff; and

(b)  ensure that any training or educational opportunity described in Subsection (12)(a) complies with Title 63G, Chapter 22, State Training and Certification Requirements;

(13)  examine and audit the expenditures of any public funds provided to a local authority, agency, or organization that contracts with or receives funds from those authorities or agencies;

(14)  accept and administer grants from the federal government and from other sources, public or private;

(15)  employ and determine the compensation of clerical, legal, technical, investigative, and other employees necessary to carry out the department’s policymaking, regulatory, and enforcement powers, rights, duties, and responsibilities under this title;

(16)  establish and conduct free employment agencies, and bring together employers seeking employees and working people seeking employment, and make known the opportunities for employment in this state;

(17)  collect, collate, and publish statistical and other information relating to employees, employers, employments, and places of employment, and other statistics as the department considers proper;

(18)  encourage the expansion and use of apprenticeship programs meeting state or federal standards for apprenticeship programs;

(19)  develop processes to ensure that the department responds to the full range of employee and employer clients; and

(20)  carry out the responsibilities assigned to the department by statute.

Amended by Chapter 29, 2020 General Session