(1)  In any civil action pursuant to this part or criminal action pursuant to 12:

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Terms Used In Utah Code 35A-1-503

  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Public assistance: means :
(a) services or benefits provided under Chapter 3, Employment Support Act;
(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;
(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
(d) SNAP benefits; and
(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102
  • 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
    • (a)  a fund transfer or payment instrument made to the order of a party shall constitute prima facie evidence that such party received cash assistance under Chapter 3, Employment Support Act, from the state;

    (b)  all of the records in the custody of the department relating to the application for, verification of, issuance of, receipt of, and use of public assistance shall constitute business records within the meaning of the exceptions to the hearsay rule of evidence; and

    (c)  the value of the benefits received shall be based on the ordinary and usual charge for similar benefits in the private sector.

    (2) 

    (a)  A conviction or a guilty plea on a misdemeanor or felony charge of public assistance fraud is admissible in a civil action brought under this part.

    (b)  Subsection (2)(a) may not be construed to limit the right to use a conviction or guilty plea in any manner permitted by law or court rule.

    Amended by Chapter 132, 1999 General Session

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