35A-3-102.  Definitions.
     As used in this chapter:

(1)  “Adjudicative proceeding” has the same meaning as defined in Section 63G-4-103.

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Terms Used In Utah Code 35A-3-102

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Applicant: means a person who requests assistance under this chapter. See Utah Code 35A-3-102
  • Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102
  • Client: means an individual who the department has determined to be eligible for services or benefits under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Director: means the director of the division assigned by the department to administer a program. See Utah Code 35A-3-102
  • Education or training: means education or training in accordance with 29 U. See Utah Code 35A-3-102
  • Employment plan: means a written agreement between the department and a client that describes:
    (a) the relationship between the department and the client;
    (b) the obligations of the department and the client; and
    (c) the result if an obligation is not fulfilled by the department or the client. See Utah Code 35A-1-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Overpayment: includes money paid to a provider under this title in connection with public assistance or another publicly funded assistance program to the extent that the provider receives payment:
    (i) for goods or services not provided; or
    (ii) in excess of the amount to which the provider is entitled. See Utah Code 35A-3-102
  • Parent recipient: means a person who enters into an employment plan with the department to qualify for cash assistance under 3. See Utah Code 35A-3-102
  • Performance goals: means a target level of performance that will be compared to actual performance. See Utah Code 35A-3-102
  • Performance indicators: means actual performance information regarding a program or activity. See Utah Code 35A-3-102
  • 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
  • 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
  • Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102
  • 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
  • state plan: means the state plan submitted to the Secretary of the United States Department of Health and Human Services to receive funding from the United States through the Temporary Assistance for Needy Families Block Grant in accordance with 42 U. See Utah Code 35A-3-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (2)  “Administrative order” means an order issued by the department that addresses an overpayment of public assistance.

    (3)  “Applicant” means a person who requests assistance under this chapter.

    (4)  “Approved self-reliance training” means an educational class, training session, or counseling session:

    (a)  approved by the department;

    (b)  described in Section 35A-3-118; and

    (c)  provided at no cost to a client.

    (5)  “Assignment of support” means the transfer to the state of a recipient‘s right to receive support from another person that accrues during the period the recipient receives public assistance, including a right to receive support on behalf of any family member for whom the recipient is applying for or receiving assistance.

    (6)  “Average monthly number of families” means the average number of families who received cash assistance on a monthly basis during the previous federal fiscal year.

    (7)  “Cash assistance” means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302.

    (8)  “Child care services” means care of a child by a responsible person who is not the child’s parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    (9) 

    (a)  “Civic organization” means an organization that provides services to its community.

    (b)  “Civic organization” includes a community service club or organization, a charitable health care or service organization, a fraternal organization, a labor union, a minority or ethnic organization, a commercial or industrial organization, a commerce or business club, a private nonprofit organization, a private nonprofit corporation that provides funding to a community service organization, an organization that advocates or provides for the needs of persons with low incomes, a religious organization, and an organization that fosters strong neighborhoods and communities.

    (10)  “Core programs” means the following activities as described in 29 U.S.C. Sec. 3102:

    (a)  youth services;

    (b)  adult employment and training services;

    (c)  dislocated worker employment and training services;

    (d)  adult education and literacy activities;

    (e)  employment services; and

    (f)  vocational rehabilitation services.

    (11)  “Court order” means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance.

    (12)  “Date of enrollment” means the date on which the applicant was approved as eligible for cash assistance.

    (13)  “Director” means the director of the division assigned by the department to administer a program.

    (14)  “Diversion” or “diversion payment” means a one-time cash assistance payment under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does not require extended cash assistance under 3.

    (15)  “Education or training” means education or training in accordance with 29 U.S.C. § 3174 and includes:

    (a)  basic remedial education;

    (b)  adult education;

    (c)  high school education;

    (d)  education to obtain the equivalent of a high school diploma;

    (e)  education to learn English as a second language;

    (f)  applied technology training;

    (g)  employment or occupational skills training;

    (h)  on-the-job training;

    (i)  incumbent worker training;

    (j)  programs that combine workplace training with related instruction, which may include cooperative education programs;

    (k)  training programs operated by the private sector;

    (l)  skills upgrading and retraining;

    (m)  entrepreneurial training; or

    (n)  customized training conducted with a commitment by an employer to employ an individual upon successful completion of the training.

    (16)  “Full-time education or training” means training on a full-time basis as defined by the educational institution attended by the parent recipient.

    (17)  “General assistance” means financial assistance provided to a person under 4.

    (18)  “Licensed clinical therapist” means an individual licensed by the state under:

    (a)  2;

    (b)  3;

    (c)  4; or

    (d)  Title 58, Chapter 61, Psychologist Licensing Act.

    (19)  “Notice of agency action” means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201.

    (20)  “Obligor” means an individual:

    (a)  who is liable to the state under Section 35A-3-603 and applicable federal statutes and regulations; or

    (b)  against whom an administrative or judicial order determining overpayment has been obtained.

    (21) 

    (a)  “Overpayment” means money, public assistance, or another item of value provided under a state or federally funded benefit program to a person that is not entitled to receive it or is not entitled to receive it at the level provided.

    (b)  “Overpayment” includes money paid to a provider under this title in connection with public assistance or another publicly funded assistance program to the extent that the provider receives payment:

    (i)  for goods or services not provided; or

    (ii)  in excess of the amount to which the provider is entitled.

    (22)  “Parent recipient” means a person who enters into an employment plan with the department to qualify for cash assistance under 3.

    (23)  “Performance goals” means a target level of performance that will be compared to actual performance.

    (24)  “Performance indicators” means actual performance information regarding a program or activity.

    (25)  “Performance monitoring system” means a process to regularly collect and analyze performance information, including performance indicators and performance goals.

    (26)  “Plan” or “state plan” means the state plan submitted to the Secretary of the United States Department of Health and Human Services to receive funding from the United States through the Temporary Assistance for Needy Families Block Grant in accordance with 42 U.S.C. § 602.

    (27)  “Recipient” means a person who is qualified to receive, is receiving, or has received assistance under this chapter.

    (28)  “Single minor parent” means a person under 18 years of age who is not married and has a minor child in the person’s care and custody.

    (29)  “Transitional cash assistance” means assistance provided to a recipient to stabilize employment and reduce the future use of cash assistance provided under 3.

    Amended by Chapter 105, 2016 General Session
    Amended by Chapter 296, 2016 General Session
    Amended by Chapter 297, 2016 General Session

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