35A-3-604.  Obligor presumed to have notice of department‘s rights — Authority to administer oaths, issue subpoenas, and compel witnesses and production of documents — Recovery of attorney fees, costs, and interest — Rulemaking authority — Administrative procedures.

(1)  An obligor is presumed to have received notice of the rights of the department under this part upon engaging in this state in any of the acts described in Subsections 35A-3-603(3) and (4) or Section 76-8-1203, 76-8-1204, or 76-8-1205.

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Terms Used In Utah Code 35A-3-604

  • 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.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Notice of agency action: means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201. See Utah Code 35A-3-102
  • 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. See Utah Code 35A-3-102
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
    • (2)  For the purposes of this part, the department may administer oaths and certify official acts, issue subpoenas, and compel witnesses and the production of business records, documents, and evidence.

    (3) 

    (a)  Except when an overpayment results from administrative error, the department may recover from the obligor:

    (i)  reasonable attorneys’ fees;

    (ii)  costs incurred in pursuing administrative remedies under this part; and

    (iii)  interest at the rate of 1% a month accruing from the date an administrative or judicial order is issued determining the amount due under this part.

    (b)  The department may recover interest, attorney fees, and costs, if notice of the assessment has been included in a notice of agency action issued in compliance with Title 63G, Chapter 4, Administrative Procedures Act.

    (4)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make, amend, and enforce rules to carry out the provisions of this part.

    (5)  Service of all notices and orders under this part shall comply with:

    (a)  Title 63G, Chapter 4, Administrative Procedures Act;

    (b)  Utah Rules of Civil Procedure; or

    (c)  rules made by the department under this part in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that meet standards required by due process.

    Amended by Chapter 221, 2015 General Session

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