35A-16-1002. Homeless services provider ombudsman -- Powers and duties -- Reporting requirements.

597 words·~3 min read·/ut/title-35a/chapter-16/35a-16-1002

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Effective 5/7/2025

(1)The ombudsman shall:

(a)provide training and information to public agencies, private entities, individuals, service providers, and other interested parties across the state regarding:

(i)the role and duties of the ombudsman;

(ii)the rights and privileges of an individual experiencing homelessness;

(iii)services available in the state to an individual experiencing homelessness; and

(iv)how to submit a complaint; and

(b)develop a website to provide the information described in this Subsection

(1)in a form that is easily accessible.

(2)The ombudsman may:

(a)decline to investigate a complaint or continue an investigation of a complaint;

(b)conduct an investigation on the ombudsman's own initiative;

(c)conduct further investigation upon the request of the complainant; or

(d)recommend that a complainant pursue other available remedies before pursuing a complaint with the ombudsman.

(a)A service provider shall display an ombudsman program information poster containing the information described in Subsection

(1)in a location that is easily visible to all clients, volunteers, and staff members.

(b)The office is responsible for providing the posters, which shall include a phone number and a link to the website described in Subsection (1)(b) .

(4)After the ombudsman receives a complaint, the ombudsman shall notify the complainant and the office:

(a)whether the ombudsman will investigate the complaint; and

(b)if the ombudsman decides not to investigate the complaint, the reason for the decision.

(a)If the ombudsman decides to investigate a complaint, the ombudsman shall determine whether a service provider's act or omission with respect to a particular client:

(i)is contrary to state or federal law;

(ii)places a client's health or safety at risk;

(iii)is made without an adequate statement of reason; or

(iv)is based on irrelevant, immaterial, or erroneous grounds.

(b)If the ombudsman determines, after completing the investigation described in Subsection

(5)(a), that a service provider's act or omission violates state or federal law, the ombudsman shall:

(i)prepare a written report of the findings and recommendations, as described in Subsection (6), if any, of each investigation;

(ii)provide a copy of the report to the claimant; and

(iii)provide a copy of the report and recommendations, if any, to the office and the appropriate county or district attorney or the attorney general.

(6)The ombudsman may make recommendations to the office to consider:

(a)policies or procedures that may need to be addressed, modified, or canceled; or

(b)any other recommendations necessary to carry out the purposes of this part.

(a)On or before October 1 of each year, the ombudsman shall provide a written report to the office for inclusion in the office's annual report described in Section 35A-16-208 .

(b)The written report shall include:

(i)the total number of complaints filed with the ombudsman;

(ii)the number of complaints the ombudsman investigated;

(iii)reoccurring themes among complaints, if any; and

(iv)any recommendations described in Subsection (6).

(a)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules to implement this part.

(b)The rules described in Subsection (8)(a) shall include a maximum time within which the ombudsman is required to respond to and complete an investigation of a complaint under Subsections

(4)and (5).

(9)Subsection (2)(d) does not prevent a complainant from making a complaint directly with the ombudsman before pursuing any other available remedies provided for in state or federal law.

Enacted by Chapter 422 , 2025 General Session