Section R510-200-7 - De-Designation of Local Area Agencies(1) The office may de-designate a local area agency for any of the following reasons:(a) failure of the local area agency to meet the criteria for designation;(b) existence of a conflict of interest as described in 42 U.S.C. 3058g(f)(2);(c) failure of the local area agency to disclose any conflict of interest described in 42 U.S.C. 3058g(f);(d) a violation of the office's confidentiality requirements described in Section R510-200-19;(e) failure to provide adequate ombudsman program services;(f) failure to fill a vacant local ombudsman entity's position;(g) failure to use funds designated for the ombudsman program for ombudsman program services or as directed by the office;(h) failure to adhere to the terms of the contract for the provision of ombudsman services; or(i) failure to adhere to any other applicable state or federal law or regulation.(2) The office shall send notice of intent to de-designate to the local area agency.(a) The local area agency shall respond in writing within ten business days of receipt of the notice of intent to de-designate. The response shall outline the local area agency's plan to reach compliance with its responsibilities.(b) The office may terminate or amend its contract with the local area agency to provide ombudsman program services after ten business days have passed since the local area agency's receipt of the notice of intent to de-designate.(3) A local area agency may appeal the office's decision to de-designate the local area agency to the division director.(a) An appeal of the office's decision to de-designate a local area agency shall be submitted in writing to the division director within ten business days of the office's final decision for de-designation.(b) An appeal of the office's decision to de-designate a local area agency shall state the following:(i) the stated reason for de-designation;(ii) the local area agency's attempts to correct the reason for de-designation;(iii) the local area agency's explanation for why its attempts to correct the reason for de-designation should qualify it for re-designation.(4) If an appeal of the office's decision to de-designate a local area agency is denied by the division director, the local area agency may appeal the division director's decision to the department's deputy director.(a) An appeal of the division director's decision shall be submitted in writing to the department's deputy director within ten business days of the division director's decision.(b) An appeal of the division director's decision shall state the following: (i) the stated reason for de-designation;(ii) the local area agency's attempts to correct the reason for de-designation; and(iii) the local area agency's explanation for why its attempts to correct the reason for de-designation should qualify it for re-designation.(5) A local area agency may voluntarily withdraw designation as a provider agency.(a) A local area agency shall provide written notice to the office of its intent to voluntarily withdraw designation at least 90 days in advance of the date of relinquishment of designation.(b) A local area agency that provides written notice of its intent to voluntarily withdraw designation shall continue performing ombudsman program services until the date of relinquishment of designation.(6) If a local area agency is in the process of appealing its de-designation or has relinquished its designation, the local area agency shall surrender any equipment or supplies purchased with funds allocated for ombudsman program services. The local area agency shall also surrender the balance of any funds advanced to the local area agency for the provision of ombudsman program services.Utah Admin. Code R510-200-7
Amended by Utah State Bulletin Number 2018-12, effective 5/30/2018Adopted by Utah State Bulletin Number 2022-09, effective 4/12/2022