35A-1 - Department of Workforce Services
Title 35A > 35A-1
Sections (27)
General Provisions
35A-1-101 - Title.
This title is known as the “Utah Workforce Services Code.”
35A-1-102 - Definitions.
Unless otherwise specified, as used in this title: 35A-1-102(1) “Client” means an individual who the department has determined to be eligible for services or benefits under:Chapter 3, Employment Support Act; andChapter 5, Training and Workforce Improvement Act. 35A-1-102(2) “Department” means the Department of Workforce Services created in Section 35A-1-103. 35A-1-102(3) “Economic service area” means an economic service area established in accordance with Chapter 2, Economic Service Areas. 35A-1-102(4) “Employment assistance” means services or benefits provided by the department under:Chapter 3, Employment Support Act; andChapter 5, Training and Workforce Improvement Act. 35A-1-102(5) “Employment center” is a location in an economic service area where the services provided by an economic service area under Section 35A-2-201 may be accessed by a client. 35A-1-102(6) “Employment counselor” means an individual responsible for developing an employment plan and coordinating the services and benefits under this title in accordance with Chapter 2, Economic Service Areas. 35A-1-102(7) “Employment plan” means a written agreement between the department and a client that describes:the relationship between the department and the client;the obligations of the department and the client; andthe result if an obligation is not fulfilled by the department or the client. 35A-1-102(8) “Executive director” means the executive director of the department appointed under Section 35A-1-201. 35A-1-102(9) “Government entity” means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, an institution of higher education as defined in Section 53H-1-101, or a local education agency as defined in Section 53G-7-401. 35A-1-102(10) “Public assistance” means:services or benefits provided under Chapter 3, Employment Support Act;medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;SNAP benefits; andany other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. 35A-1-102(11) “SNAP” means the federal “Supplemental Nutrition Assistance Program” under Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the federal Food Stamp Program. 35A-1-102(12) “SNAP benefit” or “SNAP benefits” means a financial benefit, coupon, or privilege available under SNAP. 35A-1-102(13) “Stabilization” means addressing the basic living, family care, and social or psychological needs of the client so that the client may take advantage of training or employment opportunities provided under this title or through other agencies or institutions. 35A-1-102(14) “Vulnerable populations” means children or adults with a life situation that substantially affects that individual’s ability to:provide personal protection;provide necessities such as food, shelter, clothing, or mental or other health care;obtain services necessary for health, safety, or welfare;carry out the activities of daily living;manage the adult’s own financial resources; orcomprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.
35A-1-103 - Department of Workforce Services — Creation — Seal.
35A-1-103(1) There is created the Department of Workforce Services, which has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities outlined in this title. 35A-1-103(2) For purposes of this title, the department shall have an official seal that shall be judicially noticed.
35A-1-104 - Department authority.
Within all other authority or responsibility granted to it by law, the department may: 35A-1-104(1) adopt rules when authorized by this title, in accordance with the procedures of Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 35A-1-104(2) purchase, as authorized or required by law, services that the department is responsible to provide for legally eligible persons; 35A-1-104(3) conduct adjudicative proceedings in accordance with the procedures of Title 63G, Chapter 4, Administrative Procedures Act; 35A-1-104(4) establish eligibility standards for department programs, not inconsistent with state or federal law or regulations; 35A-1-104(5) take necessary steps, including legal action, to recover money or the monetary value of services provided to a recipient who is not eligible; 35A-1-104(6) administer oaths, certify to official acts, issue subpoenas to compel witnesses and the production of books, accounts, documents, and other records necessary as evidence; 35A-1-104(7) acquire, manage, and dispose of any real or personal property needed or owned by the department, not inconsistent with state law; 35A-1-104(8) receive gifts, grants, devises, and donations or their proceeds, crediting the program designated by the donor, and using the gift, grant, devise, or donation for the purposes requested by the donor, as long as the request conforms to state and federal policy; 35A-1-104(9) accept and employ volunteer labor or services; 35A-1-104(10) reimburse volunteers for necessary expenses, when the department considers that reimbursement to be appropriate; 35A-1-104(11) carry out the responsibility assigned by the State Workforce Services Plan developed by the State Workforce Development Board; 35A-1-104(12) provide training and educational opportunities for the department’s staff; and ensure that any training or educational opportunity described in Subsection (12)(a) complies with Title 63G, Chapter 22, State Training and Certification Requirements; 35A-1-104(13) examine and audit the expenditures of any public funds provided to a local authority, agency, or organization that contracts with or receives funds from those authorities or agencies; 35A-1-104(14) accept and administer grants from the federal government and from other sources, public or private; 35A-1-104(15) employ and determine the compensation of clerical, legal, technical, investigative, and other employees necessary to carry out the department’s policymaking, regulatory, and enforcement powers, rights, duties, and responsibilities under this title; 35A-1-104(16) establish and conduct free employment agencies, and bring together employers seeking employees and working people seeking employment, and make known the opportunities for employment in this state; 35A-1-104(17) collect, collate, and publish statistical and other information relating to employees, employers, employments, and places of employment, and other statistics as the department considers proper; 35A-1-104(18) encourage the expansion and use of apprenticeship programs meeting state or federal standards for apprenticeship programs; 35A-1-104(19) develop processes to ensure that the department responds to the full range of employee and employer clients; and 35A-1-104(20) carry out the responsibilities assigned to the department by statute.
35A-1-104.1 - Background checks for employees.
35A-1-104.1(1) As used in this section, “bureau” means the Bureau of Criminal Identification created in Section 53-10-201. 35A-1-104.1(2) Beginning July 1, 2018, the department may require current employees in, and all applicants for, the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment:
employees that access or may access federal tax information; and employees serving or interacting with vulnerable populations as defined in Section 35A-1-102. 35A-1-104.1(3) Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request. 35A-1-104.1(4) The department shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the department that meets the requirements of Subsection 53-10-108(4). 35A-1-104.1(5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the department shall submit to the bureau:
the applicant’s personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and a request for all information received as a result of the local, regional, and nationwide background check. 35A-1-104.1(6) The department is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau. 35A-1-104.1(7) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
determine how the department will assess the employment status of an individual upon receipt of background information; and identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).
35A-1-104.5 - Other department duties — Strategic plan for health system reform — Reporting suspected misuse of a Social Security number.
35A-1-104.5(1) The department shall work with the Department of Health, the Insurance Department, the Governor’s Office of Economic Opportunity, and the Legislature to develop the health system reform. 35A-1-104.5(2) In the process of determining an individual’s eligibility for a public benefit or service under this title or under federal law, if the department determines that a valid social security number is being used by an unauthorized individual, the department shall:
inform the individual who the department determines to be the likely actual owner of the social security number or, if the likely actual owner is a minor, the minor’s parent or guardian, of the suspected misuse; and subject to federal law, provide information of the suspected misuse to an appropriate law enforcement agency responsible for investigating identity fraud. 35A-1-104.5(3) If the department learns or determines that providing information under Subsection (2)(b) is prohibited by federal law, the department shall notify the Legislative Management Committee.
35A-1-105 - Department budget — Reports from divisions.
35A-1-105(1) The department shall prepare and submit to the governor for inclusion in the governor’s budget to be submitted to the Legislature, a budget of the department’s financial requirements needed to carry out its responsibilities as provided by law during the fiscal year following the Legislature’s next annual general session. 35A-1-105(2) The executive director shall require a report from each of the divisions and offices of the department, to aid in preparation of the departmental budget.
35A-1-106 - Fees.
35A-1-106(1) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department by following the procedures and requirements of Section 63J-1-504. 35A-1-106(2) The department shall submit each fee established under this section to the Legislature for its approval as part of the department’s annual appropriations request.
35A-1-108 - Participants in work experience or training programs funded by the department — Status — Receipt of workers’ compensation medical benefits.
35A-1-108(1) A client or applicant who is directed to participate in a work experience or training program funded by the department is considered to be a volunteer government worker of the department, as provided in Title 67, Chapter 20, Volunteer Government Workers Act, solely for the purpose of receiving workers’ compensation medical benefits. 35A-1-108(2) Receipt of medical benefits by a client or applicant under Subsection (1) is the exclusive remedy against the agency and the cooperating employer for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers’ Compensation Act, and Chapter 3, Utah Occupational Disease Act.
35A-1-109 - Annual report — Content — Format.
35A-1-109(1) The department shall prepare and submit to the governor and the Legislature, by October 1 of each year, an annual written report of the operations, activities, programs, and services of the department, including the department’s divisions, offices, boards, commissions, councils, and committees, for the preceding fiscal year. 35A-1-109(2) For each operation, activity, program, or service provided by the department, the annual report shall include:a description of the operation, activity, program, or service;data and metrics:selected and used by the department to measure progress, performance, effectiveness, and scope of the operation, activity, program, or service, including summary data; andthat are consistent and comparable for each state operation, activity, program, or service that primarily involves employment training or placement as determined by the executive director, the commissioner of higher education, and the executive director of the Governor’s Office of Planning and Budget;budget data, including the amount and source of funding, expenses, and allocation of full-time employees for the operation, activity, program, or service;historical data from previous years for comparison with data reported under Subsections (2)(b) and (c);goals, challenges, and achievements related to the operation, activity, program, or service;relevant federal and state statutory references and requirements;contact information of officials knowledgeable and responsible for each operation, activity, program, or service; andother information determined by the department that:may be needed, useful, or of historical significance; orpromotes accountability and transparency for each operation, activity, program, or service with the public and elected officials. 35A-1-109(3) The annual report shall be designed to provide clear, accurate, and accessible information to the public, the governor, and the Legislature. 35A-1-109(4) The department shall:submit the annual report in accordance with Section 68-3-14;make the annual report, and previous annual reports, accessible to the public by placing a link to the reports on the department’s website; andprovide the data and metrics described in Subsection (2)(b) to the Talent, Education, and Industry Alignment Board created in Section 53H-13-302.
35A-1-111 - Certification for adoption tax credit.
35A-1-111(1) An individual who seeks to claim a tax credit under Section 59-10-1046 or 59-10-1114 shall apply to the department for a certification that:
the individual did not receive any state or federal assistance described in Subsection 59-10-1046(1)(e)(ii)(A), (B), (C), or (D) during the taxable year in which the adoption is finalized; and the individual finalized an adoption during the taxable year for which the individual applies for a certification. 35A-1-111(2) An individual who applies for a certification under this section shall sign an information release authorizing the department to disclose the individual’s name and identifying information to the State Tax Commission in accordance with Subsection (5). 35A-1-111(3) The department shall issue the certification on a form approved by the State Tax Commission. 35A-1-111(4) An individual who receives a certification under this section shall retain the certification for the same time period a person is required to keep books and records under Section 59-1-1406. 35A-1-111(5) The department shall provide the State Tax Commission with an electronic report stating the name and identifying information of each individual to whom the department issued a certification under this section for the taxable year. The department shall provide the report described in Subsection (5)(a) on or before January 31 of the year following the year in which the department issued the certifications.
Organization
35A-1-201 - Executive director — Appointment — Removal — Compensation — Qualifications — Responsibilities — Deputy directors.
35A-1-201(1) The chief administrative officer of the department is the executive director, who is appointed by the governor with the advice and consent of the Senate. The executive director serves at the pleasure of the governor. The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation. The executive director shall be experienced in administration, management, and coordination of complex organizations. 35A-1-201(2) The executive director shall:
administer and supervise the department in compliance with Title 63A, Chapter 17, Utah State Personnel Management Act; supervise and coordinate between the economic service areas and directors created under Chapter 2, Economic Service Areas; coordinate policies and program activities conducted through the divisions and economic service areas of the department; approve the proposed budget of each division, the Workforce Appeals Board, and each economic service area within the department; approve all applications for federal grants or assistance in support of any department program; coordinate with the executive directors of the Governor’s Office of Economic Opportunity and the Governor’s Office of Planning and Budget to review data and metrics to be reported to the Legislature as described in Subsection 35A-1-109(2)(b); and fulfill such other duties as assigned by the Legislature or as assigned by the governor that are not inconsistent with this title. 35A-1-201(3) The executive director may appoint deputy or assistant directors to assist the executive director in carrying out the department’s responsibilities. 35A-1-201(4) The executive director shall at least annually provide for the sharing of information between the advisory councils established under this title.
35A-1-202 - Divisions — Creation — Duties — Workforce Appeals Board, councils, Child Care Advisory Committee, and economic service areas.
35A-1-202(1) There is created within the department the following divisions:the Workforce Development Division to administer the development and implementation of employment assistance programs;the Workforce Research and Analysis Division;the Unemployment Insurance Division to administer Chapter 4, Employment Security Act;the Eligibility Services Division to administer public assistance eligibility;the Division of Adjudication to adjudicate claims or actions in accordance with this title;the Housing and Community Development Division, which is described in Sections 35A-8-201 and 35A-8-202;the Utah State Office of Rehabilitation, which is described in Section 35A-13-103;the Office of Homeless Services, which is described in Section 35A-16-202;the Office of Child Care, which is described in Sections 35A-3-202 and 35A-3-203; andthe Refugee Services Office, which is described in Chapter 3, Part 8, Refugee Services. 35A-1-202(2) In addition to the divisions created under Subsection (1), within the department are the following:the Workforce Appeals Board created in Section 35A-1-205;the State Workforce Development Board created in Section 35A-1-206;the Employment Advisory Council created in Section 35A-4-502;the Child Care Advisory Committee created in Section 35A-3-205; andthe economic service areas created in accordance with Chapter 2, Economic Service Areas.
35A-1-203 - Executive director — Jurisdiction over division and economic service area directors — No jurisdiction over Workforce Appeals Board — Authority.
35A-1-203(1) The executive director has administrative jurisdiction over each division and economic service area. 35A-1-203(2) To effectuate greater statewide efficiency and local flexibility in the implementation of programs, the executive director shall coordinate with the directors of the divisions and the directors of the economic service areas. 35A-1-203(3) To effectuate greater efficiency and economy in the operations of the department, the executive director may:
make changes in personnel and service functions in the divisions and economic service areas under the executive director’s administrative jurisdiction; and authorize designees to perform appropriate responsibilities. 35A-1-203(4) The executive director has no jurisdiction over the Workforce Appeals Board except as provided in Subsection (4)(b). The executive director shall: approve the budget of the Workforce Appeals Board; provide the necessary staff support to the Workforce Appeals Board; and make rules necessary for the operations of the Workforce Appeals Board and the efficiency of the adjudicative process as a whole in accordance with Section 35A-1-303. 35A-1-203(5) To facilitate management of the department, the executive director may establish offices necessary to implement this title or to perform functions such as budgeting, planning, data processing, and personnel administration.
35A-1-204 - Division directors — Appointment — Compensation — Qualifications.
35A-1-204(1) The chief officer of each division within the department shall be a director, who shall serve as the executive and administrative head of the division. 35A-1-204(2) A director shall be appointed by the executive director with the concurrence of the governor and may be removed from that position at the will of the executive director. 35A-1-204(3) A director of a division shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act. 35A-1-204(4) A director of a division shall be experienced in administration and possess such additional qualifications as determined by the executive director. In addition to the requirements of Subsection (4)(a), the director of the Division of Adjudication shall be admitted to the practice of law in Utah.
35A-1-205 - Workforce Appeals Board — Chair — Appointment — Compensation — Qualifications.
35A-1-205(1) There is created the Workforce Appeals Board within the department consisting of one or more panels to hear and decide appeals from the decision of an administrative law judge. 35A-1-205(2) A panel shall consist of three impartial members appointed by the governor as follows:the board chair, appointed in accordance with Subsection (5);one member appointed to represent employers; and in making this appointment, the governor shall consider nominations from employer organizations; andone member appointed to represent employees; and in making this appointment, the governor shall consider nominations from employee organizations. 35A-1-205(3) The term of a member shall be six years beginning on March 1 of the year the member is appointed, except as otherwise provided in Subsection (3)(a)(ii).The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members are staggered so that approximately one third of the members are appointed every two years.When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.The governor may remove a member for inefficiency, neglect of duty, malfeasance or misfeasance in office, or other good and sufficient cause.A member shall hold office until a successor is appointed and has qualified. 35A-1-205(4) Except as provided in Subsection (4)(b), a member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.The member appointed as board chair in accordance with Subsection (5) shall be compensated at an hourly rate determined by the Division of Human Resource Management in accordance with Title 63A, Chapter 17, Utah State Personnel Management Act. 35A-1-205(5) The chief officer of the board shall be the chair, who shall serve as the executive and administrative head of the board.The chair shall be appointed by the governor to represent the public and may be removed from that position at the will of the governor.The chair shall be experienced in administration and possess any additional qualifications determined by the governor. 35A-1-205(6) The chair shall designate an alternate from a panel appointed under this section:in the absence of a regular member or the chair; orif the regular member or the chair has a conflict of interest.Each case shall be decided by a full three-member panel. 35A-1-205(7) The department shall provide the Workforce Appeals Board necessary staff support, except, the board may employ, retain, or appoint legal counsel.
35A-1-206 - State Workforce Development Board — Appointment — Membership — Terms of members — Compensation.
35A-1-206(1) There is created within the department the State Workforce Development Board in accordance with the provisions of the Workforce Innovation and Opportunity Act, 29 U.S.C. Sec. 3101 et seq. 35A-1-206(2) The board shall consist of the following members:the governor or the governor’s designee;the executive director or the executive director’s designee;the executive director of the Department of Health and Human Services or the executive director’s designee;the director of the Utah State Office of Rehabilitation or the director’s designee;the state superintendent of public instruction or the superintendent’s designee;the commissioner of higher education or the commissioner’s designee;the executive director of the Governor’s Office of Economic Opportunity or the executive director’s designee;the executive director of the Department of Veterans and Military Affairs or the executive director’s designee; andthe following members appointed by the governor:20 representatives of business in the state, selected among the following:owners of businesses, chief executive or operating officers of businesses, or other business executives or employers with policymaking or hiring authority;representatives of businesses, including small businesses, that provide employment opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the state; andrepresentatives of businesses appointed from among individuals nominated by state business organizations or business trade associations;six representatives of the workforce within the state, which:shall include at least two representatives of labor organizations who have been nominated by state labor federations;shall include at least one representative from a registered apprentice program;may include one or more representatives from a community-based organization that has demonstrated experience and expertise in addressing the employment, training, or educational needs of individuals with barriers to employment; andmay include one or more representatives from an organization that has demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including organizations that serve out of school youth; andtwo elected officials that represent a city or a county. 35A-1-206(3) The governor shall appoint one of the appointed business representatives as chair of the board.The chair shall serve at the pleasure of the governor. 35A-1-206(4) The governor shall ensure that members appointed to the board represent diverse geographic areas of the state, including urban, suburban, and rural areas.A member appointed by the governor shall serve a term of four years and may be reappointed to one additional term.A member shall continue to serve until the member’s successor has been appointed and qualified.Except as provided in Subsection (4)(e), as terms of board members expire, the governor shall appoint each new member or reappointed member to a four-year term.Notwithstanding the requirements of Subsection (4)(d), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately one half of the board is appointed every two years.When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.The executive director shall terminate the term of any governor-appointed member of the board if the member leaves the position that qualified the member for the appointment. 35A-1-206(5) A majority of members constitutes a quorum for the transaction of business. 35A-1-206(6) A member of the board may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses as allowed in:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107. 35A-1-206(7) The department shall provide staff and administrative support to the board at the direction of the executive director. 35A-1-206(8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec. 3111, including:identifying opportunities to align initiatives in education, training, workforce development, and economic development;developing and implementing the state workforce services plan described in Section 35A-1-207;utilizing strategic partners to ensure the needs of industry are met, including the development of expanded strategies for partnerships for in-demand occupations and understanding and adapting to economic changes;developing strategies for staff training;developing and improving employment centers; andperforming other responsibilities within the scope of workforce services as requested by:the Legislature;the governor; orthe executive director.
35A-1-207 - State workforce services plan — Economic service area plans.
The State Workforce Development Board shall annually maintain and update a state workforce services plan that includes: 35A-1-207(1) a four-year strategy, as described in 29 U.S.C. Sec. 3112, for the following core programs:
youth services; adult employment and training services; dislocated worker employment and training services; adult education and literacy activities; employment services; and vocational rehabilitation services; 35A-1-207(2) a strategy for aligning and coordinating the core programs; 35A-1-207(3) a strategy for coordinating the workforce needs of job seekers and employers in the various regions of the state; 35A-1-207(4) planning to ensure that employment centers address the requirements of the special employment needs population, including:
individuals who have special employment needs based on factors such as race, gender, age, disability, economic status, education, language skills, or work history; and an “individual with a barrier to employment” as that term is defined in 29 U.S.C. Sec. 3102; 35A-1-207(5) a mechanism for getting consumer and public feedback on department programs; 35A-1-207(6) projected analysis of the workforce needs of employers and clients; 35A-1-207(7) state outcome-based standards for measuring program performance to ensure equitable service to all clients; 35A-1-207(8) strategies to ensure program responsiveness, universal access, and unified case management; 35A-1-207(9) strategies to eliminate unnecessary barriers to access services; and 35A-1-207(10) strategies to provide assistance to employees facing employment dislocation and their employers.
Adjudicative Proceedings
35A-1-301 - Presiding officers for adjudicative proceedings — Subpoenas — Independent judgment — Consolidation — Record — Notice of order.
35A-1-301(1) The executive director shall authorize the Division of Adjudication to call, assign a presiding officer, and conduct hearings and adjudicative proceedings when an application for a proceeding is filed with the Division of Adjudication under this title. The director of the Division of Adjudication or the director’s designee may issue subpoenas. Failure to respond to a properly issued subpoena may result in a contempt citation and offenders may be punished as provided in Section 78B-6-313. Witnesses subpoenaed under this section are allowed fees as provided by law for witnesses in the district court of the state. The fees shall be paid as follows: The witness fees shall be paid by the state unless the witness is subpoenaed at the instance of a party other than the department. Notwithstanding Subsection (1)(c)(i), if the subpoena is issued under Chapter 4, Employment Security Act, the fees are part of the expense of administering that chapter. A presiding officer assigned under this section may not participate in any case in which the presiding officer is an interested party. Each decision of a presiding officer shall represent the presiding officer’s independent judgment. 35A-1-301(2) In the judgment of the presiding officer having jurisdiction of the proceedings the consolidation would not be prejudicial to any party, when the same or substantially similar evidence is relevant and material to the matters in issue in more than one proceeding:
the presiding officer may fix the same time and place for considering each matter; jointly conduct hearings; make a single record of the proceedings; and consider evidence introduced with respect to one proceeding as introduced in the others. 35A-1-301(3) The director shall keep a full and complete record of all adjudicative proceedings in connection with a disputed matter. All testimony at any hearing shall be recorded but need not be transcribed unless the disputed matter is appealed. If a party requests transcription, the transcription shall be provided at the party’s expense. All records on appeals shall be maintained in the offices of the Division of Adjudication. The records shall include an appeal docket showing the receipt and disposition of the appeals. 35A-1-301(4) A party in interest shall be given notice of the entry of a presiding officer’s order or any order or award of the department. The mailing of the copy of the order or award to the last-known address in the files of the department of a party in interest and to the attorneys or agents of record in the case, if any, is considered to be notice of the order. 35A-1-301(5) In any formal adjudication proceeding, the presiding officer may take any action permitted under Section 63G-4-206.
35A-1-302 - Review of administrative order — Finality of Workforce Appeals Board’s order.
35A-1-302(1) An order entered by an administrative law judge under this title is the final decision of the department unless a further appeal is initiated under this title and in accordance with the rules of the department governing the review. 35A-1-302(2) The order of the Workforce Appeals Board on review is final, unless set aside by the court of appeals. 35A-1-302(3) If an order is appealed to the court of appeals after the party appealing the order has exhausted all administrative appeals, the court of appeals has jurisdiction to review, reverse, or annul any order of the Workforce Appeals Board, or to suspend or delay the operation or execution of the order of the Workforce Appeals Board being appealed.
35A-1-303 - Rulemaking.
35A-1-303(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules governing adjudicative procedures including the forms of notices and the manner of serving notice in all claims. Except as provided in this title and Title 63G, Chapter 4, Administrative Procedures Act, the rules made under this section are not required to conform to common law or statutory rules of evidence or other technical rules of procedure. 35A-1-303(2) The rules made under this section shall include procedures to dispose of cases informally, or to expedite claims adjudication, narrow issues, and simplify the methods of proof at hearings. 35A-1-303(3) Any rule made concerning proceedings before the Workforce Appeals Board shall be made in consultation with the Workforce Appeals Board.
35A-1-304 - Review authority of the Workforce Appeals Board.
35A-1-304(1) In accordance with this title and Title 63G, Chapter 4, Administrative Procedures Act, the Workforce Appeals Board may allow an appeal from a decision of an administrative law judge from a formal adjudicative proceeding if a motion for review is filed with the Division of Adjudication within the designated time by any party entitled to the notice of the administrative law judge’s decision. An appeal filed by the party shall be allowed as of right if the decision of the administrative law judge did not affirm the department’s prior decision. If the Workforce Appeals Board denies an application for appeal from the decision of an administrative law judge, the decision of the administrative law judge is considered a decision of the Workforce Appeals Board for purposes of judicial review and is subject to judicial review if further appeal is initiated under this title. 35A-1-304(2) On appeal, the Workforce Appeals Board may on the basis of the evidence previously submitted in the case, or upon the basis of any additional evidence it requires:
affirm the decision of the administrative law judge; modify the decision of the administrative law judge; or reverse the findings, conclusions, and decision of the administrative law judge. 35A-1-304(3) The Workforce Appeals Board shall promptly notify the parties to any proceedings before it of its decision, including its findings and conclusions, and the decision is a final order of the department unless within 30 days after the date the decision of the Workforce Appeals Board is issued, further appeal is initiated under this title.
35A-1-305 - Independence of Workforce Appeals Board.
A member of the Workforce Appeals Board may not participate in any case in which the member is an interested party. Each decision of a member of the Workforce Appeals Board shall represent the member’s independent judgment.
35A-1-306 - Electronic or similar methods.
The department may by rule permit hearings or other adjudicative hearings to be conducted, recorded, or published by means of electronic devices or other similar methods.
35A-1-307 - Scope of part.
This part does not apply to adjudication under Chapter 5, Part 1, Job Training Coordination Act .
Reserved
Assistance Fraud
35A-1-501 - Legal representation of department.
At the request of the department, it is the duty of the county attorney or district attorney, as appropriate under Sections 17-68-302 and 17-68-303 , and the attorney general to represent the department in any legal action taken under this part, Chapter 3, Employment Support Act , or under Title 76, Chapter 8, Part 12, Public Assistance Fraud .
35A-1-503 - Evidence in legal actions.
35A-1-503(1) In any civil action pursuant to this part or criminal action pursuant to Title 76, Chapter 8, Part 12, Public Assistance Fraud:
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; 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 the value of the benefits received shall be based on the ordinary and usual charge for similar benefits in the private sector. 35A-1-503(2) 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. 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.