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7 LONG TITLE
8 General Description:
9 This bill creates the Disability Ombudsman Program.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates the Disability Ombudsman Program within the Division of Services for
14 People with Disabilities;
15 ▸ creates the powers and duties of the disability ombudsman;
16 ▸ outlines procedures for the investigation of a complaint received by the disability
17 ombudsman; and
18 ▸ requires the disability ombudsman to keep certain materials relating to a complaint
19 or investigation confidential.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 62A-5-501, Utah Code Annotated 1953
27 62A-5-502, Utah Code Annotated 1953
28 62A-5-503, Utah Code Annotated 1953
29 62A-5-504, Utah Code Annotated 1953
30 62A-5-505, Utah Code Annotated 1953
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 62A-5-501 is enacted to read:
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35 62A-5-501. Definitions.
36 As used in this part:
37 (1) "Complaint" means a complaint initiated with the ombudsman identifying a party
38 who has violated the rights and privileges of an individual with a disability.
39 (2) "Complainant" means a person who initiates a complaint.
40 (3) "Disability" means the same as that term is defined in 42 U.S.C. 12102 of the
41 Americans With Disabilities Act of 1990, and 28 C.F.R. 36.105 of the Code of Federal
42 Regulations.
43 (4) "Ombudsman" means the ombudsman appointed under Section 62A-5-502.
44 (5) "Ombudsman program" means the Disability Ombudsman Program created in
45 Section 62A-5-502.
46 (6) "Rights and privileges of an individual with a disability" means the rights and
47 privileges of an individual with a disability described in:
48 (a) Subsections 62A-5b-103(1) through (3); and
49 (b) 42 U.S.C. 12181 through 12189 of the Americans with Disabilities Act of 1990, or
50 28 C.F.R. Part 36 of the Code of Federal Regulations.
51 Section 2. Section 62A-5-502 is enacted to read:
52 62A-5-502. Disability Ombudsman Program -- Creation -- Appointment of
53 ombudsman.
54 (1) There is created within the division the "Disability Ombudsman Program" for the
55 purpose of promoting and advocating for the rights and privileges of an individual with a
56 disability and ensuring that the rights and privileges of an individual with a disability are
57 upheld.
58 (2) The director shall appoint an ombudsman to administer the ombudsman program.
59 (3) In administering the ombudsman program, the ombudsman shall:
60 (a) provide information regarding the role and duties of the ombudsman to individuals
61 and community partners in the state;
62 (b) provide information to private citizens, civic groups, government entities, and other
63 interested parties in the state about the rights and privileges of an individual with a disability;
64 (c) develop a website to provide the information described in Subsections (3)(a) and
65 (b) in a form that is easily accessible;
66 (d) receive and process complaints; and
67 (e) conduct investigations and provide reports and referrals in accordance with this
68 part.
69 Section 3. Section 62A-5-503 is enacted to read:
70 62A-5-503. Powers and duties of ombudsman.
71 (1) The ombudsman shall:
72 (a) develop and maintain expertise in federal and state laws and policies governing
73 rights and privileges of an individual with a disability;
74 (b) establish procedures for and engage in:
75 (i) receiving and processing a complaint;
76 (ii) conducting an investigation in accordance with Section 62A-5-504;
77 (iii) developing a report of findings of an investigation; and
78 (iv) assisting a complainant to resolve the complaint, including referring the
79 complainant to a governmental entity or another individual or entity that has the capacity to
80 resolve the complaint; and
81 (c) cooperate and coordinate with governmental entities and other organizations in the
82 community in exercising the duties under Subsection (1)(b).
83 (2) The ombudsman may:
84 (a) recommend rules to be made in accordance with Title 63G, Chapter 3, Utah
85 Administrative Rulemaking Act, that the ombudsman considers necessary to carry out the
86 purposes of the ombudsman program; and
87 (b) within appropriations from the Legislature, employ staff as may be necessary to
88 carry out the purposes of the ombudsman program and the ombudsman's duties under this part.
89 Section 4. Section 62A-5-504 is enacted to read:
90 62A-5-504. Investigation of complaints -- Procedures.
91 (1) The ombudsman shall investigate each complaint the ombudsman receives.
92 (2) An investigation may include:
93 (a) collecting facts and information over the telephone;
94 (b) holding investigatory hearings; and
95 (c) inspecting the premises of the party named in the complaint.
96 (3) In conducting an investigation, the ombudsman may engage in actions the
97 ombudsman considers appropriate, including:
98 (a) making inquiries and obtaining information and documentation; and
99 (b) entering and inspecting the premises of the party that is named in the complaint
100 without notice to the party, if the ombudsman, or the ombudsman's designee, presents
101 identification as an individual authorized by this part to inspect the premises upon entering the
102 premises.
103 Section 5. Section 62A-5-505 is enacted to read:
104 62A-5-505. Confidentiality of materials relating to complaints or investigations.
105 (1) The ombudsman shall establish procedures to ensure that all materials maintained
106 by the ombudsman program relating to a complaint or an investigation under Section
107 62A-5-504 are disclosed only at the discretion of and under the authority of the ombudsman.
108 (2) The identity of a complainant or a party named in a complaint may not be disclosed
109 by the ombudsman unless:
110 (a) the complainant consents to the disclosure;
111 (b) disclosure is ordered by the court; or
112 (c) the disclosure is approved by the ombudsman and is made, as part of an
113 investigation involving the complainant, to an agency or entity in the community that:
114 (i) has statutory responsibility for the complainant;
115 (ii) has statutory responsibility over the action alleged in the complaint or other party
116 named in the complaint;
117 (iii) is able to assist the ombudsman to resolve the complaint; or
118 (iv) is able to provide expertise that would benefit the complainant.