Utah Code § 35A-1-101
Title
This title is known as the "Utah Workforce Services Code."
Utah Code Title 35A — Utah Workforce Services Code
Utah · statute · Utah Code tit. 35A · 309 active provisions
Utah Code § 35A-1-102
Definitions
Unless otherwise specified, as used in this title: (1) "Client" means an individual who the department has determined to be eligible for services or benefits under: (a) Chapter 3, Employment Support Act; and (b) Chapter 5, Training and Workforce Improvement Act. (2) "Department" means the Department of Workforce Servic…
Utah Code § 35A-1-103
Department of Workforce Services -- Creation -- Seal
(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. (2) For purposes of this title, the department shall have an official seal that shall be judicially noticed.
Utah Code § 35A-1-104
Department authority
Within all other authority or responsibility granted to it by law, the department may: (1) adopt rules when authorized by this title, in accordance with the procedures of Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2) purchase, as authorized or required by law, services that the department is responsible…
Utah Code § 35A-1-104.1
Background checks for employees
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201. (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 bac…
Utah Code § 35A-1-104.5
Other department duties -- Strategic plan for health system reform -- Reporting suspected misuse of a social security number
(1) The department shall work with the Department of Health and Human Services, the Insurance Department, the Governor's Office of Economic Development, and the Legislature to develop the health system reform. (2) In the process of determining an individual's eligibility for a public benefit or service under this title…
Utah Code § 35A-1-105
Department budget -- Reports from divisions
(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 se…
Utah Code § 35A-1-106
Fees
(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. (2) The department shall submit each fee established under this section to the Legislature for its approval as part of…
Utah Code § 35A-1-108
Participants in work experience or training programs funded by the department -- Status -- Receipt of workers' compensation medical benefits
(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…
Utah Code § 35A-1-109
Annual report -- Content -- Format
(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 fi…
Utah Code § 35A-1-111
Certification for adoption tax credit
(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: (a) 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 adopt…
Utah Code § 35A-1-201
Executive director -- Appointment -- Removal -- Compensation -- Qualifications -- Responsibilities -- Deputy directors
(1) (a) 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. (b) The executive director serves at the pleasure of the governor. (c) The executive director shall receive a salary established by the governor within the sa…
Utah Code § 35A-1-202
Divisions -- Creation -- Duties -- Workforce Appeals Board, councils, Child Care Advisory Committee, and economic service areas
(1) There is created within the department the following divisions: (a) the Workforce Development Division to administer the development and implementation of employment assistance programs; (b) the Workforce Research and Analysis Division; (c) the Unemployment Insurance Division to administer Chapter 4, Employment Sec…
Utah Code § 35A-1-203
Executive director -- Jurisdiction over division and economic service area directors -- No jurisdiction over Workforce Appeals Board -- Authority
(1) The executive director has administrative jurisdiction over each division and economic service area. (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 s…
Utah Code § 35A-1-204
Division directors -- Appointment -- Compensation -- Qualifications
(1) (a) 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. (b) 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 execut…
Utah Code § 35A-1-205
Workforce Appeals Board -- Chair -- Appointment -- Compensation -- Qualifications
(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. (2) A panel shall consist of three impartial members appointed by the governor as follows: (a) the board chair, appointed in accordance wit…
Utah Code § 35A-1-206
State Workforce Development Board -- Appointment -- Membership -- Terms of members -- Compensation
(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. (2) The board shall consist of the following members: (a) the governor or the governor's designee; (b) the executive director or…
Utah Code § 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: (1) a four-year strategy, as described in 29 U.S.C. Sec. 3112, for the following core programs: (a) youth services; (b) adult employment and training services; (c) dislocated worker employment and tra…
Utah Code § 35A-1-301
Presiding officers for adjudicative proceedings -- Subpoenas -- Independent judgment -- Consolidation -- Record -- Notice of order
(1) (a) 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. (b) The director of the Division of Adjudication or the dir…
Utah Code § 35A-1-302
Review of administrative order -- Finality of Workforce Appeals Board's order
(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. (2) The order of the Workforce Appeals Board on review is final, unless set aside by…
Utah Code § 35A-1-303
Rulemaking
(1) (a) 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. (b) Except as provided in this title and Title 63G, Chapter 4, Administrative Procedures A…
Utah Code § 35A-1-304
Review authority of the Workforce Appeals Board
(1) (a) 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…
Utah Code § 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.
Utah Code § 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.
Utah Code § 35A-1-307
Scope of part
This part does not apply to adjudication under Chapter 5, Part 1, Job Training Coordination Act.
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