No. 28185 (New Rule): R501-4. Certified Local Inspectors

DAR File No.: 28185
Filed: 08/31/2005, 08:06
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Passage of S.B. 107 during 2005 general session enacts Title 62A-2-108.3 entitled Local Government - Certified Local Inspector - Local Inspection of a residential treatment facility. (DAR NOTE: S.B. 107 is found at UT L 2005 Ch 188, and was effective 05/02/2005.)

 

Summary of the rule or change:

This proposed rule creates the requirements for a certified local inspector, including application, training, designation, inspections, etc.

 

State statutory or constitutional authorization for this rule:

Subsection 62A-2-108.3

 

Anticipated cost or savings to:

the state budget:

There will be some initial cost to the state for training, but potentially it could save the state the cost of several full-time staff, provided that local government officials become certified as Office of Licensing inspectors. Potential savings to state could be up to $100,000 or more depending on the number of inspectors.

 

local governments:

Local governments would incur the costs of having their own officials certified as inspectors for the Office of Licensing. However, this is by choice of the local government. They could assign local inspectors only if they wish to. It is not a mandate. Under Subsection 62A-2-108.3(5)(d), the local government employer of a certified local inspector shall be responsible to pay the certified local inspector for all action taken by the certified local inspector including: conducting the inspection; preparing an inspection report for the office; and participating in training.

 

other persons:

None--There is no anticipated costs to other persons. The cost, if any would only effect the local government as stated above and the state for the initial training.

 

Compliance costs for affected persons:

Subsection 62A-2-108.3(5)(d) ensures that there are no compliance costs for affected persons.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The rule should have no fiscal impact on businesses. Costs shall be born by the Department for training and certification of the local inspectors, and the local government employer shall bear all other costs as listed under "costs to Local government" above. The rule will not require any change in the physical operation of licensee programs and facilities, and does not effect any other businesses. Lisa Michele Church, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Administration, Administrative Services, Licensing
120 N 200 W
SALT LAKE CITY UT 84103-1500

 

Direct questions regarding this rule to:

Jan Bohi at the above address, by phone at 801-538-4153, by FAX at 801-538-4553, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/17/2005

 

This rule may become effective on:

10/18/2005

 

Authorized by:

Ken Stettler, Director

 

 

RULE TEXT

R501. Human Services, Administration, Administrative Services, Licensing.

R501-4. Certified Local Inspectors.

R501-4-1. Authority and Purpose.

1. This rule is authorized by Section 62A-2-108.3.

2. This rule establishes procedures for complying with Section 62A-2-108.3 and for the performance of inspections by a certified local inspector.

 

R501-4-2. Definitions.

1. "Applicant" means a person who has submitted an application to the Department of Human Services Office of Licensing under Section 62A-2-108.3.

2. "Certified local inspector" is defined in Section 62A-2-101.

3. "Conduct" means behavior that may negatively impact an individual's ability to perform the functions of a certified local inspector, including but not limited to dishonesty, discourtesy, aggressiveness, or working while under the influence of drugs or alcohol.

4. "Emergency" means a situation where a reasonable person would conclude there is an on-site imminent risk to the health or safety of any individual.

5. "Local government" is defined in Section 62A-2-101.

6. "Personal communication" means a two-way conversation, and does not include an unanswered voice-mail or e-mail message.

7. "Regular business hours" is defined in Section 62A-2-101.

8. "Residential treatment program" is defined in Section 62A-2-101.

 

R501-4-3. Application for Designation.

1. The governing body of a local government and a local government employee may jointly submit an application to designate or renew the designation of the local government employee as a certified local inspector on a form provided by the Office of Licensing.

a. An application to renew the designation of a certified local inspectorshall be submitted at least thirty days prior to the expiration date of current designation.

2. An initial or renewal certified local inspector application shall be submitted together with:

a. the applicant's background screening application and consent form, and all required identifying information, in accordance with R501-3;

b the applicant's resume, which shall describe the applicant's duties and responsibilities in each position held;

c. the applicant's education and training history;

d. a copy of all complaints received regarding the applicant and the disposition of those complaints, or a letter from the local government confirming that the applicant has received no complaints;

e. three letters of reference describing the applicant's character, demeanor, and interactions with the public; and

f. an acknowledgment signed by the applicant and the governing body of the applicant's local government employer, and approved by the local government attorney, that the local government employer bears sole responsibility for the applicant's salary and expenses, and agrees to indemnify, defend, and hold harmless the Office of Licensing, the Department of Human Services, and the State of Utah for any act or omission of the applicant.

3. A certified local inspector application that is not legible, complete, dated and signed shall be returned to the governing body of the local government without further action.

 

R501-4-4. Training.

1. The Office of Licensing shall offer training for applicants twice annually. All classes shall be held in the Office of Licensing administrative offices in Salt Lake City.

2. An applicant shall submit all required application materials at least ten business days prior to the first day of the training class.

3. An applicant shall read all materials sent from the Office of Licensing prior to the first day of the training class.

4. An applicant shall complete training on the following subjects:

a. Section 62A Chapter 2, Licensure of Programs and Facilities;

b. R501-1, General Provisions;

c. R501-2, Core Rules;

d. R501-4, Certified Local Inspectors;

e. R501-16, Intermediate Secure Treatment Programs for Minors;

f. R501-19, Residential Treatment Programs;

g. the Fourth Amendment to the Constitution of the United States; and

h. inspection procedures.

 

R501-4-5. Local Certified Inspector Designation.

1. The Office of Licensing shall not designate an initial or renewal applicant as a certified local inspector unless:

a. the applicant submits all materials required by the Office of Licensing;

b. the applicant attends and participates in the entire course of training presented by the Office of Licensing;

c. the applicant successfully completes the training presented by the Office of Licensing, as evidenced by the applicant's multiple choice test scores;

d. the background screening of the applicant is approved in accordance with R501-3; and

e. the Office of Licensing determines that, based upon the conduct of the applicant, it is in the public's best interest to designate the applicant as a certified local inspector.

2. A certified local inspector shall comply with

a. Section 62A-2-108.3;

b. R501-4, Certified Local Inspectors;

c. the Fourth Amendment to the Constitution of the United States;

d. inspection procedures; and

e. other applicable local, state, and federal laws.

3. Designation as a certified local inspector shall be revoked if the Office of Licensing determines that, based upon the conduct of the certified local inspector, continued designation is not in the public's best interest.

a. The local government employer of a certified local inspector shall immediately notify the Office of Licensing of any conduct by a certified local inspector that may not be in the public's best interest

4. The local government employer of a certified local inspector shall notify the Office of Licensing of a certified local inspector's change in employment or termination of employment within two business days.

5. The governing body of a new local government employer of a certified local inspector who has changed jobs, that desires that the certified local inspector retains certified local inspector designation, shall submit:

a. an application to designate the local government employee as its certified local inspector on a form provided by the Office of Licensing;

b. the certified local inspector's updated resume;and

c. an acknowledgment signed by the applicant and the governing body of the certified local inspector's new local government employer that the new local government employer bears sole responsibility for the applicant's salary and expenses, and agrees to indemnify, defend, and hold harmless the Office of Licensing, the Department of Human Services, and the State of Utah for any act or omission of the applicant.

d. An otherwise current certified local inspector designation shall be suspended until:

i. all information required by R501-4-5.5 is received by the Office of Licensing;

ii. the Office of Licensing determines whether continued designation of the certified local inspector is in the public's best interest; and

iii. an updated certified local inspector identification is issued.

iv. an updated certified local inspector identification shall expire on the same date as the underlying identification card.

 

R501-4-6. Inspections.

1. A certified local inspector shall visibly display the photo identification card issued by the Office of Licensing at all times while inspecting a licensed residential treatment facility.

2. Except in an emergency, a certified local inspector shall provide prior notice to the Office of Licensing of the certified local inspector's intent to inspect a licensed residential treatment facility, by personal communication with the certified local inspector's assigned licensing specialist contact or the licensing specialist's supervisor.

3. Except in an emergency, a certified local inspector shall obtain permission to inspect a licensed residential treatment facility prior to entering the facility, by personal communication with the certified local inspector's assigned licensing specialist contact or the licensing specialist's supervisor.

4. A certified local inspector shall provide the report required by Section 62A-2-108.3(4)(c) and a copy of all records obtained from a licensed residential treatment facility to the certified local inspector's assigned licensing specialist contact or the licensing specialist's supervisor.

 

R501-4-7. Administrative Hearing.

A notice of agency action that denies an applicant's initial or renewal request to be designated as a certified local inspector shall inform the applicant and the local government employer of their right to request an administrative hearing in accordance with Administrative Rule 497-100 and Section 63-46b-0.5, et seq.

 

KEY: human services, licensing, certified local inspector

2005

62A-2-108 et seq.