R497-100-2. Definitions

  The terms used in this rule are defined in Section 63G-4-103. In addition,

  (1) For the purpose of this Rule, "agency" means the Department of Human Services or a division or office of the Department of Human Services including the Division of Child and Family Services (DCFS), the Division of Services to People with Disabilities (DSPD), the Division of Juvenile Justice Services (DJJS), the Division of Aging and Adult Services (DAAS), Substance Abuse and Mental Health (DSAMH), the Office of Licensing (OL), the Utah State Developmental Center (USDC), the Utah State Hospital (USH), and any boards, commissions, officers, councils, committees, bureaus, or other administrative units, including the Executive Director and Director of each Division, Office or Instutution. For purposes of this Rule, the term "agency" does not include the Office of Recovery Services (ORS).

  (2) "Agency actions or proceedings" of the Department of Human Services include, but are not limited to the following:

  (a) challenges to findings of child abuse, neglect and dependency pursuant to Section 62A-4a-1009;

  (b) due process hearings afforded to foster parents prior to removal of a foster child from their home pursuant to Section 62A-4a-206;

  (c) the denial, revocation, modification or suspension of a license issued by the Office of Licensing pursuant to Section 62A-2-101, et seq.;

  (d) challenges to findings of abuse, neglect or exploitation of a vulnerable adult pursuant to Section 62A-3-301, et seq.;

  (e) actions by the Division of Juvenile Justice Services and the Youth Parole Authority relating to granting or revocation of parole, discipline or, resolution of grievances of, supervision of, confinement of or treatment of residents of any Juvenile Justice Services facility or institution;

  (f) resolution of client grievances with respect to delivery of services by private, nongovernmental, providers within the agency's service delivery system;

  (g) actions by Agency owned and operated institutions and facilities relating to discipline or treatment of residents confined to those facilities;

  (h) placement and transfer decisions affecting involuntarily committed residents of the Utah State Developmental Center pursuant to Sections 62A-5-313;

  (i) protective payee hearings;

  (j) Agency records amendment hearings held pursuant to Section 63G-2-603.

  (3) "Aggrieved person" includes any applicant, recipient or person aggrieved by an agency action.

  (4) "Declaratory Order" is an administrative interpretation or explanation of the applicability of a statute, rule, or order within the primary jurisdiction of the agency to specified circumstances.

  (5) "Office" means the Office of Administrative Hearings in the Department of Human Services.

  (6) "Presiding officer" means an agency head, or individual designated by the agency head, by these rules, by agency rule, or by statute to conduct an adjudicative proceeding and may include the following:

  (a) hearing officers;

  (b) administrative law judges;

  (c) division and office directors;

  (d) the superintendent of agency institutions;

  (e) statutorily created boards or committees.