reglab/statecodes huggingface dataset:
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 110 - Third party obligation -- Interest.

Effective 5/12/2015
35A-3-110.
Third party obligation -- Interest.
(1) If the department expends public assistance on behalf of a recipient for services or supplies, for which another person is obligated to reimburse the department, the department shall notify the person of the obligation to make the reimbursement.
(2) Upon receiving notification under Subsection (1), the notified person shall make the reimbursement within 60 days.
(3) After the time period established under Subsection (2), the department shall charge interest on any unpaid balance at the rate of 8% per annum unless an extension is granted by the department.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 111 - Collection of overpayments.

Effective 5/12/2015
35A-3-111.
Collection of overpayments.
(1) The department shall recover overpayments as described in Section 35A-3-603.
(2) An excess property lien that is required by a department program, but is not transferred to the federal government, remains a condition of eligibility in public assistance programs.
(3) A recipient may appeal an initial department determination that there has been an overpayment under rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 112 - Assistance not assignable -- Exemption from execution, garnishment, bankruptcy, or insolvency proceedings.

Effective 5/12/2015
35A-3-112.
Assistance not assignable -- Exemption from execution, garnishment, bankruptcy, or insolvency proceedings.
(1) Public assistance provided under this chapter is not assignable at law or in equity.
(2) None of the money paid or payable under this chapter is subject to:
(a) execution, levy, attachment, garnishment, or other legal process; or
(b) the operation of bankruptcy or insolvency law.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 113 - Prohibition of charges or fees for representing applicants or recipients.

Effective 5/12/2015
35A-3-113.
Prohibition of charges or fees for representing applicants or recipients.
Except for criminal proceedings, a person may not charge or receive a fee for representing an applicant or recipient in a proceeding under this chapter, or with respect to an application, in an amount greater than the amount determined by the court or body before whom an applicant or recipient has been represented regardless of who pays the charge or fee.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 1 - Basic Services and Support › Section 118 - Self-reliance training.

Effective 5/10/2016
35A-3-118.
Self-reliance training.
(1) If the department determines that it is not prohibited under federal law or regulation, a client who is at least 21 years old, but who is younger than 65 years old, and who is receiving public assistance under this chapter, shall complete at least two hours of approved self-reliance training within 90 days of the first day of receiving public assistance.
(2) If the department determines that federal law or regulation regarding a specific service or benefit under this chapter prohibits requiring a client to complete at least two hours of self-reliance training within 90 days of first receiving public assistance, the department shall:
(a) seek a waiver from the appropriate federal agency to allow requiring the training; and
(b) inform the client about the option of completing self-reliance training.
(3) The department shall ensure that approved self-reliance training:
(a) is designed to help clients learn to become financially stable and less dependent on government assistance;
(b) teaches skills and knowledge that will assist clients in becoming self-reliant;
(c) is available at sufficient times and places to enable clients to reasonably complete the training;
(d) is offered at no cost to clients;
(e) includes an option for online training; and
(f) is provided and taught in a manner that is sensitive to the specific needs and challenges of clients, including:
(i) employment situations and work schedules;
(ii) health or disability related employment issues;
(iii) family care responsibilities and schedules; and
(iv) transportation issues.
(4) Approved self-reliance training may be offered by the department or any of the following if approved by the department:
(a) a civic organization as defined in Section 35A-3-102;
(b) a for-profit entity;
(c) an educational institution; or
(d) any state or local entity.
(5) The director may contract with a civic organization to provide approved self-reliance training, if the director follows the procedures for contracting with a civic organization for the provision of social capital as described in Section 35A-3-507.
(6) As part of the annual written report described in Section 35A-1-109, the department shall:
(a) describe what entities are providing approved self-reliance training;
(b) provide the number of clients who have completed at least two hours of approved self-reliance training;
(c) describe any services or benefits under this chapter that may not be conditioned on the completion of self-reliance training because of federal law or regulation; and
(d) describe the response to any waiver request described in Subsection (2)(a).
(7) A client's completion of the approved self-reliance training described in Subsection (1) is not a condition of the client continuing to receive public assistance.
Enacted by Chapter 297, 2016 General Session
Technically renumbered to avoid duplication of section number renumbered and amended in 2015.
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 2 - Office of Child Care › Section 201 - Definitions.

Effective 5/5/2021
35A-3-201.
Definitions.
As used in this part:
(1) "Child care" means the child care services defined in Section 35A-3-102 for:
(a) children age 12 or younger; and
(b) children with disabilities age 18 or younger.
(2) "Child care provider association" means an association:
(a) that has functioned as a child care provider association in the state for at least three years; and
(b) is affiliated with a national child care provider association.
(3) "Committee" means the Child Care Advisory Committee created in Section 35A-3-205.
(4) "Director" means the director of the Office of Child Care.
(5)
(a) "Income" means gross income, whether earned or unearned, as defined by rule made in accordance with Section 35A-3-203.
(b) "Income" does not include:
(i) income from means-tested programs, including:
(A) Temporary Assistance to Needy Families;
(B) the Social Security Act; and
(C) the Supplemental Nutrition Assistance Program;
(ii) in-kind income;
(iii) scholarship, grant, or bona fide loan money;
(iv) a federal or state income tax credit; or
(v) a nonrecurring lump sum benefit.
(6) "Income-eligible child" means a child whose:
(a) family income does not exceed 85% of state median income for a family of the same size; and
(b) family assets do not exceed the limit established by the office through rule created in accordance with Section 35A-3-203.
(7) "Office" means the Office of Child Care created in Section 35A-3-202.
Amended by Chapter 168, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 2 - Office of Child Care › Section 202 - Creation.

Effective 5/12/2015
35A-3-202.
Creation.
(1) There is created within the Department of Workforce Services an Office of Child Care.
(2) The office shall be administered by a director who shall be appointed by the executive director and who may be removed from that position at the will of the executive director.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 2 - Office of Child Care › Section 203 - Functions and duties of office -- Annual report.

Effective 5/5/2021
35A-3-203.
Functions and duties of office -- Annual report.
The office shall:
(1) assess critical child care needs throughout the state on an ongoing basis and focus its activities on helping to meet the most critical needs;
(2) provide child care subsidy services for income-eligible children through age 12 and for income-eligible children with disabilities through age 18;
(3) provide information:
(a) to employers for the development of options for child care in the work place; and
(b) for educating the public in obtaining quality child care;
(4) coordinate services for quality:
(a) child care training;
(b) child care resource and referral core services; and
(c) training and education regarding child behavioral health interventions and competencies;
(5) apply for, accept, or expend gifts or donations from public or private sources;
(6) provide administrative support services to the committee;
(7) work collaboratively with the following for the delivery of quality child care, early childhood programs, and school age programs throughout the state:
(a) the State Board of Education;
(b) the Department of Health; and
(c) the Division of Substance Abuse and Mental Health within the Department of Human Services;
(8) research child care programs and public policy to improve the quality and accessibility of child care, early childhood programs, and school age programs in the state;
(9) provide planning and technical assistance for the development and implementation of programs in communities that lack child care, early childhood programs, and school age programs;
(10) provide organizational support for the establishment of nonprofit organizations approved by the Child Care Advisory Committee, created in Section 35A-3-205;
(11) coordinate with the department to include in the annual written report described in Section 35A-1-109 information regarding the status of child care in Utah; and
(12) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with state and federal law:
(a) establishing the eligibility requirements for a child care provider to receive a grant or subsidy, including for the following:
(i) providing child care for an income-eligible child who is 12 years old or younger; and
(ii) providing child care for an income-eligible child with disabilities who is 18 years old or younger; and
(b) prioritizing awards of child care grants or subsidies for income-eligible children within available funds.
Amended by Chapter 168, 2021 General Session
Amended by Chapter 278, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 2 - Office of Child Care › Section 204 - Duties of director.

Effective 5/12/2015
35A-3-204.
Duties of director.
The director shall:
(1) enforce rules made by the department regulating the use of services provided by the office;
(2) supervise office staff and prepare an annual work plan; and
(3) apply for, accept, and expend donations from public or private sources to assist the office in fulfilling its statutory obligations.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 2 - Office of Child Care › Section 207 - Community-based prevention programs.

Effective 5/3/2023
35A-3-207.
Community-based prevention programs.
(1) As used in this section:
(a) "political subdivision" means a town, city, county, or school district;
(b) "qualified sponsor" means a:
(i) political subdivision;
(ii) community nonprofit, religious, or charitable organization;
(iii) regional or statewide nonprofit organization; or
(iv) private for profit or nonprofit child care organization with experience and expertise in operating community-based prevention programs described in Subsection (2) and that are licensed under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities.
(2) Within appropriations from the Legislature, the department may provide grants to qualified sponsors for community-based prevention programs that:
(a) support parents in their primary care giving role to children;
(b) provide positive alternatives to idleness for school-aged children when school is not in session; and
(c) support other community-based prevention programs.
(3) In awarding a grant under this section, the department shall:
(a) request proposals for funding from potential qualified sponsors; and
(b) ensure that each dollar of funds from political subdivisions or private funds is matched for each dollar received from the department.
(4) In meeting the matching requirements under Subsection (3), the department may consider the value of in-kind contributions, including materials, supplies, paid labor, volunteer labor, and the incremental increase in building maintenance and operation expenses incurred attributable to the prevention program.
(5) In awarding a grant under this section, the department shall consider:
(a) the cash portion of the proposed match in relation to the financial resources of the qualified sponsor; and
(b) the extent to which the qualified sponsor has:
(i) consulted and collaborated with parents of children who are likely to participate, local parent-teacher organizations, and other parent organizations;
(ii) identified at-risk factors that will be addressed through the proposed prevention program;
(iii) identified protective factors and developmental assets that will be supported and strengthened through the proposed prevention program; and
(iv) encouraged the financial support of parents and the organizations described in Subsection (5)(b)(i).
(6) The department shall award at least 50% of the grants under this section to organizations described in Subsection (1)(b)(iv).
(7) The department may not allow the use of federal funds as matching funds under this act.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 2 - Office of Child Care › Section 209 - Award of child care subsidy services.

Effective 5/5/2021
35A-3-209.
Award of child care subsidy services.
(1)
(a) On or before June 30, 2023, the office shall award a full child care subsidy or grant for an income-eligible child.
(b) The office shall make the award described in Subsection (1)(a):
(i) in accordance with applicable federal law and regulation; and
(ii) subject to available funds.
(2) Beginning on July 1, 2023, the office may award:
(a) a full child care subsidy or grant for an income-eligible child whose family income is equal to or below 75% of state median income; and
(b) a progressively lower child care subsidy or grant for each tenth of a percentage point by which the income-eligible child's family income exceeds 75% of state median income up to 85% of state median income.
(3)
(a) On or before June 30, 2023, and subject to Subsection (3)(b), the office shall determine the amount of a child care subsidy or grant based on the income-eligible child's enrollment in child care.
(b) To qualify for a child care subsidy or grant under Subsection (3)(a), an income-eligible child shall be enrolled in child care for a minimum of eight hours per month.
(c) On or after July 1, 2023, and subject to Subsection (3)(d), the office shall determine the amount of a child care subsidy or grant based on the income-eligible child's attendance in child care.
(d) To qualify for a child care subsidy or grant under Subsection (3)(c), an income-eligible child shall attend child care for a minimum of eight hours per month.
Enacted by Chapter 168, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 2 - Office of Child Care › Section 212 - Use of COVID-19 relief funds -- Grants to child care providers -- Reporting requirements.

Affected by 36-2-235 on 6/30/2025
Effective 5/3/2023
35A-3-212.
Use of COVID-19 relief funds -- Grants to child care providers -- Reporting requirements.
(1) As used in this section:
(a) "COVID-19 relief funds" means federal funds provided to the office under:
(i) the American Rescue Plan Act, Pub. L. No. 117-2;
(ii) the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136; or
(iii) the Coronavirus Response and Relief Supplemental Appropriations Act, Pub. L. No. 116-260.
(b) "Eligible child care provider" means:
(i) a child care provider that enters into a contract with an employer to provide child care for the employer's employees, either on-site or off-site of the employer's place of business; or
(ii) a regulated residential child care provider.
(c)
(i) "Employer" means:
(A) a public employer;
(B) a private employer; or
(C) a cooperative organized for the purpose of providing child care for members' employees.
(ii) "Employer" includes a local education agency, as defined in Section 53E-1-102.
(d) "Regulated residential child care provider" means a person who holds a license or certificate from the Department of Health and Human Services to provide residential child care in accordance with Title 26B, Chapter 2, Part 4, Child Care Licensing.
(2)
(a) Subject to availability of funds and requirements under applicable federal law, the office shall use COVID-19 relief funds to provide grants to eligible child care providers to assist in paying start-up costs associated with the provision of child care.
(b) The office shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish criteria and procedures for applying for and awarding grants under this Subsection (2).
(3) In fiscal years 2022 through 2024, the office shall submit to the department, for inclusion in the department's annual written report described in Section 35A-1-109, an annual report that provides:
(a) a complete accounting of the COVID-19 relief funds expended by the office during the previous fiscal year;
(b) a description of the services, projects, and programs funded by the office with COVID-19 relief funds during the previous fiscal year, including the amount of COVID-19 relief funds allocated to each service, project, or program; and
(c) information regarding the outcomes and effectiveness of the services, projects, and programs funded by the office with COVID-19 relief funds during the previous fiscal year.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 3 - Family Employment Program › Section 301 - Purpose -- Legislative findings.

Effective 5/9/2017
35A-3-301.
Purpose -- Legislative findings.
(1) The Legislature finds that:
(a) employment improves the quality of life for parents, children, and individuals by increasing family income, developing job skills, and improving self-esteem; and
(b) the purpose of the cash assistance provided under this part is to assist a parent recipient to obtain employment that is sufficient to sustain a family, to ensure the dignity of those receiving assistance, to prevent families with children from becoming homeless, and to strengthen families.
(2) The Legislature recognizes that even with assistance, some recipients may be unable to attain complete self-sufficiency.
Amended by Chapter 407, 2017 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 3 - Family Employment Program › Section 303 - Diversion.

Effective 5/12/2015
35A-3-303.
Diversion.
(1)
(a) When an applicant applies for cash assistance under this part, the department shall assess whether the applicant should be helped by:
(i) diversion to avoid extended cash assistance; or
(ii) normal cash assistance under this part.
(b) In completing the assessment under this section, the department may consider the following:
(i) the applicant's employment history;
(ii) the likelihood of the applicant obtaining immediate full-time employment;
(iii) the applicant's general prospect for obtaining full-time employment;
(iv) the applicant's need for cash assistance to pay for housing or substantial and unforeseen expenses or work-related expenses;
(v) housing stability; and
(vi) the adequacy of the applicant's child care arrangements, if applicable.
(2) If the department determines that the applicant should be helped by diversion and the applicant agrees with this determination, the department shall provide a single payment of cash assistance up to three times the maximum monthly amount of cash assistance that the applicant would be otherwise qualified to receive based on household size.
(3) If the department determines that diversion is not appropriate, an applicant may receive cash assistance as provided in this part.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 3 - Family Employment Program › Section 307 - Cash assistance to a single minor parent.

Effective 5/12/2015
35A-3-307.
Cash assistance to a single minor parent.
(1) The department may provide cash assistance to a single minor parent in accordance with this section.
(2) A single minor parent who receives cash assistance under this part shall:
(a) except as provided under Subsection (3), reside in a place of residence maintained by a parent, legal guardian, or other adult relative of the single minor parent;
(b) participate in education for parenting and life skills;
(c) participate in infant and child wellness programs approved by the department; and
(d) for at least 20 hours per week:
(i) if the single minor parent does not have a high school diploma, attend high school or an alternative to high school;
(ii) participate in education or training; or
(iii) participate in a combination of employment and education or training.
(3)
(a) If the department determines that the requirements of Subsection (2)(a) are not appropriate for a single minor parent, the department may assist the single minor parent to obtain suitable living arrangements, including an adult-supervised living arrangement.
(b) The department may only provide cash assistance to a single minor parent who is exempt from the requirements of Subsection (2)(a) if the single minor parent resides in a living arrangement that is approved by the department.
(c) The approval by the department of a living arrangement under Subsection (3)(b):
(i) is a means of safeguarding the use of state and federal funds; and
(ii) is not a certification or guarantee of the safety, quality, or condition of the living arrangements of the single minor parent.
(4)
(a) If a single minor parent resides with a parent, the department shall include the income of the parent of the single minor parent in determining the single minor parent's eligibility for services under this part.
(b) If a single minor parent receives services under this chapter but does not reside with a parent, the department shall seek an order under Title 78B, Chapter 12, Utah Child Support Act, requiring the parent of the single minor parent to financially support the single minor parent.
(5) The requirements of this section shall be included in a single minor parent's employment plan under Section 35A-3-304.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 3 - Family Employment Program › Section 309 - Information regarding home ownership.

Effective 5/12/2015
35A-3-309.
Information regarding home ownership.
(1) The department shall provide information and service coordination to assist an applicant in obtaining affordable housing.
(2) The information and services may include:
(a) information from the Utah Housing Corporation and the Housing and Community Development Division regarding special housing programs, including programs for first-time home buyers and individuals with low and moderate incomes and the eligibility requirements for those programs;
(b) referrals to programs operated by volunteers from the real estate industry that assist applicants in obtaining affordable housing, including information on home ownership, down payments, closing costs, and credit requirements; and
(c) referrals to housing programs operated by municipalities, counties, local housing authorities, and nonprofit housing organizations that assist individuals in obtaining affordable housing, including first-time home ownership.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 3 - Family Employment Program › Section 310 - Child care services -- Rules.

Effective 5/12/2015
35A-3-310.
Child care services -- Rules.
(1) An applicant may receive assistance for child care under this part for a minor child in the care and custody of the parent recipient, unless the other parent in a two-parent family:
(a) is capable of caring for the family's child;
(b) is not employed; and
(c) has not entered into an employment plan with the department.
(2) The department shall encourage a parent recipient to obtain child care at no cost from a parent, sibling, relative, or other suitable provider.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing eligibility for child care services for a minor child in the care and custody of a parent who does not receive cash assistance under this part.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 3 - Family Employment Program › Section 311 - Cash assistance to noncitizen legal residents and drug dependent persons.

Effective 5/12/2015
35A-3-311.
Cash assistance to noncitizen legal residents and drug dependent persons.
(1) If barred from using federal funds under federal law, the department may provide cash assistance to a legal resident who is not a citizen of the United States using funds appropriated from the General Fund.
(2)
(a) The State exercises the opt out provision in Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.
(b) Consistent with Subsection (2)(a), the department may provide cash assistance and SNAP benefits to a person who has been convicted of a felony involving a controlled substance, as defined in Section 58-37-2.
(c) As a condition for receiving cash assistance under this part, a drug dependant person, as defined in Section 58-37-2, shall:
(i) receive available treatment for the dependency; and
(ii) make progress toward overcoming the dependency.
(d) The department may only refer a recipient who is a drug dependent person to a treatment provider for treating drug dependency if the provider has achieved an objective level of success, as defined by department rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 3 - Family Employment Program › Section 312 - Individual development accounts.

Effective 5/12/2015
35A-3-312.
Individual development accounts.
(1) As used in this section:
(a) "Individual development account" means a trust account funded through periodic contributions by a recipient and matched by or through a not-for-profit organization organized under Section 501(c)(3), Internal Revenue Code.
(b) "Qualified acquisition costs" means the costs of acquiring, constructing, or reconstructing a residence, including settlement and closing costs.
(c) "Qualified businesses capitalization expenses" means expenditures for capital, plant, equipment, working capital, and inventory.
(2) An individual development account may be established by or on behalf of a recipient to enable the recipient to accumulate funds for the following purposes:
(a) postsecondary educational expenses, including tuition, fees, books, supplies, and transportation costs, if:
(i) the recipient has terminated cash assistance under this chapter; and
(ii) the expenses are paid from the individual development account directly to an educational institution that the recipient is attending as part of an employment plan;
(b) qualified acquisition costs associated with a first-time home purchase if paid from the individual development account directly to a person to whom the amount is due;
(c) amounts paid from an individual development account directly to a business capitalization account that is established in a federally insured financial institution and used solely for qualified business capitalization expenses; or
(d) the purchase of assistive technologies, vehicle modifications, or home improvements to allow a recipient with a disability to participate in work-related activities.
(3) A recipient may only deposit earned income and funds received from a not-for-profit organization into an individual development account.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 3 - Family Employment Program › Section 313 - Performance goals.

Effective 5/12/2015
35A-3-313.
Performance goals.
(1) The department shall establish a performance monitoring system for cash assistance provided under this part.
(2) The department shall establish the performance indicators and performance goals that will be used in the performance monitoring system for cash assistance under this part.
(3)
(a) The department shall include in the annual written report described in Section 35A-1-109, a description of the difference between actual performance and performance goals for the second, third, and fourth quarters of the prior fiscal year and the first quarter of the current fiscal year.
(b)
(i) The legislative fiscal analyst or the analyst's designee shall convey the information described in Subsection (3)(a) to the appropriation subcommittee that has oversight responsibilities for the Department of Workforce Services during the general session of the Legislature that follows the submission of the report.
(ii) The subcommittee may consider the information in its deliberations regarding the budget for services under this chapter.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 4 - General Assistance › Section 401 - General Assistance.

Effective 5/3/2023
35A-3-401.
General Assistance.
(1)
(a) The department may provide General Assistance to individuals who are:
(i) not receiving cash assistance under Part 3, Family Employment Program, or Supplemental Security Income; and
(ii) unemployable according to standards established by the department.
(b)
(i) General Assistance described in Subsection (1)(a) may include payment in cash or in kind.
(ii) The department may provide General Assistance up to an amount that is no more than the existing payment level for an otherwise similarly situated recipient receiving cash assistance under Part 3, Family Employment Program.
(iii) Funding for General Assistance is nonlapsing.
(c) The department shall establish asset limitations for a General Assistance applicant.
(d)
(i) General Assistance may be granted to meet special nonrecurrent needs of an applicant for the federal Supplemental Security Income for the Aged, Blind, and Disabled program provided under 20 C.F.R. Sec. 416, if the applicant agrees to reimburse the department for assistance advanced to the applicant while awaiting the determination of eligibility by the Social Security Administration.
(ii)
(A) Reimbursements to the department described in Subsection (1)(d)(i) up to and including $250,000 collected in a fiscal year shall be used by the department to administer the General Assistance program and provide General Assistance to eligible applicants.
(B) Reimbursements to the department described in Subsection (1)(d)(i) over $250,000 collected in a fiscal year shall be deposited into the General Fund.
(iii) General Assistance payments may not be made to a recipient currently receiving:
(A) cash assistance; or
(B) Supplemental Security Income for the Aged, Blind, and Disabled.
(e)
(i) General Assistance may be used for the reasonable cost of burial for a recipient if heirs or relatives are not financially able to assume this expense.
(ii) Notwithstanding Subsection (1)(e)(i), if the body of a person is unclaimed, Section 26B-8-225 applies.
(iii) The department shall fix the cost of a reasonable burial and conditions under which burial expenditures may be made.
(2) The department may cooperate with any governmental unit or agency, or any private nonprofit agency, in establishing work projects to provide employment for employable persons.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 4 - General Assistance › Section 402 - Calculation of General Assistance grants.

Effective 5/12/2015
35A-3-402.
Calculation of General Assistance grants.
The department shall provide grants for General Assistance under Section 35A-3-401 on an ongoing basis for individuals who are unemployable:
(1) within amounts appropriated by the Legislature; and
(2) calculated in a manner substantially similar to cash assistance as provided in Section 35A-3-302.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 5 - Social Capital Formation Act › Section 502 - Definitions of social capital.

Effective 5/12/2015
35A-3-502.
Definitions of social capital.
(1) As used in this part, "social capital" means the value provided to the state by a civic organization, including values, cooperation, strength to families and neighborhoods, and ensuring livable communities and nurturing environments.
(2) Social capital links society together by:
(a) creating opportunities for service and giving;
(b) facilitating trust and cooperation; and
(c) enhancing investments in physical and human capital.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 5 - Social Capital Formation Act › Section 503 - Purpose -- Limitations.

Effective 5/12/2015
35A-3-503.
Purpose -- Limitations.
(1) Using social capital, an applicant for services under this chapter may receive a wide array of services that cannot be provided by state government alone.
(2) The Legislature recognizes:
(a) the constitutional limits of state government to sustain civic institutions that provide social capital;
(b) that the state does not create nor can it replace civic institutions; and
(c) that state government should respect, recognize, and, wherever possible, constitutionally encourage strong civic institutions that sustain a sense of community.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 5 - Social Capital Formation Act › Section 504 - Relationship of civic and state services.

Effective 5/12/2015
35A-3-504.
Relationship of civic and state services.
(1)
(a) Services and supports provided by a civic organization under this part are in addition to, and not in lieu of, any service provided by the department to a recipient.
(b) Receipt of services from a civic organization may not diminish a recipient's eligibility for services from the department.
(2) An applicant or recipient is under no obligation to receive services from a civic organization.
(3) A civic organization is under no obligation to provide services to a person, except as provided in a contract between the organization and the department under Section 35A-3-507.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 5 - Social Capital Formation Act › Section 505 - Application -- Referral to civic organizations.

Effective 5/12/2015
35A-3-505.
Application -- Referral to civic organizations.
(1) The department:
(a) shall assess whether an applicant is receptive to and would benefit from a service provided by a civic organization; and
(b) may inform the applicant of the availability of services provided by civic organizations.
(2)
(a) If an applicant chooses to receive services from a civic organization, the department shall facilitate the applicant's referral to one or more appropriate civic organizations.
(b) If an applicant chooses not to receive the services of a civic organization or requests services available under this chapter in addition to the services of a civic organization, the department shall process the application as provided under this chapter.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 5 - Social Capital Formation Act › Section 506 - Diversion payment -- Referral to civic organizations.

Effective 5/12/2015
35A-3-506.
Diversion payment -- Referral to civic organizations.
If a recipient receives a diversion payment under Section 35A-3-303, the department:
(1) shall assess whether the recipient is receptive to and would benefit from services from a civic organization; and
(2) may inform the recipient of the services that civic organizations provide.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 5 - Social Capital Formation Act › Section 507 - Request for proposals from civic organizations -- Contract requirements.

Effective 5/12/2015
35A-3-507.
Request for proposals from civic organizations -- Contract requirements.
(1)
(a) The director or the director's designee may issue a request for proposals to civic organizations for the purpose of contracting with the department for the provision of social capital.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall establish by rule:
(i) specifications for proposals;
(ii) deadlines for submissions;
(iii) contents of proposals;
(iv) the criteria upon which proposals will be accepted; and
(v) the amount of available funding.
(2) Within appropriations from the Legislature, the director may enter into a contract with a civic organization, which shall include:
(a) the funding, if any, to be provided to the civic organization by the department;
(b) the geographical boundary within which the civic organization is to provide services to individuals referred by the department;
(c) a description of the services to be provided by the civic organization to an applicant or recipient;
(d) the performance monitoring system to be used by the civic organization to evaluate the effectiveness of the services that it provides; and
(e) other provisions that the department and civic organization consider appropriate.
(3)
(a) A contract between the department and a civic organization under this section is for a defined period of time and a fixed funding amount.
(b) If a contract provides public funds, the civic organization is required to comply with all applicable state and federal law with respect to those funds, including any audit, recordkeeping, and financial accounting requirements.
(4) The services provided by civic organizations under this section do not include eligibility determinations, cash assistance, SNAP benefits, or quality assurance related to these functions.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 5 - Social Capital Formation Act › Section 508 - Inventory of civic organizations.

Effective 5/12/2015
35A-3-508.
Inventory of civic organizations.
(1) The department, in cooperation with the coalition described in Section 35A-3-510, shall complete a statewide inventory of interested civic organizations, which inventory shall include for each participating civic organization:
(a) a description of the services provided;
(b) the geographical locations served;
(c) methods of accessing services; and
(d) eligibility requirements for services.
(2) The inventory shall be maintained, updated annually, and made available in a usable form as a resource directory for employment counselors in the department.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 5 - Social Capital Formation Act › Section 510 - Coalition of civic and other organizations.

Effective 5/12/2015
35A-3-510.
Coalition of civic and other organizations.
(1) The director shall convene a coalition of civic organizations, representatives of the department, representatives of state and local agencies, advocacy organizations, public officials, community leaders, members of the Legislature, and other persons and organizations as determined by the executive director.
(2) The coalition shall offer advice to the director on issues relevant to this part.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 6 - Administrative Determination of Overpayment Act › Section 601 - Title.

Effective 5/12/2015
35A-3-601.
Title.
This part is known as the "Administrative Determination of Overpayments Act."
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 6 - Administrative Determination of Overpayment Act › Section 604 - Obligor presumed to have notice of department's rights -- Authority to administer oaths, issue subpoenas, and compel witnesses and production of documents -- Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrative procedures.

Effective 5/12/2015
35A-3-604.
Obligor presumed to have notice of department's rights -- Authority to administer oaths, issue subpoenas, and compel witnesses and production of documents -- Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrative procedures.
(1) An obligor is presumed to have received notice of the rights of the department under this part upon engaging in this state in any of the acts described in Subsections 35A-3-603(3) and (4) or Section 76-8-1203, 76-8-1204, or 76-8-1205.
(2) For the purposes of this part, the department may administer oaths and certify official acts, issue subpoenas, and compel witnesses and the production of business records, documents, and evidence.
(3)
(a) Except when an overpayment results from administrative error, the department may recover from the obligor:
(i) reasonable attorneys' fees;
(ii) costs incurred in pursuing administrative remedies under this part; and
(iii) interest at the rate of 1% a month accruing from the date an administrative or judicial order is issued determining the amount due under this part.
(b) The department may recover interest, attorney fees, and costs, if notice of the assessment has been included in a notice of agency action issued in compliance with Title 63G, Chapter 4, Administrative Procedures Act.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make, amend, and enforce rules to carry out the provisions of this part.
(5) Service of all notices and orders under this part shall comply with:
(a)Title 63G, Chapter 4, Administrative Procedures Act;
(b) Utah Rules of Civil Procedure; or
(c) rules made by the department under this part in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that meet standards required by due process.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 6 - Administrative Determination of Overpayment Act › Section 605 - Issuance or modification of administrative order -- Voluntary acknowledgment of overpayment -- Court orders supersede administrative orders -- Notification requirement.

Effective 5/12/2015
35A-3-605.
Issuance or modification of administrative order -- Voluntary acknowledgment of overpayment -- Court orders supersede administrative orders -- Notification requirement.
(1)
(a) Through an adjudicative proceeding, the department may issue or modify an administrative order that:
(i) determines whether an overpayment was made, the amount of the overpayment, and whether benefits were obtained by an intentional program violation;
(ii) reduces the overpayment determined by an administrative judgment; or
(iii) renews an administrative judgment.
(b) The department shall commence an adjudicative proceeding to renew a judgment by serving notice of agency action on the obligor before the judgment is barred by the applicable statute of limitations.
(2) The department may accept voluntary acknowledgment of an overpayment obligation and enter into stipulated agreements to issue orders and judgments.
(3)
(a) A provision of an administrative order is enforceable against an obligor, unless it is in direct conflict with or is superseded by a provision of a court order.
(b) To the extent of any conflict, the court order governs.
(4) After being properly served with a notice of agency action under this part, an obligor shall notify the department of any subsequent change of address or employment.
Amended by Chapter 221, 2015 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 3 - Employment Support Act › Part 6 - Administrative Determination of Overpayment Act › Section 606 - Docketing abstract of final administrative order -- Real property and personal property liens -- Effect of order -- Execution.

Effective 5/12/2015
35A-3-606.
Docketing abstract of final administrative order -- Real property and personal property liens -- Effect of order -- Execution.
(1)
(a) An abstract of a final administrative order may be docketed in the district court of any county in the state.
(b) The time of receipt of the abstract shall be noted by the clerk on the abstract and entered in the docket.
(2)
(a) From the time the abstract is docketed in the judgment docket of a district court, any administrative judgment included in the order abstracted constitutes a lien upon the real property of the obligor situated in that county.
(b) Unless satisfied, the lien is for a period of eight years from the date the order is entered.
(3) The final administrative order fixing the liability of the obligor shall have the same effect as any other money judgment entered in a district court.
(4)
(a) Except as provided under Subsection (4)(b), an attachment, garnishment, or execution on a judgment included in or accruing under an administrative order filed and docketed under this section shall be in the same manner and with the same effect as an attachment, garnishment, or execution on a judgment of a district court.
(b) A writ of garnishment on earnings shall continue to operate and require the garnishee to withhold the nonexempt portion of the earnings at each succeeding earnings disbursement interval until released in writing by the department or by court order.
(5) The lien and enforcement remedies provided by this section are in addition to any other lien or remedy provided by law.
Amended by Chapter 221, 2015 General Session