reglab/statecodes huggingface dataset:
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 4 - Services for the Blind and Visually Impaired › Section 401 - General provisions.

Effective 10/1/2016
35A-13-401.
General provisions.
(1) This part is known as "Services for the Blind and Visually Impaired."
(2) For the purposes of this part:
(a) "Assistant director" means the assistant director of the division.
(b) "Division" means the program called the Division of Services for the Blind and Visually Impaired created in Section 35A-13-402.
Enacted by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 4 - Services for the Blind and Visually Impaired › Section 402 - The Division of Services for the Blind and Visually Impaired.

Effective 10/1/2016
35A-13-402.
The Division of Services for the Blind and Visually Impaired.
(1) There is created as a program within the office the Division of Services for the Blind and Visually Impaired.
(2) The director, with the approval of the executive director and after consultation with members of the community to be served by the division, shall appoint an assistant director to administer the services provided by the division.
(3) The assistant director shall administer the division in accordance with:
(a) the direction of the director and the executive director; and
(b) applicable state and federal laws and regulations.
Enacted by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 4 - Services for the Blind and Visually Impaired › Section 403 - Services provided by the division.

Effective 5/14/2019
35A-13-403.
Services provided by the division.
The division may:
(1) provide:
(a) a business enterprise program;
(b) workshops, employment, and training; and
(c) vocational rehabilitation, training and adjustment, sight conservation, prevention of blindness, low vision lenses, and recreational services;
(2) establish and operate community service centers, rehabilitation facilities, and workshops; and
(3) perform other duties assigned by the director or the executive director.
Amended by Chapter 87, 2019 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 4 - Services for the Blind and Visually Impaired › Section 404 - Appointment of advisory council.

Affected by 63I-1-235 on 7/1/2025
Effective 10/1/2016
35A-13-404.
Appointment of advisory council.
(1) The executive director shall appoint an advisory council to advise and assist the division, the office, and the department in matters relating to the needs of and provision of services to individuals who are blind or have visual impairments.
(2) At least one-half of the members of the council shall be individuals who are blind or have visual impairments.
(3) A member of the council may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 5 - Services for the Deaf and Hard of Hearing › Section 501 - General provisions.

Effective 10/1/2016
35A-13-501.
General provisions.
(1) This part is known as "Services for the Deaf and Hard of Hearing."
(2) For the purposes of this part:
(a) "Assistant director" means the assistant director of the division.
(b) "Division" means the program called the Division of Services for the Deaf and Hard of Hearing created in Section 35A-13-502.
Enacted by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 5 - Services for the Deaf and Hard of Hearing › Section 502 - The Division of Services for the Deaf and Hard of Hearing.

Effective 10/1/2016
35A-13-502.
The Division of Services for the Deaf and Hard of Hearing.
(1) There is created as a program within the office the Division of Services for the Deaf and Hard of Hearing.
(2) The director, with the approval of the executive director and after consultation with members of the community to be served by the division, shall appoint an assistant director to administer the services provided by the division.
(3) The assistant director shall administer the division in accordance with:
(a) the direction of the director and the executive director; and
(b) applicable state and federal laws and regulations.
Enacted by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 5 - Services for the Deaf and Hard of Hearing › Section 503 - Services provided by the division.

Effective 10/1/2016
35A-13-503.
Services provided by the division.
The division may:
(1) provide training and adjustment services for adults who are deaf or hard of hearing;
(2) assist public education officials in the discharge of their duties towards children who are deaf or hard of hearing;
(3) maintain a register of qualified interpreters;
(4) provide training in the use of telecommunication devices for the deaf, and install and maintain those devices;
(5) operate community centers for individuals who are deaf or hard of hearing; and
(6) perform other duties assigned by the director or the executive director.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 5 - Services for the Deaf and Hard of Hearing › Section 504 - Appointment of advisory council.

Effective 10/1/2016
35A-13-504.
Appointment of advisory council.
(1) The executive director shall appoint an advisory council to advise and assist the division, the office, and the department in matters relating to the needs of and provision of services to individuals who are deaf or hard of hearing.
(2) At least one-half of the members of the council shall be individuals who are deaf or hard of hearing.
(3) A member of the council may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 601 - Title.

Effective 10/1/2016
35A-13-601.
Title.
(1) This part is known as the "Interpreter Services for the Deaf and Hard of Hearing Act."
(2) All rules made under this part shall be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 602 - Definitions.

Effective 5/14/2019
35A-13-602.
Definitions.
As used in this part:
(1) "Advisory board" or "board" means the Interpreter Certification Board created in Section 35A-13-603.
(2) "Assistant director" means the assistant director who administers the program called the Division of Services for the Deaf and Hard of Hearing created in Section 35A-13-502.
(3) "Certified interpreter" means an individual who is certified as meeting the certification requirements of this part.
(4) "Interpreter services" means services that facilitate effective communication between a hearing individual and an individual who is deaf or hard of hearing through American Sign Language or a language system or code that is modeled after American Sign Language, in whole or in part, or is in any way derived from American Sign Language.
Amended by Chapter 89, 2019 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 603 - Board.

Affected by 63I-1-235 on 7/1/2026
Effective 7/1/2020
35A-13-603.
Board.
(1) There is created to assist the director of the office the Interpreter Certification Board consisting of the following 11 members:
(a) a designee of the assistant director;
(b) a designee of the Utah Board of Higher Education;
(c) a designee of the State Board of Education;
(d) four professional interpreters, recommended by the assistant director; and
(e) four individuals who are deaf or hard of hearing, recommended by the assistant director.
(2)
(a) The director shall make all appointments to the board.
(b) In making appointments under Subsections (1)(d) and (e), the director shall give consideration to recommendations by certified interpreters and members of the deaf and hard of hearing community.
(3)
(a) Board members shall serve three-year terms, except that for the initial terms of board members, three shall serve one-year terms, four shall serve two-year terms, and four shall serve three-year terms.
(b) An individual may not serve more than two three-year consecutive terms.
(c) If a vacancy occurs on the board for a reason other than the expiration of a term, the director shall appoint a replacement for the remainder of the term in accordance with Subsections (1) and (2).
(4) The director may remove a board member for cause, which may include misconduct, incompetence, or neglect of duty.
(5) The board shall annually elect a chair and vice chair from among its members.
(6) The board shall meet as often as necessary to accomplish the purposes of this part, but not less than quarterly.
(7) A member of the board may not receive compensation or benefits for the member's service, but may receive travel expenses in accordance with:
(a) Section 63A-3-107; and
(b) rules made by the Division of Finance in accordance with Section 63A-3-107.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 604 - Powers and duties of the board.

Affected by 63I-1-235 on 7/1/2026
Effective 10/1/2016
35A-13-604.
Powers and duties of the board.
(1) The board shall function as an advisory board to the director and under the director's direction shall perform the following duties concerning the certification of interpreters:
(a) make recommendations to the director regarding:
(i) appropriate rules;
(ii) policy and budgetary matters;
(iii) the appropriate passing score for applicant examinations; and
(iv) standards of supervision for individuals in training to become certified interpreters;
(b) screen applicants for certification and make written recommendations to the director regarding certification, renewal, reinstatement, and recertification actions; and
(c) act as the presiding officer in conducting hearings associated with adjudicative proceedings and in issuing recommended orders as designated by the director.
(2) The director, with the collaboration and assistance of the advisory board, shall:
(a) prescribe certification qualifications;
(b) prescribe rules governing applications for certification;
(c) provide for a fair and impartial method for the examination of applicants;
(d) define unprofessional conduct, by rule, to supplement the definition under this part; and
(e) establish conditions for reinstatement and renewal of certification.
(3)
(a) The advisory board shall designate one of its members on a permanent or rotating basis to:
(i) assist the director in reviewing complaints involving the unlawful or unprofessional conduct of a certified interpreter; and
(ii) advise the director when investigating complaints.
(b) An advisory board member who has, under Subsection (3)(a), reviewed or investigated a complaint is disqualified from participating with the advisory board if the board serves as a presiding officer of an administrative proceeding concerning the complaint.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 605 - Certification required -- Classes of certification.

Effective 10/1/2016
35A-13-605.
Certification required -- Classes of certification.
(1) Except as specifically provided in Section 35A-13-609, an individual is required to be certified as a certified interpreter if that individual provides interpreter services and a state or federal law requires the interpreter to be certified or qualified.
(2) The director shall issue a certification to an individual who qualifies under this chapter in classifications determined by the director based upon recommendations from the advisory board.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 606 - Qualifications for certification.

Effective 10/1/2016
35A-13-606.
Qualifications for certification.
Each applicant for certification under this part shall:
(1) submit an application in a form prescribed by the director;
(2) pay a fee determined by the director under Section 63J-1-504 to help offset the costs of implementing this part for the administration of examinations for certification and for the issuance of certificates;
(3) be of good moral character; and
(4) comply with any other qualifications for certification established by the director in accordance with Subsection 35A-13-604(2).
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 606.5 - Certificate by endorsement.

Effective 5/3/2023
35A-13-606.5.
Certificate by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of a profession described in Section 35A-13-605.
(2) Subject to Subsections (3) through (5), the director may issue a certificate described in Section 35A-13-605 to an applicant who has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
(a) the director determines that the applicant's education, experience, and skills demonstrate competency in the profession for which certification is sought; or
(b) the director determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the certificate.
(3) The director may refuse to issue a certificate to an applicant under this section if:
(a) the director determines that there is reasonable cause to believe that the applicant is not qualified to receive the certificate; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's other license.
(4) Before the director issues a certificate to an applicant under this section, the applicant shall:
(a) pay a fee determined by the director under Section 35A-13-606; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the profession for which certification is sought.
(5) The director may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 607 - Certification term -- Expiration -- Renewal.

Effective 10/1/2016
35A-13-607.
Certification term -- Expiration -- Renewal.
(1)
(a) The director shall issue each certificate under this part in accordance with a three-year renewal cycle established by rule.
(b) The director may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal, the certified interpreter must show satisfactory evidence of compliance with renewal conditions established by the director in accordance with Subsection 35A-13-604(2).
(3) Each certificate automatically expires on the expiration date shown on the certificate unless the certified interpreter renews it in accordance with the conditions prescribed by the director.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 608 - Continuing education.

Effective 10/1/2016
35A-13-608.
Continuing education.
(1)
(a) As a condition for renewal of certification, each certified interpreter shall, during each three-year certification cycle or other cycle defined by rule, complete a number of hours of qualified continuing professional education in accordance with standards defined by rule.
(b) The director shall determine the number of hours based upon recommendations from the advisory board.
(2) If the renewal cycle is extended or shortened under Section 35A-13-607, the continuing education hours determined for renewal under Subsection (1) shall be increased or decreased proportionately.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 610 - Grounds for denial of certification -- Disciplinary proceedings.

Effective 10/1/2016
35A-13-610.
Grounds for denial of certification -- Disciplinary proceedings.
(1) The director shall refuse to issue a certificate to an applicant and shall refuse to renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the certificate of a certified interpreter who does not meet the qualifications for certification under this part.
(2) The director may refuse to issue a certificate to an applicant, refuse to renew a certificate, revoke, suspend, restrict, or place on probation the certificate of a certified interpreter, issue a public or private reprimand to a certified interpreter, and issue a cease and desist order in any of the following circumstances:
(a) the applicant or certified interpreter has engaged in unprofessional conduct as defined in this part or by rule under this part;
(b) the applicant or certified interpreter has engaged in unlawful conduct as defined in this part;
(c) the applicant or certified interpreter has been determined to be mentally incompetent for any reason by a court of competent jurisdiction; or
(d) the applicant or certified interpreter is unable to provide interpretive services with reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any other mental or physical condition, when the individual's condition demonstrates a threat or potential threat to public health, safety, or welfare.
(3) An individual whose certificate has been suspended, revoked, or restricted under Subsection (1) may apply for reinstatement at reasonable intervals and upon compliance with conditions imposed by the director.
(4) The director may issue cease and desist orders:
(a) to a certified interpreter or applicant who is subject to discipline under Subsection (1);
(b) to an individual who engages or represents that the individual is engaged in the profession of a certified interpreter; and
(c) to an individual who otherwise violates this part or rules adopted under this part.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 611 - Unlawful conduct.

Effective 10/1/2016
35A-13-611.
Unlawful conduct.
"Unlawful conduct" means conduct by an individual that is defined as unlawful under this part and includes:
(1) practicing or engaging in, representing oneself to be practicing or engaging in, or attempting to practice or engage in the profession of a certified interpreter if the individual is:
(a) not certified to do so and is not exempted from certification under this chapter; or
(b) restricted from doing so by a restricted, suspended, revoked, temporary, probationary, or inactive certification;
(2) impersonating another certified interpreter or practicing as a certified interpreter under a false or assumed name, except as permitted by law;
(3) knowingly employing an individual to practice or engage in or attempt to practice or engage in the profession of a certified interpreter, if the employee is not certified to do so under this chapter;
(4) knowingly permitting the individual's authority to engage in the profession of a certified interpreter to be used by another individual, except as permitted by law; or
(5) applying for certification under this part, obtaining certification under this part, or otherwise dealing with the director through the use of fraud, forgery, or intentional deception, misrepresentation, misstatement, or omission.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 612 - Unprofessional conduct.

Effective 10/1/2016
35A-13-612.
Unprofessional conduct.
"Unprofessional conduct" means conduct by a certified interpreter that is defined as unprofessional conduct under this part or under any rules adopted under this part and includes:
(1) violating, or aiding or abetting an individual in violating, any provision of this part, rule adopted under this part, or order regulating certified interpreters;
(2) violating, or aiding or abetting an individual in violating, any generally accepted professional or ethical standard applicable to the profession of a certified interpreter; or
(3) physically, mentally, or sexually abusing or exploiting an individual through conduct connected with a certified interpreter's practice under this part.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 6 - Interpreter Services for the Deaf and Hard of Hearing Act › Section 613 - Penalty for unlawful conduct.

Effective 10/1/2016
35A-13-613.
Penalty for unlawful conduct.
An individual who violates Section 35A-13-611 is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 15 - Preschool Programs › Part 2 - School Readiness Board and Account › Section 201 - Establishment of the School Readiness Board -- Membership -- Funding prioritization.

Effective 7/1/2022
35A-15-201.
Establishment of the School Readiness Board -- Membership -- Funding prioritization.
(1) There is created the School Readiness Board within the department composed of:
(a) the executive director or the executive director's designee;
(b) one member appointed by the State Board of Education;
(c) one member appointed by the chair of the State Charter School Board;
(d) two members who have research experience in the area of early childhood development, with:
(i) one member who is not a legislator and is appointed by the speaker of the House of Representatives; and
(ii) one member who represents the Utah Data Research Center created in Section 53B-33-201, appointed by the commissioner of higher education;
(e) one member, who is not a legislator and is appointed by the president of the Senate, who:
(i) has expertise in results-based contracts; or
(ii) represents a financial institution that has experience managing a portfolio that meets the requirements of the Community Reinvestment Act, 12 U.S.C. Sec. 2901 et seq.;
(f) one member, appointed by the executive director, who has expertise in early childhood education;
(g) one member, appointed by the state superintendent, who has expertise in early childhood education;
(h) one member, appointed by the governor, who represents a nonprofit corporation that focuses on early childhood education; and
(i) one member, appointed by the executive director, who owns and operates a licensed child care center located in the state.
(2)
(a) A member described in Subsection (1)(b), (c), (d), (e), (f), (g), or (h) shall serve for a term of two years.
(b) If a vacancy occurs for a member described in Subsection (1)(b), (c), (d), (e), (f), (g), or (h), the individual appointing the member shall appoint a replacement to serve the remainder of the member's term.
(3)
(a) A member may not receive compensation or benefits for the member's service.
(b) A member may serve more than one term.
(4) The department shall provide staff support to the board.
(5)
(a) The board members shall elect a chair of the board from the board's membership.
(b) The board shall meet upon the call of the chair or a majority of the board members.
(6) In allocating funding received under this chapter, the board shall:
(a) give first priority to repayment of an investor who is a party to a results-based contract under the Laws of Utah, 2014, Chapter 304, Section 10; and
(b) determine prioritization of funding for the remaining programs described in this chapter.
Amended by Chapter 461, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 15 - Preschool Programs › Part 2 - School Readiness Board and Account › Section 202 - Elements of a high quality school readiness program.

Effective 5/3/2023
35A-15-202.
Elements of a high quality school readiness program.
(1) A high quality school readiness program that an eligible LEA or eligible private provider runs shall include:
(a) an evidence-based curriculum that is aligned with all of the developmental domains and academic content areas defined in the Utah core standards for preschool that the State Board of Education adopts, and that incorporates:
(i) intentional and differentiated instruction in whole group, small group, and child-directed learning; and
(ii) intentional instruction in key areas of literacy and numeracy, as determined by the State Board of Education, that:
(A) is teacher led or through a partnership with a contractor as defined in Section 63N-20-101;
(B) includes specific literacy and numeracy skills, such as phonological awareness; and
(C) includes provider monitoring and ongoing professional learning and coaching;
(b) ongoing, focused, and intensive professional development for staff of the school readiness program;
(c) ongoing assessment of a student's educational growth and development that:
(i) is aligned to the Utah core standards for preschool that the State Board of Education adopts; and
(ii) evaluates student progress to inform instruction;
(d) administration of the school readiness assessment to each student;
(e) for a preschool program that an eligible LEA runs, a class size that does not exceed 20 students, with one adult for every 10 students in the class;
(f) ongoing program evaluation and data collection to monitor program goal achievement and implementation of required program components;
(g) family engagement, including ongoing communication between home and school, and parent education opportunities based on each family's circumstances;
(h) only lead teachers who, by the lead teacher's second year, obtain at least:
(i) the minimum standard of a child development associate certification; or
(ii) an associate or bachelor's degree in an early childhood education related field; and
(i) a kindergarten transition plan.
(2) A high quality school readiness program that a home-based educational technology provider runs shall meet the requirements as described in Title 63N, Chapter 20, UPSTART.
Amended by Chapter 380, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 15 - Preschool Programs › Part 2 - School Readiness Board and Account › Section 203 - School Readiness Restricted Account -- Creation -- Funding -- Distribution of funds.

Effective 5/14/2019
35A-15-203.
School Readiness Restricted Account -- Creation -- Funding -- Distribution of funds.
(1) There is created in the General Fund a restricted account known as the "School Readiness Restricted Account".
(2) The School Readiness Restricted Account consists of:
(a) money appropriated by the Legislature;
(b) all income and interest derived from the deposit and investment of money in the account;
(c) federal grants; and
(d) private donations.
(3) Subject to legislative appropriations, money in the restricted account may be used:
(a) to award a grant under Section 35A-15-301 or 35A-15-302;
(b) to contract with an evaluator;
(c) to fund the participation of eligible students in a high quality school readiness program through a results-based contract; and
(d) for administration costs and to monitor the programs described in this part.
Renumbered and Amended by Chapter 342, 2019 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 15 - Preschool Programs › Part 3 - Grants for High Quality School Readiness Programs › Section 303 - Evaluation -- Tool -- Reporting.

Effective 5/14/2019
35A-15-303.
Evaluation -- Tool -- Reporting.
(1) The State Board of Education shall, in consultation with the board, conduct the ongoing review and evaluation each school year of:
(a) a grant recipient under Section 35A-15-301; and
(b) a grant recipient under Section 35A-15-302.
(2)
(a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the State Board of Education may enter into a contract with an evaluator to assist with the evaluation process.
(b) An evaluation described in Subsection (1) shall include:
(i) outcomes of onsite observations utilizing the tool developed under Subsection (4) at a frequency and number of classrooms visits established by the board;
(ii) performance on the performance outcome measures; and
(iii) whether any of the programs improved kindergarten readiness through funding provided under Section 35A-15-301 or 35A-15-302.
(3) The board shall determine whether there is a correlation between the tool and the performance outcome measure.
(4) The board, in coordination with the department and the State Board of Education:
(a) shall:
(i) develop a tool to determine whether a school readiness program is a high quality school readiness program; and
(ii) establish how the board will apply the tool to make a determination described in Subsection (4)(a); and
(b) may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of this Subsection (4).
(5)
(a) The State Board of Education shall annually prepare a report for the Education Interim Committee in accordance with Section 53E-1-201.
(b) The report described in Subsection (5)(a) shall include a summary of an evaluation and the efficacy of:
(i) the grant program described in Section 35A-15-301; and
(ii) the grant program described in Section 35A-15-302, including whether any recipients failed to meet benchmarks for success on performance outcome measures as described in Subsection 35A-15-302(8)(c).
(6) The board shall report to the Education Interim Committee by November 30, 2020, on benchmarks adopted by the board under Section 35A-15-302.
Enacted by Chapter 342, 2019 General Session
Amended by Chapter 342, 2019 General Session, (Coordination Clause)
Coordination clause direction to replace language with new language.
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/4/2022
35A-16-102.
Definitions.
As used in this chapter:
(1) "Collaborative applicant" means the entity designated by a continuum of care to collect and submit data and apply for funds on behalf of the continuum of care, as required by the United States Department of Housing and Urban Development.
(2) "Continuum of care" means a regional or local planning body designated by the United States Department of Housing and Urban Development to coordinate services for individuals experiencing homelessness within an area of the state.
(3) "Coordinator" means the state homelessness coordinator appointed under Section 63J-4-202.
(4) "Executive committee" means the executive committee of the homelessness council described in Section 35A-16-204.
(5) "Homeless Management Information System" or "HMIS" means an information technology system that:
(a) is used to collect client-level data and data on the provision of housing and services to homeless individuals and individuals at risk of homelessness in the state; and
(b) meets the requirements of the United States Department of Housing and Urban Development.
(6) "Homeless services budget" means the comprehensive annual budget and overview of all homeless services available in the state described in Subsection 35A-16-203(1)(b).
(7) "Homelessness council" means the Utah Homelessness Council created in Section 35A-16-204.
(8) "Local homeless council" means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state.
(9) "Office" means the Office of Homeless Services.
(10) "Steering committee" means the Utah Homeless Network Steering Committee created in Section 35A-16-206.
(11) "Strategic plan" means the statewide strategic plan to minimize homelessness in the state described in Subsection 35A-16-203(1)(c).
Amended by Chapter 403, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 2 - Office of Homeless Services › Section 201 - Office of Homeless Services.

Effective 7/1/2021
35A-16-201.
Office of Homeless Services.
(1) The Office of Homeless Services is under the direction of the state homelessness coordinator appointed under Section 63J-4-202.
(2) The coordinator shall serve as:
(a) an advisor to the governor on homelessness issues; and
(b) subject to Subsection (3), the chief administrative officer of the Office of Homeless Services created in Section 35A-1-202.
(3) The executive director has administrative oversight over the office.
Enacted by Chapter 281, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 2 - Office of Homeless Services › Section 202 - Powers and duties of the office.

Effective 7/1/2021
35A-16-202.
Powers and duties of the office.
(1) The office shall, under the direction of the coordinator:
(a) assist in providing homeless services in the state;
(b) coordinate the provision of homeless services in the state; and
(c) manage, with the concurrence of Continuum of Care organizations approved by the United States Department of Housing and Urban Development, a Homeless Management Information System for the state that:
(i) shares client-level data between state agencies, local governments, and private organizations that provide services to homeless individuals and families and individuals at risk of homelessness in the state;
(ii) is effective as a case management system;
(iii) except for individuals receiving services who are victims of domestic violence, includes an effective authorization protocol for encouraging individuals who are provided with any homeless services in the state to provide accurate information to providers for inclusion in the HMIS; and
(iv) meets the requirements of the United States Department of Housing and Urban Development and other federal requirements.
(2) The office may:
(a) by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in federal programs; and
(b) for any federal program that requires the expenditure of state funds as a condition for participation by the state in a fund, property, or service, with the governor's approval, expend whatever funds are necessary out of the money provided by the Legislature for the use of the office.
Enacted by Chapter 281, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 2 - Office of Homeless Services › Section 205 - Duties of the homelessness council.

Effective 5/4/2022
35A-16-205.
Duties of the homelessness council.
The homelessness council:
(1) shall provide final approval for:
(a) the homeless services budget;
(b) the strategic plan; and
(c) the awarding of funding for the provision of homeless services as described in Subsection 35A-16-203(1)(d);
(2) in cooperation with the coordinator, shall:
(a) develop and maintain the homeless services budget;
(b) develop and maintain the strategic plan; and
(c) review applications and approve funding for the provision of homeless services in the state as described in Subsection 35A-16-203(1)(d);
(3) shall review local and regional plans for providing services to individuals experiencing homelessness;
(4) shall cooperate with local homeless councils to:
(a) develop a common agenda and vision for reducing homelessness in each local oversight body's respective region;
(b) as part of the homeless services budget, develop a spending plan that coordinates the funding supplied to local stakeholders; and
(c) align local funding to projects that improve outcomes and target specific needs in each community;
(5) shall coordinate gap funding with private entities for providing services to individuals experiencing homelessness;
(6) shall recommend performance and accountability measures for service providers, including the support of collecting consistent and transparent data; and
(7) when reviewing and giving final approval for requests as described in Subsection 35A-16-203(1)(d):
(a) may only recommend funding if the proposed recipient has a policy to share client-level service information with other entities in accordance with state and federal law to enhance the coordination of services for individuals who are experiencing homelessness; and
(b) shall identify specific targets and benchmarks that align with the strategic plan for each recommended award.
Amended by Chapter 403, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 2 - Office of Homeless Services › Section 206 - Utah Homeless Network Steering Committee.

Effective 5/4/2022
35A-16-206.
Utah Homeless Network Steering Committee.
(1) There is created within the office the Utah Homeless Network Steering Committee.
(2) The steering committee shall consist of the following members:
(a) the chair of each local homeless council or the chair's designee;
(b) one individual who has experienced homelessness, appointed by the cochairs of the steering committee;
(c) one representative of the collaborative applicant for the Balance of State continuum of care, appointed by the collaborative applicant;
(d) one representative of the collaborative applicant for the Mountainland continuum of care, appointed by the collaborative applicant;
(e) one representative of the collaborative applicant for the Salt Lake County continuum of care, appointed by the collaborative applicant;
(f) one representative of the office's program staff, appointed by the coordinator; and
(g) one representative of the office's data staff, appointed by the coordinator.
(3) The steering committee shall select two members from among the members described in Subsection (2)(a) to serve as cochairs, of which:
(a) one cochair shall be chosen among the members representing:
(i) the Mountainland local homeless council;
(ii) the Salt Lake County local homeless council;
(iii) the Davis local homeless council; and
(iv) the Weber-Morgan local homeless council; and
(b) one cochair shall be chosen among the members representing all other local homeless councils that are not listed in Subsection (3)(a).
(4) The cochairs are responsible for the call and conduct of meetings.
(5)
(a) A majority of the members of the steering committee constitutes a quorum.
(b) The action of a majority of a quorum constitutes the action of the steering committee.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) The office and the department shall provide administrative support to the steering committee.
Enacted by Chapter 403, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 2 - Office of Homeless Services › Section 207 - Duties of the steering committee.

Effective 5/4/2022
35A-16-207.
Duties of the steering committee.
The steering committee shall:
(1) support connections across continuums of care, local homeless councils, and state and local governments;
(2) coordinate statewide emergency and crisis response in relation to services for individuals experiencing homelessness;
(3) provide training to providers of services for individuals experiencing homelessness, stakeholders, and policymakers;
(4) educate the general public and other interested persons regarding the needs, challenges, and opportunities for individuals experiencing homelessness; and
(5) make recommendations to the homelessness council regarding the awarding of funding for the provision of homeless services as described in Subsection 35A-16-203(1)(d).
Enacted by Chapter 403, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 3 - Services for Individuals Experiencing Homelessness › Section 301 - Creation of Pamela Atkinson Homeless Account.

Effective 7/1/2021
35A-16-301.
Creation of Pamela Atkinson Homeless Account.
(1) There is created a restricted account within the General Fund known as the "Pamela Atkinson Homeless Account."
(2) Private contributions received under this section and Section 59-10-1306 shall be deposited into the restricted account to be used only for programs described in this chapter.
(3) Money shall be appropriated from the restricted account to the homelessness council in accordance with Title 63J, Chapter 1, Budgetary Procedures Act.
(4) The homelessness council may accept transfers, grants, gifts, bequests, or money made available from any source to implement this part.
Renumbered and Amended by Chapter 281, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 3 - Services for Individuals Experiencing Homelessness › Section 303 - Homeless to Housing Reform Restricted Account.

Effective 5/3/2023
35A-16-303.
Homeless to Housing Reform Restricted Account.
(1) There is created a restricted account within the General Fund known as the Homeless to Housing Reform Restricted Account.
(2) The restricted account shall be administered by the office for the purposes described in Section 35A-16-302.
(3) The state treasurer shall invest the money in the restricted account according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that interest and other earnings derived from the restricted account shall be deposited into the restricted account.
(4) The restricted account shall be funded by:
(a) appropriations made to the account by the Legislature; and
(b) private donations, grants, gifts, bequests, or money made available from any other source to implement this section and Section 35A-16-302.
(5) Subject to appropriation, the coordinator shall use restricted account money as described in Section 35A-16-302.
Amended by Chapter 302, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 4 - Homeless Shelter Cities Mitigation Restricted Account › Section 404 - Certification of eligible municipality.

Effective 5/3/2023
35A-16-404.
Certification of eligible municipality.
On or before October 1 of each year, the office shall:
(1) certify the municipalities that meet the requirements of a first-tier eligible municipality or a second-tier eligible municipality as of July 1; and
(2) provide a list of the municipalities that the office has certified as meeting the requirements of a first-tier eligible municipality or a second-tier eligible municipality for the year to the State Tax Commission.
Amended by Chapter 302, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 16 - Office of Homeless Services › Part 4 - Homeless Shelter Cities Mitigation Restricted Account › Section 405 - Information to report to State Tax Commission regarding third-tier eligible municipalities.

Effective 5/3/2023
35A-16-405.
Information to report to State Tax Commission regarding third-tier eligible municipalities.
On or before October 1 of each year, the office shall provide the following information to the State Tax Commission:
(1) a list of the municipalities that the office:
(a) has not certified as an eligible municipality in accordance with Section 35A-16-404; and
(b) determines to have a homeless shelter located within the municipality's geographic boundaries; and
(2) the number of beds available at all homeless shelters located within each municipality described in Subsection (1).
Enacted by Chapter 302, 2023 General Session