(1) If the department has reason to believe that a provider has failed to comply with this chapter or rules made pursuant to this chapter, the department may serve a notice of agency action to commence an adjudicative proceeding in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the department may deny, place conditions on, suspend, or revoke a license, certificate, or certification, and invoke penalties, including restricting or prohibiting new admissions to a program or facility, if the department finds that there has been: (a) a failure to comply with: (i) rules established under this chapter; or (ii) any lawful order of the department or a local health department, or applicable rule, statute, regulation, or requirement; (b) aiding, abetting, or permitting the commission of any illegal act; (c) conduct adverse to the standards required to provide services and promote public trust, including aiding, abetting, or permitting the commission of abuse, neglect, exploitation, harm, mistreatment, or fraud; or (d) a failure to provide applicable health and safety services for clients. (3) (a) The department may act on an emergency basis if the department determines immediate action is necessary to protect a client. (b) Immediate action taken under Subsection (3)(a) may include restricting new admissions to a program or facility, or increased monitoring of the operations of a program or facility. (4) The department may impose civil monetary penalties against any person, in a sum not to exceed $10,000 per violation, in: (a) an administrative action in accordance with Title 63G, Chapter 4, Administrative Procedures Act; (b) a similar administrative proceeding adopted by a county or local government; or (c) a judicial civil proceeding. (5) Assessment of a civil penalty or administrative penalty does not preclude the department or a local health department from: (a) seeking criminal penalties; (b) denying, revoking, imposing conditions on, or refusing to renew a license, certificate, or certification; or (c) seeking injunctive or equitable remedies. (6) If the department revokes a license, certificate, or certification, the office may not grant a new license, certificate, or certification unless: (a) at least five years have passed since the day on which the provider was served with final notice that the provider's license, certificate, or certification was revoked; and (b) the office determines that the interests of the public will not be jeopardized by granting the provider a new license, certificate, or certification. (7) If the department does not renew a license, certificate, or certification because of noncompliance with the provisions of this part or rules adopted under this part, the department may not issue a new license, certificate, or certification unless: (a) at least one year has passed since the day on which the renewal was denied; (b) the provider complies with all renewal requirements; and (c) the office determines that the interests of the public will not be jeopardized by issuing a new license, certificate, or certification. (8) The office may suspend a license, certificate, or certification for up to three years. (9) When a license, certificate, or certification has been suspended, the office may restore, or restore subject to conditions, the suspended license, certificate, or certification upon a determination that the: (a) conditions upon which the suspension were based have been completely or partially corrected; and (b) interests of the public will not be jeopardized by restoration of the license, certificate, or certification. (10) If a provider fails to comply with the provisions of this chapter, the department may impose a penalty on the provider that is less than or equal to the cost incurred by the department, which may include: (a) the cost to continue providing services, including ensuring client safety and relocating clients through the transition or closure of a program or facility; (b) the cost to place an administrator or department representative as a monitor in a program or facility; or (c) the cost to assess to the provider those costs incurred by the department. (11) If a congregate care program or facility knowingly fails to comply with the provisions of Section 26B-2-124, the office may impose a penalty on the congregate care program or facility that is less than or equal to the cost of care incurred by the state for a private-placement child described in Subsection 26B-2-124(3). (12) If the department finds that an abortion has been performed in violation of Section 76-7-314 or 76-7a-201, the department shall deny or revoke the license. (13) A provider, program or facility, or person may commence adjudicative proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, regarding all agency actions that determine the legal rights, duties, privileges, immunities, or other legal interests of the provider, program or facility, or persons associated with the provider, including all office actions to grant, deny, place conditions on, revoke, suspend, withdraw, or amend an authority, right, license, certificate, or certification under this part. (14) Subject to the requirements of federal and state law, the office shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish sanctions, penalties, and adjudicative proceedings as described in this chapter.
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