Disability Ombudsman

Utah Code tit. 26B, ch. 26B-6, pt. 26B-6-P7

in effect

Utah Code § 26B-6-701 Definitions.

26B-6-701. Definitions. In addition to the definitions in Section 26B-6-401, as used in this part: (1) "Complainant" means a person who initiates a complaint. (2) "Complaint" means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. (3) "Ombudsman" means the ombudsman appointed in Section 26B-6-702. (4) "Rights and privileges of an individual with a disability" means the rights and privileges of an individual with a disability described in Subsections 26B-6-802(1) through (3). Renumbered and Amended by Chapter 308, 2023 General Session

Utah Code § 26B-6-702 Disability ombudsman -- Purpose -- Appointment -- Qualifications -- Staff.

26B-6-702. Disability ombudsman -- Purpose -- Appointment -- Qualifications -- Staff. (1) There is created within the department the position of disability ombudsman for the purpose of promoting, advocating, and ensuring the rights and privileges of an individual with a disability are upheld. (2) The director shall appoint an ombudsman who has: (a) recognized executive and administrative capacity; and (b) experience in laws and policies regarding individuals with a disability. (3) The ombudsman may hire staff as necessary to carry out the duties of the ombudsman under this part. Renumbered and Amended by Chapter 308, 2023 General Session

Utah Code § 26B-6-703 Powers and duties of ombudsman.

26B-6-703. Powers and duties of ombudsman. The ombudsman shall: (1) develop and maintain expertise in laws and policies governing the rights and privileges of an individual with a disability; (2) provide training and information to private citizens, civic groups, governmental entities, and other interested parties across the state regarding: (a) the role and duties of the ombudsman; (b) the rights and privileges of an individual with a disability; and (c) services available in the state to an individual with a disability; (3) develop a website to provide the information described in Subsection (2) in a form that is easily accessible; (4) receive, process, and investigate complaints in accordance with this part; (5) review periodically the procedures of state entities that serve individuals with a disability; (6) cooperate and coordinate with governmental entities and other organizations in the community in exercising the duties under this section, including the long-term care ombudsman program, created in Section 26B-2-303, and the child protection ombudsman, created under Section 80-2-1104, when there is overlap between the responsibilities of the ombudsman and the long-term care ombudsman program or the child protection ombudsman; (7) as appropriate, make recommendations to the division regarding rules to be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the ombudsman considers necessary to carry out the ombudsman's duties under this part; and (8) perform other duties required by law. Amended by Chapter 145, 2026 General Session

Utah Code § 26B-6-704 Investigation of complaints -- Procedures -- Rulemaking.

26B-6-704. Investigation of complaints -- Procedures -- Rulemaking. (1) Except as provided in Subsection (3), the ombudsman shall, upon receipt of a complaint, investigate the complaint. (2) An ombudsman's investigation of a complaint may include: (a) a referral to a governmental entity or other services; (b) the collection of facts, information, or documentation; (c) holding an investigatory hearing; or (d) an inspection of the premises of the person named in the complaint. (3) (a) The ombudsman may decline to investigate a complaint. (b) If the ombudsman declines to investigate a complaint, the ombudsman shall notify the complainant and the division of the declination. (4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that govern the ombudsman's process for: (a) receiving and processing complaints; and (b) conducting an investigation in accordance with this section. Renumbered and Amended by Chapter 308, 2023 General Session

Utah Code § 26B-6-705 Confidentiality of materials relating to complaints or investigations -- Rulemaking.

26B-6-705. Confidentiality of materials relating to complaints or investigations -- Rulemaking. (1) The division shall establish procedures by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure that a record maintained by the ombudsman is disclosed only at the discretion of and under the authority of the ombudsman. (2) The identity of a complainant or a party named in the complaint may not be disclosed by the ombudsman unless: (a) the complainant or a legal representative of the complainant consents to the disclosure; (b) disclosure is ordered by a court of competent jurisdiction; or (c) the disclosure is approved by the ombudsman and is made, as part of an investigation involving the complainant, to an agency or entity in the community that: (i) has statutory responsibility for the complainant, over the action alleged in the complaint, or another party named in the complaint; (ii) is able to assist the ombudsman to achieve resolution of the complaint; or (iii) is able to provide expertise that would benefit the complainant. (3) Neither the ombudsman nor the ombudsman's designee may be required to testify in court with respect to confidential matters, except as the court finds necessary to enforce this part. Renumbered and Amended by Chapter 308, 2023 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title26B/Chapter6/26B-6-P7.html?v=C26B-6-P7_2023050320230503Fetched: 10/26/2026