NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Health and Human Services, Administration
Multi-Agency State Office Building
Salt Lake City, UT 84114-2003
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R380-100. Americans with Disabilities Act Grievance Procedures
B. Purpose of the new rule or reason for the change:
Upon internal review, the Department of Health and Human Services (department) determined this rule should be updated to clarify definitions and the procedures for processing alleged ADA/Title II grievances against the department.
Additionally, HB 384, passed in the 2026 General Session, updated the title of the department's "executive director" to "commissioner," making it necessary to update that term in this rule.
C. Summary of the new rule or change:
This filing updates citations relevant to this rule and clarifies definitions and procedures for processing alleged ADA/Title II grievances against the department.
It updates language to match wording in statute, use consistent phrasing for clarity, and align with current practice.
It also replaces the phrase "executive director" with "commissioner."
Additionally, this filing makes style and formatting changes to comply with the Rulewriting Manual for Utah and align with other rules under the department.
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
HB 384 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
There is no anticipated fiscal impact on the state budget, as this filing clarifies the role of different positions in the existing process for complaints and does not add to, modify, or remove any responsibilities or restrictions of the department.
There is no anticipated fiscal impact on local governments, as this rule does not apply to this group.
C. Small businesses ("small business" means a business employing 1-49 persons):
There is no anticipated fiscal impact on small businesses, as this rule does not apply to this group.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There is no anticipated fiscal impact on small businesses, as this rule does not apply to this group.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
There is no anticipated fiscal impact on other persons, who are the individuals who file a complaint, as this filing clarifies the role of different positions within the department in the existing process for complaints and does not add to, modify, or remove any responsibilities or restrictions of an individual filing a complaint.
F. Compliance costs for affected persons:
There are no anticipated compliance costs for the state or other persons as a result of this filing, as this filing clarifies the role of different positions within the department in the existing process for complaints.
This filing does not add to, modify, or remove any responsibilities or restrictions of the department or an individual filing a complaint.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Health and Human Services, Tracy S. Gruber, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Tracy S. Gruber, Commissioner
R380. Health and Human Services, Administration.
R380-100. Americans with Disabilities Act Grievance Procedures.
R380-100-1. Authority and Purpose.
(1)(a) [This rule is made under authority of ]Section 26B-1-202 and Subsection 63G-3-201(3) authorize this rule. (b) As required by 28 CFR 35.107, the Utah Department of Health and Human Services, as a public entity that employs more than 50 persons, adopts and publishes the grievance procedures within this rule for the prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131 through 12134, as amended. (2)(a) Th[e purpose of th]is rule [is to ]implements 28 CFR 35, which [in turn ]implements Title II of the ADA[Americans with Disabilities Act], [which provides]providing that no individual shall be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by the department because of a disability. (b) This rule ensures any person with a disability is afforded an equal opportunity to benefit from department services, programs, and activities. R380-100-2. Definitions.
(1) "ADA [C]coordinator" means the employee assigned by the commissioner[executive director] to investigate [and]or facilitate the prompt and equitable resolution of a complaint[s] filed by a qualified [persons]individual with a disabilit[ies]y.[ The ADA coordinator may be a representative of the Department of Human Resource Management assigned to the Department.] (2) "Commissioner" means the commissioner of the department. (3) "Delegated representative" means an individual delegated by the commissioner to assist with an appeal, as described in Section R380-100-6. (4) "Department" means the Department of Health and Human Services. ([3]5)(a) "Designee" means an individual [appointed]designated by the [executive director or a ]director to investigate allegations of Title II ADA noncompliance in the event the ADA coordinator is unable or unwilling to conduct an investigation for any reason, including a conflict of interest. (b) A designee does not have to be an employee of the department.[; however, the designee must have a working knowledge of the responsibilities and obligations required of employers and employees by the ADA.] ([4]6) "Director" means the head of the department's [division]operational unit [of the department ]affected by a complaint filed under this rule. ([5]7)(a) "Disability" means a physical or mental impairment that substantially limits at least one major life activity for a person. (b) An individual is considered a person with a disability if that individual: (ii) has a history or record of a disability; or (iii) is regarded as having a disability.[, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (6) "Executive Director" means the executive director of the department.] ([7]8) "Major life activity[ies]" means (j) performing manual tasks; (s) the operation of a major bodily function, including: (iv) circulatory function; (vii) immune system function; (viii) neurological function; (xi) respiratory function; or (t) anything else the department determines to be a major life activity[include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, and working. A major life activity also includes the operation of a major bodily function, such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions].(9)(a) "Operational unit" or "OU" means an agency within the department, including a division, office, or standalone operation, whose director reports to the commissioner, a deputy commissioner, or an assistant deputy commissioner. (b) The Utah State Hospital and the Utah State Developmental Center are each considered an OU. [(8)](10) "Qualified [I]individual" means an individual who meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the department, regardless of whether that individual has: (a) any reasonable modification to a rule, policy, or practice; (b) the removal of any architectural, communication, or transportation barrier; or (c) the provision of auxiliary aid and services.[ A "qualified individual" is also an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that individual holds or desires.] R380-100-3. Filing of Complaints.
(1) Any qualified individual may file a complaint alleging noncompliance with Title II of the ADA[Americans with Disabilities Act], as amended[, or the federal regulations promulgated thereunder]. (2)(a) [Q]The qualified individual[s] shall file the[ir] complaint[s] with the department's ADA coordinator[, unless the complaint alleges that the ADA coordinator was non-compliant, in which case qualified individuals shall file their complaints with the department's designee. (3) Qualified individuals shall file their complaints] within 90 days after the date of the alleged noncompliance to facilitate the prompt and effective consideration of pertinent facts and appropriate remedies. This complaint may be filed by: (i) following the instructions on the disability ombuds services page of the ombuds services website; (ii) emailing dhhscustomerexperience@utah.gov; (iii) calling 801-538-4580; or (iv) mailing the complaint to: Multi-Agency State Office Building Utah Department of Health and Human Services Office of Ombudsman - 1st Floor (b)[; however, the executive director] The commissioner [has the discretion to direct that the grievance process be utilized to address]may direct the ADA coordinator to process a legitimate complaint[s] filed more than 90 days after the alleged noncompliance. ([4]3) Each complaint shall: (a) include the complainant's name[ and], mailing or email address, and phone number; (b) describe[include] the nature and extent of the individual's disability; (c) describe the action the complainant alleges is prohibited by Title II of the ADA[department's alleged discriminatory action] in sufficient detail to inform the department of the nature and date of the alleged violation; (d) describe the desired modification or resolution to the alleged prohibited action that the complainant is seeking[action and accommodation desired]; and (e) [be signed by the complainant or by a legal representative]if the complaint is being submitted on behalf of the complainant, provide documentation confirming the person submitting the complaint is an authorized representative for the complainant. (5) [C]Any complaint[s] filed on behalf of a class[es] or third party[ies] shall describe or identify by name, if possible, [the]any individual who the complaint allege[d]s was subjected to an action prohibited by Title II of the ADA[victims of discrimination]. (6) If the complaint is not submitted in writing, the ADA coordinator or designee shall transcribe or otherwise [reduce]make a written record of the complaint[ to writing] upon receipt of the complaint. (7) By [the ]filing [of ]a complaint or a subsequent appeal, the complainant authorizes necessary parties to conduct a [confidential ]review of relevant information, including: (a) records classified as private or controlled under [the Government Records Access and Management Act, ]Subsection 63G-2-302(1)(b) and Section 63G-2-304[,]; [consistent with 42 U.S.C. 12112(d)(4)(A), (B), and (C) and 42 U.S.C. Section 12112(d)(3)(B) and (C), ]and (b) relevant information otherwise protected by statute, rule, regulation, or other law. R380-100-4. Investigation of Complaints.
(1) The ADA coordinator or designee shall investigate each complaint[s] to the extent necessary to assure relevant facts are collected and documented[. This may], including[e] gathering [all]any applicable information [listed]described in Subsections R380-100-3(4) and R380-100-3(7) [of this rule ]if [it is]the complainant has not already provided that information[ not made available by the complainant]. (2) [T]In making a recommendation, the ADA coordinator or designee may [seek assistance from]consult with the: (a) [the ]Attorney General's staff[, and]; (b) [the ]department's human resource [and]or budget staff; or[ in determining what action, if any, should be taken on the complaint. The ADA coordinator or designee may also consult with ] (c) [the ]director of the affected [division]OU[ in making a recommendation]. (3)(a) [T]Before making any recommendation described in Subsection (3)(b), the ADA coordinator or designee [shall]may consult with a representative[s] from [other]each state agency[ies] that may be affected by the [decision]recommendation, including the: (i) Governor's Office of Planning and Budget[,]; (ii) [the Department of Human Resource Management, the Division of Risk Management, the ]Division of Facilities Construction and Management[,]; and (iii) [the ]Office of the Attorney General[ before ]. (b) The ADA coordinator or designee may consult with each potentially affected state agency, as described in Subsection (3)(a), before making any recommendation that would: ([a]i) involve an expenditure of funds that would require a separate appropriation beyond [what is reasonably able to ]a reasonable modification[be accommodated within the applicable] to an existing applicable line item[ so that it would require a separate appropriation]; or([b]ii) require a facility modification[s].[; or (c) require reassignment to a different position.] R380-100-5. Recommendation and Decision.
(1)(a) Within [15]30 working days after receiving [the]a complaint, the ADA coordinator or designee shall submit a written recommendation to the director indicating what action, if any, the ADA coordinator or designee believes should be taken on the complaint.[ The recommendation shall be in writing or in another accessible format suitable to the complainant.] ([2]b) If the ADA coordinator or designee cannot make a recommendation within the [15]30 working day period described in Subsection (1)(a), the ADA coordinator or designee shall notify the complainant [shall be notified ]in writing, or [in ]another accessible format suitable to the complainant, [stating ]and specify in that notification the reason for the delay [why the recommendation is delayed ]and what additional time is needed to make the recommendation. ([3]2)(a) [The director may confer with the ADA coordinator or designee and the complainant and may accept or change the recommendation to resolve the complaint. ]The director shall provide a written decision indicating whether the director accepts, rejects, or will modify the ADA coordinator or designee's recommendation[make a decision] within 15 working days after [the director's receipt of]receiving the recommendation[ from the ADA coordinator or designee]. (b) If the director cannot make a decision within the 15 working day period described in Subsection (3)(a), the director shall notify the complainant in writing, or another accessible format suitable to the complainant, and specify in that notification the reason for the delay and what additional time is needed to make the decision. (4) [The director shall take reasonable steps to implement the decision. ]The [director]ADA coordinator or designee shall ensure the director's decision [shall be]is delivered to the complainant in writing, or [in ]another accessible format suitable to the complainant[, and shall be promptly delivered to the complainant]. (5) Once the director has made a decision on the ADA coordinator or designee's recommendation, the director shall take reasonable steps, as necessary, to implement the decision. R380-100-6. Appeals.
(1)(a) [The]A complainant may appeal the director's decision to the [executive director]commissioner within ten working days after the complainant['s] [receipt of]receives the director's decision. ([2]b) [The]Any appeal shall be in writing, or [in ]another accessible format [reasonably suited]suitable to the complainant['s ability], and describe in sufficient detail why the decision does not effectively address the complainant's needs. ([3]2)(a) The [executive director]commissioner may name a [designee]delegated representative to assist [on]with the appeal. (b) The delegated representative may not be the: (i) ADA coordinator or designee; or[ and] (ii) the director['s designee may not also be the executive director's designee for the appeal].[ (4) In the appeal the complainant shall describe in sufficient detail why the decision does not effectively address the complainant's needs.] ([5]3)(a) The [executive director or designee]commissioner or delegated representative shall review the ADA coordinator or designee's recommendation, the director's decision, and [the]each point[s] raised [on]through the appeal before reaching a decision. (b) The [executive director]commissioner may direct additional investigation as necessary. (c)(i) [T]Before making any decision described in Subsection (3)(c)(ii), the [executive director]commissioner or delegated representative [shall]may consult with a representative[s] from [other]each state agency[ies] that would be affected by the decision, including the: (A) Governor's Office of Planning and Budget[,]; (B) [the Department of Human Resource Management, the Division of Risk Management, the] Division of Facilities Construction and Management[,]; and (C) [the] Office of the Attorney General. (ii) The commissioner or delegated representative may consult with each potentially affected state agency, as described in Subsection (3)(c)(i), before making any decision that would: ([a]A) involve an expenditure of funds that would require a separate appropriation beyond a reasonable modification to an existing[what is reasonably able to be accommodated within the] applicable line item[ so that it would require a separate appropriation]; or ([b]B) require a facility modification[s].[; or (c) require reassignment to a different position.] ([6]4)(a) The [executive director]commissioner or delegated representative shall issue a final decision within 15 working days after receiving the complainant's appeal[. The decision shall be] in writing, or [in ]another accessible format suitable to the complainant[, and shall be promptly delivered to the complainant]. ([7]b) If the [executive director]commissioner or [designee]delegated representative cannot reach a final decision within the 15 working day period described in Subsection (4)(a), the commissioner or delegated representative shall notify the complainant [shall be notified ]in writing, or [by ]another accessible format suitable to the complainant, [why the final decision is being]and specify in that notification the reason for the delay[ed] and [the]what additional time is needed to reach a final decision. R380-100-7. Record Classification.
(1) Any [R]record[s] created [in]through administering this rule [are]is classified as ["]protected["] under Subsections 63G-2-305(9), 63G-2-305(22), 63G-2-305(24), and 63G-2-305(25). (2) After issuing a decision under Section R380-100-5 or a final decision upon appeal under Section R380-100-6, any portion[s] of the record pertaining to [the]a complainant's medical condition shall be classified as ["]private["] under Subsection 63G-2-302(1)(b) or ["]controlled["] under Section 63G-2-304, [consistent with 42 U.S.C. 12112(d)(4)(A), (B), and (C) and 42 U.S.C. 12112(d)(3)(B) and (C), at the option of the ADA coordinator]as deemed appropriate by the ADA coordinator or designee. (3) [The]Each director or commissioner's written decision [of the division director or executive director ]shall be classified as ["]public[,"]. (4) [and] [a]Any other record[s], except a controlled record[s] under Subsection [R380-100-7](2), shall be classified as ["]private.["] R380-100-8. Relationship to Other Laws.This rule does not prohibit or limit the use of any remedy[ies] available to an individual[s] under: ([a]1) [the state Anti-Discrimination Complaint Procedures, Section 34A-5-107, and Section 67-19-32; (b) ]the [F]federal ADA Complaint Procedures, 28 CFR 35.170 through 28 CFR 35.178; or ([c]2) any other [Utah State]state or federal law that provides equal or greater protection for the rights of individuals with disabilities. KEY: grievance procedures, disabled persons
Date of Last Change: [June 5, 2023]2026 Notice of Continuation: April 15, 2022
Authorizing, and Implemented or Interpreted Law: 26B-1-202; 63G-3-[10]201([2]3) !--dar--
