1. (1) The executive director may:

   1. (a) debar or suspend a person from consideration for an award of a contract for a human services procurement item for any amount of time in accordance with the process described in Subsection 63G-6a-904(1); and
   2. (b) obtain the recommendation of the council before debarring or suspending the person.

2. (2) The council shall recommend that the executive director debar or suspend a person for an award of a contract for a human services procurement item if the person:

   1. (a) is convicted of a criminal offense:

      1. (i) for actions taken to obtain or perform under a public or private contract;
      2. (ii) for embezzlement, fraud, theft, forgery, bribery, falsification or destruction of records, or receiving stolen property; or
      3. (iii) under Title 76, Chapter 16, Part 5, Antitrust Offenses, or another antitrust law;
   2. (b) fails, without good cause, to perform in accordance with the terms of a contract with the department;
   3. (c) commits two or more violations of department rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
   4. (d) violates this chapter;
   5. (e) poses a significant risk of harm to department clients or the department;
   6. (f) is barred or suspended from providing services to another governmental agency; or
   7. (g) takes another action that the council determines is fraudulent or substantially affects the person's ability to perform under a contract with the department for a human services procurement item.

Amended by Chapter 173, 2025 General Session