DAR File No. 37232

Public Safety, Criminal Investigations and Technical Services, Criminal Identification

Rule R722-360

Certificate of Removal from the Sex Offender and Kidnap Offender Registry

Notice of Proposed Rule

(New Rule)

DAR File No.: 37232
Filed: 01/29/2013 05:19:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish procedures by which a petitioner may seek a certificate of removal pursuant to Section 77-41-112, and to carry out the statute change in H.B. 13 (2012 General Session).

Summary of the rule or change:

This rule establishes procedures for applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry, agency review of a decision to deny an application for a certificate of removal, and judicial review.

State statutory or constitutional authorization for this rule:

• Subsection 63G-4-203(1)
• Section 77-41-112
• Section 77-41-102
• Section 77-40-102(10)

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to state budget. This proposed rule addresses the actual procedures of applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry and the adjudication proceedings. This program is intended to be cost neutral, non-revenue generating, and the fees associated with the certificate of removal application and issuance are intended to merely cover the cost of administering the program.

local governments:

There is no aggregate anticipated cost or savings to local government. This proposed rule addresses the actual procedures of applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry and the adjudication proceedings. Thus, no aggregate cost or savings to local government is anticipated.

small businesses:

There is no aggregate anticipated cost or savings to small businesses. This proposed rule addresses the actual procedures of applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry and the adjudication proceedings. Thus, no aggregate cost or savings to small businesses is anticipated.

persons other than small businesses, businesses, or local governmental entities:

Persons applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry are assessed a $168 application fee, and a $25 fee if a certificate of removal is issued. These fees were determined in the 2012 General Session, and are intended to cover the cost of administering this program.

Compliance costs for affected persons:

Persons may seek a certificate of removal from the Sex Offender and Kidnap Offender Registry on a voluntary basis. Those seeking this service will be required to pay a $168 application fee, and a $25 fee if a certificate of removal is issued.

Comments by the department head on the fiscal impact the rule may have on businesses:

This should not have any particular fiscal impact on businesses. This rule implements procedures for the application and issuance of a certificate of removal according to statutory requirements, and applies to individual persons.

Lance Davenport, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Criminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118

Direct questions regarding this rule to:

• Alice Moffat at the above address, by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/18/2013

This rule may become effective on:

03/25/2013

Authorized by:

Alice Moffat, Bureau Chief

R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.

R722-360. Certificate of Removal from the Sex Offender and Kidnap Offender Registry.

R722-360-1. Purpose.

The purpose of this rule is to establish procedures by which a petitioner may seek a certificate of removal pursuant to Section 77-41-112.

 

R722-360-2. Authority.

This rule is authorized by Subsection 63G-4-203(1).

 

R722-360-3. Definitions.

(1) Terms used in this rule are defined in Section 77-41-102.

(2) In addition:

(a) "certificate of removal" means a document issued by the bureau indicating that the petitioner meets the requirements found in Subsections 77-41-112(1)(b) and (d);

(b) "petitioner" means a person seeking a certificate of removal from the bureau ; and

(c) "traffic offense" means the same thing as defined in Subsection 77-40-102(10).

 

R722-360-4. Application for a Certificate of Removal.

(1)(a) A person may apply for a certificate of removal by submitting a completed Application for Removal of Name from the Sex Offender/Kidnap Registry form to the bureau.

(b) The application form must be accompanied by a payment of the application fee established by the bureau in the form of cash, check, money order, or credit card.

(2)(a) Upon receipt of a completed application form and payment of the application fee, the bureau shall review each criminal episode contained on the petitioner's criminal history, in its entirety, to determine whether the petitioner meets the requirements for a certificate of removal found in Subsections 77-41-112(1)(b) and (d).

(b) In making its determination, the bureau shall also review all federal, state and local criminal records, to which it has access.

(3) If the bureau has insufficient information to determine whether the petitioner meets the requirements for a certificate of removal, the bureau may require the petitioner to submit additional information.

(4) If the bureau finds that the petitioner meets the requirements for the issuance of a certificate of removal, the bureau shall send a letter to the petitioner, at the address indicated on the application form, indicating that the petitioner must pay the issuance fee established by the bureau in order to receive the certificate of removal.

(5) If the bureau finds that the petitioner does not meet the criteria for the issuance of a certificate of removal, the bureau shall send a letter to the petitioner, at the address indicated on the application form, which describes the reasons why the petitioner's application was denied and notifies the petitioner that the petitioner may seek agency review of the bureau's decision by following the procedures outlined in R722-360-5.

 

R722-360-5. Agency Review of a Decision to Deny an Application for a Certificate of Removal.

(1) A petitioner may seek agency review of the denial of an application for a certificate of removal, as provided by Section 63G-4-301, by mailing a written request for review to the bureau within 30 days from the date the denial letter is issued.

(2) The request for agency review must:

(a) be signed by the petitioner;

(b) state the specific grounds upon which relief is requested;

(c) indicate the date upon which it was mailed; and

(d) include documentation which supports the petitioner's request for review.

(3) An employee of the bureau shall be designated to review the petitioner's written request, any accompanying documents supplied by the petitioner, and the materials contained in the application file to determine whether the petitioner meets the requirements for a certificate of removal.

(4)(a) Within a reasonable time after receiving the request for review, the bureau shall issue a final written order on review, which shall be mailed to the petitioner at the address indicated on the application.

(b) If further review indicates that the petitioner meets the requirements for the issuance of a certificate of removal, the order shall indicate that the petitioner must pay the issuance fee before receiving the certificate of removal.

(c) If further review indicates that the petitioner does not meet the requirements for a certificate of removal, the order shall describe the reasons why the bureau's decision was upheld and notify the petitioner that the petitioner's opportunity to review the bureau's decision is limited to review by the district court as described in R722-360-6.

 

R722-360-6. Judicial Review.

A petitioner may seek judicial review of the bureau's final written order on review denying an application for a certificate of removal, as provided by Section 63G-4-402, by filing a complaint in the district court within 30 days from the date that the bureau's final written order is issued.

 

KEY: certificate of removal, sex offender registry, kidnap offender registry

Date of Enactment or Last Substantive Amendment: 2013

Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 77-41-112; 77-41-102; 77-40-102(10)