DAR File No. 38896
This notice was published in the November 1, 2014, issue (Vol. 2014, No. 21) of the Utah State Bulletin.
Pardons (Board Of), Administration
Rule R671-309
Impartial Hearings
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 38896
Filed: 10/02/2014 04:41:25 PM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Section 77-27-9 authorizes the Board of Pardons and Parole to conduct hearings. Impartiality must be maintained by recusing a hearing officer or Board member who has a conflict of interest. Ex parte communication would jeopardize the impartiality of the hearing and is not allowed.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No comments have been received.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
The public and offenders must have confidence that the Board is making decisions impartially. The rule provides for the recusal of hearing officers or Board members and an avenue for an offender to appeal if the offender believes the officer has a conflict of interest. Ex parte communication is not allowed so that both parties can respond to any information used by the Board. Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Pardons (Board Of)AdministrationRoom 300
448 E 6400 S
SALT LAKE CITY, UT 84107-8530
Direct questions regarding this rule to:
- Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at [email protected]
Effective:
10/02/2014
Authorized by:
Angela Micklos, Chair
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20141101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Division of Administrative Rules.