DAR File No. 42294

Pardons (Board Of), Administration

Rule R671-202

Notification of Hearings

Notice of Proposed Rule

(Amendment)

DAR File No.: 42294
Filed: 11/01/2017 04:57:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change minor verbiage and grammar to clearly define how an offender and the public are notified of the hearing.

Summary of the rule or change:

These changes define how an offender shall be notified of the type and purpose of a personal appearance hearing, and define how public notices are posted.

Statutory or constitutional authorization for this rule:

• Subsection 63G-3-201(2)
• Subsection 77-27-9(4)(a)
• Subsection 77-27-7(1)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings because the notification of hearing does not have a fiscal impact on the state budget.

local governments:

There is no anticipated cost or savings because the notification of hearing does not have a fiscal impact on local governments.

small businesses:

There is no anticipated cost or savings because the notification of hearing does not have a fiscal impact on small businesses.

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

There is no anticipated cost or savings because the change does not affect or impact any individual, partnership, corporation, association, governmental entity, or public or private organization.

Compliance costs for affected persons:

There is no anticipated cost or savings because the change does not have a fiscal impact on affected persons.

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

There are no anticipated fiscal impacts of the change on businesses.

Chyleen Arbon, Board Chair

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Bev Uipi at the above address, by phone at 801-261-6446, by FAX at , 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:

12/15/2017

Interested persons may attend a public hearing regarding this rule:

• 12/06/2017 08:00 AM, Board of Pardons and Parole, 448 E 6400 S, Suite 300, Salt Lake City, UT

This rule may become effective on:

12/22/2017

Authorized by:

Chyleen Arbon, Chair

R671. Pardons (Board of), Administration.

R671-202. Notification of Hearings.

R671-202-1. Notification.

(1)(a) An offender [will]shall be notified of the date, time, [and ]place, and type or purpose of a personal appearance hearing at least seven calendar days in advance of the hearing, except in extraordinary circumstances[, and will be advised as to the purpose of the hearing].

(b) In extraordinary circumstances, the hearing may be conducted without the seven day notification[,].

(c) [or the]An offender may waive this notice requirement.

(2) Public notice of Board hearings [will also]shall be posted one week in advance on the Board's website (www.bop.utah.gov).[

Open public hearings are regularly scheduled by the Board at the various correctional facilities throughout the state.]

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: [October 4, 2012]2017

Notice of Continuation: January 30, 2017

Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 77-27-7(1); 77-27-9(4)(a)