Pardons (Board Of), Administration

Rule R671-302

News Media and Public Access to Hearings

Notice of Proposed Rule

(Amendment)

DAR File No.: 36569
Filed: 07/31/2012 09:50:22 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes procedures for news media and public access to hearings. Agency action, and this administrative rule, are authorized and required by Subsection 63G-3-201(3). The Board has statutory authority to enact administrative rules, pursuant to Section 77-27-1 et seq. and Subsection 77-27-9(4)(a).

Summary of the rule or change:

This rule change clarifies procedures for news media and public access to hearings.

State statutory or constitutional authorization for this rule:

• Subsection 63G-3-201(3)
• Section 77-27-1 et seq.
• Subsection 77-27-9(4)(a)

Anticipated cost or savings to:

the state budget:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to the state budget. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

local governments:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

small businesses:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

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

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

Compliance costs for affected persons:

There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

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

The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 07/16/2012 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board.

Clark A. Harms, Chairman

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:

• John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, 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:

09/14/2012

This rule may become effective on:

09/21/2012

Authorized by:

Clark Harms, Chairman

R671. Pardons (Board of), Administration.

R671-302. News Media and Public Access to Hearings.

R671-302-2. Limited Seating.

When the number of people wishing to attend a hearing exceeds the seating capacity of the room [where]in which the hearing will be conducted, priority for admission and seating shall be given to:

1. Individuals involved in the hearing

2. Victim(s) of record.

3. Up to five people selected by the victim(s) of record.

4. Up to five people selected by the offender .

5. Officials designated or approved by the Board.

[5.]6. Up to five members of the news media as allocated by the Board or its designee[ (see RESERVED MEDIA SEATING)].

[6.]7. Members of the public and media on a first[-]come[, first served] basis.

 

R671-302-3. Security and Conduct.

All attendees are subject to prison security requirements and must conduct themselves in a manner which does not interfere with the orderly conduct of the hearing. Any individual causing a disturbance or engaging in behavior deemed by the Board to be disruptive of the proceeding may be ordered to leave and security personnel may be requested to escort the individual from the premises. All persons granted admission to a hearing must have a picture [I]identification and subject themselves to the security regulations of the custodial facility.

 

R671-302-4. Executive Session.

Board [E]executive sessions are closed sessions with no access. No filming, recording or transmitting of executive session portions of any hearing will be allowed.

 

R671-302-5. News Media Equipment.

(a) Subject to prior approval by the Board or its designee[ (see APPROVING EQUIPMENT)], [the] news agency representatives will be permitted to operate photographic, recording or transmitting equipment during the public portions of any hearing. When more than one news agency requests permission to use photographic, recording or transmitting equipment, a pooling arrangement may be required.

(b) When it is determined by the Board or its designee, that any such equipment or operators of that equipment are causing a disturbance, are interfering with, or have the potential to cause a disturbance or interfere with [the holding of] an orderly, fair and impartial hearing, [or are causing a disturbance or interfering with the holding of a fair and impartial hearing,] restrictions may be imposed to eliminate those problems.

(c) Any instant uploading of images recorded at the site of a hearing, or while a hearing is in progress, must be approved by the Board or its designee in advance of the hearing.

Photographing, recording and/or transmitting the image of a victim testifying before the Board [will be]is prohibited unless approved by the victim and the individual presiding over the hearing.

 

R671-302-7. Approving Equipment.

[If the request is to use photographic, recording or transmitting equipment, at least 48 hours prior to a regularly scheduled hearing and 96 hours prior to a Commutation Hearing, it will be the responsibility of a representative of the news agency making the request to confer with the designated staff member of the Board to work out the details. If the designated staff member is unfamiliar with the equipment proposed to be used, he may require that a demonstration be performed to determine if it is likely to be intrusive, cause a disturbance or will inhibit the holding of a fair and impartial hearing in any way. Any equipment causing a disturbance or distraction will be removed from the premises.

Video tape or "on air" type cameras and still cameras shall be deemed to be approved equipment.](a) Requests to use photographic, recording or transmitting equipment, must be made at least forty-eight (48) hours prior to a regularly scheduled hearing and ninety-six (96) hours prior to a Commutation Hearing.

(b) It is the responsibility of the news agency, or their representative, making the request to contact and confer with the Board's designee in order to work out logistical, access and all other details of such use.

(c) If the Board's designee is unfamiliar with the equipment proposed to be used, he or she may require that a demonstration be performed to determine if it is likely to be intrude, disturb or inhibit the orderly, fair and impartial hearing in any way. Any equipment causing a disturbance or distraction will be removed from the premises.

(d) Digital cameras and recording equipment are approved equipment.

(e) If [the] equipment is approved for use at a hearing, its location and mode of operation shall be approved in advance by the Board's designee.[designated staff member and it] Any approved equipment will remain in a stationary position during the entire hearing and will be operated as unobtrusively as possible.[

There will be no artificial light used.]

(f) No artificial lighting may be used during a hearing, or in the hearing room, in conjunction with the use of any photographic, recording or transmitting equipment.

(g) If there are multiple request s for the same type of equipment, [the] news agencies will be required to make pool arrangements, as no more than one piece of the same type of equipment will be allowed. If no agreement can be reached regarding pooling arrangements, [on who the pool representative will be,] the Board, or its designee, will [draw a name at random]make the determination and assignment.[ All those wishing to be a pool representative must make their request known in advance, identifying the specific hearing and agree to fully cooperate with all pool arrangements.] Any news agency or representative so designated and assigned as the pool representative shall promptly provide all photographs, recordings or footage to all other media agencies and personnel who are deemed a part of the pool.

 

R671-302-8. Reserved Media Seating.

(a) If [there are] five or fewer requests for media seating are received prior to the deadline, [the]all requests will be approved. If more than five requests for media seating are received[are made], the Board's designee will allocate the seating based on a pool arrangement. Each media category will select its own representative(s). If no agreement can be reached regarding pool[on who the] representative(s)[ will be], the Board's designee will [draw names at random]make the determination and assignment. [All those]Any person wishing to be a pool representative must agree in advance to fully cooperate with all pool arrangements.

(b) One seat will be allocated to each of the following media categories:

1. Local daily newspapers with statewide circulation;

2. Major wire services with local bureaus;

3. Local television stations with regularly scheduled daily newscasts ;

4. Local radio stations with regularly scheduled daily newscasts ;

5. [Daily, weekly or monthly publications (in that order) with priority given to the area where the offense occurred]Web-based media.

6. If the requests submitted do not fill all of the above categories, a seat will be allocated to a representative of a major wire service with no local bureau or a national publication (in that order).

7. If seats remain unfilled, one additional seat will be allocated to the categories in the above order until all seats are filled. No news agency will have more than one individual assigned to reserved media seating unless all other requests have been satisfied.

 

KEY: news agencies

Date of Enactment or Last Substantive Amendment: [November 21, 2002]2012

Notice of Continuation: January 31, 2012

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