DAR File No. 39137

This rule was published in the March 1, 2015, issue (Vol. 2015, No. 5) of the Utah State Bulletin.


Pardons (Board Of), Administration

Section R671-305-1

Board Decisions and Orders

Notice of Proposed Rule

(Amendment)

DAR File No.: 39137
Filed: 02/12/2015 08:37:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed change expands and clarifies when the Board will issue a written rationale sheet along with its decision and order. The rationale sheet provides additional explanation to the individual and the public about the reasoning behind the Board's decision.

Summary of the rule or change:

The proposed change lists the types of hearings when the Board will issue a rationale sheet to accompany its order.

State statutory or constitutional authorization for this rule:

  • Subsection 77-27-9(4)(a)
  • Article VII, Section 12
  • Subsection 63G-3-201(3)
  • Section 77-27-10

Anticipated cost or savings to:

the state budget:

Although some additional work is required to create the rationale sheet the Board will absorb the increase within existing resources.

local governments:

The proposed change does not impact local government because the proposed rule affects only the operations of the board. No requirements are placed on local government.

small businesses:

The proposed change does not impact local government because the proposed rule affects only the operations of the board. No requirements are placed on small businesses.

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

The proposed change only affects internal operations by requiring the Board to provide additional information to the individual and to the public. There are no compliance costs or actions required from any other persons.

Compliance costs for affected persons:

The proposed change provides additional information to the individual but there is no cost for compliance or any action required from the individual.

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

The proposed rule does not have any fiscal impact on business because the rule applies to internal Board operations. The proposed rule increases the number of circumstances in which the Board will provide a rationale sheet to the involved individual and the public. There are no compliance costs or actions required of anyone outside of the Board.

Angela Micklos, Chair

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 gregjohnson@utah.gov

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:

03/31/2015

Interested persons may attend a public hearing regarding this rule:

  • 03/09/2015 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT

This rule may become effective on:

04/07/2015

Authorized by:

Angela Micklos, Chair

RULE TEXT

R671. Pardons (Board of), Administration.

R671-305. Board Decisions and Orders.

R671-305-1. Board Decisions and Orders.

Decisions of the Board will be [reached by, or ratified by, a majority vote and ]reduced to a written order[writing,]. [including ]Orders entered following original hearings, re-hearings, special attention hearings, parole violation hearings, evidentiary hearings, and rescission hearings will be accompanied by a brief rationale for the [decision]order. The Board's written [decisions and ]orders and rationale statements are public documents. A copy[Copies] of the [Board's decision]order, and rationale statement if entered, shall be provided or mailed to the [offender]person who is the subject of the [decision]order. The Board shall maintain a copy of all [decisions rendered]orders entered in each case. The Board may publish its [decisions]orders on its website [or other forum or in other forms, ]at its discretion and convenience.

 

KEY: government hearings

Date of Enactment or Last Substantive Amendment: [October 4, 2012]2015

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: Art VII, Sec 12; 63G-3-201(3); 77-27-9(4)(a); 77-27-10

 


Additional Information

More information about a Notice of Proposed Rule 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/2015/b20150301.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

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 gregjohnson@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.