DAR File No. 39544
This rule was published in the August 15, 2015, issue (Vol. 2015, No. 16) of the Utah State Bulletin.
Pardons (Board Of), Administration
Notice of 120-Day (Emergency) Rule
DAR File No.: 39544
Filed: 07/27/2015 05:04:13 PM
Purpose of the rule or reason for the change:
The sentencing guidelines published by the Sentencing Commission specify the guidelines apply unless a hearing is continued according to Board rule. At this time, the Board does not have a published rule about continuing hearings. A rule must be enacted to comply with the sentencing guidelines.
Summary of the rule or change:
The rule defines the conditions when a hearing may be continued and limits the time a hearing may be continued without a majority vote of the Board. The rule prohibits continuing a hearing beyond the expiration of the sentence. (DAR NOTE: A proposed new Rule R671-204 is under DAR No. 39545 in this issue, August 15, 2015, of the Bulletin.)
Emergency rule reason and justification:
Regular rulemaking procedures would place the agency in violation of federal or state law.
Justification: The sentencing guidelines are created by the Utah Sentencing Commission. The guidelines are applicable to a case unless a hearing is continued according Board rule. The Board must create a rule to comply with the sentencing guidelines.
State statutory or constitutional authorization for this rule:
- Section 77-27-7
Anticipated cost or savings to:
the state budget:
The Board currently continues hearings by practice but does not have a rule in place. The rule creates more transparency about how the Board operates but will not increase costs or create savings.
Local governments do not participate in Board hearings and will not be affected by this rule.
This rule governs how the Board continues hearings. No requirements are imposed on small business. Small business does not participate in Board hearings.
persons other than small businesses, businesses, or local governmental entities:
The rule creates an avenue for an inmate or victim to request a continuance.
Compliance costs for affected persons:
The Board does not charge for hearings or continuances. There are no compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
Parole hearings are conducted with individuals in prison. Businesses do not have a role in the parole hearing.
Angela Micklos, Board 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)
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 firstname.lastname@example.org
This rule is effective on:
Angela Micklos, Chair
R671. Pardons (Board of), Administration.
More information about a Notice of 120-Day (Emergency) 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/b20150815.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.
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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@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.