DAR File No. 39758

This notice was published in the October 15, 2015, issue (Vol. 2015, No. 20) of the Utah State Bulletin.


Public Safety, Criminal Investigations and Technical Services, Criminal Identification

Rule R722-350

Certificate of Eligibility

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39758
Filed: 09/17/2015 04:01:11 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:

The Utah Department of Public Safety Bureau of Criminal Identification has been tasked in Title 77, Chapter 40 to: 1) accept applications for certificates of eligibility; 2) determine eligibility to expunge certain offenses from criminal history records of the state of Utah and the FBI; 3) issue certificates of eligibility for eligible offenses; and 4) accept orders of expungement and remove records from the Utah Criminal History system and forward expungement request to the FBI for removal from records maintained there. This rule is established to outline a process by which the Bureau of Criminal Identification can administer, manage, and maintain the tasks above.

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 written comments were received during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The requirement to administer, manage, and maintain the certificate of eligibility process is statutorily required and the need to continue with the current rule still exists. 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:

Public Safety
Criminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118

Direct questions regarding this rule to:

  • Alice Moffat at the above address, by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov

Effective:

09/17/2015

Authorized by:

Alice Moffat, Bureau Chief


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/2015/b20151015.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 Alice Moffat at the above address, by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.