DAR File No. 39890
This rule was published in the November 15, 2015, issue (Vol. 2015, No. 22) of the Utah State Bulletin.
Public Safety, Criminal Investigations and Technical Services, Criminal Identification
Rule R722-360
Certificate of Removal from the Sex Offender and Kidnap Registry
Notice of Proposed Rule
(Amendment)
DAR File No.: 39890
Filed: 10/29/2015 08:48:40 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to clarify that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry, and change a statutory reference due to renumbering.
Summary of the rule or change:
Clarification that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry, and change made to a statutory reference due to renumbering.
State statutory or constitutional authorization for this rule:
- Section 77-41-112
- Section 77-41-102
- Subsection 63G-4-203(1)
- Subsection 77-40-102(11)
- Subsection 53-10-104(13)
Anticipated cost or savings to:
the state budget:
There is no aggregate anticipated cost or savings to the state budget. This amendment clarifies that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry. The rule change will not affect the state budget nor are there any anticipated costs or savings.
local governments:
There is no aggregate anticipated cost or savings to local government. This amendment clarifies that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry. The rule change will not affect local government nor are there any anticipated costs or savings.
small businesses:
There is no aggregate anticipated cost or savings to small businesses. This amendment clarifies that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry. The rule change will not affect small businesses nor are there any anticipated costs or savings.
persons other than small businesses, businesses, or local governmental entities:
There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This amendment clarifies that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry. The rule change will not affect persons other than small businesses, businesses, or local government entities nor are there any anticipated costs or savings.
Compliance costs for affected persons:
No compliance costs. As this amended rule addresses the clarification that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry there are no anticipated costs for affected persons addressed in the cost information above.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule amendment and found no anticipated fiscal impact on business.
Keith D. Squires, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Public SafetyCriminal 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
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@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:
12/15/2015
This rule may become effective on:
12/22/2015
Authorized by:
Alice Moffat, Bureau Chief
RULE TEXT
R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.
R722-360. Certificate of Eligibility for Removal from the Sex Offender and Kidnap Offender Registry.
R722-360-1. Purpose.
The purpose of this rule is to establish procedures by which a petitioner may seek a certificate of eligibility for removal from the Utah Sex Offender and Kidnap Offender Registry (SOR) pursuant to Section 77-41-112.
R722-360-2. Authority.
This rule is authorized by Subsection 63G-4-203(1).
R722-360-3. Definitions.
(1) Terms used in this rule are defined in Section 77-41-102.
(2) In addition:
(a) "
SOR certificate of [removal]eligibility"
has the same meaning as "certificate of eligibility"
as defined in Subsection 77-41-102(3)[means a document issued by the bureau indicating that the
petitioner meets the requirements found in Subsections
77-41-112(1)(b) and (d)];
(b) "petitioner" means a person
seeking [a]
an SOR certificate of
eligibility[removal] from the bureau; and
(c) "traffic offense" [means the same thing]has the same meaning as defined in Subsection 77-40-102[(10)](11).
R722-360-4. Application for a Certificate of Eligibility for Removal.
(1)(a) A person may apply for [a]an SOR certificate of
eligibility[removal] by submitting a completed Application for
Removal of Name from the Sex Offender/Kidnap Registry form to the
bureau.
(b) The application form must be accompanied by a payment of the application fee established by the bureau in the form of cash, check, money order, or credit card.
(2)(a) Upon receipt of a completed
application form and payment of the application fee, the bureau
shall review each criminal episode contained on the
petitioner's criminal history, in its entirety, to determine
whether the petitioner meets the requirements for [a]an SOR certificate of
eligibility[removal] found in Subsections 77-41-112(1)(b) and
(d).
(b) In making its determination, the bureau shall also review all federal, state and local criminal records, to which it has access.
(3) If the bureau has insufficient
information to determine whether the petitioner meets the
requirements for [a]an SOR certificate of
eligibility[removal], the bureau may require the petitioner to
submit additional information.
(4) If the bureau finds that the
petitioner meets the requirements for the issuance of [a]an SOR certificate of
eligibility[removal], the bureau shall send a letter to the
petitioner, at the address indicated on the application form,
indicating that the petitioner must pay the issuance fee
established by the bureau in order to receive the
SOR certificate of
eligibility[removal].
(5) If the bureau finds that the
petitioner does not meet the criteria for the issuance of [a]an SOR certificate of
eligibility[removal], the bureau shall send a letter to the
petitioner, at the address indicated on the application form, which
describes the reasons why the petitioner's application was
denied and notifies the petitioner that the petitioner may seek
agency review of the bureau's decision by following the
procedures outlined in R722-360-5.
R722-360-5. Agency Review of a Decision to Deny an Application for a Certificate of Eligibility for Removal.
(1) A petitioner may seek agency review of
the denial of an application for [a]an SOR certificate of
eligibility[removal], as provided by Section 63G-4-301, by
mailing a written request for review to the bureau within 30 days
from the date the denial letter is issued.
(2) The request for agency review must:
(a) be signed by the petitioner;
(b) state the specific grounds upon which relief is requested;
(c) indicate the date upon which it was mailed; and
(d) include documentation which supports the petitioner's request for review.
(3) An employee of the bureau shall be
designated to review the petitioner's written request, any
accompanying documents supplied by the petitioner, and the
materials contained in the application file to determine whether
the petitioner meets the requirements for [a]an SOR certificate of
eligibility[removal].
(4)(a) Within a reasonable time after receiving the request for review, the bureau shall issue a final written order on review, which shall be mailed to the petitioner at the address indicated on the application.
(b) If further review indicates that the
petitioner meets the requirements for the issuance of [a]an SOR certificate of
eligibility[removal], the order shall indicate that the
petitioner must pay the issuance fee before receiving the
SOR certificate of
eligibility[removal].
(c) If further review indicates that the
petitioner does not meet the requirements for [a]an SOR certificate of
eligibility[removal], the order shall describe the reasons why
the bureau's decision was upheld and notify the petitioner that
the petitioner's opportunity to review the bureau's
decision is limited to review by the district court as described in
R722-360-6.
R722-360-6. Judicial Review.
A petitioner may seek judicial review of
the bureau's final written order on review denying an
application for [a]
an SOR certificate of
eligibility[removal], as provided by Section 63G-4-402, by
filing a complaint in the district court within 30 days from the
date that the bureau's final written order is issued.
KEY: certificate of eligibility for removal, sex offender registry, kidnap offender registry
Date of Enactment or Last Substantive Amendment: [March 25, 2013]2015
Authorizing, and Implemented or Interpreted Law: 63G-4-203(1);
77-41-112; 77-41-102; 77-40-102[(10)](11)
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/b20151115.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 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; Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.