DAR File No. 41615

Pardons (Board Of), Administration

Rule R671-202

Notification of Hearings

Notice of Proposed Rule

(Amendment)

DAR File No.: 41615
Filed: 05/10/2017 02:22:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to make a few minor verbiage and grammatical changes.

Summary of the rule or change:

The amendment changes verbiage from "will" to "shall" in a couple of places for how the Board of Pardons notifies an offender of his or her hearing. It also adds "type and purpose" to the rule.

Statutory or constitutional authorization for this rule:

• Subsection 77-27-7(1)
• Subsection 63G-3-201(2)
• Subsection 77-27-9(4)(a)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings because the notification of hearings to offenders do not have a fiscal impact on the state budget.

local governments:

There is no anticipated cost or savings because the notification of hearings to offenders do not have a fiscal impact on the local budget.

small businesses:

There is no anticipated cost or savings because the notification of hearings to offenders do not have a fiscal impact on small businesses.

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

There is no anticipated cost or savings because the amended rule of notification of hearings to offenders does not affect or impact any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency.

Compliance costs for affected persons:

There is no anticipated cost or savings because the amended rule of notification of hearings to offenders do not have a fiscal impact on the state budget.

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

There are no anticipated fiscal impacts of the amended rule of notification of hearings to offenders on businesses.

Angela Micklos, Board Chairwoman

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Bev Uipi at the above address, by phone at 801-261-6446, by FAX at , or by Internet E-mail at buipi@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:

07/03/2017

This rule may become effective on:

07/10/2017

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-202. Notification of Hearings.

R671-202-1. Notification.

(1)(a) An offender [will]shall be notified of the date, time , [and ]place , and type or purpose of a personal appearance hearing at least seven calendar days in advance of the hearing, except in extraordinary circumstances[, and will be advised as to the purpose of the hearing].

(b) In extraordinary circumstances, the hearing may be conducted without the seven day notification[,].

(c) [or the]An offender may waive this notice requirement.

(2) Public notice of Board hearings [will also]shall be posted one week in advance on the Board's website (www.bop.utah.gov).

[Open public hearings are regularly scheduled by the Board at the various correctional facilities throughout the state.]

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: [October 4, 2012]2017

Notice of Continuation: January 31, 2017

Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 77-27-7(1); 77-27-9(4)(a)