DAR File No. 42231

Pardons (Board Of), Administration

Rule R671-304

Hearing Record

Notice of Proposed Rule

(Amendment)

DAR File No.: 42231
Filed: 10/16/2017 04:10:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to specify and define a record and its retention period, and how a record may be obtained.

Summary of the rule or change:

A record is an electronic audio record of all in-person, video, or telephone hearings. This change adds that pursuant to Section 77-27-8, a certified shorthand recorder records and transcribes proceedings of any death penalty commutation hearing. This adds that a retention copy shall be maintained by the Board for seven years, instead of five. Additions also include that any magnetic, analog, or other non-digital hearing record prior to 01/01/2009 shall only be maintained for ten years from the date of hearing. More additions define that an offender and the public may request a copy of the record, which requires the record be copied to an electronic or digital medium for a fee. If an offender affirms by affidavit indigent, the Board may furnish a copy at no cost to the offender.

Statutory or constitutional authorization for this rule:

• Subsection 63G-3-201(3)
• Section 77-27-8
• Subsection 77-27-9(4)(a)
• Section 77-27-1 et seq.

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings because the hearing record does not have a fiscal impact on the state budget.

local governments:

There is no anticipated cost or savings because the hearing record does not have a fiscal impact on local governments.

small businesses:

There is no anticipated cost or savings because the hearing record does 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 change does not affect or impact any individual, partnership, corporation, association, governmental entity, or public or private organization.

Compliance costs for affected persons:

There is no anticipated cost or savings because the change does not have a fiscal impact on affected persons.

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

There are no anticipated fiscal impacts of the change on businesses.

Angela Micklos, Board Chair

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:

12/13/2017

Interested persons may attend a public hearing regarding this rule:

• 12/06/2017 08:00 PM, Board of Pardons and Parole, 448 E 6400 S, Room 300, Salt Lake City, UT

This rule may become effective on:

12/20/2017

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-304. Hearing Record.

R671-304-1. Hearing Record.

(a) An electronic audio record shall be made of all in- person, video, or telephonic hearings held by the Board of Pardons and Parole (Board).[The Board will cause a record to be made of all public hearings and dispositions].

(b) Pursuant to Utah Code Ann. Section 77-27-8, a certified shorthand reporter shall record and transcribe the proceedings of any death penalty commutation hearing held by the Board.

[

R671-304-2. Procedure.

A record will be made of all board hearings pursuant to UCA 77-27-8 (1).]

(c) The electronic record made pursuant to this Rule shall [will] be [kept at] maintained by the Board [of Pardons and Parole offices] for 7 [five (5)] years.

(d) Any magnetic, analog, or other non-digital hearing record made prior to January 1, 2009 shall only be maintained for ten years from the date of the hearing.

Upon written request , a copy of the record ing may be provided to an offender or any member of the public.

If the request for the recording requires that the record be copied to an electronic or digital medium, the Board shall charge a fee, approved by the Legislature, for the copy[purchased].

When an offender affirms by affidavit that he or she is unable to pay for a copy of the recording, the Board may furnish a copy of the record, at no fee, to the offender.

 

KEY: government hearings

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

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: 63G-3-201(3); 77-27-1 et seq.; 77-27-8; 77-27-9(4)(a)