DAR File No. 42408
This notice was published in the January 15, 2018, issue (Vol. 2018, No. 2) of the Utah State Bulletin.
Public Safety, Criminal Investigations and Technical Services, Criminal Identification
Rule R722-360
Certificate of Eligibility for Removal from the Sex Offender and Kidnap Offender Registry
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 42408
Filed: 12/20/2017 04:17:41 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:
Section 77-41-112 authorizes the Department of Public Safety (DPS) 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 63G-4-203, the Bureau of Criminal Identification (BCI) has established informal adjudicative procedures in this rule that apply in the event an individual is denied application for removal from the registry.
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 comments were received during and since the last five-year review of this rule from interested persons supporting or opposing this rule.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
Section 77-41-112 authorizes BCI to accept and process requests for eligibility determination for removal from the Sex Offender or Kidnap Offender Registry. BCI is required to process those requests to determine whether an offender is eligible to receive a certificate of eligibility under this section. In addition, pursuant to Section 63G-4-203, BCI has established informal adjudicative procedures in this rule in the event that an individual is denied application for removal from the registry. Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Office 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
Effective:
12/20/2017
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/2018/b20180115.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; 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 Office of Administrative Rules.