DAR File No. 44109

This notice was published in the October 15, 2019, issue (Vol. 2019, No. 20) of the Utah State Bulletin.


Pardons (Board of), Administration

Rule R671-309

Impartial Hearings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 44109
Filed: 09/30/2019 05:31:11 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:

Subsection 63G-3-201(3) states how each agency shall maintain a current version of its rules, and make it available to the public; Section 77-27-1 et seq. defines the terms under the Pardons and Parole Criminal Procedures; Section 77-27-5 defines the Board of Pardons' (Board) authority; Section 77-27-7 defines the parole or hearing dates, interview, hearing, report of alienist, and mental competency guide; Subsection 77-27-9 (4)(a) states how the Board may issue subpoenas to compel witness attendance, production of evidence, administration of oaths, and to take testimony.

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 Rule R671-309.

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

The Board supports the continuation of this rule because it is a guide for the offender rights to impartial hearings, as well as a guide regarding ex parte contact and communication outside a hearing.

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

Effective:

09/30/2019

Authorized by:

Carrie Cochran, Vice Chair


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/2019/b20191015.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 Bev Uipi at the above address, by phone at 801-261-6446, by FAX at , or by Internet E-mail at buipi@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.