Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R671. Pardons (Board of), Administration.

Rule R671-519. Proceedings When Criminal Charges Result in Acquittal.

As in effect on October 1, 2019

Table of Contents

R671-519-1. Proceedings When Criminal Charges Result in Acquittal.

1. If the basis for a parole revocation proceeding is a criminal charge of which the parolee is later acquitted, the parole agent or representative of the State may submit as its sole evidence the transcript from the criminal trial, which shall be disclosed to the parolee.

2. The parolee may submit a response to the trial transcript submission or otherwise submit any information to supplement the record.

R671-519-2. Evidence Explanation.

Any party may file memoranda explaining whether the evidence provided at the trial was sufficient, under a preponderance standard, for finding a parole violation. Such memoranda shall not exceed ten, double-spaced, typed pages in length (excluding exhibits), except in cases where the Board has granted leave to exceed this limit.

R671-519-3. Personal Appearance.

A personal appearance hearing is not required for purposes of arguing the evidence. However, if, after reviewing the transcripts and memoranda, the hearing official concludes that parole has been violated, a personal appearance hearing may be held for purposes of determining disposition and hearing victim testimony.

KEY

parole, acquit, hearings

Date of Enactment or Last Substantive Amendment

May 22, 2013

Notice of Continuation

February 13, 2018

Authorizing, Implemented, or Interpreted Law

77-27-5; 77-27-9; 77-27-11


Additional Information

Contact

For questions regarding the content or application of rules under Title R671, please contact the promulgating agency (Pardons (Board of), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.