No. 42408 (5-year Review): Rule R722-360. Certificate of Eligibility for Removal from the Sex Offender and Kidnap Offender Registry

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 Safety
Criminal 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 [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

Effective:

12/20/2017

Authorized by:

Alice Moffat, Bureau Chief

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