No. 39890 (Amendment): Rule R722-360. Certificate of Removal from the Sex Offender and Kidnap Registry

(Amendment)

DAR File No.: 39890
Filed: 10/29/2015 08:48:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry, and change a statutory reference due to renumbering.

Summary of the rule or change:

Clarification that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry, and change made to a statutory reference due to renumbering.

State statutory or constitutional authorization for this rule:

• Section 77-41-112
• Section 77-41-102
• Subsection 63G-4-203(1)
• Subsection 77-40-102(11)
• Subsection 53-10-104(13)

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget. This amendment clarifies that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry. The rule change will not affect the state budget nor are there any anticipated costs or savings.

local governments:

There is no aggregate anticipated cost or savings to local government. This amendment clarifies that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry. The rule change will not affect local government nor are there any anticipated costs or savings.

small businesses:

There is no aggregate anticipated cost or savings to small businesses. This amendment clarifies that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry. The rule change will not affect small businesses nor are there any anticipated costs or savings.

persons other than small businesses, businesses, or local governmental entities:

There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This amendment clarifies that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry. The rule change will not affect persons other than small businesses, businesses, or local government entities nor are there any anticipated costs or savings.

Compliance costs for affected persons:

No compliance costs. As this amended rule addresses the clarification that the certificate issued by the Department of Public Safety, Bureau of Criminal Identification is a certificate of eligibility for removal, not the actual removal from the Sex Offender and Kidnap Registry there are no anticipated costs for affected persons addressed in the cost information above.

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

I have reviewed this rule amendment and found no anticipated fiscal impact on business.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division 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]

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:

12/15/2015

This rule may become effective on:

12/22/2015

Authorized by:

Alice Moffat, Bureau Chief

RULE TEXT

R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.

R722-360. Certificate of Eligibility for Removal from the Sex Offender and Kidnap Offender Registry.

R722-360-1. Purpose.

The purpose of this rule is 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 77-41-112.

 

R722-360-2. Authority.

This rule is authorized by Subsection 63G-4-203(1).

 

R722-360-3. Definitions.

(1) Terms used in this rule are defined in Section 77-41-102.

(2) In addition:

(a) " SOR certificate of [removal]eligibility" has the same meaning as "certificate of eligibility" as defined in Subsection 77-41-102(3)[means a document issued by the bureau indicating that the petitioner meets the requirements found in Subsections 77-41-112(1)(b) and (d)];

(b) "petitioner" means a person seeking [a] an SOR certificate of eligibility[removal] from the bureau; and

(c) "traffic offense" [means the same thing]has the same meaning as defined in Subsection 77-40-102[(10)](11).

 

R722-360-4. Application for a Certificate of Eligibility for Removal.

(1)(a) A person may apply for [a]an SOR certificate of eligibility[removal] by submitting a completed Application for Removal of Name from the Sex Offender/Kidnap Registry form to the bureau.

(b) The application form must be accompanied by a payment of the application fee established by the bureau in the form of cash, check, money order, or credit card.

(2)(a) Upon receipt of a completed application form and payment of the application fee, the bureau shall review each criminal episode contained on the petitioner's criminal history, in its entirety, to determine whether the petitioner meets the requirements for [a]an SOR certificate of eligibility[removal] found in Subsections 77-41-112(1)(b) and (d).

(b) In making its determination, the bureau shall also review all federal, state and local criminal records, to which it has access.

(3) If the bureau has insufficient information to determine whether the petitioner meets the requirements for [a]an SOR certificate of eligibility[removal], the bureau may require the petitioner to submit additional information.

(4) If the bureau finds that the petitioner meets the requirements for the issuance of [a]an SOR certificate of eligibility[removal], the bureau shall send a letter to the petitioner, at the address indicated on the application form, indicating that the petitioner must pay the issuance fee established by the bureau in order to receive the SOR certificate of eligibility[removal].

(5) If the bureau finds that the petitioner does not meet the criteria for the issuance of [a]an SOR certificate of eligibility[removal], the bureau shall send a letter to the petitioner, at the address indicated on the application form, which describes the reasons why the petitioner's application was denied and notifies the petitioner that the petitioner may seek agency review of the bureau's decision by following the procedures outlined in R722-360-5.

 

R722-360-5. Agency Review of a Decision to Deny an Application for a Certificate of Eligibility for Removal.

(1) A petitioner may seek agency review of the denial of an application for [a]an SOR certificate of eligibility[removal], as provided by Section 63G-4-301, by mailing a written request for review to the bureau within 30 days from the date the denial letter is issued.

(2) The request for agency review must:

(a) be signed by the petitioner;

(b) state the specific grounds upon which relief is requested;

(c) indicate the date upon which it was mailed; and

(d) include documentation which supports the petitioner's request for review.

(3) An employee of the bureau shall be designated to review the petitioner's written request, any accompanying documents supplied by the petitioner, and the materials contained in the application file to determine whether the petitioner meets the requirements for [a]an SOR certificate of eligibility[removal].

(4)(a) Within a reasonable time after receiving the request for review, the bureau shall issue a final written order on review, which shall be mailed to the petitioner at the address indicated on the application.

(b) If further review indicates that the petitioner meets the requirements for the issuance of [a]an SOR certificate of eligibility[removal], the order shall indicate that the petitioner must pay the issuance fee before receiving the SOR certificate of eligibility[removal].

(c) If further review indicates that the petitioner does not meet the requirements for [a]an SOR certificate of eligibility[removal], the order shall describe the reasons why the bureau's decision was upheld and notify the petitioner that the petitioner's opportunity to review the bureau's decision is limited to review by the district court as described in R722-360-6.

 

R722-360-6. Judicial Review.

A petitioner may seek judicial review of the bureau's final written order on review denying an application for [a] an SOR certificate of eligibility[removal], as provided by Section 63G-4-402, by filing a complaint in the district court within 30 days from the date that the bureau's final written order is issued.

 

KEY: certificate of eligibility for removal, sex offender registry, kidnap offender registry

Date of Enactment or Last Substantive Amendment: [March 25, 2013]2015

Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 77-41-112; 77-41-102; 77-40-102[(10)](11)

 

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