No. 36571 (Amendment): Rule R671-305. Notification of Board Decision

(Amendment)

DAR File No.: 36571
Filed: 07/31/2012 10:06:22 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes procedures for Board decisions and orders. Agency action, and this administrative rule, are authorized and required by Art VII, Sec 12; Subsection 63G-3-201(3) and Section 77-27-10. The Board has statutory authority to enact administrative rules, pursuant to Section 77-27-1 et seq. and Subsection 77-27-9(4)(a).

Summary of the rule or change:

This rule change clarifies procedures for Board decisions and orders.

State statutory or constitutional authorization for this rule:

• Art VII, Sec 12
• Subsection 63G-3-201(3)
• Section 77-27-10
• Section 77-27-1 et seq.
• Subsection 77-27-9(4)(a)

Anticipated cost or savings to:

the state budget:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to the state budget. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

local governments:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

small businesses:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

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

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

Compliance costs for affected persons:

There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

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

The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 07/16/2012 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board.

Clark A. Harms, Chairman

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

• John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, 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:

09/14/2012

This rule may become effective on:

09/21/2012

Authorized by:

Clark Harms, Chairman

RULE TEXT

R671. Pardons (Board of), Administration.

R671-305. [Notification of Board Decision]Board Decisions and Orders.

R671-305-1. [Notification of Board's Decision]Board Decisions and Orders.

[(a) Decisions of the Board shall be reached by a majority vote and reduced to a written decision and order. Copies of the decision and order shall be sent to the offender, and the Department of Corrections. The Board shall publish results of Board decisions.

(b) The Board shall also provide a Rationale for Decisions and Orders for all Original Hearings; Re- Hearings and for Parole Violation Hearings where a decision and order for parole, termination or expiration has been made.]Decisions of the Board will be reached by, or ratified by, a majority vote and reduced to writing, including a brief rationale for the decision. The Board's written decisions and orders are public documents. Copies of the Board's decision shall be provided or mailed to the offender who is the subject of the decision. The Board shall maintain a copy of all decisions rendered in each case. The Board may publish its decisions on its website or other forum or in other forms, at its discretion and convenience.

 

KEY: government hearings

Date of Enactment or Last Substantive Amendment: [March 26, ]2012

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: [77-27-9.7]Art VII, Sec 12; 63G-3-201(3); 77-27-9(4)(a); 77-27-10

 

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