No. 40617 (Amendment): Section R671-302-1. Open Hearings

(Amendment)

DAR File No.: 40617
Filed: 07/18/2016 09:39:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to clarify who may testify at parole hearings.

Summary of the rule or change:

The proposed change provides clarity about who may testify at a hearing by adding references to Rule R671-203, Victim Input, and Rule R671-308, Offender Assistance at Hearings.

Statutory or constitutional authorization for this rule:

• Subsection 77-27-9(4)(a)
• Subsection 63G-3-201(3)
• Section 77-27-1 et seq.

Anticipated cost or savings to:

the state budget:

The proposed change does not increase or decrease the number of hearings and will not impact state budgets.

local governments:

Local government does not participate in parole hearings and will not be affected by the proposed change.

small businesses:

Small businesses do not participate in parole hearings and will not be affected by the proposed change.

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

The proposed change clarifies who may testify at a parole hearing; however, there is no cost to individuals, attorneys, or victims who may be testifying.

Compliance costs for affected persons:

There is no cost to individuals, attorneys, or victims who may be testifying.

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

Businesses do not participate in parole hearings except they may submit claims for restitution as victims of crimes. There are no compliance costs for participating in a hearing or submitting a claim.

Angela Micklos, Board Chair

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:

• Greg Johnson at the above address, by phone at 801-261-6454, 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:

09/14/2016

Interested persons may attend a public hearing regarding this rule:

• 08/17/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT

This rule may become effective on:

09/21/2016

Authorized by:

Angela Micklos, Chair

RULE TEXT

R671. Pardons (Board of), Administration.

R671-302. News Media and Public Access to Hearings.

R671-302-1. Open Hearings.

According to state law and subject to fairness and security requirements, Board hearings shall be open to the public, including representatives of the news media. However, the Board shall only accept testimony or comments from the offender and specific individuals as provided in R671-203 and R671-308.

 

KEY: news agencies

Date of Enactment or Last Substantive Amendment: [October 4, 2012]2016

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: 63G-3-201(3); 77-27-1 et seq.; 77-27-9(4)(a)

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