No. 39891 (New Rule): Rule R722-390. Certificate of Eligibility for Removal from the Utah White Collar Crime Offender Registry

(New Rule)

DAR File No.: 39891
Filed: 10/29/2015 08:50:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish procedures by which a petitioner may seek a certificate of eligibility for removal from the Utah White Collar Crime Offender Registry pursuant to Section 77-42-108, and to carry out the statutory provisions of H.B. 378 (2015 General Session).

Summary of the rule or change:

This rule establishes procedures for applying for a certificate of eligibility for removal from the Utah White Collar Crime Offender Registry, agency review of a decision to deny an application for a certificate of eligibility for removal, and judicial review.

State statutory or constitutional authorization for this rule:

• Section 77-42-108
• Section 77-42-102
• Subsection 63G-4-203(1)
• Subsection 77-40-102(10)

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget. This proposed rule addresses the actual procedures of applying for a certificate of eligibility for removal from the Utah White Collar Crime Offender Registry and the adjudication proceedings. This program is intended to be cost neutral, non-revenue generating, and the fees associated with the certificate of eligibility for removal application and issuance are intended to merely cover the cost of administering the program.

local governments:

There is no aggregate anticipated cost or savings to local government. This proposed rule addresses the actual procedures of applying for a certificate of eligibility for removal from the Utah White Collar Crime Offender Registry and the adjudication proceedings. Thus, no aggregate cost or savings to local government is anticipated.

small businesses:

There is no aggregate anticipated cost or savings to small businesses. This proposed rule addresses the actual procedures of applying for a certificate of eligibility for removal from the Utah White Collar Crime Offender Registry and the adjudication proceedings. Thus, no aggregate cost or savings to small businesses is anticipated.

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 proposed rule addresses the actual procedures of applying for a certificate of eligibility for removal from the Utah White Collar Crime Offender Registry and the adjudication proceedings. Thus, no aggregate cost or savings to persons other than small businesses, businesses, or local government entities is anticipated.

Compliance costs for affected persons:

Persons may seek a certificate of eligibility for removal from the Utah White Collar Crime Offender Registry on a voluntary basis. Those seeking this service will be required to pay a $120 application fee. If a certificate of eligibility for removal is issued, there will be no additional cost for the eligibility certificate.

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

This should not be any particular fiscal impact on business. This rule implements procedures for the application and issuance of a certificate of eligibility for removal from the Utah White Collar Crime Offender Registry according to statutory requirements, and applies to individual persons.

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.

R722-390. Certificate of Eligibility for Removal from the Utah White Collar Crime Offender Registry.

R722-390-1. 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 White Collar Crime Offender Registry (WCCR) pursuant to Section 77-42-108.

 

R722-390-2. Authority.

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

 

R722-390-3. Definitions.

(1) Terms used in this rule are defined in Section 77-42-102.

(2) In addition:

(a) "WCCR certificate of eligibility" has the same meaning as "certificate of eligibility" as defined in Subsection 77-42-102(4);

(b) "petitioner" means a person seeking a WCCR certificate of eligibility from the bureau; and

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

 

R722-390-4. Application for a Certificate of Eligibility for Removal.

(1)(a) A person may apply for a WCCR certificate of eligibility by submitting a completed Application for Removal of Name from the White Collar Crime Offender 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 WCCR certificate of eligibility found in Subsection 77-41-108(2)(b).

(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 WCCR certificate of eligibility, 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 WCCR certificate of eligibility, the bureau shall send the WCCR certificate to the petitioner at the address indicated on the application form.

(5) If the bureau finds that the petitioner does not meet the criteria for the issuance of a WCCR certificate of eligibility, 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 R722-390-5.

 

R722-390-5. 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 WCCR certificate of eligibility, 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 WCCR certificate of eligibility.

(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 WCCR certificate of eligibility, the order shall indicate that the petitioner must pay the issuance fee before receiving the WCCR certificate of eligibility.

(c) If further review indicates that the petitioner does not meet the requirements for a WCCR certificate of eligibility, 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 R722-390-6.

 

R722-390-6. Judicial Review.

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

 

KEY: certificate of eligibility for removal, white collar crime offender registry, white collar crime offenders

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 63G-4-203(1); 77-42-108; 77-42-102; 77-40-102(10)

 

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