No. 39137 (Amendment): Section R671-305-1. Board Decisions and Orders  

  • (Amendment)

    DAR File No.: 39137
    Filed: 02/12/2015 08:37:17 AM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    The proposed change expands and clarifies when the Board will issue a written rationale sheet along with its decision and order. The rationale sheet provides additional explanation to the individual and the public about the reasoning behind the Board's decision.

    Summary of the rule or change:

    The proposed change lists the types of hearings when the Board will issue a rationale sheet to accompany its order.

    State statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    Although some additional work is required to create the rationale sheet the Board will absorb the increase within existing resources.

    local governments:

    The proposed change does not impact local government because the proposed rule affects only the operations of the board. No requirements are placed on local government.

    small businesses:

    The proposed change does not impact local government because the proposed rule affects only the operations of the board. No requirements are placed on small businesses.

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

    The proposed change only affects internal operations by requiring the Board to provide additional information to the individual and to the public. There are no compliance costs or actions required from any other persons.

    Compliance costs for affected persons:

    The proposed change provides additional information to the individual but there is no cost for compliance or any action required from the individual.

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

    The proposed rule does not have any fiscal impact on business because the rule applies to internal Board operations. The proposed rule increases the number of circumstances in which the Board will provide a rationale sheet to the involved individual and the public. There are no compliance costs or actions required of anyone outside of the Board.

    Angela Micklos, Chair

    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:

    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:

    03/31/2015

    Interested persons may attend a public hearing regarding this rule:

    • 03/09/2015 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT

    This rule may become effective on:

    04/07/2015

    Authorized by:

    Angela Micklos, Chair

    RULE TEXT

    R671. Pardons (Board of), Administration.

    R671-305. Board Decisions and Orders.

    R671-305-1. Board Decisions and Orders.

    Decisions of the Board will be [reached by, or ratified by, a majority vote and ]reduced to a written order[writing,]. [including ]Orders entered following original hearings, re-hearings, special attention hearings, parole violation hearings, evidentiary hearings, and rescission hearings will be accompanied by a brief rationale for the [decision]order. The Board's written [decisions and ]orders and rationale statements are public documents. A copy[Copies] of the [Board's decision]order, and rationale statement if entered, shall be provided or mailed to the [offender]person who is the subject of the [decision]order. The Board shall maintain a copy of all [decisions rendered]orders entered in each case. The Board may publish its [decisions]orders 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: [October 4, 2012]2015

    Notice of Continuation: January 31, 2012

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

     


Document Information

Hearing Meeting:
03/09/2015 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT
Effective Date:
4/7/2015
Publication Date:
03/01/2015
Type:
Notices of Proposed Rules
Filed Date:
02/12/2015
Agencies:
Pardons (Board Of), Administration
Rulemaking Authority:

Subsection 77-27-9(4)(a)

Article VII, Section 12

Subsection 63G-3-201(3)

Section 77-27-10

Authorized By:
Angela Micklos, Chair
DAR File No.:
39137
Summary:

The proposed change lists the types of hearings when the Board will issue a rationale sheet to accompany its order.

CodeNo:
R671-305-1
CodeName:
{25848|R671-305-1|R671-305-1. Board Decisions and Orders.}
Link Address:
Pardons (Board Of)AdministrationRoom 300 448 E 6400 SSALT LAKE CITY, UT 84107-8530
Link Way:

Greg Johnson, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov

AdditionalInfo:
More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2015/b20150301.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). ...
Related Chapter/Rule NO.: (1)
R671-305-1. Notification of Board's Decision.