No. 36558 (Amendment): Rule R671-202. Notification of Hearings

(Amendment)

DAR File No.: 36558
Filed: 07/30/2012 02:47:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes procedures regarding notification of hearings. Agency action, and this administrative rule, are authorized and required by Subsections 63G-3-201(2) and 77-27-7(1). 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 regarding notification of hearings.

State statutory or constitutional authorization for this rule:

• Section 77-27-1 et seq.
• Subsection 63G-3-201(2)
• Subsection 77-27-7(1)
• 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.

R671-202. Notification of Hearings.

R671-202-1. Notification.

An offender will be notified of the date, time and place of [the]a personal appearance hearing at least seven calendar days in advance of the[any] hearing[ where personal appearance is involved], except in extraordinary circumstances, and will be [specifically ]advised as to the purpose of the hearing.

In extraordinary circumstances, the hearing may be conducted without the seven day notification, or the offender may waive this notice requirement.

Public notice of Board hearings will also be posted one week in advance [at the Board's offices]on the Board's website (www.bop.utah.gov).

Open public hearings are regularly scheduled by the Board at the various correctional facilities throughout the state.

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: [October 10, 2007]2012

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 77-27-7(1); 77-27-9(4)(a)

 

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