Utah Administrative Code (Current through November 1, 2019) |
R671. Pardons (Board of), Administration |
R671-204. Hearing Continuances |
R671-204-1. Permissible Hearing Continuances
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Board hearings may be continued:
(1) to inquire into, investigate, assess, or respond to any issue associated with a:
(a) possible lack of competency of the offender, pursuant to Utah Code Ann. Sections 77-15-2, 77-15-3 or Utah Admin. Rule R671-206; or
(b) mentally ill offender whose mental health has deteriorated to a point where the offender has been transferred to the state hospital, or whose mental illness renders the offender unable to attend, understand, or appropriately participate in a hearing, pursuant to Utah Code Ann. Sections 62A-15-605, 62A-15-605.5, 77-16a-204, Utah R. Admin. P. R207-1, R207-2 or R671-207;
(2) when the offender is not available for the hearing due to medical or mental health reasons;
(3) to allow an offender who has been determined by the Board to be unable to effectively represent themselves to obtain assistance at the hearing, pursuant to Utah R. Admin. P. R671-308;
(4) to allow for the personal appearance of the offender if the offender is unable to appear at the hearing as scheduled;
(5) upon the request of a victim of record who desires to participate in the hearing, pursuant to Utah R. Admin. P. R671-203, but who cannot reasonably attend the hearing as scheduled;
(6) to await the adjudication or resolution of new or additional criminal charges;
(7) to conduct a parole violation evidentiary hearing, pursuant to Utah R. Admin. P. R671-517;
(8) at the motion or request of the offender or an attorney representing the offender, with a written waiver and stipulation for the continuance, and a minimum notice to the Board of 3 business days;
(9) when the Board determines that new, additional, critical, or material information necessary for a full, fair, accurate, and complete hearing has not been received and will not be received by the scheduled hearing; or
(10) when the Board finds that a continuance is in the interest of justice, procedural economy, or is necessary because of transportation, technical, security, or other issues beyond the control of the Board.