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Utah Administrative Code (Current through November 1, 2019) |
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R671. Pardons (Board of), Administration |
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R671-517. Evidentiary Hearings and Proceedings |
| R671-517-1. Evidentiary Hearings and Proceedings |
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When a parolee has entered a not guilty plea to a parole violation allegation and the Board wishes to consider the allegation, the Board shall hold an evidentiary hearing unless the parolee has been convicted of a criminal charge and revocation is ordered pursuant to Utah R. Admin. P. R671-518. |
| R671-517-2. Confidentiality |
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All hearings are open to the public, unless the Board decides that confidential information must be discussed. Only those portions of the hearing during which confidential information is discussed may be closed. See Utah R. Admin. R. R671-520. |
| R671-517-3. Notification |
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The Board shall notify all parties of the time, date, and place of the hearing and of the disputed allegations. The parolee shall be notified of the right to be represented by an attorney of choice at the parolee's own expense, or such counsel as may be provided by the Board. The parolee shall also be informed of the right to confront and cross examine witnesses, absent a showing of good cause for not allowing the confrontation, and the right to present rebuttal evidence. |
| R671-517-4. Anticipated Witnesses, Documents and Other Evidence |
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At least ten days prior to the hearing, unless otherwise directed by the Board, each party shall provide to the opposing party and to the Board a list of anticipated witnesses, documents, and other evidence to be submitted at the hearing, together with a summary of the relevance of each anticipated piece of evidence. Failure to comply with this rule may result in sanctions including, but not limited to, exclusion of the non-disclosed witnesses and evidence. |
| R671-517-5. Single Hearing Official |
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An evidentiary hearing may be presided over by a single Board member or hearing officer as the Board Chair designates. The hearing official may, sua sponte, or upon motion of either party, exclude evidence that is irrelevant, unduly repetitious, or privileged. The hearing official may take judicial notice of undisputed facts and may rule on motions made prior to or during the hearing. |
| R671-517-6. Department of Corrections Bears Burden of Proof |
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The Department of Corrections bears the burden of establishing a parole violation by a preponderance of the evidence. All testimony shall be given under oath. The Utah Rules of Evidence do not apply. Hearsay evidence is admissible and shall be given such weight as the hearing official considers appropriate; however, no finding of guilt shall be based solely on hearsay evidence, except where such evidence would be otherwise permitted in a court of law. Exclusionary rules and case law do not apply to parole revocation hearings. |
| R671-517-7. Opening Statements |
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At the hearing, each party may make a brief opening statement, beginning with the State. After opening statements, the State has the burden of presenting evidence of parole violation. Upon conclusion of the State's case, the parolee may present evidence in response. If the parolee, as a defense, raises issues not adequately addressed by the State's case in chief, the hearing official may allow the State to present rebuttal evidence in response. Upon conclusion of all evidence, the hearing official may allow each party to make a brief closing argument. |
| R671-517-8. Written Submissions |
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Any brief or legal memorandum submitted to the Board as part of an evidentiary hearing shall be filed at least ten calendar days prior to the hearing, and shall include proof of service on the opposing party. The opposing party shall file any written response no later than three calendar days prior to the hearing. Written submissions shall be no longer than ten double-spaced, typed pages, excluding exhibits. Either party may petition the hearing official for permission to exceed these length requirements or shorten these time requirements, and the decision whether to allow this shall rest in the sole discretion of the hearing official. |
| R671-517-9. Continuances |
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1. All requests to continue a scheduled evidentiary hearing shall: (a) be submitted to the board in writing, at least seven calendar days prior to the scheduled hearing; and (b) contain either a stipulation of the parties, or a statement of why there is an extraordinary need for continuance and why such a continuance will not prejudice the interests of the other party. 2. The decision to grant or deny a continuance rests in the sole discretion of the hearing official. 3. In the event a continuance is granted, each party shall be responsible for notifying its own witnesses. |