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Utah Administrative Code (Current through November 1, 2019) |
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R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification |
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R722-320. Undercover Identification |
| R722-320-1. Purpose |
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The purpose of this rule is to establish a program whereby the Department of Public Safety can assist federal, state, county, and local law enforcement agencies in concealing the true identity of undercover peace officers. |
| R722-320-2. Authority |
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This rule is authorized by Subsections 53-10-104(1), 53-10-104(9), and 53-10-104(14). |
| R722-320-3. Definitions |
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(1) "Chief administrative officer" means the commissioner of public safety, a chief of police or sheriff of any municipality or county of this state, or the agent in charge of operations in this state for any federal law enforcement agency. (2) "Peace officer" means anyone employed in one of the four peace officer classifications in Section 53-13-102. (3) "Undercover identification" means identification issued to a peace officer which allows the true identity of the officer to be concealed from criminal suspects and their associates. (4) "Undercover investigation" means a criminal investigation conducted by a peace officer which is authorized by the officer's agency and where the true identity of the officer must be concealed from criminal suspects and their associates. |
| R722-320-4. Type of Assistance Provided |
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The department will assist federal, state, county, and local law enforcement agencies in obtaining identification and personal history information for their peace officers who conduct undercover investigations. |
| R722-320-5. Issuance of Undercover Identification |
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(1) The department may issue an undercover identification after receiving a written request from the chief administrative officer of a law enforcement agency. This request must be on official agency letterhead and shall include: (a) the reason the undercover identification is needed; (b) the real name and date of birth of the officer needing undercover identification; (c) the undercover name, date of birth, social security number, and address to be used by the officer; and, (d) the original signature of the chief administrative officer. (2) Each request may be for one officer only. Multiple requests in the same letter will not be honored. (3) Processing a request for undercover identification is time consuming for the department. Therefore, for the convenience of all parties, the officer intending to apply for undercover identification must call the department's Bureau of Criminal Identification (BCI) at (801) 965-4544 and make an appointment prior to coming in to apply for undercover identification. (4) At the time of issuance the officer must: (a) present to BCI (3888 West 5400 South, Salt Lake City, Utah) the original letter of request from the chief administrative officer; (b) provide a copy of valid identification issued by the officer's agency indicating that he/she is a peace officer; and, (c) complete the application form provided by the department. (5) The department may issue an undercover identification if the requirements of this rule are met and the department believes that such issuance is in the best interests of law enforcement. |
| R722-320-6. Expiration of Undercover Identification |
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(1) Undercover identification issued pursuant to this rule: (a) shall automatically expire six months after it is issued; (b) must be returned to the department by the officer's agency within 30 days in the case of an officer who is reassigned to a position no longer requiring the use of undercover identification; and (c) must immediately be returned to the department by the officer's agency in the case of an officer who terminates employment with the agency. (2) No officer may be issued undercover identification if any undercover identification previously issued to another officer of the same agency is not accounted for to the satisfaction of the department. (3) A chief administrative officer may request that an undercover identification issued to an officer of his/her agency be extended beyond the six month expiration referred to in this section if: (a) a written request for extension signed by the chief administrative officer is received by the department prior to the expiration date; and (b) the written request demonstrates to the satisfaction of the department extenuating circumstances justifying the extension. |
| R722-320-7. Revocation of Undercover Identification |
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The department may revoke an undercover identification: (1) if the undercover identification was used for a purpose not related to an active undercover investigation; (2) if the officer has been charged with a crime or is under investigation for any wrong doing that would compromise the undercover identification program or not be in the best interests of law enforcement; or (3) for any violation of this rule. |
| R722-320-8. Surrender of Undercover Identification |
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A peace officer whose undercover identification has expired or which has been revoked shall immediately surrender his/her undercover identification to the department. |
| R722-320-9. Appeal |
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(1) In accordance with Subsection 63G-4-202(1) the department hereby designates all adjudicative proceedings associated with this rule as informal adjudicative proceedings. (2) An officer (appellant) whose request for undercover identification has been denied or whose undercover identification has been revoked, may appeal such denial or revocation to the department's administrative law judge (ALJ). The appeal must be filed on a form provided by the department. The appeal shall be considered a request for agency action in accordance with Subsection 63G-4-201(1)(b). (a) The appeal must be filed within thirty days after the appellant receives notice of the denial or revocation. (b) The appellant will not receive a hearing on the appeal. The ALJ will review the appeal and issue a written decision on it in compliance with Subsection 63G-4-203(1)(i) within ten days after receiving it. (3) An appellant who is dissatisfied with the ALJ's decision may file a request for reconsideration with the ALJ within ten days after receipt of the decision. If the ALJ does not issue an order within twenty days after receiving the request for reconsideration, the request for reconsideration shall be considered denied, and the appellant may seek judicial review in accordance with Section 63G-4-402. |
| R722-320-10. Records Protected |
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All records pertaining to the issuance of an undercover identification shall be protected under Subsection 63G-2-305(9). |