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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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R671-204. Hearing Continuances |
| R671-204-1. Permissible Hearing Continuances |
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Latest version.
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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. |
| R671-204-2. Limitations |
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Latest version.
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(1) Staff may not reschedule or continue original hearings, rescission hearings, or rehearings beyond 90 days unless a majority of the Board concurs with the continuance. (2) No hearing may be continued beyond an offender's sentence expiration date. |