Utah Administrative Code (Current through November 1, 2019) |
R671. Pardons (Board of), Administration |
R671-517. Evidentiary Hearings and Proceedings |
R671-517-6. Department of Corrections Bears Burden of Proof
Latest version.
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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.