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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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R671-519. Proceedings When Criminal Charges Result in Acquittal |
| R671-519-1. Proceedings When Criminal Charges Result in Acquittal |
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1. If the basis for a parole revocation proceeding is a criminal charge of which the parolee is later acquitted, the parole agent or representative of the State may submit as its sole evidence the transcript from the criminal trial, which shall be disclosed to the parolee. 2. The parolee may submit a response to the trial transcript submission or otherwise submit any information to supplement the record. |
| R671-519-2. Evidence Explanation |
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Any party may file memoranda explaining whether the evidence provided at the trial was sufficient, under a preponderance standard, for finding a parole violation. Such memoranda shall not exceed ten, double-spaced, typed pages in length (excluding exhibits), except in cases where the Board has granted leave to exceed this limit. |
| R671-519-3. Personal Appearance |
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A personal appearance hearing is not required for purposes of arguing the evidence. However, if, after reviewing the transcripts and memoranda, the hearing official concludes that parole has been violated, a personal appearance hearing may be held for purposes of determining disposition and hearing victim testimony. |