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DAR File No. 31815

This filing was published in the 09/01/2008, issue, Vol. 2008, No. 17, of the Utah State Bulletin.

Pardons (Board Of), Administration

R671-512

Execution of the Warrant

NOTICE OF PROPOSED RULE

DAR File No.: 31815
Filed: 08/14/2008, 01:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides guidelines for the execution of a warrant.

Summary of the rule or change:

All but one of the changes to this rule are minor word alterations. The only actual amendment to this rule is the addition of a Waiver of Time to the pleadings which must be provided to the parolee.

State statutory or constitutional authorization for this rule:

Sections 77-27-11, 77-27-27, 77-27-28, 77-27-29, and 77-27-30

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs or savings as the changes relate only to providing an additional pleading to the parolee.

local governments:

None--The changes do not introduce costs or savings as the changes relate only to providing an additional pleading to the parolee.

small businesses and persons other than businesses:

None--The changes do not introduce costs or savings as the changes relate only to providing an additional pleading to the parolee.

Compliance costs for affected persons:

None--The changes do not introduce costs or savings as the changes relate only to providing an additional pleading to the parolee.

Comments by the department head on the fiscal impact the rule may have on businesses:

It has been determined that there is no fiscal impact on business associated with this amendment. Curtis Garner, Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Pardons (Board Of)
Administration
448 E 6400 S
SALT LAKE CITY UT 84107-8530

Direct questions regarding this rule to:

Megan Flox-Lambert at the above address, by phone at 801-261-6456, by FAX at 801-261-6448, or by Internet E-mail at mflox@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2008

This rule may become effective on:

10/08/2008

Authorized by:

Curtis L Garner, Chairman

RULE TEXT

R671. Pardons (Board of), Administration.

R671-512. Execution of the Warrant.

R671-512-1. Execution of the Warrant.

When the agent executes the warrant, or as soon thereafter as possible, the agent shall provide the parolee copies of the warrant and the warrant request. At the same time, the agent shall also provide the parolee with [the]a Notice Regarding Parole Allegations, [the]a Challenge to Probable Cause Determination, [and the]an Affidavit of Waiver and Plea of Guilt, [as published by the Board.]and Waiver of Time.

 

KEY: parole, warrants

Date of Enactment or Last Substantive Amendment: [November 19, 2003]2008

Notice of Continuation: September 11, 2003

Authorizing, and Implemented or Interpreted Law: 77-27-11; 77-27-27; 77-27-28; 77-27-29; 77-27-30

 

 

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Megan Flox-Lambert at the above address, by phone at 801-261-6456, by FAX at 801-261-6448, or by Internet E-mail at mflox@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.

Last modified:  08/28/2008 9:13 AM