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The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

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Rule R671-519. Proceedings When Criminal Charges Result in Acquittal.

As in effect on August 1, 2009

Table of Contents

R671-519-1. Proceedings When Criminal Charges Result in Acquittal.

If the basis for revocation proceeding is a criminal charge in which the parolee was acquitted, the parole agent or representative of the State may submit as its sole evidence the transcript from the criminal trial. If the parolee believes submission on the transcript is insufficient, the parolee shall inform the Board of any objection and provide a rationale for the objection. Nevertheless, a trial at which the parolee was represented by counsel is presumed sufficient for the hearing official to determine by a preponderance of the evidence whether parole was violated.

R671-519-2. Evidence Explanation.

Both parties may file memoranda explaining how the evidence provided at the trial either did, or did not, provide sufficient evidence, under a preponderance standard, for finding a parole violation. Such memoranda shall not exceed ten (10), 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.

A personal appearance hearing is not required under this rule 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 listening to any victim comments.

KEY

parole, acquit, hearings

Date of Enactment or Last Substantive Amendment

October 25, 2007

Notice of Continuation

August 14, 2008

Authorizing, Implemented, or Interpreted Law

77-27-5; 77-27-9; 77-27-11

Rule converted into HTML by the Division of Administrative Rules.

For questions regarding the content or application of rules under Title R671, please contact the promulgating agency (Pardons (Board of), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

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 rules.

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