NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Pardons (Board of), Administration
448 E Winchester St, #300
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R671-310. Rescission Hearings
B. Purpose of the new rule or reason for the change:
The amendment clarifies that outside parties requesting rescission must provide information supporting the request before a rescission hearing can be scheduled.
This rule also focuses rescission on the release itself, removes outdated language regarding rehearing dates and escape-specific procedures, and allows greater flexibility in handling continuances.
C. Summary of the new rule or change:
The changes clarify that rescission applies only to an offender's release and require outside parties to provide supporting information before a hearing is scheduled.
This rule also removes the automatic escape-related rescission provision and clarifies the Board of Pardons' authority to make an interim rescission decision before a hearing or release date.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
There is no anticipated impact on state budgets because the changes are updates that will not affect procedures.
This rule change is not anticipated to have any fiscal impact on local governments because local governments are not regulated by this rule.
C. Small businesses ("small business" means a business employing 1-49 persons):
This rule change does not have a fiscal impact on small businesses because small businesses are not regulated by this rule.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The proposed rule changes do not have a fiscal impact on non-small businesses because non-small businesses are not regulated by this rule.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The proposed rule changes do not have a fiscal impact on persons other than small businesses, non-small businesses, state or local government entities.
No other persons are regulated by this rule.
F. Compliance costs for affected persons:
There are no compliance costs for affected persons because this rule clarifying and does not impact procedure cost.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Board Administrator of the Board of Pardons and Parole, Jennifer Yim, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Utah Constitution, Article VII, Section 12
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
B. A public hearing (optional) will be held (The public may request a hearing by submitting a written request to the agency, as outlined in Section 63G-3-302 and Rule R15-1.):
Place (physical address or URL):
448 E Winchester St
Suite 300
Murray, UT
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
R671. Pardons (Board of), Administration.
R671-310. Rescission Hearings.
R671-310-1. Rescission Hearings.
(1) Any Board decision may be reviewed and rescinded by the Board at any time prior to an offender's actual release from custody.
(2) If the rescission of a release [or rehearing date ]is being requested by an outside party: (a) information shall be provided to the Board establishing the basis for the request; and
(b) upon receipt of such information, the Board may schedule the offender for a rescission hearing.
(3) The Board may review and rescind an offender's release [or rehearing date ]on its own initiative. (a) Except under extraordinary circumstances, the offender should be notified of the basis for consideration of rescission and the date of the scheduled hearing at least seven calendar days in advance of the hearing.(b) The offender may waive this period.
[(4) In the event of an escape, the Board will rescind the inmate's date upon notification of escape from custody and continue the hearing until the inmate is available for appearance. The hearing may be continued pending criminal or administrative proceedings being resolved or until the Board receives appropriate information regarding the escape.] (4[5]) The Board may make an interim rescission decision [upon receipt of a rescission request and ]prior to a rescission hearing and prior to a release date. KEY: parole, inmate
Date of Last Change: 2026[February 16, 2022] Notice of Continuation: July 2, 2026
Authorizing, and Implemented or Interpreted Law: Article VII, Section 12; 77-27-5; [77-27-6; ]77-27-11 !--dar--
