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:
R671-517. Evidentiary Hearings and Proceedings
B. Purpose of the new rule or reason for the change:
The amendment clarifies and modernizes parole revocation hearing procedures, including evidentiary standards, due process rights, disclosure requirements, continuances, and remote-hearing procedures.
C. Summary of the new rule or change:
The change clarifies when an evidentiary hearing is required, including when a parolee denies a violation allegation, while recognizing exceptions for convictions and revocations under Rule R671-518.
It also updates terminology and establishes clearer procedures for witness appearances, briefing, continuances, discretion, and burden of proof.
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 clarify process but do not impact procedure cost.
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 change does 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):
There is no fiscal impact on persons other than small businesses, non-small businesses, state or local government entities because the rule changes clarify process but do not impact procedure cost.
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:
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.
R671-517. Evidentiary Hearings and Proceedings.
R671-517-1. Evidentiary Hearings and Proceedings.
When a parolee denies[has entered a not guilty plea to] a parole violation allegation and the Board decides[wishes] to consider the allegation, the Board shall hold an evidentiary hearing unless the parolee has been convicted of a criminal charge and revocation is ordered pursuant to [Utah R. Admin. P. ]Rule R671-518. R671-517-2. Confidentiality.
All hearings are open to the public, unless the Board decides that confidential information must be discussed. Only those portions of the hearing during which confidential information is discussed may be closed. See [Utah R. Admin. R. ]Rule R671-520. R671-517-3. Notification.The Board shall notify all parties of the time, date, and place of the hearing and of the disputed allegations. The parolee shall be notified of the right to be represented by an attorney of choice at the parolee's own expense, or such counsel as may be provided by the Board. The parolee shall also be informed of the right to confront and cross[ ]-examine witnesses, absent a showing of good cause for not allowing the confrontation, and the right to present rebuttal evidence. R671-517-4. Anticipated Witnesses, Documents, and Other Evidence. At least ten days prior to the hearing, unless otherwise directed by the Board, each party shall provide to the opposing party and to the Board a list of anticipated witnesses, documents, and other evidence to be submitted at the hearing, together with a summary of the relevance of each anticipated piece of evidence. Failure to comply with this rule may result in sanctions including, but not limited to, exclusion of the non-disclosed witnesses and evidence.
R671-517-5. Single Hearing Official.
An evidentiary hearing may be presided over by a single Board member or hearing officer as the Board Chair designates. The hearing official may, at their own discretion[sua sponte], or upon motion of either party, exclude evidence that is irrelevant, unduly repetitious, or privileged. The hearing official may take judicial notice of undisputed facts and may rule on motions made prior to or during the hearing. R671-517-6. [Department of Corrections Bears ]Burden of Proof and Evidentiary Standards. The Department of Corrections (Department) bears the burden of proving[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 that prevent evidence obtained in violation of the parolee's constitutional rights[and case law] do not apply to parole revocation hearings. R671-517-7. [Opening Statements]Hearing Proceedings. (1) At the hearing, each party may make a brief opening statement, beginning with the [State]Department. After opening statements, the [State]Department has the burden of presenting evidence of the parole violation. Upon conclusion of the [State's]Department's case, the parolee may present evidence in response. If the parolee, as a defense, raises issues not adequately addressed by the [State's]Department's case in chief, the hearing official may allow the [State]Department to present rebuttal evidence in response. Upon conclusion of all evidence, the hearing official may allow each party to make a brief closing argument. (2) Hearing witnesses must appear on camera during their testimony. An exception may be made to on camera testimony if the hearing official determines that there is good cause to allow the camera to remain off. R671-517-8. Written Submissions.
(1) Any brief or legal memorandum submitted to the Board as part of an evidentiary hearing shall be filed at least ten calendar days prior to the hearing, and shall include proof of service on the opposing party. The opposing party shall file any written response no later than three calendar days prior to the hearing. Written submissions shall be no longer than ten double-spaced, typed pages, excluding exhibits. Either party may petition the hearing official for permission to exceed these length requirements or shorten these time requirements, and the decision whether to allow this shall rest in the sole discretion of the hearing official. (2) At the conclusion of an evidentiary hearing, the parties may request or the hearing official may direct the parties to submit briefing on an issue raised at the evidentiary hearing. The timeline for submission of the briefing shall be at the discretion of the hearing official. R671-517-9. Continuances.
(1)[.] All requests to continue a scheduled evidentiary hearing shall:[ ] (a) be submitted to the B[b]oard in writing, at least seven calendar days prior to the scheduled hearing; and[ ] (b) contain either a stipulation of the parties, or a statement of why there is an extraordinary need for continuance and why such a continuance will not prejudice the interests of the other party. (2)[.] The decision to grant or deny a continuance may be made by[rests in the sole discretion of] the hearing official. (3)[.] In the event a continuance is granted, each party shall be responsible for notifying its own witnesses. (4) Continuances may be granted at the evidentiary hearing at the hearing official's discretion. KEY: parole, evidentiary, hearings
Date of Last Change: 2026[May 22, 2013] Notice of Continuation: October 4, 2022
Authorizing, and Implemented or Interpreted Law: 77-27-1.5; 77-27-5; 77-27-9; 77-27-11 !--dar--
