Utah Administrative Code

R671. Pardons (Board of), Administration.R671-312A. Commutation Procedures Applicable to Persons Sentenced to Death On or Before April 26, 1992. R671-312A-1. Scope of Rule. Rule R671-312 governs petitions and proceedings when a petition for commutation of a death sentence is file…

R671. Pardons (Board of), Administration.R671-312B. Commutation Procedures Applicable to Persons Sentenced to Death After April 26, 1992. R671-312B-1. Scope of Rule. Rule R671-312 governs all petitions and proceedings when a petition for commutation of a death sentence is filed b…

R671. Pardons (Board of), Administration.R671-313. Commutation Hearings (Non-Death Penalty Cases). R671-313-1. Applicability. (1) No person has a right, privilege, or entitlement to commutation or clemency. (2) Petitions for commutation of a death sentence shall be governed by ap…

R671. Pardons (Board of), Administration.R671-314. Compassionate Release. R671-314-1. Rule. (1) The Board shall consider a compassionate release when specified exceptional circumstances exist. (2) A compassionate release request submitted on behalf of an offender does not limit o…

R671. Pardons (Board of), Administration.R671-315. Pardons. R671-315-1. Pardons. (1)(a) The Board may consider an application for a pardon from any individual who has been convicted of an offense in Utah, after the applicant has exhausted judicial remedies, including expungement,…

R671. Pardons (Board of), Administration.R671-316. Redetermination. R671-316-1. Redetermination Review. (1) Redetermination is a process whereby the Department of Corrections (Department), a legal representative of the offender, or the offender may request that the Board review n…

R671. Pardons (Board of), Administration.R671-402. Special Conditions of Parole. R671-402-1. General. (1) The Board may add special conditions to a standard parole agreement. Special conditions are generally intended to help hold an offender accountable or to help meet an offende…

R671. Pardons (Board of), Administration.R671-403. Restitution. R671-403-1. General Provisions. (1) This rule applies to offenders sentenced before July 1, 2021, only. For offenders sentenced on or after July 1, 2021, the Board will follow the procedures of Rule R671-404. (2) If …

R671. Pardons (Board of), Administration.R671-404. Restitution and Other Costs Applicable to Persons Sentenced on or After July 1, 2021. R671-404-1. General Provisions. (1) This rule shall apply to offenders sentenced on or after July 1, 2021. For offenders sentenced before July …

R671. Pardons (Board of), Administration.R671-405. Parole Termination. R671-405-1. General Provisions. (1) When an offender is granted parole, the offender shall remain on parole until: (a) the offender's maximum parole term has been served; (b) the Board grants a parole terminat…

R671. Pardons (Board of), Administration.R671-509. Parole Progress / Violation Reports. R671-509-1. Progress / Violation Reports. (1) In accordance with sentencing and supervision length guidelines, a parole agent or other representative of the Department of Corrections shall sub…

R671. Pardons (Board of), Administration.R671-510. Evidence for Issuance of Warrants. R671-510-1. Evidence for Issuance of Warrants. (1) Board Warrants shall be issued only upon a showing that there is probable cause to believe that a parole violation has occurred. (2) A Warrant …

R671. Pardons (Board of), Administration.R671-512. Execution of the Warrant. R671-512-1. Execution of the Warrant. (1) When a parolee is arrested on a Board warrant, an agent of the Department shall provide the parolee with copies of the warrant, the warrant request/parole violat…

R671. Pardons (Board of), Administration.R671-513. Expedited Determination of Parolee Challenge to Probable Cause. R671-513-1. Expedited Determination of Parolee Challenge to Probable Cause. 1. If a parolee who is returned to custody for a parole violation wishes to challenge the…

R671. Pardons (Board of), Administration.R671-514. Waiver and Pleas. R671-514-1. Waiver and Pleas. After the execution of a Board warrant, the offender shall be informed of the opportunity to admit, deny, or plead no contest to any or all the alleged parole violations. An admissi…

R671. Pardons (Board of), Administration.R671-515. Timeliness of Parole Revocation Hearings. R671-515-1. Timeliness of Parole Revocation Hearings. A Parole Revocation Hearing shall be conducted within 30 days after detention in a state prison, unless the parolee expressly waives …

R671. Pardons (Board of), Administration.R671-516. Parole Revocation Hearings. R671-516-1. Allegations. At the hearing, the hearing official shall: (a) inform the parolee of the parole violation allegations; (b) review the parolee's rights as to any guilty or no-contest pleas tha…

R671. Pardons (Board of), Administration.R671-517. Evidentiary Hearings and Proceedings. R671-517-1. Evidentiary Hearings and Proceedings. When a parolee has entered a not guilty plea to a parole violation allegation and the Board wishes to consider the allegation, the Board shal…

R671. Pardons (Board of), Administration.R671-519. Proceedings When Criminal Charges Result in Acquittal. R671-519-1. Proceedings When Criminal Charges Result in Acquittal. 1. If the basis for a parole revocation proceeding is a criminal charge of which the parolee is later acqui…

R671. Pardons (Board of), Administration.R671-520. Treatment of Confidential Testimony. R671-520-1. Treatment of Confidential Testimony. 1. Confidential testimony shall be admitted at an evidentiary hearing on an alleged parole violation. 2. The State shall make a specific, writt…

R671. Pardons (Board of), Administration.R671-522. Continuances Due to Pending Criminal Charges. R671-522-1. Continuances Due to Pending Criminal Charges. (1) The Board may, in its discretion, and in accordance with statute, continue hearings and scheduling reviews to allow for a…

R68. Agriculture and Food, Plant Industry.R68-1. Inspection and Registration of Bees. R68-1-1. Authority. Section 4-11-103 authorizes this rule. R68-1-2. Registration. (1) Each person who keeps bees in Utah shall register with the department pursuant to Section 4-11-104. (2) The …

R68. Agriculture and Food, Plant Industry.R68-10. Quarantine Pertaining to the European Corn Borer. R68-10-1. Purpose and Authority. (1) Promulgated under authority of Subsection 4-2-103(1)(k). (2) This rule establishes a quarantine pertaining to the European Corn Borer (Ostrinia…

R68. Agriculture and Food, Plant Industry.R68-11. Emerald Ash Borer Quarantine. R68-11-1. Authority. Subsection 4-2-103(1)(k) and Section 4-35-109 authorize this rule. R68-11-2. Purpose. (1) This rule establishes a quarantine pertaining to the Emerald Ash Borer, Agrilus planipenn…

R68. Agriculture and Food, Plant Industry.R68-14. Spongy Moth Quarantine. R68-14-1. Authority. Subsection 4-2-103(1)(k) and Section 4-35-109 authorize this rule. R68-14-2. Purpose. This rule establishes a quarantine for the spongy moth, Lymantria dispar. R68-14-3. Definitions. (1…

R68. Agriculture and Food, Plant Industry.R68-15. Quarantine Pertaining to Japanese Beetle, Popillia japonica. R68-15-1. Authority. Promulgated under the authority of Subsection 4-2-103(1)(i) and Section 4-35-109. R68-15-2. Purpose. (1) In accordance with Subsection 4-2-103(1)(k)…

R68. Agriculture and Food, Plant Industry.R68-18. Karnal Bunt Quarantine. R68-18-1. Authority. Subsection 4-2-103(1)(k) authorizes this rule. R68-18-2. Purpose. (1) This rule establishes a quarantine for Karnal bunt, Tilletia indica Mitra, a serious fungal disease of wheat, durum…

R68. Agriculture and Food, Plant Industry.R68-19. Compliance Procedures. R68-19-1. Purpose and Authority. (1) This rule is promulgated under authority of Subsection 4-2-103(1)(j). (2) This rule establishes the division's use of emergency orders, the issuing of citations, and requ…

R68. Agriculture and Food, Plant Industry.R68-2. Utah Commercial Feed Act Governing Feed. R68-2-1. Authority. (1) Promulgated under the authority of Section 4-12-103, Subsections 4-12-102(4)(a)(iii) and 4-12-105(3). (2) The Association of American Feed Control Officials (AAFCO) h…

R68. Agriculture and Food, Plant Industry.R68-20. Utah Organic Standards. R68-20-1. Purpose and Authority. (1) Promulgated under authority of Subsection 4-2-103(1)(i), and Sections 4-3-201, 4-4-102, 4-5-104, 4-9-103, 4-11-103, 4-12-103, 4-14-106, 4-16-103, 4-32-109, and 4-37-109.…

R68. Agriculture and Food, Plant Industry.R68-21. Beekeeping Standards. R68-21-1. Authority. This rule is promulgated according to the authority of Subsection 4-11-116(4). R68-21-2. Purpose. (1) This rule establishes standards for beekeeping activities on private property within …

R68. Agriculture and Food, Plant Industry.R68-23. Utah Firewood Quarantine. R68-23-1. Authority and Purpose. (1) Promulgated under authority of Subsection 4-2-103(1)(k) and Section 4-35-109. (2) This rule is enacted to prevent the movement of invasive insects transported by firew…

R68. Agriculture and Food, Plant Industry.R68-3. Utah Plant Food Rule. R68-3-1. Authority. Subsection 4-2-103(1)(i) and Section 4-13-110 authorize the department to adopt rules to enforce Title 4, Chapter 13, the Utah Plant Food Act and to adopt the official terms, tables, defini…

R68. Agriculture and Food, Plant Industry.R68-4. Standardization, Marketing, and Phytosanitary Inspection of Fresh Fruits, Vegetables, and Other Plant and Plant Products. R68-4-1. Purpose and Authority. (1) Promulgated under authority of Subsection 4-2-103(1). (2) This rule estab…

R68. Agriculture and Food, Plant Industry.R68-5. Grain Inspection. R68-5-1. Purpose and Authority. (1) Promulgated under authority of Subsection 4-2-103(1)(g). (2) This rule establishes a fee system for grain inspection and grading standards for safflower. R68-5-2. Definitions. (…

R68. Agriculture and Food, Plant Industry.R68-6. Utah Nursery Rule. R68-6-1. Purpose and Authority. (1) Promulgated under authority of Section 4-15-104. (2) This rule establishes standards for nurseries to ensure that nurseries produce healthy plants and that nursery stock shippe…

R68. Agriculture and Food, Plant Industry.R68-7. Utah Pesticide Control Rule. R68-7-1. Authority. Promulgated under authority of Section 4-14-106. R68-7-2. Definitions. (1) "Commercial pesticide applicator" means any person who uses or applies pesticides for hire or compensation,…

R68. Agriculture and Food, Plant Industry.R68-8. Utah Seed Rule. R68-8-1. Authority. (1) This rule is promulgated under the authority of Sections 4-2-103, 4-16-103, 4-17-103, and Subsection 4-16-202(1)(c). (2) This rule incorporates by reference the March 1, 2023, list of officia…

R68. Agriculture and Food, Plant Industry.R68-9. Utah Noxious Weed Act. R68-9-1. Purpose and Authority. (1) Promulgated under authority of Subsections 4-2-103(1)(i), 4-17-115(3), and Section 4-17-103. (2) This rule establishes the designations for noxious weeds, the designations …

R698. Public Safety, Administration.R698-1. Public Petitions for Declaratory Orders. R698-1-1. Authority. (1) As required by Section 63G-4-503, this rule provides the procedures for submission, review and disposition of petitions for agency declaratory orders on the applicability…

R698. Public Safety, Administration.R698-10. Electronic Meetings. R698-10-1. Authority. This rule is authorized by Section 52-4-207. R698-10-2. Purpose. The purpose of this rule is to establish procedures for conducting electronic meetings by department public bodies. R698-10-3. …

R698. Public Safety, Administration.R698-11. Submission and Testing of Sexual Assault Kits. R698-11-1. Authority. This rule is authorized under Section 76-5-609. R698-11-2. Purpose. The purpose of this rule is to establish procedures for the submission and testing of sexual assau…

R698. Public Safety, Highway Patrol.R698-12. Fallen Officer Memorial Scholarship Program. R698-12-1. Purpose. The purpose of this rule is to establish the process for a child of a public safety officer of a firefighter who died in the line of duty, and who is at least 17 years of…

R698. Public Safety, Administration.R698-13. School Safety. R698-13-1. Authority. This rule is authorized by Section 53-22-102. R698-13-2. Purpose. This rule establishes building and safety standards for any public or private school. R698-13-3. Definitions. (1) Terms used in this…

R698. Public Safety, Administration.R698-14. Security Improvement Certification. R698-14-1. Purpose. This rule establishes the procedure for an individual to apply to the department for a protection certificate. R698-14-2. Authority. This rule is authorized by Section 53-30-201. …

R698. Public Safety, Administration.R698-2. Government Records Access and Management Act Rule. R698-2-1. Purpose. The purpose of the following rule is to provide procedures for access to government records of the Utah Department of Public Safety (Department). R698-2-2. Authority.…

R698. Public Safety, Administration.R698-3. Americans With Disabilities Act (ADA) Complaint Procedure. R698-3-1. Authority and Purpose. A. This rule is promulgated pursuant to Section 63-46a-3(2) of the State Administrative Rulemaking Act. The Department of Public Safety (hereina…