Section R671-204-1 - Permissible Hearing ContinuancesBoard hearings may be continued:
(1) to inquire into, investigate, assess, or respond to any issue associated with a:(a) possible lack of competency of the offender, pursuant to Utah Code Ann. Sections 77-15-2, 77-15-3 or Utah Admin. Rule R671-206; or(b) mentally ill offender whose mental health has deteriorated to a point where the offender has been transferred to the state hospital, or whose mental illness renders the offender unable to attend, understand, or appropriately participate in a hearing, pursuant to Utah Code Ann. Sections 62A-15-605, 62A-15-605.5, 77-16a-204, Utah R. Admin. P. R207-1, R207-2 or R671-207;(2) when the offender is not available for the hearing due to medical or mental health reasons;(3) to allow an offender who has been determined by the Board to be unable to effectively represent themselves to obtain assistance at the hearing, pursuant to Utah R. Admin. P. R671-308;(4) to allow for the personal appearance of the offender if the offender is unable to appear at the hearing as scheduled;(5) upon the request of a victim of record who desires to participate in the hearing, pursuant to Utah R. Admin. P. R671-203, but who cannot reasonably attend the hearing as scheduled;(6) to await the adjudication or resolution of new or additional criminal charges;(7) to conduct a parole violation evidentiary hearing, pursuant to Utah R. Admin. P. R671-517;(8) at the motion or request of the offender or an attorney representing the offender, with a written waiver and stipulation for the continuance, and a minimum notice to the Board of 3 business days;(9) when the Board determines that new, additional, critical, or material information necessary for a full, fair, accurate, and complete hearing has not been received and will not be received by the scheduled hearing; or(10) when the Board finds that a continuance is in the interest of justice, procedural economy, or is necessary because of transportation, technical, security, or other issues beyond the control of the Board.Utah Admin. Code R671-204-1
Adopted by Utah State Bulletin Number 2015-20, effective 10/1/2015Amended by Utah State Bulletin Number 2016-22, effective 10/31/2016