Section R671-312B-4 - Preliminary Determinations and Procedures(1) If the Board determines that it cannot consider the claims pursuant to Section 77-27-5.5, it shall deny the petition.(2) If the Board determines the petition does not present a substantial issue for commutation, it shall deny the petition.(3) If the Board determines the petition presents a substantial issue for commutation, which has not, or could not have been reviewed by the judicial process, the Board may grant a commutation hearing or deny the petition without further pleadings, response, hearing, or submissions.(4) The Board shall issue an order either granting or denying a commutation hearing. The Board's order shall be delivered to the petitioner, counsel, and the state's counsel, either by mail or electronic mail.(5) If the Board grants a commutation hearing, the Board Chair or another Board Member designated by the Chair, shall:(a) schedule and hold a pre-hearing conference with the petitioner's counsel and the state's counsel schedule the commutation hearing;(b) identify the witnesses to be called;(c) clarify the issues to be addressed; and(d) take any other action deemed necessary and appropriate to conduct the commutation hearing and proceedings.Utah Admin. Code R671-312B-4
Amended by Utah State Bulletin Number 2024-08, effective 4/1/2024Amended by Utah State Bulletin Number 2024-17, effective 8/14/2024