Section R671-403-6 - Restitution Hearings - Procedure(1) Restitution hearings may be conducted by a Board member, hearing officer, or other designee of the Board Chair.(2) Board staff, the Department, the original prosecuting agency, the offender, and any victim may participate in the restitution hearing, as necessary.(3) The Board may issue subpoenas to procure the attendance of necessary witnesses.(4) The rules of evidence do not apply at restitution hearings.(5) Any payments, credits, or offsets, toward a restitution order may be proven by a preponderance of the evidence.(6) If any amount of restitution is claimed by, or on behalf of, any victim, in addition to any amount previously determined by a court or by the Board, including the initial restitution determination, the proponent of such additional restitution carries the burden of proving such additional restitution by a preponderance of the evidence. The request for restitution can be made by the victim or victim representative by submitting a written request to the Board.(7) Any party may submit documentation, records, or other written evidence for the Board to consider regarding the issue of restitution. The burden of proof is on the party requesting restitution to show by a preponderance of the evidence that the losses suffered were proximately caused by the offender's convicted conduct or that the offender agreed to pay.(8) The Board shall enter an order determining the amount of restitution owed by the offender, or continue the matter for additional information, further hearing or further consideration as needed.Utah Admin. Code R671-403-6
Adopted by Utah State Bulletin Number 2015-24, effective 11/30/2015Amended by Utah State Bulletin Number 2022-12, effective 6/9/2022Amended by Utah State Bulletin Number 2024-20, effective 10/10/2024