Section R722-350-5 - Agency Review of a Decision to Deny an Application for a Certificate of Eligibility(1) A petitioner may seek review of the denial of an application for a certificate of eligibility, as provided by Section 63G-4-301, by mailing or emailing a written request for review to the bureau within 30 days from the date the denial letter is issued.(2) The request for review must:(a) be signed by the petitioner or the corresponding third party;(b) state the specific grounds upon which relief is requested;(c) state the date upon which it was mailed; and(d) include documentation which supports the petitioner's request for review.(3) An employee of the bureau shall be designated to review the petitioner's written request, any accompanying documents supplied by the petitioner, and the materials contained in the application file to determine whether the petitioner meets the requirements for the issuance of a certificate found in Sections 77-40a-105 and 77-40a-303.(4) Within a reasonable time after receiving the request for review, the bureau shall issue a final written order on review, which shall be mailed to the petitioner at the address or email indicated on the application.(5) If upon further review the bureau cannot determine whether the petitioner meets the requirements for a certificate of eligibility found in Sections 77-40a-105 and 77-40a-303, the bureau shall send a letter to the petitioner, at the address indicated on the application form, indicating that the petitioner may obtain a special certificate for each criminal episode upon the payment of the issuance fee established by the bureau, per special certificate. (a) If the petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the bureau will not charge an issuance fee for the special certificate.(b) If the court does not find a petitioner to be indigent after a petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the petitioner will be required to pay each issuance fee before the bureau will process an expungement order.(6) If further review indicates that the petitioner meets the requirements for the issuance of a certificate of eligibility found in Section 77-40a-105, the bureau shall send a certificate of eligibility to the petitioner, unless the charges were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.(7) If further review indicates that the petitioner meets the requirements for the issuance of a certificate of eligibility under any other circumstances, the order shall state that the petitioner must pay the issuance fee established by the bureau for each certificate of eligibility.(a) If the petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the bureau will not charge an issuance fee for a certificate of eligibility.(b) If the court does not find a petitioner to be indigent after a petitioner requests a fee waiver as described in Subsection R722-350-4(1)(c), the petitioner will be required to pay an issuance fee for each certificate of eligibility before the bureau will process an expungement order.(8) If further review indicates that the petitioner does not meet the requirements for the issuance of a certificate, the order shall describe the reasons why the bureau's decision was upheld and notify the petitioner that the petitioner's opportunity to review the bureau's decision is limited to review by the district court as described in Section R722-350-6.Utah Admin. Code R722-350-5
Amended by Utah State Bulletin Number 2018-3, effective 1/10/2018Amended by Utah State Bulletin Number 2025-01, effective 12/30/2024