Utah Administrative Code
Topic - Public Safety
Title R722 - Criminal Investigations and Technical Services, Criminal Identification
Rule R722-350 - Certificate of Eligibility
Section R722-350-4 - Agency Review of a Decision to Deny an Application for a Certificate of Eligibility
Universal Citation: UT Admin Code R 722-350-4
Current through Bulletin 2024-06, March 15, 2024
(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 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;
(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 Section 77-40-104 and 77-40-105.
(4)
(a)
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 indicated on the application.
(b) If upon further review the bureau is
unable to determine whether the petitioner meets the requirements for a
certificate of eligibility found in Sections
77-40-104
and
77-40-105,
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.
(c) If further review indicates that the
petitioner meets the requirements for the issuance of a certificate of
eligibility found in Section
77-40-104,
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.
(d) 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 indicate that the
petitioner must pay the issuance fee established by the bureau for each
certificate of eligibility.
(e) 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
R722-350-5.
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