Utah Admin. Code R356-9-6 - Review of a Complaint
(1) Once a
complaint is received from the coordinator, the chair shall schedule a meeting
of the full committee to review the complaint as soon as practicable.
(2)
(a) If
the committee determines that the complaint does not allege a violation of a
victim's rights, the chair shall issue a letter as described in Subsection
63M-7-1003(2)(a).
(b) The coordinator shall send a copy of the
letter to the victim or the representative of the victim as described in
Subsection
63M-7-1003(2)(b).
(3) If the committee determines
that the complaint does allege a violation of a victim's rights, the
coordinator shall:
(a) forward a copy of the
complaint to the subject of the complaint; and
(b) notify the victim and the subject of the
complaint that:
(i) the complaint will be
considered at the committee's next meeting; and
(ii) the victim or the subject of the
complaint may attend the committee meeting or submit additional information for
the committee's consideration.
(4) If the complaint alleges that a criminal
justice agency or an employee of a criminal justice agency violated a victim's
rights, the coordinator shall contact the criminal justice agency and request a
copy of any investigative findings the criminal justice agency may have related
to the complaint.
(5) At the
subsequent meeting the committee:
(a) shall
review all documentation received related to the complaint; and
(b) may hear from the victim or the subject
of the complaint.
(6)
The committee may request additional information from:
(a) the victim or a representative of a
victim who submitted the complaint;
(b) the subject of the complaint;
(c) a criminal justice agency; or
(d) any other individual or entity who may
have information related to the complaint;
(7)
(a)
After full consideration, the committee shall determine whether a violation of
a victim's rights occurred.
(b) The
chair shall issue a letter with the committee's findings or recommendations as
provided in Subsection
63M-7-1003(6).
(c) The coordinator shall send a copy of the
letter to the:
(i) victim or the
representative of a victim as provided in Subsection
63M-7-1003(7);
and
(ii) subject of the complaint;
and
(iii) supervisor of the subject
of the complaint.
Notes
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