Utah Admin. Code 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.
Notes
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