Utah Admin. Code 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.
Notes
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