R671-312B-4. Preliminary Determinations and Procedures

(1) If the Board determines that it cannot consider the claims pursuant to Utah Code Section 77-27-5.5, it shall deny the petition. (2) If the Board determines the petition does not present a substantial issue for commutation, it shall deny the petition. (3) If the Board determines the petition presents a substantial issue for commutation, which has not, or could not have been reviewed by the judicial process, the Board may grant a commutation hearing or deny the petition without further pleadings, response, hearing, or submissions. (4) The Board shall issue an order either granting or denying a commutation hearing. The Board's order shall be delivered to the petitioner, counsel, and the state's counsel, either by mail or electronic mail. (5) If the Board grants a commutation hearing, the Board Chair or another Board Member designated by the Chair, shall: (a) schedule and hold a pre-hearing conference with the petitioner's counsel and the state's counsel schedule the commutation hearing; (b) identify the witnesses to be called; (c) clarify the issues to be addressed; and (d) take any other action deemed necessary and appropriate to conduct the commutation hearing and proceedings.