R722-360-4
R722-360-4. Application for a Certificate of Eligibility for Removal
Cite as Utah Admin. Code R722-360-4
(1)(a) A person may apply for an SOR certificate of eligibility by submitting a completed Application for Early Removal of Name from the Sex, Kidnap, and Child Abuse Offender Registry form to the bureau.
(b) The application form must be accompanied by a payment of the application fee established by the bureau in the form of cash, check, money order, or credit card.
(2)(a) Upon receipt of a completed application form and payment of the application fee, the bureau shall review each criminal episode contained on the petitioner's criminal history, in its entirety, to determine whether the petitioner meets the requirements for an SOR certificate of eligibility found in Sections 53-29-204 through 53-29-206.
(b) In making its determination, the bureau shall also review all federal, state and local criminal records, to which it has access.
(3)(a) If the bureau has insufficient information to determine whether the petitioner meets the requirements for an SOR certificate of eligibility, the bureau may require the petitioner to submit additional information.
(b) If the bureau does not receive additional information requested within 60 days from the date of the request, the petitioner's application shall be denied.
(4)(a) If the bureau finds that the petitioner meets the requirements for the issuance of an SOR certificate of eligibility, the bureau shall send a letter to the petitioner, at the address indicated on the application form, indicating that the petitioner must pay the issuance fee established by the bureau to receive the SOR certificate of eligibility.
(b) If the payment for the certificate of eligibility is not received by the bureau within 60 days from the date of the approval letter;
(i) the petitioner's application shall be voided; and
(ii) the petitioner will be required to submit a new application form and pay applicable fees.
(5) If the bureau finds that the petitioner does not meet the criteria for the issuance of an SOR certificate of eligibility, the bureau shall send a letter to the petitioner, at the address indicated on the application form, which describes the reasons why the petitioner's application was denied and notifies the petitioner that the petitioner may seek agency review of the bureau's decision by following the procedures outlined in Section R722-360-5.