Utah Admin. Code 356-9-6

Current through Bulletin No. 2024-21, November 1, 2024
Section 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.

Utah Admin. Code R356-9-6

Adopted by Utah State Bulletin Number 2024-19, effective 9/23/2024