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Rule 6-601. Mental health commissioners.


To identify the types of cases and matters which commissioners areauthorized to hear, to identify the types of relief which commissioners mayrecommend, and to identify the types of orders which may be issued bycommissioners.


This rule shall govern mental health proceedings for involuntarycommitment of an individual.

Statement of the Rule:

(1) Types of cases and matters. All applications for involuntarycommitment of individuals alleged to be mentally ill, which are filed in incounties where mental health commissioners are appointed and serving, shall bereferred to the commissioner upon filing with the clerk of the court, unlessotherwise ordered by the presiding judge.

(2) Authority of commissioner.

(2)(A) Except as limited in paragraph (4), the commissioner hasauthority to grant relief set forth in Utah Code Title 62A, Chapter 15, Part 6,Utah State Hospital and Other Mental Health Facilities.

(2)(B) The commissioner has authority to sign orders directingindividuals specified as designated examiners by the State Division of MentalHealth to conduct examinations of proposed patients.

(2)(C) The commissioner has authority to recommend dismissal of theapplication based on the report of the examination.

(2)(D) The commissioner has authority to hold an evidentiary hearingand make findings of fact, conclusions of law and recommendations to the court.

(2)(E) The commissioner's recommendation has the effect of an order ofthe court until it is modified by the court.

(3) Judicial review.

(3)(A) A petition for a new hearing under Section 62A-15-631(13) shallbe filed within 30 days after entry of the commissioner?s recommendations.

(3)(B) If the new hearing is held before a commissioner, the personcommitted or that person?s representative may object to the commissioner?srecommendations under Rule of Civil Procedure 108.

(4) Prohibitions.

(4)(A) Commissioners shall not make final adjudications.

(4)(B) Commissioners shall not serve as pro tempore judges in anymatter, except as provided by Rule of the Supreme Court.