(1) The board staff will conduct a preliminary review of the application for clemency and submit a report to a board hearing panel for its consideration. In cases in which the death penalty has not been imposed the hearing panel, based on the staff's preliminary review, may accept or reject the application. The panel will base its decision to accept or reject an application on:

(a) all the circumstances surrounding the crime for which the applicant was convicted; and

(b) the individual circumstances relating to social conditions of the applicant prior to commission of the crime, at the time the offense was committed, and at the time of the application for clemency.

(2) Upon a hearing panel decision to accept the application, and in all cases in which the death penalty has been imposed, it will request the department to conduct an investigation within 90 days of its request.

(3) Within 90 days of receiving the investigation report, board staff will compile all the information for a hearing panel's consideration. In cases in which the death penalty has not been imposed, board staff will make a recommendation that the panel either reject the application or order a hearing on the application. The panel may require other reports that, in the panel's opinion, are necessary.

(4) In cases in which the death penalty has not been imposed, after receipt of the investigation report, the board staff's recommendation, and any other reports the panel has required, a hearing panel will consider the application and decide whether to deny the application or hold a hearing concerning the application.

(5) If in the opinion of the hearing panel sufficient cause appears to conduct a hearing on the application, and in all cases in which the death penalty has been imposed, the panel will set a date for the hearing and order board staff to give notice of the hearing date as prescribed by law to all concerned including the applicant, law enforcement, the sentencing court, the county attorney in the county in which the crime was committed, and victims of the crime.

(6) If the panel denies the application without a hearing, it will give notice to all concerned.