(1) In cases in which the death penalty has not been imposed, the board staff will conduct a preliminary review of the application for clemency and submit a report to a hearing panel for its consideration.

(a) 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:

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

(ii) 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.

(b) If a hearing panel decides to accept the application, it will request the department to conduct an investigation within 90 days of its request. The hearing panel may request a psychological evaluation of the applicant as part of the investigation.

(i) Within 90 days of receiving the investigation report, board staff will compile all the information for a hearing panel's consideration and make a recommendation to the panel that the panel either reject the application or order a hearing on the application.

(ii) The panel may require other reports that, in the panel's opinion, are necessary.

(c) 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.

(d) If in the opinion of the hearing panel sufficient cause appears to conduct a hearing on the application, the panel will sign an order indicating the following:

(i) the date on which the hearing will be held;

(ii) that all persons having an interest in the matter who desire to be heard should be present on the date set for the hearing;

(iii) that the order must be printed and published in a newspaper of general circulation in the county where the crime was committed once each week for two weeks; and

(iv) that a copy of the order must be sent to the district judge, the county attorney, the sheriff of the county where the crime was committed, and to the applicant.

(e) If the panel denies the application without a hearing, it will give notice to the applicant and will post the denial on the board's web site within 21 calendar days of the board's decision.

(2) If the board receives an application for clemency for an inmate for whom the death penalty has been imposed, the board will set a date for a hearing on the application. Board staff will give notice of the hearing date, as prescribed by law, and as described in (1)(d).