DAR File No. 27779

Natural Resources, Oil, Gas and Mining; Coal

R645-400

Inspection and Enforcement: Division Authority and Procedures

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27779
Filed: 03/25/2005, 11:51
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 40-10-1 et seq. contains the Coal Regulatory Program statutory authority for the State of Utah. The entire regulatory program is a collection of laws and rules which constitute the State's primacy program under the aegis of the (federal) Office of Surface Mining. A major component of the coal primacy program is the inspection and enforcement segment which is formed by the rule that is the subject of this five-year review notice.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received on this rule since it was last reviewed in June of 2000.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is needed to maintain the structure of the Inspection and Enforcement segment of the Utah Coal Regulatory Program and will, in turn, assure State primacy in the regulation of coal mining and reclamation. State primacy keeps regulatory decision making at the State and not the Federal level and within the Utah view of natural resources management. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Ron Daniels at the above address, by phone at 801-538-5316, by FAX at 801-359-3940, or by Internet E-mail at rondaniels@utah.gov

Authorized by:

Ron Daniels, Coordinator of Minerals Research

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Ron Daniels at the above address, by phone at 801-538-5316, by FAX at 801-359-3940, or by Internet E-mail at rondaniels@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.