DAR File No. 31755

Natural Resources, Oil, Gas and Mining; Administration

R642-200

Applicability

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 31755
Filed: 07/28/2008, 08:54
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:

This rule concerning applicability of Title R642 rules is authorized under the rulemaking authority granted in Sections 40-6-5, 40-8-6, and 40-10-6, and is specifically authorized by the Government Records and Management Act (GRAMA) at Subsection 63G-2-201(6) which addresses applicability of other laws or regulations on disclosure of records.

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

Two letters were recently received which support renewal of this rule.

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 necessary to reflect the applicability of Title R642 rules, Records of the Division and Board, when federal laws or regulations are also established for disclosure of records and are a condition for participation in a federal program. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act.

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

Natural Resources
Oil, Gas and Mining; Administration
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov

Authorized by:

John Baza, Director