Utah Department of Administrative Services Division of Administrative Rules

File No. 34434

This notice was published in the March 1, 2011, issue (Vol. 2011, No. 5) of the Utah State Bulletin.


Natural Resources, Forestry, Fire and State Lands

Rule R652-9

Consistency Review

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34434
Filed: 02/14/2011 03:48:16 PM

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 63G-3-201 directs state agencies to engage in rulemaking whenever agency action applies to a class of persons, provides or prohibits a benefit, and requires or prohibits an action. Subsection 65A-1-4(6) states, "An aggrieved party to a final action by the director may appeal that action to the executive director of the Department of Natural Resources within 20 days after the action"; this process can only be accomplished by rule. This rule establishes the procedure that an aggrieved party may take to implement a consistency review of statues, rules, and division policy.

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.

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

This rule establishes the procedure through which any party aggrieved by division action directly determining the rights, obligations, or legal interests of specific persons may petition the executive director of the Department of Natural Resources to review the action for consistency with statues, rules, and division policy. 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:

Natural Resources
Forestry, Fire and State Lands
1594 W NORTH TEMPLE
SUITE 3520
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

  • Jamie Barnes at the above address, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov

Authorized by:

Richard Buehler, Director

Effective:

02/14/2011


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2011/b20110301.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Jamie Barnes at the above address, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov.