Natural Resources, Forestry, Fire and State Lands

Rule R652-8

Adjudicative Proceedings

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34432
Filed: 02/14/2011 03:33:41 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:

Subsection 63G-4-102(5), and Sections 63G-4-202 and 63G-4-203 authorize the Division of Forestry, Fire and State Lands to designate adjudicative proceedings as informal and provide procedures for informal adjudicative proceedings.

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 outlines agency adjudication. Agency adjudications include actions related to leases, permits, easements, sales contracts and other agreements, and contracts under the authority of the agency. The rule gives initial designation of all adjudicative proceedings as informal, and defines procedure for informal adjudicative proceedings. This rule also defines hearings and hearings requests, along with presiding officers or designees, as they relate to adjudicative proceedings. 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:

• Jamie Barnes at the above address, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at [email protected]

Authorized by:

Richard Buehler, Director

Effective:

02/14/2011