Natural Resources, Forestry, Fire and State Lands

Section R652-9-400

Filing Procedure

Notice of Proposed Rule

(Amendment)

DAR File No.: 33269
Filed: 12/14/2009 02:41:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to establish consistency with Subsection 65A-1-4-6(a) and eliminate confusion with deadline to appeal a Division action.

Summary of the rule or change:

This rule clarifies the procedure for filing a consistency review for a Division action. Currently, the statute states that an aggrieved party may appeal that action within 20 days of the action. The rule states an appeal must be received 20 days after the decision document is mailed. The rule change will reflect the statutory requirement of appealing within 20 days after the decision document in signed, not mailed.

State statutory or constitutional authorization for this rule:

• Subsection 65A-1-4(5)

Anticipated cost or savings to:

the state budget:

There are no costs associated with the rule change for the state budget. Appeals can still be filed with this proposed rule change. The rule amendment merely clarifies when the appeal period begins.

local governments:

There are no costs associated with the rule change for local government. Appeals on Division actions can still be filed as long as they are timely.

small businesses:

There are no costs associated with the rule change or small businesses. Appeals on Division actions can still be filed as long as they are timely.

persons other than small businesses, businesses, or local governmental entities:

There are no costs associated with the rule change or persons other than small business, businesses, or local government entities. Appeals on Division actions can still be filed as long as they are timely.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with the rule change. Appeals on Division actions can still be filed as long as they are timely.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no impact on business.

Michael Styler, Executive Director

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:

• Dave Grierson at the above address, by phone at 801-538-5504, by FAX at 801-533-4111, or by Internet E-mail at davegrierson@utah.gov
• Jennifer Sullivan at the above address, by phone at 801-538-5495, by FAX at 801-533-4111, or by Internet E-mail at jennifersullivan@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Richard Buehler, Director

R652. Natural Resources; Forestry, Fire and State Lands.

R652-9. Consistency Review.

R652-9-400. Filing Procedure.

1. The petition shall be submitted to the director of the Division of Forestry, Fire and State Lands. The petition must be received at the director's office within 20 calendar days of the action[date the record of decision was mailed as evidenced by the certified mail posting receipt (Postal Service Form 3800)].

2. The director shall review the petition form as soon as reasonably possible to assure completeness and, upon determination that the petition is complete, shall promptly forward the petition to the executive director.

3. Incomplete petitions shall be returned with written notice of the deficiencies in the petition. If an incomplete petition is not completed and resubmitted within ten working days of the mailing of notice of incompleteness to the petitioner, the petition will be denied.

4. Upon receipt of a petition, the director shall suspend division actions with respect to the matter for which consistency review is being sought by the petitioner.

 

KEY: right of petition, administrative procedure

Date of Enactment or Last Substantive Amendment: [February 15, 1996]2010

Notice of Continuation: June 28, 2006

Authorizing, and Implemented or Interpreted Law: 65A-1-4(6)