Natural Resources, Forestry, Fire and State Lands

Section R652-9-200

Consistency Review

Notice of Proposed Rule

(Amendment)

DAR File No.: 33353
Filed: 01/28/2010 03:00:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to give the Division flexibility in the types of decision documents created for Division actions and clarifies to the public that all division actions affecting the rights, obligations, or legal interests of others are subject to a review by the affected party.

Summary of the rule or change:

This rule specifies that all Division actions that affect the rights, obligations, or legal interests of a party shall be accompanied by a written record of decision or other decision document.

State statutory or constitutional authorization for this rule:

• Subsection 65A-1-4(6)

Anticipated cost or savings to:

the state budget:

The rule change merely clarifies that all Division actions are subject to a written finding that changes the rights, obligations, or legal interests of a specific person. Because all division actions are already generating decision documents, there is no change to the resources of the state in time, staffing, or equipment.

local governments:

This rule change imposes no budgetary obligation to local government, therefore, no impacts are anticipated for local governments.

small businesses:

This rule change imposes no budgetary obligation to small business, therefore, no impacts are anticipated for small business.

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

This rule change imposes no budgetary obligation to other persons, therefore, no impacts are anticipated for other persons.

Compliance costs for affected persons:

Compliance to this rule amendment will not cost affected persons any money, the rule affects the state obligations.

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

There is no fiscal 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

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:

03/17/2010

This rule may become effective on:

03/24/2010

Authorized by:

Richard Buehler, Director

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

R652-9. Consistency Review.

R652-9-200. Consistency Review.

1. For all division actions directly determining the rights, obligations, or legal interests of specific persons outside of the division, any party aggrieved by such a division action may petition the director to review the division action for consistency with statutes, rules, and policy.

2. All division actions directly determining the rights, obligations, or legal interests of a party shall be accompanied by a written record of decision or other decision document, which states the division actions and the findings of fact, legal authority, and conclusions of law for the decision.

3. The record of decision or other decision document, shall state the rights of any aggrieved party to consistency review pursuant to this rule.

 

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)