Natural Resources, Parks and Recreation

Rule R651-634

Nonresident OHV User Permits and Fees

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33791
Filed: 06/29/2010 04:12:52 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 41-22-35(4) states: "In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Board shall make rules establishing: (a) procedures for: (i) the payment of off-highway vehicle user fees; and (ii) the display of a decal on an off-highway vehicle as required under Subsection (3)(b). (b) acceptable evidence indicating compliance with Subsection (1); (c) eligibility requirements for reciprocal operating privileges for nonresident users; and (c) eligibility for scheduled competitive events or other events under Subsection (1)(b) (ii)". The Division has interpreted that as specific instruction for the Board to make a rule addressing the elements of Subsection 41-22-35(4). Rule R651-634 is intended to do that.

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 were received during the past five years.

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

This rule provides administrative guidance (as specifically required by statute) for the administration of the Nonresident Off-highway Vehicle (OHV) Permit program. This rule protects the taxing authority of the Counties while enabling the State to generate revenue in support of the OHV Program. 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:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov

Authorized by:

Fred Hayes, Acting Operations Deputy Director

Effective:

06/29/2010