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:

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