Natural Resources, Oil, Gas and Mining; Oil and Gas

Rule R649-10

Administrative Procedures

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34551
Filed: 04/04/2011 11:42:57 AM

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 40-6-5 provides the rulemaking authority to the Board of Oil, Gas and Mining for regulation of the oil and gas industry. Also, the Administrative Procedures Act (APA) at Title 63G, Chapter 4 was approved by the Legislature and Subsection 63G-4-102(6) specifies that it does not preclude an agency from enacting a rule provided the rule complies with the APA.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

One written comment was received in December 2010, and it was in support of renewal.

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

This rule exists as a vehicle for Division decisions to be appealed to the Board of Oil, Gas and Mining should disagreements arise between the public and the Division. This rule also states the method the Division uses to begin the process of informal adjudicative proceedings, enabling the public to pursue remedy at an informal level prior to Board formal matters, and therefore the 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:

• Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov

Authorized by:

John Baza, Director

Effective:

04/04/2011