Environmental Quality, Solid and Hazardous Waste

Rule R315-12

Administrative Procedures

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34920
Filed: 06/14/2011 04:00:16 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:

Title 63G, Chapter 4, requires these rules for all state agencies that determine legal interests of persons including all actions related to an authority, right, or license and the judicial review of all such actions.

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 comments were received during the last five years.

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

The rule is necessary for the Division of Solid and Hazardous Waste to set forth administrative procedures for persons seeking administrative review of an agency action on orders, notices of violation, and other administrative decisions. Therefore, this rule should be continued. This rule will be repealed and replaced in the future as part of a Department of Environmental Quality administrative procedures consolidation. Administrative procedures regulations will be found in the Department Rule R305-6.

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:

• Susan Toronto at the above address, by phone at 801-536-0233, by FAX at 801-536-0222, or by Internet E-mail at [email protected]

Authorized by:

Scott Anderson, Director

Effective:

06/14/2011