File No. 35294

This notice was published in the October 15, 2011, issue (Vol. 2011, No. 20) of the Utah State Bulletin.


Natural Resources, Geological Survey

Rule R638-1

Acceptance and Maintenance of Confidential Information

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35294
Filed: 09/26/2011 10:57:36 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:

Subsections 79-3-202(2)(a), (b), and (c) enables the Utah Geological Survey (UGS) to have access to confidential information which it otherwise could not acquire, or which is beyond the financial capability of the UGS to acquire. This statute also allows the UGS Board to adopt rules determining what types of information may be kept confidential. This geologic information is given to or purchased by the UGS with the stipulation from the information source that the information be kept confidential.

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

The Utah Geological Survey has received no comments on this rule since the last five-year review.

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

The UGS will continue this rule, as the agency continues to acquire confidential geologic information (for example, from private energy-exploration companies) that is useful to studies performed by the UGS. The information sources still require that the UGS keep this information confidential. Discontinuation of the rule would not allow the UGS to collect and maintain these data for the benefit of the State of Utah.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Geological SurveyRoom 3110
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

  • Kimm Harty at the above address, by phone at 801-537-3313, by FAX at 801-537-3400, or by Internet E-mail at kimmharty@utah.gov

Authorized by:

Rick Allis, Director

Effective:

09/26/2011


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20111015.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Kimm Harty at the above address, by phone at 801-537-3313, by FAX at 801-537-3400, or by Internet E-mail at kimmharty@utah.gov.