DAR File No. 38439

Natural Resources, Parks and Recreation

Rule R651-608

Events of Special Uses

Notice of Proposed Rule

(Amendment)

DAR File No.: 38439
Filed: 04/15/2014 04:13:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Insurance standards are set by the Division of Risk Management. Those standards have changed so the Division is updating this rule to meet those standards. Also changes the rule to reflect a general statement so that the rule does not have to be changed each time the Division of Risk Management changes the standards.

Summary of the rule or change:

Insurance standards are set by the Division of Risk Management. Those standards have changed so the Division is updating this rule to meet those standards. Also changes the rule to reflect a general statement so that the rule does not have to be changed each time the Division of Risk Management changes the standards.

State statutory or constitutional authorization for this rule:

• Section 79-4-501

Anticipated cost or savings to:

the state budget:

These rule changes do not have a cost associated with them. The only savings resulting from these rule changes will be in saved staff time when the minimum insurance amounts change since generic wording is being used in the rules that will not need any changes in the future.

local governments:

These rule changes do not have a cost associated with them. The only savings resulting from these rule changes will be in saved staff time when the minimum insurance amounts change since generic wording is being used in the rules that will not need any changes in the future.

small businesses:

These rule changes are not applicable to small businesses.

persons other than small businesses, businesses, or local governmental entities:

These rule changes will not affect people conducting business with the State of Utah. The insurance requirements will still be the same regardless of how the rules are worded.

Compliance costs for affected persons:

No compliance costs associated with these rule changes. Changes to the wording are being made to meet future needs.

Comments by the department head on the fiscal impact the rule may have on businesses:

Should be no impact on business.

Michael R. Styler, Executive Director

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

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/02/2014

This rule may become effective on:

06/09/2014

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-608. Events of Special Uses.

R651-608-1. Permit Requirements.

A special assembly, exhibit, public speech, public demonstration, or special activity or use (in this Rule collectively called "event") shall be by special use permit ("permit").

(1) REQUESTS. The person or group desiring to conduct an event shall request a permit from the local park manager, region or the Division's main office at least 30 business days before the proposed event. Late requests may be accepted subject to the terms of subsection (4) below.

(2) REQUIREMENTS. The Division director or his designee shall have the discretion to grant or deny the request for permit. A permit may be granted only on the following requirements: (a) No event may substantially interrupt the safe and orderly operation of the park or facility; (b) No event may unduly interfere with proper fire, police, ambulance or other life-safety protection or service to areas where the activity will take place or areas contiguous thereto; (c) No event may be reasonably likely to cause injury to persons or property; (d) No event may involve pornographic or obscene materials or performances, or materials harmful to minors, as those terms are used in the Utah criminal code or in applicable local ordinances; and (f) liability insurance will be required, co-insuring the Division and meeting the minimum requirements set by the Utah Division of Risk Management.

(3) CONFLICTING REQUESTS.

(a) Considerations. When two or more persons, groups or organizations request to use a park or facility for events that conflict as to time, place, or purpose, the Division director or his designee shall evaluate: (i) the size, nature and purpose of each event; (ii) each event's historical or traditional use of the park or facility; (iii) the date and time each conflicting request was received by the Division: (iv) whether an event would require Division support services; (v) possible alternative places or times for the conflicting events; and (vi) other factors that would resolve the conflicts, protect the public safety, health, and welfare, or assist the Division in regulating the time, place, and manner of the events.

(b) Disposition. After obtaining the relevant information and weighing the relevant considerations stated in the immediately preceding paragraph, the Division director or his designee shall resolve the conflict (i) by the parties' agreement to modify the requests to avoid conflicts and accommodate the public interest; or (ii) if no voluntary agreement is reached, by ordering the time, place, and manner for each requested event; or (iii) by exercising his discretion to deny one or more or all of the requests.

(4) LATE REQUESTS. When a request for permit is not timely made under subsection (1), the request shall state the grounds for its untimeliness. If the Division director or his designee determines that the untimeliness should be excused because of exigency, unexpected circumstances, or other reasons, the request shall be processed.

(5) APPEALS. There shall be no right to administrative appeal of the decision granting or denying a request for permit.

 

R651-608-2. Events Prohibited without Permit.

Any person, defined as "an individual, partnership, corporation, association, governmental entity or public or private organization of any character other than an agency", or agency shall not engage, conduct, or participate in a commercial activity or scheduled event on state park property without a Special Use Permit, Cooperative Agreement or Concession Contract.

 

KEY: parks

Date of Enactment or Last Substantive Amendment: [May 9, 2011]June 9, 2014

Notice of Continuation: June 27, 2013

Authorizing, and Implemented or Interpreted Law: 79-4-501