DAR File No. 38753

Environmental Quality, Administration

Section R305-7-607

Matters Governed by the Radiation Control Act, Title 19, Chapter 3, but not Including Section 19-3-109

Notice of Proposed Rule

(Amendment)

DAR File No.: 38753
Filed: 08/13/2014 02:07:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

A companion change to Rule R313-17-4 (DAR No. 38770) proposes to add a new administrative hearing procedure that applies to specified radiation control license actions. The new hearing procedure is being added to ensure that the Division of Radiation Control (DRC) is in compliance with the requirements of 42 USC 2021(o)(3)(A)(ii), a requirement that must be met in order for the State of Utah to remain an NRC Agreement State authorized to license uranium mills and disposal of byproduct materials. This companion rule gives interested persons a remedy if the administrative law judge (ALJ) finds those hearing procedures have not been provided or are inadequate. Note that the Department, rather than the Radiation Control Board, has rulemaking authority for rules governing challenges to a director's decision under Subsection 19-1-301.5(6)(d).

Summary of the rule or change:

This companion rule gives interested persons a remedy if the ALJ finds those hearing procedures have not been provided or are inadequate. It instructs the administrative law judge to allow questions and require answers and it specifies standards for the types of questions that will be subject to the procedure.

State statutory or constitutional authorization for this rule:

• Subsection 19-1-301.5(6)(d)
• 42 USC 2021(o)(3)(A)(ii)

Anticipated cost or savings to:

the state budget:

This is a remedy that will be used only if DRC fails to provide an appropriate question and answer session. DRC is committed to providing appropriate question and answer sessions, so this situation is expected to be rare and the resulting cost minimal.

local governments:

Local government is not expected to be affected unless they are an interested person who wants to pose questions to the division and/or the licensee.

small businesses:

Small businesses may wish to pose questions; however, this is a remedy that will be used only if DRC fails to provide an appropriate question and answer session. DRC is committed to providing appropriate question and answer sessions, so this situation is expected to be rare and the resulting cost minimal.

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

Large businesses may wish to pose questions and affected licensees are large businesses and may be required to participate in this proceeding. However this is a remedy that will be used only if DRC fails to provide an appropriate question and answer session. DRC is committed to providing appropriate question and answer sessions, so this situation is expected to be rare and the resulting cost minimal.

Compliance costs for affected persons:

Affected licensees may be required to participate in this proceeding. However, this is a remedy that will be used only if DRC fails to provide an appropriate question and answer session. DRC is committed to providing appropriate question and answer sessions, so this situation is expected to be rare and the resulting cost minimal.

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

Affected licensees may be required to participate in this proceeding. However, this is a remedy that will be used only if DRC fails to provide an appropriate question and answer session. DRC is committed to providing appropriate question and answer sessions, so this situation is expected to be rare and the resulting cost minimal.

Amanda Smith, Executive Director

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

Environmental Quality
Administration
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Laura Lockhart at the above address, by phone at 801-536-0283, by FAX at 801-366-0292, or by Internet E-mail at llockhart@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:

10/01/2014

This rule may become effective on:

10/15/2014

Authorized by:

Amanda Smith, Executive Director

R305. Environmental Quality, Administration.

R305-7. Administrative Procedures.

R305-7-607. Matters Governed by the Radiation Control Act, Title 19, Chapter 3, but not Including Section 19-3-109.

(1) Paragraph (2) of this[This] subsection R305-7-607 applies to all matters governed by the Radiation Control Act, Title 19, Chapter 3, but not including Section 19-3-109.

(2) Definitions.

"Director" means the Director of the Division of Radiation Control.

(3) This paragraph (3) applies to proceedings under R313-17-4(6).

(a) A hearing shall be conducted by the ALJ for the limited purposes of:

(i) allowing the petitioner to ask questions; and

(ii) allowing follow-up questions of the witnesses or other witnesses, including those representing the petitioner, by any party.

(b) Questioning under this paragraph shall be consistent with the standards specified R313-17-4(f) and (h).

(c) The ALJ shall determine whether the petitioner's questions shall be answered by the division staff, by the applicant, or by both.

(d) The procedures in R305-7, Part 3 shall govern the hearing as appropriate for the limited scope of the hearing.

(e) The transcript of the hearing will be part of the record on appeal, as authorized in 19-1-301.5(8)(c)(vi).

 

KEY: administrative procedures, adjudicative procedures, hearings

Date of Enactment or Last Substantive Amendment: [January 31, 2013]2014

Authorizing, and Implemented or Interpreted Law: 19-1-301; 19-1-301.5; 63G-4-102; 63G-4-201; 63G-4-202; 63G-4-203; 63G-4-205; 63G-4-503