DAR File No. 39109
This notice was published in the March 1, 2015, issue (Vol. 2015, No. 5) of the Utah State Bulletin.
Environmental Quality, Air Quality
Rule R307-103
Administrative Procedures
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 39109
Filed: 02/05/2015 04:02:33 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:
The Utah Administrative Procedures Act (UAPA), Subsection 63G-4-102(6), allows state administrative agencies to enact rules "affecting or governing adjudicative proceedings," so long as the rules are adopted according to the Utah Administrative Rulemaking Act and conform to the requirements of UAPA. Rule R307-103 establishes administrative procedures that are tailored to DAQ's administrative needs and the needs of those affected by the agency's actions. The procedures in Rule R307-103 ensure consistency in the Division's administrative actions and give constitutional due process and fair notice to the regulated community and the public of their and DAQ's roles and responsibilities in the agency's 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:
Rule R307-103 has been amended three times since the last five-year review (DAR No. 34682, 34689, and 38252). Only one comment was received; however, the comment did not directly address the proposed amendment to Rule R307-103, but rather were addressed to the Department Rule R305-6 (now numbered Rule R305-7).
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
Rule R307-103 sets forth administrative processes for the Division of Air Quality and the regulated community to ensure constitutional due process for the regulated community and the public, and should be continued.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental QualityAir QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085
Direct questions regarding this rule to:
- Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov
Effective:
02/05/2015
Authorized by:
Bryce Bird, Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
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/2015/b20150301.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 Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.