DAR File No. 40133
This notice was published in the February 1, 2016, issue (Vol. 2016, No. 3) of the Utah State Bulletin.
Natural Resources, Forestry, Fire and State Lands
Rule R652-9
Consistency Review
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 40133
Filed: 01/14/2016 03:56:06 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:
Section 63G-3-201 directs state agencies to engage in rulemaking whenever agency action applies to a class of persons, provides or prohibits a benefit, and requires or prohibits an action. Subsection 65A-1-4(6) states, "An aggrieved party to a final action by the director may appeal that action to the executive director of the Department of Natural Resources within 20 days after the action"; this process can only be accomplished by rule. This rule establishes the procedure that an aggrieved party may take to implement a consistency review of statutes, rules, and division policy.
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 written comments have been received.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule establishes the procedure through which any party aggrieved by division action directly determining the rights, obligations, or legal interests of specific persons may petition the executive director of the Department of Natural Resources to review the action for consistency with statues, rules, and division policy. Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Natural ResourcesForestry, Fire and State Lands
1594 W NORTH TEMPLE STE 3520
SALT LAKE CITY, UT 84116-3154
Direct questions regarding this rule to:
- Jamie Phillips-Barnes at the above address, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov
Effective:
01/14/2016
Authorized by:
Brian Cottam, 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/2016/b20160201.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 Jamie Phillips-Barnes at the above address, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.