DAR File No. 41444
This notice was published in the May 1, 2017, issue (Vol. 2017, No. 9) of the Utah State Bulletin.
Public Lands Policy Coordinating Office, Administration
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 41444
Filed: 04/04/2017 02:41:37 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 9-8-305 requires any archaeologist who wishes to survey or excavate on lands owned or controlled by the state of Utah to obtain a permit to do so from the Public Lands Policy Coordination Office (PLPCO). Section 9-8-305 provides a basic outline of the qualifications required to be granted a permit, the conditions under which PLPCO may delegate this authority, and the process for PLPCO to investigate and revoke permits as necessary, among other things. While Section 9-8-305 is relatively straightforward, it lacks specificity in regards to parts of the permitting process such as what information should be required in a "permit application," what constitutes one year of "equivalent specialized training," what type of experience is "equivalent to a graduate degree," etc. Rule R694-1 is needed to operationalize and clarify some of the language in the statute, and to help PLPCO consistently and objectively implement the mandate given in Section 9-8-305.
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:
Rule R694-1 provides clarification to Utah Code that allows for the practical application of Section 9-8-305. The rule helps to define several ambiguous terms, outlines what information may be required in a permit application (as allowed in the associated statute), establishes a time line for permit application review and how long survey permits may last, and clarifies permit provisions and the suspension/revocation and reinstatement process (as stipulated in Section 9-8-305). Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Public Lands Policy Coordinating Office
Room 5110 STATE OFFICE BUILDING
SALT LAKE CITY, UT 84114
Direct questions regarding this rule to:
- Kathleen Clarke at the above address, by phone at 801-537-9803, by FAX at , or by Internet E-mail at email@example.com
- David Yoder at the above address, by phone at 801-863-6261, by FAX at , or by Internet E-mail at firstname.lastname@example.org
Kathleen Clarke, Executive Director
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/2017/b20170501.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 Kathleen Clarke at the above address, by phone at 801-537-9803, by FAX at , or by Internet E-mail at email@example.com; David Yoder at the above address, by phone at 801-863-6261, by FAX at , or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.