Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R641. Natural Resources; Oil, Gas and Mining Board.

Rule R641-100. General Provisions.

As in effect on October 1, 2019

Table of Contents

R641-100-100. Scope of Rules.

These rules will be known as "Rules of Practice and Procedure Before the Board of Oil, Gas and Mining" and will govern all proceedings before the Board of Oil, Gas and Mining or any hearing examiner designated by the Board. These rules provide the procedures for formal adjudicative proceedings. The rules for informal adjudicative proceedings are in the Coal Program Rules, the Oil and Gas Conservation Rules and the Mineral Rules.

R641-100-200. Definitions.

For the purpose of these rules, the following definitions shall apply:

"Adjudicative proceeding" means a Board action or proceeding that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including all Board actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and judicial review of all such actions. Those matters not governed by Title 63G, Chapter 4, Administrative Procedures Act, of the Utah Code Annotated (1953, as amended) shall not be included within this definition.

"Board" means the Utah Board of Oil, Gas and Mining. The Board shall hear all appeals of adjudicative proceedings which commenced before the Division as well as all adjudicative proceedings and other proceedings which commence before the Board. The Board may appoint a hearing examiner for its hearings in accordance with these rules. Unless the context of these rules requires otherwise, references to the Board shall be deemed to refer to the hearing examiner when so appointed.

"Division" means the Utah Division of Oil, Gas and Mining.

"Intervenor" means a person permitted to intervene in a proceeding before the Board.

"Legally Protected Interest" means the interest of any "owner" or "producer" as defined in Section 40-6-2 Utah Code Annotated (1953, as amended), or as defined by the rules of the Board.

"Party" means the Board, Division or other person commencing a proceeding, all respondents, all persons permitted by the Board to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in a proceeding.

"Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or other agency.

"Petitioner" means a person who requests the initiation of any proceeding (Request for Agency Action).

"Proceeding" means an adjudicative proceeding or other proceeding.

"Respondent" means any person against whom a proceeding is initiated or whose property interests may be affected by a proceeding initiated by the Board or any other person.

"Staff" means the Division staff. The Staff will have the same rights as other parties to the proceedings.

R641-100-300. Liberal Construction.

These rules will be liberally construed to secure just, speedy, and economical determination of all issues presented to the Board.

R641-100-400. Deviation from Rules.

When good cause appears, the Board may permit a deviation from these rules insofar as it may find compliance therewith to be impractical or unnecessary or in the furtherance of justice or the statutory purposes of the Board. Notwithstanding this, in no event may the Board permit a deviation from a rule when such rule is mandated by law.

R641-100-500. Utah Administrative Procedures Act.

All rights, powers and authority described in Title 63G, Chapter 4, "Utah Administrative Procedures Act," of the Utah Code Annotated (1953, as amended), are hereby reserved to the Board. These rules shall be construed to be in compliance with the Utah Administrative Procedures Act.

R641-100-600. Electronic Meetings.

610. This section establishes procedures for conducting Board meetings by electronic means as authorized by Section 52-4-207.

611. Electronic participation under this section shall require both video and audio communication, unless the video component is waived by the Board.

620. The following provisions govern any meeting at which one or more Board members appear electronically:

621. If one or more members of the Board may participate electronically, public notice of the meeting shall so indicate. The notice shall specify the anchor location where the members of the Board not participating electronically will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

622. Notice of the meeting and the agenda shall be posted at the anchor location and the Utah Public Notice Website.

623. Notice of the possibility of an electronic meeting shall be given to the Board members at least 24 hours before the meeting.

624. When notice is given of the possibility of a Board member appearing electronically, any Board member may do so and shall be counted as present for the purposes of a quorum and may fully participate and vote on any matter coming before the Board.

625. At the commencement of the meeting, or at such a time as any Board member initially appears electronically, the chair shall identify for the record all those who are appearing electronically. Votes by members of the Board who are not at the physical location of the meeting shall be confirmed by the chair.

626. The anchor location, unless otherwise designated in the notice, shall be at the offices of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah. The anchor location is the physical location from which the electronic meeting originates or from where the participants are connected. The anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

630. The following provisions govern any Board meeting at which one or more witnesses or a party appears electronically:

631. The Board may for good cause allow a party or its witnesses in a formal proceeding to appear electronically if circumstances prevent attendance of the person at the noticed location, provided a party seeking permission shall provide the Board with a written request at least 48 hours prior to the meeting stating the reasons personal attendance is not possible, and providing evidence that written electronic notice has been provided to the Division, all petitioners, and all parties who have filed a response under R641-105-200.

632. The Board may for good cause allow a party or its witnesses in a formal proceeding, on an exceptional basis, to appear electronically with less than 48 hours notice to the Board and parties, if unforeseen circumstances, including weather, prevent attendance in person at the noticed location.

633. Any party participating electronically shall have an attorney present at the noticed location.

KEY

administrative procedures

Date of Enactment or Last Substantive Amendment

September 26, 2013

Notice of Continuation

June 7, 2017

Authorizing, Implemented, or Interpreted Law

52-4-207


Additional Information

Contact

For questions regarding the content or application of rules under Title R641, please contact the promulgating agency (Natural Resources; Oil, Gas and Mining Board). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.