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 R641-106. Notice and Service.

As in effect on October 1, 2019

Table of Contents

R641-106-100. Notice.

Except as otherwise provided by law, before any rule, regulation, or order, or amendment thereof, will be made by the Board, notice of a hearing thereon will be given by publication in a newspaper of general circulation in the city of Salt Lake and county of Salt Lake, Utah, and in any newspapers of general circulation published in the county where the land affected or some part thereof is situated. Such notice will be issued in the name of the state and will be signed by the Board or its secretary. The notice will specify the title and docket and cause numbers of the proceeding, the time and place of hearing and whether the case is set for hearing before the Board or its designated hearing examiner. The notice will briefly state the purpose of the proceeding and general nature of the order, rule, or regulation to be promulgated or effected. The notice will also state the name(s) of the petitioner and respondent, if any, and, unless the order, rule, or regulation is intended to apply to and affect the entire state, the notice will specify the land or resource affected by such order, rule, or regulation. In addition to published notice, the Board will give notice by mail to all parties. Such notice will be given by the 1st day of the month in which the hearing is held, but in no event less than fifteen days before the hearing.

R641-106-200. Personal Service of Request (Petition) and Related Pleadings.

210. In addition to the notice required by R641-106-100, wherever personal service is required by applicable law, the petitioner, or the Board in any proceeding initiated by the Board, will personally serve a copy of the petition and all pleadings filed with the secretary of the Board at the same time as the petition, other than exhibits, on any person required by statute to be served and on any respondent. The Board, on its own motion, may at any time also require petitioner to effect personal service on any other person whose legally protected interests may, in the opinion of the Board, be affected by the proceedings. In such event the Board will prescribe the schedule for service of the request and any response thereto.

220. Personal service under this rule will be accomplished no later than the 15th day of the month preceding the month in which the first hearing in the matter is held.

230. Personal service may be made by any person authorized by law to serve summons in the same manner and extent as is provided by the Utah Rules of Civil Procedure for the service of summons in civil actions in the district courts in this state. Proof of service will be in the form required by law with respect to service of process in civil actions. Persons otherwise entitled to personal service under these rules may be served by publication or mail in accordance with Rule 4(f) of the Utah Rules of Civil Procedure. In such a case, any member of the Board may consider ex parte and rule upon the verified motion of any person seeking to accomplish service by publication or mail.

R641-106-300. Service of Other Pleadings.

A copy of all pleadings filed subsequent to the Request for Agency Action or Notice of Agency Action, which are not required to be personally served pursuant to R641-106-200, will be served by mailing a copy thereof, postage prepaid, to all parties at the same time such pleadings are filed with the secretary of the Board. Exhibits need not be served on all parties, but may be examined by any party during the normal business hours of the Division by arrangement with the secretary of the Board.

R641-106-400. Service on Attorney or Representative.

When any party has appeared by attorney or other authorized representative, service upon such attorney or representative constitutes service upon the party he or she represents.

R641-106-500. Proof of Service.

There will appear on all documents required to be served a certificate of service in substantially the following form:

I hereby certify that I have this day served the foregoing instrument upon all parties of record in this proceeding (by delivering a copy thereof in person to ) (by mailing a copy thereof, properly addressed, with postage prepaid, to ).

Dated at , this day of , 19 .

Signature

or

I hereby certify that I have this day served the foregoing document by publication of a notice thereof in the (name of newspaper), a newspaper of general circulation in Salt Lake City and County and in (name of newspaper(s)), (a) newspaper(s) of general circulation in the County of . Copies of the notices are attached to this certification.

Dated at , this day of , 19 .

Signature

R641-106-600. Additional Notices Upon Request.

Any person desiring notification by mail from the Board or the Division of all matters before the Board will request the same in writing by filing with the Board or Division his or her name and address and designating the area or areas in which he or she has an interest and in which he or she desires to receive such notice. The Division may designate an annual fee, payable in advance, for such notice.

R641-106-700. Continuance of Hearing Without New Service.

Any hearing before the Board held after due notice may be continued by the person presiding at such hearing to a specified time and place without the necessity of notice of the same being again served or published. In the event of any continuance, a statement thereof will be made in the record of the hearing which is continued. If a hearing (not the deliberation or decision) is continued indefinitely, the Board will provide new notice in accordance with these rules before hearing the matter.

KEY

administrative procedure

Date of Enactment or Last Substantive Amendment

1988

Notice of Continuation

June 7, 2017

Authorizing, Implemented, or Interpreted Law

40-6-1 et seq.


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.