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 August 1, 2019, please see the codification segue page.

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


R652. Natural Resources; Forestry, Fire and State Lands.

Rule R652-8. Adjudicative Proceedings.

As in effect on August 1, 2019

Table of Contents

R652-8-100. Authority.

This rule implements Sections 63G-4-102(5), 63G-4-202, 63G-4-203 which authorizes the Division of Forestry, Fire and State Lands to designate adjudicative proceedings as informal and provides procedures for informal adjudicative proceedings. Leases, sales and exchanges are treated as contracts for purchase or sale of interests in real property. Therefore, management and administrative actions concerning specific leases, sales or exchanges are not governed by the procedural requirements of this rule pursuant to 63G-4-102(2)(g).

R652-8-200. Initial Designation of All Adjudicative Proceedings as Informal.

1. All requests for agency adjudications are initially designated as informal adjudications. Requests for action include applications for leases, permits, easements, sale of sovereign lands, exchange of sovereign lands, sale of forest products and any other disposition of resources under the authority of the agency or other matter where the law applicable to the agency permits parties to initiate adjudicative proceedings.

2. All adjudications commenced by the agency shall be initially designated as informal adjudications. Agency adjudications include actions relating to leases, permits, easements, sales contracts and other agreements and contracts under the authority of the agency.

R652-8-300. Procedures for Informal Adjudicative Proceedings.

1. Procedures for all categories of informal adjudicative proceedings shall comply with applicable provisions of Section 63G-4-203.

2. Procedures governing requests for agency action shall be as follows:

(a) requests for agency action shall include the information prescribed in Section 63G-4-201(3);

(b) the division shall review requests for agency action for completeness and sufficiency of information. Parties submitting requests with insufficient information shall be allowed 30 days to cure the deficiencies, but may make a written request for additional time based on good cause shown;

(c) inadequate requests not remedied within the prescribed time shall be considered on the merits of the information provided;

(d) the division may prescribe one or more printed forms as provided by Section 63G-4-201(3) which may include standard leases, permits, easements, patents, certificates of sale, and the applications for such, or any other agreement, contract, conveyance or instrument.

3. Notice of agency action shall be provided to parties as provided in Section 63G-4-201(2).

R652-8-400. Hearings.

1. Hearings shall be conducted as prescribed in Section 63G-4-203.

2. Hearings shall be scheduled by the presiding officer. All matters relating to the conduct and regulation of the hearing, including testimony, examination, issues, evidence, argument, parties, jurisdiction and standing of parties shall be in the discretion of the presiding officer or a designee.

3. A hearing on a notice of agency action may be requested when applicable under R652-8-400(2) by any party to the action. A request for hearing must be received by the division within 30 days after the mailing of the notice of agency action. A request for hearing shall include any response to the information contained in the notice of agency action.

R652-8-500. Presiding Officer or Designee.

The division director is the presiding officer at all adjudicative proceedings unless at the discretion of the director a designee is appointed as the presiding officer.

KEY

administrative procedures, adjudicative proceedings

Date of Enactment or Last Substantive Amendment

1989

Notice of Continuation

January 14, 2016

Authorizing, Implemented, or Interpreted Law

63G-4-102(5); 63G-4-202


Additional Information

Contact

For questions regarding the content or application of rules under Title R652, please contact the promulgating agency (Natural Resources; Forestry, Fire and State Lands). 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.