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 July 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 R652-123. Wildland Fire Suppression Cost Recovery Procedure.

As in effect on July 1, 2019

Table of Contents

R652-123-100. Authority and Purpose.

This rule establishes a procedure for recovery of the Division's costs for suppressing wildland fire as provided in Section 65A-3-4.

R652-123-200. Procedure to Collect for Wildland Fire Suppression Costs.

(1) The Division shall track the costs it incurs to suppress all wildland fires, including those suspected to be ignited by human activity.

(2) All fires suspected to be human-caused should be investigated as thoroughly as possible.

(3) If an investigation reasonably shows that a person or persons started a fire by acting in a negligent, reckless or intentional manner, the person(s) deemed responsible may be sent an invoice and a request for payment by the Division to pursue wildfire cost recovery.

(4) If cost recovery is pursued, the person(s) deemed responsible shall be contacted by certified mail/return receipt and be given Notice of Intent to Collect. The notice shall also include an invitation to meet with staff within 30 days and present any new evidence or to dispute the case.

(5) At the end of the 30 days after the notice is received, a Demand for Payment Letter and invoice may be sent by the Division stating that the Division demands payment for the costs as authorized by the Utah Code, Section 65A-3-4.

(6) If payment is not received by the Division within 90 days of the date of the invoice, the Division may pursue payment by one of the following means:

(a) collection of a delinquent account in accordance with Sections 63A-3-301 through 63A-3-310, Accounts Receivable Collection; or,

(b) by tendering the account to a collection agency for immediate collection.

7. In cases where undue financial hardship would be caused by full payment of an invoice, the responsible party may negotiate with the Division to make alternate arrangements, including installment payments to satisfy the debt.

R652-123-300. Eligible Recovery Costs.

(1) The State Office or the appropriate Area Office may seek recovery of all costs associated with a wildfire caused by negligent, reckless or willful acts, including suppression, rehabilitation, and damage to state property.

R652-123-400. Appeals and/or Settlements.

1. The Division's intent is to secure full recovery from the person(s) deemed responsible based on the actual cost of wildfire suppression including all indirect costs associated with or resulting from the wildfire. Indirect costs may include investigations, scene security, managing firefighter well-being etc.

2. The Division may at its discretion accept settlement based on the responsible person's ability to pay or any other factor the Division deems relevant.

3. Settlements shall conform to the requirements of the State Settlement Agreements Act, Sections 63G-10-101 through 503.

4. The Division may submit to the Attorney General any claim for recovery, which is in dispute, requesting legal action be taken to recover the State's costs and settle such claims based on the laws of liability or as directed by the courts.

KEY

cost recovery, collections, wildland fires, wildfires

Date of Enactment or Last Substantive Amendment

July 23, 2018

Authorizing, Implemented, or Interpreted Law

65A-3-4


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.