No. 38753 (Change in Proposed Rule): Section R305-7-607. Matters Governed by the Radiation Control Act, Title 19, Chapter 3, but not including Section 19-3-109

DAR File No.: 38753
Filed: 12/17/2014 10:20:30 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for filing this change in proposed rule is to address a comment that was submitted about the original filing (DAR No. 38753). An additional clarification has been made about the relationship between this rule and another.

Summary of the rule or change:

A missing section number has been added, and a reference has been added to a provision in another rule, Subsection R313-17-4(6), to better clarify the relationship between the two provisions. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the September 1, 2014, issue of the Utah State Bulletin, on page 59. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Subsection 19-1-301.5(6)(d)

Anticipated cost or savings to:

the state budget:

There will be no change in state budget; the changes are clarifications only.

local governments:

There will be no change for local government budgets; the changes are clarifications only.

small businesses:

There will be no change to small business; the changes are clarifications only.

persons other than small businesses, businesses, or local governmental entities:

There will be no change in cost for any other person; the changes are clarifications only.

Compliance costs for affected persons:

There will be no additional costs; the changes simply add a missing section number, and add a reference to a provision in another rule, Subsection R313-17-4(6), to better clarify the relationship between the two provisions.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed changes are clarifications only and will have no fiscal impact on businesses.

Amanda Smith

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Administration
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Laura Lockhart at the above address, by phone at 801-536-0283, by FAX at 801-366-0292, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

This rule may become effective on:

01/21/2015

Authorized by:

Amanda Smith, Executive Director

RULE TEXT

R305. Environmental Quality, Administration.

R305-7. Administrative Procedures.

R305-7-607. Matters Governed by the Radiation Control Act, Title 19, Chapter 3, but not including Section 19-3-109.

(1) Paragraph (2) of this subsection R305-7-607 applies to all matters governed by the Radiation Control Act, Title 19, Chapter 3, but not including Section 19-3-109.

(2) Definitions.

"Director" means the Director of the Division of Radiation Control.

(3) This paragraph (3) applies to proceedings under R313-17-4(6).

(a) A hearing shall be conducted by the ALJ for the limited purposes of:

(i) allowing the petitioner to ask questions; and

(ii) allowing follow-up questions of the witnesses or other witnesses, including those representing the petitioner, by any party.

(b) Questioning under this paragraph shall be consistent with the standards specified R313-17-4(5)(f) and (h) and the limitations in paragraph R313-17-4(6).

(c) The ALJ shall determine whether the petitioner's questions shall be answered by the division staff, by the applicant, or by both.

(d) The procedures in R305-7, Part 3 shall govern the hearing as appropriate for the limited scope of the hearing.

(e) The transcript of the hearing will be part of the record on appeal, as authorized in 19-1-301.5(8)(c)(vi).

 

KEY: administrative procedures, adjudicative procedures, hearings

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 19-1-301; 19-1-301.5; 63G-4-102; 63G-4-201; 63G-4-202; 63G-4-203; 63G-4-205; 63G-4-503