No. 42267 (5-year Review): Rule R305-7. Administrative Procedures

DAR File No.: 42267
Filed: 10/26/2017 06:15:24 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-1-201(1)(d)(ii)(B) authorizes and requires the Department of Environmental Quality (DEQ) to make rules for procedures that govern special adjudicative proceedings. In 2012, the Legislature passed S.B. 21 (DEQ Boards Revisions) and S.B. 11 (DEQ Adjudicative Proceedings). The bills changed the overall organizational structure of the DEQ. Adjudication was placed under an administrative law judge to make recommendations for dispositive action to the executive director. In addition, S.B. 11 (2012) authorized on-the-record adjudicative review utilizing an appellate-type procedural format rather than a formal trial-type evidentiary hearing for the review of environmental permits.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

This is the first five-year review for this rule. The last substantive amendment was made 11/20/2015 in response to statutory amendments in 2015. DEQ received and responded to written comment received at that time. Comment stated that DEQ could not make rules establishing procedure not explicitly described in the statute.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

DEQ disagreed with the comment. Subsection 19-1-201(1)(d)(ii)(B) provides that DEQ shall make rules for procedures that govern a special adjudicative proceeding. The rule should continue so that the administrative law judge and the parties appearing before the administrative law judge have notice of the procedures and so that DEQ satisfies Subsection 19-1-201(1)(d)(ii)(B).

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

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

Direct questions regarding this rule to:

• Jenny Potter at the above address, by phone at 801-536-0095, by FAX at , or by Internet E-mail at [e-mail]

Effective:

10/26/2017

Authorized by:

Alan Matheson, Executive Director

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