No. 28341 (Amendment): R647-5-101. Formal and Informal Proceeding

DAR File No.: 28341
Filed: 11/09/2005, 12:30
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change updates the lists of formal and informal adjudicative procedures available under the Minerals Reclamation Program as they relate to changes brought on by S.B. 65 (2003 Legislature). (DAR NOTE: S.B. 65 (2003) is found at UT L 2003 Ch 35, and was effective 05/05/2003.)

 

Summary of the rule or change:

Surety forfeitures are added to the list of formal procedures conducted before the Board, surety releases are added to the list of informal procedures conducted before the Division, and surety form and amount determinations are added to the list of informal procedures to be conducted before the Board.

 

State statutory or constitutional authorization for this rule:

Section 40-8-1 et seq.

 

Anticipated cost or savings to:

the state budget:

No impact is expected to be experienced as a result of the adoption of this change because it merely clarifies how certain procedures will be handled in the future.

 

local governments:

Since local government rarely engages in mining operations, there is no impact expected for local government.

 

other persons:

Other person who may be impacted by this rule may be legal professionals in the preparation of documents for the formal proceedings.

 

Compliance costs for affected persons:

Compliance costs cannot be determined at this time because the number of contested and other cases is indeterminable. Regardless of number and kind of cases for hearing, there will still be a submittal by an operator followed by agency review.

 

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

Business will be affected to a small extent in the early stages of the implementation of this change because it is a different procedural approach to for certain matters for adjudication. Since it clarifies the forum for different matters, it will ultimately be of assistance to business in the long term. Michael R. Styler, Executive Director

 

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

Natural Resources
Oil, Gas and Mining; Non-Coal
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

 

Direct questions regarding this rule to:

Ron Daniels at the above address, by phone at 801-538-5316, by FAX at 801-359-3940, 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:

01/25/2006

 

Interested persons may attend a public hearing regarding this rule:

12/07/2005 at 10:00 AM, Natural Resources Bldg, 1594 W North Temple, Suite 1050, Salt Lake City, UT and 1/25/2006 at 10:00 AM, Natural Resources Bldg, 1594 W North Temple, Suite 1050, Salt Lake City, UT

 

This rule may become effective on:

01/26/2006

 

Authorized by:

Ron Daniels, Coordinator of Minerals Research

 

 

RULE TEXT

R647. Natural Resources; Oil, Gas and Mining; Non-Coal.

R647-5. Administrative Procedures.

R647-5-101. Formal and Informal Proceeding.

1. Adjudicative proceedings which shall commence formally before the Board in accordance with the "Rules of Practice and Procedure Before the Board of Oil, Gas and Mining", the R641 rules, include the following: R647-2-112, Failure to Reclaim, Forfeiture of Surety; R647-3-11[1]2, Failure to Reclaim, Forfeiture of Surety; R647-3-11[2]3.5, Over 10-Year Suspension; R647-4-114, Failure to Reclaim, Forfeiture of Surety; R647-4-117.4, Over 10-Year Suspension.

2. Adjudicative proceedings which shall commence informally before the Division in accordance with this Rule R647-5 include the following: R647-2-101, Notice of Intent to Commence Mining Operations; R647-2-102, Extension; R647-2-107, Operation Practices; R647-2-108, Unplugged Over 30 Days/Alternative Plan; R647-2-109, Reclamation Practices Variance; R647-2-109.13, Revegetation Approval; R647-2-110, Variance, Revocation or Adjustment of Variance; R647-2-111, Release of Surety; R647-2-114, New or Revised Notice of Intention; R647-3-101, Notice of Intention to Commence Small Mining Operations; R647-3-107, Operation Practices; R647-3-108, Unplugged over 30 Days/Alternate Plan; R647-3-109, Reclamation Practices Variance; R647-3-109.13, Revegetation Approval; R647-3-110, Variance, Revocation, or Adjustment of Variance; R647-3-111, Release of Surety; R647-3-11[2]3.1, Waiver, Annual Report; R647-3-11[2]3.3 and R647-3-11[2]3.4, Termination or Suspension; R647-3-11[2]3.5, Reevaluations, Reclamation; R647-3-11[3]4, Mine Enlargement; R647-3-11[4]5, Revisions; R647-3-11[6]7, Report Waiver; R647-4-101, Notice of Intention to Commence Large Mining Operation; R647-4-102, Updated Information or Modifications; R647-4-107, Operation Practices; R647-4-108, Unplugged over 30 Days/Alternate Plan; R647-4-111, Reclamation Practice, Variance; R647-4-111.13, Revegetation Approval; R647-4-112, Variances, Revocation or Adjustment; R647-4-113, Release of Surety; R647-4-117.3 and R647-4-117.4, Termination or Suspension; R647-4-118, Revisions; R647-4-119, Amendments; R647-4-121, Annual Report, Waiver.

3. Adjudicative proceedings which shall commence before the Board but follow the procedures for the informal process in this Rule R647-5 include the following:

R647-2-111, Surety, Form and Amount; R647-3-111, Surety, Form and Amount; and R647-4-113, Surety, Form and Amount.

 

KEY: minerals reclamation

[1994]2006

Notice of Continuation July 8, 2003

40-8-1 et seq.