No. 42496 (5-year Review): Rule R645-101. Restrictions on State Employees

DAR File No.: 42496
Filed: 01/24/2018 10:06:20 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:

Sections 40-10-6 and 40-10-6.5 provide rulemaking authority to the Board of Oil, Gas and Mining as necessary for the regulation of coal mining operations and reclamation operations. Section 40-10-17 specifically provides that no employee of the division performing any function under Title 40, Chapter 10, shall have a direct or indirect financial interest in a coal mining operation.

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

No written comments have been received.

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

This rule is necessary to restrict financial interests in coal mining operations by the Division of Oil, Gas and Mining staff involved in coal regulation. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act.

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

Natural Resources
Oil, Gas and Mining; CoalRoom 1210
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• John Baza at the above address, by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at [e-mail]
• James Owen at the above address, by phone at 801-538-5328, by FAX at , or by Internet E-mail at [e-mail]

Effective:

01/24/2018

Authorized by:

John Baza, Director

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