No. 35842 (5-year Review): Rule R645-402. Inspection and Enforcement:Individual Civil Penalties  

  • DAR File No.: 35842
    Filed: 02/03/2012 04:39:35 PM

    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 for rulemaking authority to the Board of Oil, Gas and Mining as necessary for the regulation of coal mining operations and reclamation operations. Subsection 40-10-20(6) specifically establishes provisions for civil penalties for a director, officer, or agent of a corporation who knowingly authorizes a violation of a condition of a coal mining permit.

    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 establishes standards and procedures that are necessary for individual civil penalties against any corporate director, officer, or agent of a corporate permittee who knowingly authorizes a permit violation. 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 Division 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:

    Authorized by:

    John Baza, Director

    Effective:

    02/03/2012


Document Information

Effective Date:
2/3/2012
Publication Date:
03/01/2012
Filed Date:
02/03/2012
Agencies:
Natural Resources,Oil, Gas and Mining; Coal
Authorized By:
John Baza, Director
DAR File No.:
35842
Related Chapter/Rule NO.: (1)
R645-402. Inspection and Enforcement: Individual Civil Penalties.