No. 39109 (5-year Review): Rule R307-103. Administrative Procedures  

  • DAR File No.: 39109
    Filed: 02/05/2015 04:02:33 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:

    The Utah Administrative Procedures Act (UAPA), Subsection 63G-4-102(6), allows state administrative agencies to enact rules "affecting or governing adjudicative proceedings," so long as the rules are adopted according to the Utah Administrative Rulemaking Act and conform to the requirements of UAPA. Rule R307-103 establishes administrative procedures that are tailored to DAQ's administrative needs and the needs of those affected by the agency's actions. The procedures in Rule R307-103 ensure consistency in the Division's administrative actions and give constitutional due process and fair notice to the regulated community and the public of their and DAQ's roles and responsibilities in the agency's actions.

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

    Rule R307-103 has been amended three times since the last five-year review (DAR No. 34682, 34689, and 38252). Only one comment was received; however, the comment did not directly address the proposed amendment to Rule R307-103, but rather were addressed to the Department Rule R305-6 (now numbered Rule R305-7).

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

    Rule R307-103 sets forth administrative processes for the Division of Air Quality and the regulated community to ensure constitutional due process for the regulated community and the public, and should be continued.

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

    Environmental Quality
    Air QualityRoom Fourth Floor
    195 N 1950 W
    SALT LAKE CITY, UT 84116-3085

    Direct questions regarding this rule to:

    Effective:

    02/05/2015

    Authorized by:

    Bryce Bird, Director


Document Information

Effective Date:
2/5/2015
Publication Date:
03/01/2015
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
02/05/2015
Agencies:
Environmental Quality, Air Quality
Authorized By:
Bryce Bird, Director
DAR File No.:
39109
Summary:

Rule R307-103 has been amended three times since the last five-year review (DAR No. 34682, 34689, and 38252). Only one comment was received; however, the comment did not directly address the proposed amendment to Rule R307-103, but rather were addressed to the Department Rule R305-6 (now numbered Rule R305-7).

CodeNo:
R307-103
CodeName:
{30952|R307-103|R307-103. Administrative Procedures}
Link Address:
Environmental QualityAir QualityRoom Fourth Floor 195 N 1950 WSALT LAKE CITY, UT 84116-3085
Link Way:

Mark Berger, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov

AdditionalInfo:
More information about a Five-Year Notice of Review and Statement of Continuation is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2015/b20150301.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. For questions regarding the content or ...
Related Chapter/Rule NO.: (1)
R307-103. Administrative Procedures.