No. 41444 (5-year Review): Rule R694-1. Archaeology Permits

DAR File No.: 41444
Filed: 04/04/2017 02:41:37 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:

Section 9-8-305 requires any archaeologist who wishes to survey or excavate on lands owned or controlled by the state of Utah to obtain a permit to do so from the Public Lands Policy Coordination Office (PLPCO). Section 9-8-305 provides a basic outline of the qualifications required to be granted a permit, the conditions under which PLPCO may delegate this authority, and the process for PLPCO to investigate and revoke permits as necessary, among other things. While Section 9-8-305 is relatively straightforward, it lacks specificity in regards to parts of the permitting process such as what information should be required in a "permit application," what constitutes one year of "equivalent specialized training," what type of experience is "equivalent to a graduate degree," etc. Rule R694-1 is needed to operationalize and clarify some of the language in the statute, and to help PLPCO consistently and objectively implement the mandate given in Section 9-8-305.

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:

Rule R694-1 provides clarification to Utah Code that allows for the practical application of Section 9-8-305. The rule helps to define several ambiguous terms, outlines what information may be required in a permit application (as allowed in the associated statute), establishes a time line for permit application review and how long survey permits may last, and clarifies permit provisions and the suspension/revocation and reinstatement process (as stipulated in Section 9-8-305). Therefore, this rule should be continued.

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

Public Lands Policy Coordinating Office
Administration
Room 5110 STATE OFFICE BUILDING
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Kathleen Clarke at the above address, by phone at 801-537-9803, by FAX at , or by Internet E-mail at [e-mail]
• David Yoder at the above address, by phone at 801-863-6261, by FAX at , or by Internet E-mail at [e-mail]

Effective:

04/04/2017

Authorized by:

Kathleen Clarke, Executive Director

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