No. 34684 (Change in Proposed Rule): Rule R313-17. Administrative Procedures

DAR File No.: 34684
Filed: 07/07/2011 11:21:43 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Radiation Control Board met on 06/14/2011 to discuss the final adoption of this rule. It was noted that no comments were received on this rulemaking. However, during the deliberation on the action, the Board determined that a change should be made.

Summary of the rule or change:

The word "shall", in Subsection R313-17-2(1), was proposed to be changed to "may". The Utah Radiation Control Board members determined that the change should not be made. This change in proposed rulemaking reverses the proposed change. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the May 1, 2011, issue of the Utah State Bulletin, on page 36. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Section 63G-4-102
• Sections 63G-4-201 through 63G-4-205
• Subsection 19-3-104(4)
• Section 19-1-301

Anticipated cost or savings to:

the state budget:

The change to give public notice of and an opportunity to comment on licensing actions for some specific license categories is not expected to be substantial enough to have an impact on the budget of the Department of Environmental Quality.

local governments:

There is no anticipated cost or savings to local government because this rulemaking has no direct impact on local government.

small businesses:

There is no anticipated cost or savings to small businesses because this rulemaking has no direct impact on small businesses. The rulemaking only affects actions taken by the Executive Secretary of the Utah Radiation Control Board.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to individuals, partnerships, and other entities because this rulemaking has no direct impact on such persons. The rulemaking only affects actions taken by the Executive Secretary of the Utah Radiation Control Board.

Compliance costs for affected persons:

The cost to comply will be born by the Division of Radiation Control of the Department of Environmental Quality. The costs to give public notice of and an opportunity to comment on licensing actions for certain license categories is not expected to be substantial enough to have an impact on the Division budget.

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

The changes to this rule will not affect businesses because the cost to comply will be born by the Division of Radiation Control of the Department of Environmental Quality. The costs to give public notice of and an opportunity to comment on licensing actions for certain license categories is not expected to be substantial enough to have an impact on the Division budget.

Amanda Smith, Executive Director

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

Environmental Quality
Radiation Control
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Craig Jones at the above address, by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at [e-mail]

This rule may become effective on:

08/31/2011

Authorized by:

Rusty Lundberg, Director

RULE TEXT

R313. Environmental Quality, Radiation.

R313-17. Administrative Procedures.

R313-17-1. Authority.

The rules set forth herein are adopted pursuant to the provision of Subsection 19-3-104(4) and Section 63G-4-102 and Sections 63G-4-201 through 63G-4-205.

 

R313-17-2. Public Notice and Public Comment Period.

(1) The Executive Secretary [may]shall give public notice of, and an opportunity to comment on the following actions:

(a) Proposed licensing action for license categories 2b and c, 4a, b, c, d and 6 identified in Section R313-70-7 or a proposed approval or denial of a significant radioactive materials license, license amendment, or license renewal.

(b) The initial proposed registration of an ionizing radiation producing machine which operates at a kilovoltage potential (kVp) greater than 200 in an open beam configuration. R313-17-2(1)(b) does not apply to ionizing radiation producing machines used in the healing arts.

(c) Board activities that may have significant public interest and the Board requests the Executive Secretary to take public comment on those proposed activities.

(2) Public notice shall allow at least 30 days for public comment.

(3) Public notice may describe more than one action listed in Subsection R313-17-2(1) and may combine notice of a public hearing with notice of the proposed action.

(4) Public notice shall be given by one or more of the following methods:

(a) Publication in a newspaper of general circulation in the area affected by the proposed action,

(b) Publication on the Division of Radiation Control website, or

(c) Distribution by an electronic mail server.

 

R313-17-3. Administrative Procedures.

Administrative proceedings under the Radiation Control Act are governed by Rule R305-6.

 

KEY: administrative procedures, comment, hearings, adjudicative proceedings

Date of Enactment or Last Substantive Amendment: 2011

Notice of Continuation: July 10, 2006

Authorizing, and Implemented or Interpreted Law: 19-3-104(4); 63G-4-102; 63G-4-201 through 63G-4-205

 

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