No. 40647 (5-year Review): Rule R940-5. Approval of Highway Facilities on Sovereign Lands

DAR File No.: 40647
Filed: 08/03/2016 10:43:51 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:

This rule is authorized by Subsection 72-1-201(1)(h), which grants the Department authority to "make policy and rules for the administration of the department, state transportation systems, and programs," and required by Subsection 72-6-303(1)(b), which mandates that the Commission to "make rules establishing minimum guidelines for an application to construct a highway facility over sovereign lakebed lands."

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

The Department has not received any written comments during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

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

Subsection 72-6-303(1)(b) is still in effect, and it requires the Commission to maintain this rule. 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:

Transportation Commission
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Effective:

08/03/2016

Authorized by:

Carlos Braceras, Executive Director

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