No. 40683 (New Rule): Rule R916-7. Appeals to UDOT Decisions on, and Requesting Compliance with Nighttime Noise Permits

(New Rule)

DAR File No.: 40683
Filed: 08/16/2016 01:52:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In the 2016 General Session, the Legislature passed S.B. 177, which amended Section 72-6-112.5 to require this new rule. The Department is promulgating the rule to conform to that statutory requirement.

Summary of the rule or change:

This rule establishes a procedure for a local jurisdictional authority or local government to appeal the decision of the Department to conduct nighttime highway construction on roads in certain circumstances, and submitting requests to the Department to enforce the terms of a noise permit.

Statutory or constitutional authorization for this rule:

• Section 72-6-112.5

Anticipated cost or savings to:

the state budget:

The Department does not anticipate that this rule will lead to any costs or savings to the state budget because it does not require any additional expenditure by any state entity or relieve any state entity of any previously mandated expenditure.

local governments:

The Department does not anticipate that this rule will lead to any costs or savings to any local government because it does not require any additional expenditure by any local government or relieve any local government of any previously mandated expenditure.

small businesses:

The Department does not anticipate that this rule will lead to any costs or savings to small business because it does not require any additional expenditure by small business or relieve small business of any previously mandated expenditure.

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

The Department does not anticipate that this rule will lead to any costs or savings to persons other than small businesses, businesses, or local government entities because it does not require any additional expenditure by persons other than small businesses, businesses, or local government entities or relieve persons other than small businesses, businesses, or local government entities of any previously mandated expenditure.

Compliance costs for affected persons:

The Department does not anticipate that this rule will lead to any costs for affected persons because it does not require any additional expenditure by affected persons.

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

I do not believe this rule will have any fiscal impact on businesses. The rule is procedural and directed at public entities only.

Carlos Braceras, Executive Director

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

Transportation
Operations, Construction
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

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]
• Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , or by Internet E-mail at [e-mail]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/17/2016

This rule may become effective on:

10/24/2016

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

R916. Transportation, Operations, Construction.

R916-7. Appeals to UDOT Decisions on, and Requesting Compliance with Nighttime Noise Permits.

R916-7-1. Purpose.

The purpose of this rule is to establish a procedure for a local jurisdictional authority or local government to appeal the decision of the Department of Transportation to conduct highway construction at night on roads where the normal posted speed limit is less than 55 miles per hour.

 

R916-7-2. Authority.

This rule is required by Utah Code Subsection 72-6-112.5(6) and is enacted under the authority of Utah Code Subsection 72-1-201 (h).

 

R916-7-3. Appealing Decisions of the Department.

1. A local jurisdictional authority may appeal the Department's decision to conduct highway work at night by filing a written appeal with the Department within 10 days of receiving a written notice of the Department's decision to perform work at night.

2. The Department's Director for the Region in which the night work is to be performed will respond to the local jurisdictional authority's appeal in writing within 5 days of receiving the appeal, and may conduct an informal hearing prior to responding to the appeal.

3. If the Department's Region Director denies the appeal, the local jurisdictional authority may appeal the Region Director's decision of the to the Department's Executive Director, in writing, within 10 days of the date of receiving the Region Director's denial.

4. The Executive Director will respond in writing to an appeal within 5 days of receiving the appeal.

5. The decision of the Executive Director shall be administratively final.

 

R916-7-4. Requests to Enforce Terms of a Noise Permit.

1. A local jurisdictional authority may request that the Department enforce the terms of a noise permit by submitting a written request to the Region Director.

2. After review and upon receiving a written request from a local jurisdictional authority that the conditions for the noise exemption permit are not being met, the department shall initiate corrective action within 24 hours to ensure nighttime highway construction activities meet requirements of the local permit.

 

KEY: appeals, noise permits, procedures, compliance

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 72-6-112.5

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