No. 40133 (5-year Review): Rule R652-9. Consistency Review  

  • DAR File No.: 40133
    Filed: 01/14/2016 03:56:06 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 63G-3-201 directs state agencies to engage in rulemaking whenever agency action applies to a class of persons, provides or prohibits a benefit, and requires or prohibits an action. Subsection 65A-1-4(6) states, "An aggrieved party to a final action by the director may appeal that action to the executive director of the Department of Natural Resources within 20 days after the action"; this process can only be accomplished by rule. This rule establishes the procedure that an aggrieved party may take to implement a consistency review of statutes, rules, and division policy.

    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:

    This rule establishes the procedure through which any party aggrieved by division action directly determining the rights, obligations, or legal interests of specific persons may petition the executive director of the Department of Natural Resources to review the action for consistency with statues, rules, and division policy. Therefore, this rule should be continued.

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

    Natural Resources
    Forestry, Fire and State Lands
    1594 W NORTH TEMPLE STE 3520
    SALT LAKE CITY, UT 84116-3154

    Direct questions regarding this rule to:

    Effective:

    01/14/2016

    Authorized by:

    Brian Cottam, Director


Document Information

Effective Date:
1/14/2016
Publication Date:
02/01/2016
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
01/14/2016
Agencies:
Natural Resources, Forestry, Fire and State Lands
Authorized By:
Brian Cottam, Director
DAR File No.:
40133
Summary:

No written comments have been received.

CodeNo:
R652-9
CodeName:
{40771|R652-9|R652-9. Consistency Review}
Link Address:
Natural ResourcesForestry, Fire and State Lands1594 W NORTH TEMPLE STE 3520SALT LAKE CITY, UT 84116-3154
Link Way:

Jamie Phillips-Barnes, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@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/2016/b20160201.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)
R652-9. Consistency Review.