No. 40214 (5-year Review): Rule R638-1. Acceptance and Maintenance of Confidential Information

DAR File No.: 40214
Filed: 02/17/2016 01:51:19 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:

Subsections 79-3-202(2)(a), (b), and (c) enable the Utah Geological Survey (UGS) to have access to confidential information that it otherwise could not acquire or that is beyond the financial capability of the UGS to acquire. This statute also allows the UGS Board to adopt rules determining what types of information may be kept confidential. This geologic information is given to or purchased by the UGS with the stipulation from the information source that the information be kept confidential.

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 Utah Geological Survey has received no comments on this rule since the last five-year review.

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

As requested by the director, the UGS will continue this rule, as the agency continues to acquire confidential information (for example, from private energy exploration companies) that is useful to investigations performed by the UGS; however, the information sources require the UGS to keep this information confidential. Discontinuation of this rule would not allow the UGS to collect and maintain these data for the benefit of the State of Utah.

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

Natural Resources
Geological SurveyRoom 3110
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Steve Bowman at the above address, by phone at 801-537-3304, by FAX at , or by Internet E-mail at [e-mail]

Effective:

02/17/2016

Authorized by:

Rick Allis, Director

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