No. 31602 (Amendment): R651-617. Permit Violation

DAR File No.: 31602
Filed: 06/20/2008, 01:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

There has been a noticeable increase in the alteration of the annual park passes by the purchasers. This rule amendment will add a permit violation if a permit is found to be intentionally altered or changed and a fee of $500 may be assessed. This is to halt intentional permit violations, by imposing the loss of the permit for time stated in the rule and/or a fine of $500.

Summary of the rule or change:

Upon purchase of an annual pass, park staff "notches" out the month (printed on the sides of the pass), in which the pass was purchased. This notch entitles the pass holder to enter into any state park for the next 12 months. A number of pass holders have been notching a future month out, and replacing the original notch with that month, by carefully taping it into the old notch. Without careful scrutiny, the pass appears to be legitimate. The division does not currently have a rule in place that directly addresses this issue. This amendment will address the issue and we believe stop some of this altering of the park permits/passes.

State statutory or constitutional authorization for this rule:

Section 63-11-2

Anticipated cost or savings to:

the state budget:

There is no anticipated costs or savings to the state budget as this rule is to impose penalties on those who alter state park passes/permits. With a $500 fine available to impose, we have no history but the impact would be little or none to the state budget.

local governments:

This is a state park pass/permit for state parks only. Therefore it has no aggregate anticipated costs or savings to local government.

small businesses and persons other than businesses:

There is no costs or savings to small businesses as this is a permit violation for a state park pass to visit state parks in the system.

Compliance costs for affected persons:

It could cost a person who violates a permit, the revocation or suspension of the permit and a fine of $500 may be imposed.

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

This rule should have little or no impact on businesses. Michael Styler, Executive Director

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

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, 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:

08/14/2008

This rule may become effective on:

08/21/2008

Authorized by:

Mark Forbes, Deputy Director (Legislation)

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-617. Permit Violation.

R651-617-1. Revocation or Suspension of Permit.

A permit may be revoked or suspended for a time, from a minimum of seven (7) days to a maximum of the duration of the permit by the division director or individual designated by the division director if one or more of the following actions are found to have occurred, based on their severity: (1) false or fictitious statements or qualifications were provided to obtain the permit; (2) the terms or conditions of the permit were violated; or (3) the permit holder allowed the permit to be used by an unauthorized person; or (4) the permit is found to be intentionally altered or changed. In addition, a fine of $500 may be assessed.

 

KEY: parks

Date of Enactment or Last Substantive Amendment: [December 2, 1999]August 21, 2008

Notice of Continuation: October 23, 2003

Authorizing, and Implemented or Interpreted Law: 63-11-17(2)(b)