No. 31759: R647-6. Inspection and Enforcement: Division Authority and Procedures

DAR File No.: 31759
Filed: 07/28/2008, 08:55
Received by: NL

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 40-8-6 provides authority to the Board of Oil, Gas and Mining to enact rules that are reasonably necessary to carry out the purposes of the Utah Mined Land Reclamation Act. Section 40-8-9 specifically provides authority for inspections and the issuance of cessation orders or notices of violations for noncompliance.

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

Two letters were recently received which support renewal of this rule.

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 authority for conducting inspections of mineral mined land activities and establishes the procedures for enforcement including cessations orders, notice of violations, and compliance conferences. This rule should be continued to ensure adequate inspection and enforcement provisions are in place to enable a fair and consistent process for issuance and resolution of such matters in the minerals industry.

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

Natural Resources
Oil, Gas and Mining; Non-Coal
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at [e-mail]

Authorized by:

John Baza, Director