Summary
There have been no comments specifically supporting or opposing the rule. However, since the last five-year review in 2011, four substantive amendments have been made to the rule (Utah State Bulletin, No. 2014-17, including 2014-24 as a change in a proposed rule (both under DAR No. 38770), 2013-3 (DAR No. 37192), and 2011-23 (DAR No. 35416)). During the rulemaking action for DAR No. 38770, comments were submitted addressing the proposed changes to incorporate public hearing procedures required by federal law for 11e.(2) radioactive byproduct material licensing actions. The majority of the comments suggested the Radiation Control Board revise the rule to 1) be more specific about a citation to federal law, 2) eliminate some confusing and duplicative language, 3) specify that the director of the Division of Radiation Control shall not be the hearing officer for the question and answer hearings established in the rule, and 4) clarify that administrative remedies through the question and answer hearing process must be exhausted in order to obtain review on appeal. During the rulemaking for DAR No. 35146, ten comments were received. The majority of the comments addressed clarifying, refining, and expanding the list of examples of major radioactive materials licensing actions. No comments were received for the rule changes made under DAR No. 37192.