R305-7-102. Definitions

  (1) The following definitions apply to this Rule. The definitions in Part 6 of this Rule, e.g., the definition of "Director," also apply for matters governed by the statutory provisions specified in that Part. If the definition in Part 6 differs from the definition in Part 1, the definition in Part 6 controls.

  (a) "Administrative Law Judge" or ALJ means the person appointed under Section 19-1-301(5) or Section 19-1-301.5(5) to conduct an adjudicative proceeding.

  (b) "Administrative Proceedings Records Officer" means a person who receives a record copy of submissions on behalf of the Executive Director, as specified in R305-7-104.

  (c) "Administrative Record," for purposes of Part 2 of this Rule, means the record described in Section 19-1-301.5(8)(b) and upon which a special adjudicative proceeding is conducted. See also R305-7-209.

  (d) "Days" means calendar days unless otherwise specified. See also R305-7-105.

  (e) "Designated Address" means the most recent address any person has filed with a Director in accordance with law.

  (f) "Director" means the director of one of the divisions listed in Section 19-1-105(1)(a). The Director is defined, for each statute administered by the Department, in Part 6 of this Rule.

  (g) "Executive Director" means the Executive Director of the Department of Environmental Quality.

  (h) "Initial Order" means an order that is not a Permit Order, that is issued by the Director and that is the final step in the portion of a proceeding that is exempt from the requirements of UAPA as provided in Section 63G-4-102(2)(k).

  (i) "Notice of Violation" means a notice of violation issued by the Director that is exempt from the requirements of UAPA under Section 63G-4-102(2)(k).

  (j) "Part" means the sections of this Rule that are grouped together by subject matter, e.g., Sections R305-7-501 through 503 are Part 5 of this Rule.

  (k) "Party" is defined in R-305-7-207 for special adjudicative proceedings, and in R305-7-305 for other proceedings.

  (l) "Permit" means any of the following:

  (i) a permit;

  (ii) a plan;

  (iii) a license;

  (iv) an approval order; or

  (v) another administrative authorization made by a Director, including a financial assurance determination as defined by Section 19-1-301.5(1)(c).

  (m)(i) "Permit order" means an order issued by the Director that:

  (A) approves a permit;

  (B) renews a permit;

  (C) denies a permit;

  (D) modifies or amends a permit; or

  (E) revokes and reissues a permit.

  (ii) "Permit order" does not include an order terminating a permit.

  (n) "Permit review adjudicative proceeding" and "special adjudicative proceedings" and "permit special proceedings" mean an adjudicative proceeding to resolve a challenge to a Permit Order including a financial assurance determination as defined by Section 19-1-301.5 (1)(c).

  (o) "Person" means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. "Person" also includes, as appropriate to the matter, other entities as provided in definitions in the statutes specified in the Department of Environmental Quality Code, Title 19, and in rules promulgated thereunder.

  (p) "Rule" means this Rule R305-7, Administrative Procedures for the Department of Environmental Quality, unless otherwise specified.

  (q) "UAPA" means the Utah Administrative Procedures Act, Utah Code Ann. Title 63G, Chapter 4.

  (r) "U.S. Postal Service Certified Mail" is a form of registered mail. It provides a U.S. Postal Service proof of mailing via a receipt to the sender that the mailing was delivered or that a delivery attempt was made. A receipt may be provided in either paper or electronic form. In either event, the receipt is generated by the U.S. Postal Service. A return receipt acknowledged by the recipient (Certified Mail with Return Receipt Requested) is also permissible but is not required by this Rule. See UAC R305-7-302(3).

  (2)(a) Ordinarily, administrative proceedings under the Environmental Quality Code are decided by the Executive Director based on a proceeding conducted by and recommended decision prepared by an Administrative Law Judge. In the event governing law specifies that another person or entity conduct a proceeding in the place of an Administrative Law Judge, the term "Administrative Law Judge" shall mean the person or entity serving in that function. In the event governing law specifies that another person or entity make final determinations regarding dispositive actions, the term "Executive Director" shall mean the person or entity who makes that final decision.

  (b) Nothing in this provision R305-7-102(2) authorizes the appointment of a person or entity other than an administrative law judge to conduct an adjudicative proceeding. Nothing in this provision R305-7-102(2) authorizes the appointment of a person or entity other than the Executive Director to make a final determination regarding an adjudicative proceeding.