R694-1-11. Amendment, Suspension or Revocation of Permits  


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  •   (a)(i) Permits may be amended, suspended or revoked pursuant to the terms of this rule.

      (ii) Permits may be amended, suspended, or revoked for violations of law, rule or permit provisions, or upon a finding by the Public Lands Policy Coordination Office that a permit holder is unfit to hold a permit due to a judicial or administrative determination concerning the character or competence of the individual.

      (b)(i) Any agency may file a petition with the Public Lands Policy Coordination Office concerning the work performed under the provisions of any Permit to Survey or Permit to Excavate if the agency believes the work has been done in a manner which is contrary to law, rule or permit provisions.

      (ii) The petition shall state with specificity the facts and circumstances involved and the law, rule or permit provision at issue, and shall be signed by the agency's authorized representative.

      (iii) Each agency shall keep the Public Lands Policy Coordination Office informed of the name of the agency's authorized representative on an ongoing basis.

      (c) The Public Lands Policy Coordination Office shall investigate the issues raised by the petition.

      (d) The Public Lands Policy Coordination Office may initiate investigations into a permit holder's compliance with law, rule and permit provisions at its sole discretion, and may initiate a proceeding to amend, suspend or revoke a permit as a result of those investigations.

      (e)(i) The Public Lands Policy Coordination Office may, at its sole discretion, seek the advice of one or more principal investigators as part of an investigation initiated by either petition or itself.

      (ii) Principal investigators who are authorized to provide this advice must hold a valid permit issued by the Public Lands Policy Coordination Office and must volunteer for the task.

      (iii) The Public Lands Policy Coordination Office shall keep a list of those principal investigators who volunteer, and shall make use of their services on a rotational basis, except that the Office shall avoid using the advice of any particular volunteer if a conflict of interest would thereby arise.

      (f) The Public Lands Policy Coordination Office may choose to employ either informal or formal hearings as authorized by Subsection 63G-4-201(a)(v).

      (g) The Public Lands Policy Coordination Office may resolve issues raised by a petition or by its own proceedings by

      (i) dismissing the petition or otherwise terminating the proceedings, or

      (ii) amending any of the provisions of an existing permit, or

      (iii) imposing new conditions within an existing permit, or

      (iv) suspending the permit, or

      (v) revoking the permit, or

      (vi) any other relief the Office may consider appropriate.

      (h) The Public Lands Policy Coordination Office will immediately inform the Division of State History if a permit is suspended or revoked.

      (i) The final notice of suspension or revocation shall state the reasons for the suspension or revocation.