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Utah Administrative Code (Current through November 1, 2019) |
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R652. Natural Resources, Forestry, Fire and State Lands |
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R652-9. Consistency Review |
| R652-9-100. Authority |
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This rule establishes the procedure through which any party aggrieved by a division action directly determining the rights, obligations, or legal interests of specific persons may petition the executive director of the Department of Natural Resources to review the action for consistency with statutes, rules, and division policy pursuant to Subsection 65A-1-4(6). |
| R652-9-200. Consistency Review |
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1. For all division actions directly determining the rights, obligations, or legal interests of specific persons outside of the division, any party aggrieved by such a division action may petition the director to review the division action for consistency with statutes, rules, and policy. 2. All division actions directly determining the rights, obligations, or legal interests of a party shall be accompanied by a written record of decision which states the division actions and the findings of fact, legal authority, and conclusions of law for the decision. 3. The record of decision shall state the rights of any aggrieved party to consistency review pursuant to this rule. |
| R652-9-300. The Petition |
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The petition shall state: 1. the statute, rule, or policy with which the division action is alleged to be inconsistent; 2. the nature of the inconsistency of the division action with the statute, rule, or policy; 3. the action the petitioner feels would be consistent under the circumstances with statute, rule, or policy; and 4. the injury realized by the party that is specific to the party arising from division action. If the injury identified by the petition is not peculiar to the petitioner as a result of the division action, the director will decline to undertake consistency review. |
| R652-9-400. Filing Procedure |
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1. The petition shall be submitted to the director of the Division of Forestry, Fire and State Lands. The petition must be received at the director's office within 20 calendar days of the date the record of decision was mailed as evidenced by the certified mail posting receipt (Postal Service Form 3800). 2. The director shall review the petition form as soon as reasonably possible to assure completeness and, upon determination that the petition is complete, shall promptly forward the petition to the executive director. 3. Incomplete petitions shall be returned with written notice of the deficiencies in the petition. If an incomplete petition is not completed and resubmitted within ten working days of the mailing of notice of incompleteness to the petitioner, the petition will be denied. 4. Upon receipt of a petition, the director shall suspend division actions with respect to the matter for which consistency review is being sought by the petitioner. |
| R652-9-500. Petition Review |
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The executive director may: 1. decline to review the petition; 2. schedule a hearing for consideration of the petition within 20 days unless the petitioner and the executive director agree to a different schedule; 3. conduct a review of the petition. 4. If the executive director reviews the petition and finds that the action of the division was not reasonably consistent with applicable statutes and rules, then the executive director may cause an Order to be drafted stating whether the division action shall be rescinded or modified; and, if the division action is to be modified, the executive director shall state the character of the modification in a manner consistent with statutes, rules, or policy. |