Utah Administrative Code
Topic - Environmental Quality
Title R305 - Administration
Rule R305-7 - Administrative Procedures
Section R305-7-209 - Administrative Record
Universal Citation: UT Admin Code R 305-7-209
Current through Bulletin 2024-06, March 15, 2024
(1) To the extent they relate to the issues and arguments raised in the Petition for Review, the Administrative Record shall consist of the following items, if they exist:
(a) the permit application, draft permit, and
final permit;
(b) each statement
of basis, fact sheet, engineering review, or other substantive explanation
designated by the Director as part of the basis for the decision relating to
the Permit Order;
(c) the notice
and record of each public comment period;
(d) the notice and record of each public
hearing, including oral comments made during the public hearing;
(e) written comments submitted during the
public comment period;
(f)
responses to comments that are designated by the Director as part of the basis
for the decision relating to the Permit Order;
(g) any information that is:
(i) requested by and submitted to the
Director; and
(ii) designated by
the Director as part of the basis for the decision relating to the Permit
Order;
(h) any
additional information specified by rule;
(i) any additional documents agreed to by the
parties; and
(j) information
supplementing the record under Section
19-1-301.5(8)(c)
or
R305-7-210.
(2) If there has been no notice and comment period for a Permit Order, information that is submitted with the Petition for Review shall be deemed to be part of the Administrative Record as shall information submitted in any response to the Petition for Review.
(3)
(a) The Director shall prepare the record by
compiling it in chronological order, numbering each page and preparing an
index.
(b) The Director shall,
within 40 days of service of the Notice of Appointment, or as otherwise
provided in
R305-7-206
[];
(i) file and serve an electronic copy of
the record in accordance with the requirements of
R305-7-104;
or
(ii) make a paper copy of the
record available for review during normal working hours, and file and serve a
copy of the record's index as provided in
R305-7-104.
(4) Any challenges to the Administrative Record shall be made by motion within 10 business days of the date the record or index is served under paragraph (3)(b).
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