Utah Administrative Code
Topic - Environmental Quality
Title R305 - Administration
Rule R305-7 - Administrative Procedures
Section R305-7-214 - Review and Determinations
Universal Citation: UT Admin Code R 305-7-214
Current through Bulletin 2024-18, September 15, 2024
(1) The procedures and standards for resolving a permit review challenge are specified in Section 19-1-301.5; see in particular paragraphs ( 9) through (1 5).
(2) The standard of review for the Director's factual, technical, and scientific determinations specified in Section 19-1-301.5(14)(b) and (15)(c)(ii) is explained as follows:
(a) The petitioner has the burden of proof;
(b) Marshaling the evidence is a
natural extension of the petitioner's burden of proof;
(c) For each factual, technical, and
scientific determination challenged by petitioner, the petitioner is required
to marshal and acknowledge the evidence in the record that supports the
Director's determination. Such determination shall be overturned as clearly
erroneous only if the petitioner has proven, after marshaling, that the
Director's determination is not supported. See Subsections
19-1-301.5(6)(d)(v)(G) and (H) and
19-1-301.5(14);
and
(d) If the petitioner fails to
marshal, there is a presumption that the Director's factual, technical, and
scientific determination is not clearly erroneous.
(3) The standard of review for non-factual determinations provided in Section 19-1-301.5(15)(c)(i) recognizes that the Director has been granted substantial discretion to interpret the division's governing statutes and rules.
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