Utah Administrative Code
Topic - Natural Resources
Title R649 - Oil, Gas and Mining; Oil and Gas
Rule R649-10 - Administrative Procedures
Section R649-10-2 - Commencement of Informal Adjudicativ Proceedings
Universal Citation: UT Admin Code R 649-10-2
Current through Bulletin 2024-18, September 15, 2024
1. Except for emergency orders, any informal adjudicative proceeding shall be commenced by:
1.1. A Notice of Agency Action, if
proceedings are commenced by the board or division; or
1.2. A Request for Agency Action, if
proceedings are commenced by persons other than the board or
division.
2. A Notice of Agency Action shall be filed and served according to the following requirements:
2.1. The Notice of Agency
Action shall be in writing and shall be signed by a presiding officer and shall
include:
2.1.1. The names and mailing
addresses of any person to whom notice is being given by the presiding officer,
and the name, title, and mailing address of any attorney or employee who has
been designated to appear for the agency.
2.1.2. The division's file number or other
reference number.
2.1.3. The name
of the adjudicative proceeding.
2.1.4. The date that the Notice of Agency
Action was mailed.
2.1.5. A
statement that the adjudicative proceeding is to be conducted informally
according to the provision of this rule and Sections
63G-4-202
and
63G-4-203
if applicable.
2.1.6. A statement
that the parties may request an informal hearing before the division within ten
days, or such later period as may be provided for in Title R649, of the date of
mailing or publication.
2.1.7. A
statement of the legal authority and jurisdiction under which the adjudicative
proceeding is to be maintained.
2.1.8. The name, title, mailing address, and
telephone number of the presiding officer.
2.1.9. A statement of the purpose of the
adjudicative proceeding and, to the extent known by the presiding officer, the
questions to be decided.
2.2. The Division shall:
2.2.1. Mail the Notice of Agency Action to
each party and any other person who has a right to notice under statute or
rule.
2.2.2. Publish the Notice of
Agency Action as required by statute or by Title R649.
2.2.3. Post a copy of the notice in a public
area in the main office of the division at least 24 hours in advance of the
scheduled agency proceeding.
2.3. A Request for Agency Action initiated by
a person other than the board or the division shall be in writing and signed by
the person seeking action by the agency or by his representative, and shall
include:
2.3.1. The names and addresses of any
persons to whom a copy of the request for agency action is being
sent.
2.3.2. The agency's file
number or other reference number, if known.
2.3.3. The date that the request for agency
action was mailed.
2.3.4. A
statement of the legal authority and jurisdiction under which the agency action
is requested.
2.3.5. A statement of
the relief or action sought from the division.
2.3.6. A statement of the facts and reasons
forming the basis for relief or action.
2.4. The person requesting agency action
shall file the request with the division and shall send a copy by mail to each
person known to have a direct interest in the requested agency action unless
previously waived in writing by each person entitled to receive notice of the
requested agency action.
2.5. The
person requesting the agency action may use the division forms as specified in
Title R649 as a request for agency action.
2.6. The presiding officer shall promptly
review a Request for Agency Action and shall:
2.6.1. Notify the requesting party in writing
whether the request is granted and when the adjudicative proceeding is
completed;
2.6.2. Notify the
requesting party in writing that the request is denied; or
2.6.3. Notify the requesting party that
further proceedings are required to determine the agency's response to the
request.
2.7. The
division shall mail any required notice to any parties, except that any notice
required by Subsection 2.6 may be published when publication is required by
statute.
2.7.1. Give the division's file
number or other reference number.
2.7.2. Give the name of the
proceeding.
2.7.3. Designate that
the proceeding is to be conducted informally according to this rule and
Sections
63G-4-202
and
63G-4-203
if applicable.
2.7.4. If a hearing
is to be held in an informal adjudicative proceeding, state the time and place
of any scheduled hearing, the purpose for which the hearing is to be held, and
that a party who fails to attend or participate in a scheduled and noticed
hearing may be held in default.
2.7.5. If the adjudicative proceeding is to
be informal, and a hearing is required by statute or rule, or if a hearing is
permitted by rule and may be requested by a party with the time prescribed by
rule, state the parties' right to request a hearing and the time within which a
hearing may be requested under the agency's rules.
2.7.6. Give the name, title, mailing address,
and telephone number of the presiding officer.
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