Utah Administrative Code
Topic - Natural Resources
Title R652 - Forestry, Fire and State Lands
Rule R652-7 - Public Petitions for Declaratory Orders
Section R652-7-500 - Petition Review and Disposition
Universal Citation: UT Admin Code R 652-7-500
Current through Bulletin 2024-18, September 15, 2024
1. Upon receipt of a petition, the director or his designee shall review the petition for compliance with R652-7-400. The petition shall be denied if:
(a) the specified
facts, issue, situation, or circumstance is based on disputed facts;
(b) the petition raises policy questions
which have not been addressed by the agency; and
(c) the petition requests a ruling on any
order other than an executed contract.
2. Incomplete, or unclear, petitions shall be returned to the petitioner with an explanation of the additional information required.
3. When a petition is complete, the director shall, in compliance with 63G-4-503(6), issue a written order:
(a) stating the
applicability or nonapplicability of the statute, rule, or order at issue; the
reasons for the applicability or nonapplicability of the statute, rule, or
order; and any requirements imposed on the agency, the petitioner, or any other
person having intervened in or consented to the applicability determination
process.
(b) setting an informal
hearing for the petitioner and any intervenor to examine questions not related
to factual disputes;
(c)
documenting an agreement to issue a declaratory order by a specified time;
or
(d) denying the petition for a
declaratory order.
4. Unless otherwise agreed to by the director or his designee and the petitioner, any petition for which an order is not issued pursuant to (2) above is deemed denied.
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