Current through Bulletin 2024-24, December 15, 2024
(a)
(i)
Permits may be amended, suspended, or revoked pursuant to the terms of this
rule.
(ii) Permits may be amended,
suspended, or revoked for violations of law, rule, or permit provisions, or
upon a finding by the Public Lands Policy Coordinating Office that a permit
holder is unfit to hold a permit due to a judicial or administrative
determination concerning the character or competence of the
individual.
(b)
(i) Any agency may file a petition with the
Public Lands Policy Coordinating Office concerning the work performed under the
provisions of any Permit to Survey or Permit to Excavate if the agency believes
the work has been done in a manner that is contrary to law, rule, or permit
provisions.
(ii) The petition shall
state with specificity the facts and circumstances involved and the law, rule
or permit provision at issue, and shall be signed by the agency's authorized
representative.
(iii) Each agency
shall keep the Public Lands Policy Coordinating Office informed of the name of
the agency's authorized representative on an ongoing basis.
(c) The Public Lands Policy
Coordinating Office shall investigate the issues raised by the
petition.
(d) The Public Lands
Policy Coordinating Office may initiate investigations into a permit holder's
compliance with law, rule, and permit provisions at its sole discretion, and
may initiate a proceeding to amend, suspend, or revoke a permit as a result of
those investigations.
(e)
(i) The Public Lands Policy Coordinating
Office may, at its sole discretion, seek the advice of one or more principal
investigators as part of an investigation initiated by either petition or
itself.
(ii) Principal
investigators who are authorized to provide this advice must hold a valid
permit issued by the Public Lands Policy Coordinating Office and must volunteer
for the task.
(iii) The Public
Lands Policy Coordinating Office shall keep a list of those principal
investigators who volunteer, and shall make use of their services on a
rotational basis, except that the Office shall avoid using the advice of any
particular volunteer if a conflict of interest would thereby arise.
(f) The Public Lands Policy
Coordinating Office may choose to use either informal or formal hearings as
authorized by Subsection
63G-4-201(a)(v).
(g) The Public Lands Policy Coordinating
Office may resolve issues raised by a petition or by its own proceedings by
methods that include:
(i) dismissing the
petition or otherwise terminating the proceedings;
(ii) amending any of the provisions of an
existing permit;
(iii) imposing new
conditions within an existing permit;
(iv) suspending the permit; or
(v) revoking the permit.
(h) The Public Lands Policy Coordinating
Office will immediately inform the Utah State Historic Preservation Office if a
permit is suspended or revoked.
(i)
The final notice of suspension or revocation shall state the reasons for the
suspension or revocation.
