Utah Administrative Code
Topic - Natural Resources
Title R655 - Natural Resources, Water Rights
Rule R655-14 - Administrative Procedures for Enforcement Proceedings Before the Division of Water Rights
Section R655-14-15 - Procedures for Conducting Adjudicative Enforcement Proceedings
Universal Citation: UT Admin Code R 655-14-15
Current through Bulletin 2024-18, September 15, 2024
(1) The procedures for conducting adjudicative enforcement proceedings are as follows:
(a) In proceedings initiated by an IO, the
Presiding Officer shall issue a default order unless the respondent does one of
the following within fourteen (14) days of the date the IO is issued:
(i) Satisfies all requirements of the IO,
including but not limited to ceasing the violation(s), full payment of all the
administrative fines, reimbursement of the State Engineer's enforcement costs
in full, and submission of any required water replacement plan; or,
(ii) Files with the Division a timely and
proper written response to the IO but waives a hearing and submits the case
upon the record. Submission of a case without a hearing does not relieve the
respondent from the necessity of providing the facts supporting the
respondent's burdens, allegations or defenses; or
(iii) Files with the Division a timely and
proper written response to the IO, having timely filed a request for a hearing
as provided in the IO and in Section
R655-14-16.
(b) Within a reasonable time after
the close of an enforcement adjudicative proceeding, the Presiding Officer
shall issue a written and signed Final Judgment and Order, including but not
limited to:
(i) A statement of law and
jurisdiction;
(ii) A statement of
facts;
(iii) An identification of
the confirmed violation(s);
(iv) An
order setting forth actions required of the respondent(s);
(v) A notice of the option to request
reconsideration and the right to petition for judicial review, except as such
are waived in a Consent Order;
(vi)
The time limits for requesting reconsideration or filing a petition for
judicial review, except as such are waived in a Consent Order; and
(vii) Other information the Presiding Officer
deems necessary or appropriate.
(c) The Presiding Officer's Final Judgment
and Order shall be based on the record, as defined in this rule, or, in the
case of a Consent Order, on the stipulation accepted by the parties and the
Presiding Officer.
(d) A copy of
the Presiding Officer's Final Judgment and Order shall be promptly mailed to
each of the parties.
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