Utah Admin. Code R23-19-5 - Facility Use Permit - Denial - Appeal - Cancellation - Revocation - Transfer

(1) Within ten working days of receipt of a completed application, the managing agency shall issue a facility use permit or notice of denial of the application.

(2) The managing agency may deny an application if:

(a) The application does not comply with the applicable rules;

(b) The event would conflict or interfere with a state sponsored activity, a time or place reserved for freedom of speech activities, the operation of state business, or a legislative session; or

(c) The event poses a safety or security risk to persons or property.

(3) The managing agency may place conditions on the approval that alleviates such concerns.

(a) If the applicant disagrees with a denial of the application or conditions placed on the approval, the applicant may request a reconsideration of the managing agency's determination by delivering the written request for reconsideration and reasons for the disagreement to the managing agency within five working days of the issuance of the notice of denial or approval with conditions.

(b) Within ten days after the managing agency receives the written request for reconsideration, the managing agency may modify or affirm the determination.

(c) If the matter is still unresolved after the issuance of the managing agency's reconsideration determination, the applicant may appeal the matter, in writing, within ten calendar days to the Executive Director of the Department of Government Operations who will determine the process of the appeal.

(5) Facility Use Permits are non-transferable. The purpose, time, place, and other conditions of the facility use permit may not be changed without the advance written consent of the managing agency.

(6) An event may be re-scheduled if the managing agency determines that an event will conflict with a governmental function, free speech activity or state sponsored activity.

(a) The managing agency may revoke any issued permit if this rule, any applicable law, or any provision of the permit is being violated. The permit may also be revoked if the safety or health of any person is threatened.

(b) The permittee may cancel the permit and receive a refund of fees, less any incurred costs to the state or managing agency, and any deposits if written notice of cancellation is received by the managing agency at least 48 hours before the scheduled event. Failure to timely cancel the event will result in the forfeiture of any deposit and fees.

Notes

Utah Admin. Code R23-19-5

Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023