Utah Admin. Code R305-7-214 - Review and Determinations
(1) The
procedures and standards for resolving a permit review challenge are specified
in Section
19-1-301.5;
see in particular paragraphs ( 9) through (1 5).
(2) The standard of review for the Director's
factual, technical, and scientific determinations specified in Section
19-1-301.5(14)(b) and (15)(c)(ii) is explained as follows:
(a) The petitioner has the burden of proof;
(b) Marshaling the evidence is a
natural extension of the petitioner's burden of proof;
(c) For each factual, technical, and
scientific determination challenged by petitioner, the petitioner is required
to marshal and acknowledge the evidence in the record that supports the
Director's determination. Such determination shall be overturned as clearly
erroneous only if the petitioner has proven, after marshaling, that the
Director's determination is not supported. See Subsections
19-1-301.5(6)(d)(v)(G) and (H) and
19-1-301.5(14);
and
(d) If the petitioner fails to
marshal, there is a presumption that the Director's factual, technical, and
scientific determination is not clearly erroneous.
(3) The standard of review for non-factual
determinations provided in Section
19-1-301.5(15)(c)(i) recognizes that the Director has been granted substantial discretion to
interpret the division's governing statutes and rules.
Notes
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