Utah Admin. Code R652-21-1201 - Great Salt Lake Element or Mineral Removal Certification
(1) Each Operator shall comply with the
requirements in Section
65A-17-302.
(2) Upon a violation of Section 65A-17-302,
the division shall commence an informal adjudication by filing a notice of
agency action as specified under Subsection
63G-4-201(1)(a).
(3) Procedures for informal adjudicative
proceedings under this rule are as follows:
(a) After receiving a notice of agency
action, any affected Operator shall file a response no later than 20 days
following receipt. If a timely response is not properly filed within the 20 day
timeframe, the division shall initiate default procedures specifying the
default in the informal adjudicative order issued by the division.
(b) The division may hold a hearing pursuant
to Subsections
63G-4-203(b)
through 63G-4-203(d) if
the Operator requests a hearing within 30 days of receipt of a notice of agency
action, but only upon a showing of good cause by the affected
Operator.
(c) If a hearing is
granted by the division, notice shall be provided to the Operator at least 15
days prior to the date the hearing is set.
(d) The Operator or any other named party in
the notice of agency action shall be permitted to testify, present evidence,
and comment on the issues.
(e) All
discovery is prohibited, except the division may issue subpoenas or other
orders compelling production of necessary or relevant evidence.
(f) To the extent permitted by law, all
Parties shall have access to information contained in the division's files and
to all materials and information gathered in any investigation. For purposes of
Section R652-21-1201, Parties is defined as the Operator to which the notice of
agency action is directed, any other entity named in the notice of agency
action, and the division.
(g)
Intervention is prohibited.
(h) Any
hearing set by the division shall be open to all Parties.
(i) Within a reasonable time after the close
of any informal adjudicative proceeding, the presiding officer shall issue a
signed written order stating the following:
(A) the decision;
(B) the reasons for the decision;
(C) a notice of any right of administrative
or judicial review available to the Parties; and
(D) the time limits for filing an appeal or
requesting a review.
(j)
The presiding officer's order shall be based on the facts appearing in the
agency's files, the facts presented in evidence at any hearing, and a copy of
the presiding officer's order shall be promptly mailed to each of the
Parties.
(k) The division may
delegate the role of presiding officer to a qualified hearing examiner,
including an assistant attorney general.
(4) Following any appeal, to the extent an
Operator remains in violation of Section
65A-17-302, the division may
issue a cessation order, under Section R652-21-1302 without first conducting an
inspection as would otherwise be required.
Notes
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