Utah Admin. Code R652-40-700 - Application Procedures

1. Time of Filing. Applications for an easement shall be received for filing in the office of the division during office hours. Except as provided, all applications received, whether by U.S. Mail or delivery over the counter, shall be immediately stamped with the exact date of filing.

2. Non-refundable Application Fees and Advertising Deposit. All applications shall be accompanied with a non-refundable application fee as specified in R652-4 and a deposit to cover applicable advertising costs. After review of the application, the division shall notify the applicant of the charges pursuant to R652-40-600. Failure to pay the charges within 60 days of mailing of notification shall cause the denial of the application.

3. Refunds and Withdrawals

(a) If an application for an easement is rejected, all monies tendered by the applicant, except the application fee, shall be refunded.

(b) Should an applicant desire to withdraw the application, the applicant shall make a written request. If the request is received prior to the time that the application is approved, all monies tendered by the applicant, except the application fee, shall be refunded. If the request for withdrawal is received after the application is approved, all monies tendered shall be forfeited to the division, unless otherwise ordered by the director for a good cause shown.

4. Application Review

(a) Upon receipt of an application, the division shall review the application for completeness. Applicants submitting incomplete applications shall be provided written notice of incompleteness and shall be allowed 60 days to cure the deficiency. Incomplete applications not remedied within the 60-day period may be denied.

(b) Application approval by the director constitutes acceptance of the applicant's offer.

(c) The easement shall be executed by the applicant and returned to the division within 60 days from the date of applicant's receipt of the written easement. Failure to execute and return the documents to the division within the 60-day period may result in cancellation of the conveyance and the discharge of any obligation of the division arising from the approval of the application.

Notes

Utah Admin. Code R652-40-700