Section 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: (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.Utah Admin. Code R652-21-1201
Adopted by Utah State Bulletin Number 2024-20, effective 10/8/2024