Utah Admin. Code 654-1-11

Current through Bulletin 2024-20, October 15, 2024
Section R654-1-11 - Amendment, Suspension, or Revocation of Permits
(a)
(i) Permits may be amended, suspended, or revoked pursuant to the terms of this rule.
(ii) Permits may be amended, suspended, or revoked for violations of law, rule, or permit provisions, or upon a finding by the Public Lands Policy Coordinating Office that a permit holder is unfit to hold a permit due to a judicial or administrative determination concerning the character or competence of the individual.
(b)
(i) Any agency may file a petition with the Public Lands Policy Coordinating Office concerning the work performed under the provisions of any Permit to Survey or Permit to Excavate if the agency believes the work has been done in a manner that is contrary to law, rule, or permit provisions.
(ii) The petition shall state with specificity the facts and circumstances involved and the law, rule or permit provision at issue, and shall be signed by the agency's authorized representative.
(iii) Each agency shall keep the Public Lands Policy Coordinating Office informed of the name of the agency's authorized representative on an ongoing basis.
(c) The Public Lands Policy Coordinating Office shall investigate the issues raised by the petition.
(d) The Public Lands Policy Coordinating Office may initiate investigations into a permit holder's compliance with law, rule, and permit provisions at its sole discretion, and may initiate a proceeding to amend, suspend, or revoke a permit as a result of those investigations.
(e)
(i) The Public Lands Policy Coordinating Office may, at its sole discretion, seek the advice of one or more principal investigators as part of an investigation initiated by either petition or itself.
(ii) Principal investigators who are authorized to provide this advice must hold a valid permit issued by the Public Lands Policy Coordinating Office and must volunteer for the task.
(iii) The Public Lands Policy Coordinating Office shall keep a list of those principal investigators who volunteer, and shall make use of their services on a rotational basis, except that the Office shall avoid using the advice of any particular volunteer if a conflict of interest would thereby arise.
(f) The Public Lands Policy Coordinating Office may choose to use either informal or formal hearings as authorized by Subsection 63G-4-201(a)(v).
(g) The Public Lands Policy Coordinating Office may resolve issues raised by a petition or by its own proceedings by methods that include:
(i) dismissing the petition or otherwise terminating the proceedings;
(ii) amending any of the provisions of an existing permit;
(iii) imposing new conditions within an existing permit;
(iv) suspending the permit; or
(v) revoking the permit.
(h) The Public Lands Policy Coordinating Office will immediately inform the Utah State Historic Preservation Office if a permit is suspended or revoked.
(i) The final notice of suspension or revocation shall state the reasons for the suspension or revocation.

Utah Admin. Code R654-1-11

Adopted by Utah State Bulletin Number 2023-18, effective 9/5/2023