Section R850-70-620 - Public Auction1. At least 14 days before a public auction of forest products, the agency shall give notice of the public auction on the agency's website.2. The notice of public auction must include: (a) the date and time of the sale;(b) bidder qualifications that are in addition to those qualifications in Section R850-3-200;(c) whether the sale will be held virtually or in person;(d) if the sale is held in person, the location of the sale;(e) if the sale is held virtually, the ways in which a potential bidder may participate;(f) a general description of the affected parcel;(g) the species and estimated quantity of forest products; and(h) the contact information of the agency office where interested parties can obtain more information.3. The agency may advertise a public auction by any method determined by the agency to increase exposure of the forest products to qualified bidders.4. Auction Procedures. (a) The agency may conduct a public auction in person or virtually.(b) The agency shall publish the bidding procedures at the agency's website, which procedures must include:(i) information required to register for the auction, if applicable; and(ii) payments required at the auction by the successful bidder, including the down payment and costs and fees assessed by the agency pursuant to Subsection R850-70-620(4)(g).(c) Only qualified bidders may participate in an auction of forest products. The agency may require letters of recommendation and other conditions to ensure bidders have the technical capability to complete the harvest within the contract term.(d) A bid constitutes a valid offer to purchase.(e) The agency shall award the sale to the highest qualified bidder.(f) The agency may withdraw, in its sole discretion, any forest products before execution of a sales contract. The agency shall return all fees paid by the successful bidder for the withdrawn sale.(g) The agency may require the successful bidder to reimburse the agency for costs incurred by the agency in preparing the forest products for sale, including the costs of advertising, appraisal, cultural resource investigations, and environmental assessments. The agency may also charge a processing fee.(h) At the conclusion of the auction, the successful bidder shall pay the agency the down payment and the costs and fees published pursuant to Subsection R850-70-620(4)(g).(i) For forest products purchased at an auction, the successful bidder must execute the sales contract within 30 days of receipt from the agency. If the successful bidder fails to execute the contract within the 30-day period, the agency is not required to finalize the sale and may retain the down payment and costs paid by the successful bidder at the sale. The agency may offer the contract to the next highest qualified bidder.Utah Admin. Code R850-70-620
Adopted by Utah State Bulletin Number 2024-02, effective 1/1/2024