Section 40-8-13.1 - Procedures for review of permit orders(1) As used in this section, "party" means:(b) the operator whose proposed mining operation is at issue in the permit order; or(c) if granted intervention by the board: (i) the municipality or county in which the proposed mining operation at issue in the permit order is located; or(2)(a) A party may obtain the review of a permit order by filing a petition for review before the board within 30 days after the date on which a permit order is issued.(b) Only a party may file a petition for review of a permit order.(3)(a) A petition for review shall:(i) be filed and served in accordance with the board rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;(ii) include the party's name, address, and telephone number;(iii) describe the nature and extent of the party's property, financial, or other interest in the review proceeding;(iv) include a statement of the party's contentions, including, as applicable: (A) the legal authority under which the petition for review is requested;(B) the legal authority under which the board has jurisdiction to review the petition for review;(C) a statement setting forth the specific contentions that the party seeks to have litigated in the review proceeding;(D) each of the party's arguments in support of the party's requested relief;(E) a detailed description of any permit condition to which the party is objecting;(F) any modification or addition to a permit order that the party is requesting; and(G) a claim for relief; and(v) for a large mining operation permit order, if the party is not the division or the operator, include a statement and supporting documentation demonstrating that the party timely provided a substantive public comment that is compliant with rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as required by Subsection 40-8-13(6)(d)(iv).(b) A party who files a petition for review may only raise a contention in the party's petition for review or during the review proceeding that:(i) is within the board's jurisdiction;(ii) is supported with information or documentation that: (A) is cited with reasonable specificity; and(B) sufficiently enables the board to fully consider the substance and significance of the issue; and(iii) for a party other than the division or operator and with regard to a large mining operation permit order, the party raised as a substantive public comment.(4)(a) A municipality, county, or other person who is not a party may not participate in a review proceeding under this section unless granted the right to intervene by the board.(b) A municipality, county, or person seeking to intervene in a review proceeding shall file a petition with the board by no later than the sooner of:(i) 15 days of the day on which a petition for review is filed under Subsection (2); or(ii) 30 days after the date on which the permit order is issued if the person submits the petition to intervene under Subsection (4)(c).(c) A person wanting to initiate a review of a permit order who has not been granted intervention by the board shall file a petition to intervene at the same time that the person files a petition for review under Subsections (2) and (3).(d) A petition to intervene shall include:(i) the petitioner's name, address, and telephone number;(ii) the nature and extent of the petitioner's property, financial, or other interest in the review proceeding;(iii) the possible effect of a decision or order that may be entered in the review proceeding on the petitioner's interest described in Subsection (4)(d)(ii);(iv) a statement setting forth the specific contentions that the petitioner seeks to have litigated in the review proceeding;(v) a brief explanation of the basis for the contention and a concise statement of the alleged facts or evidence the petitioner intends to rely on in proving the contention at the hearing; and(vi) a statement of the relief that the petitioner seeks from the board.(e)(i) A petitioner may only raise a contention under Subsection (4)(d) on a matter within the scope of the board's jurisdiction.(ii) A petitioner may only raise a contention under Subsection (4)(d) related to a large mining operation permit order on a matter for which the person raised a substantive public comment.(f) The board shall grant a petition for intervention if the board determines that: (i) the petitioner's legal interests may be substantially affected by the review proceeding; and(ii) the interests of justice and the orderly and prompt conduct of the review proceedings will not be materially impaired by allowing the intervention.(g)(i) The board may delegate the determination of the right to intervene to a hearing examiner in accordance with rules made under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(ii) A party aggrieved by a hearing examiner determination on a petition for intervention may appeal that determination to the board. The board shall make a determination on the appeal of the petition for intervention before hearing the merits of the case.(5) In a review proceeding, the operator and the division are parties to the review proceeding regardless of who files the petition for review and the operator and division do not need to file a separate petition to intervene.(6)(a) If a petition for review of a permit order is filed under this section, the board shall: (i) within 30 days from the day on which the petition for review is filed schedule:(A) an intervention hearing pursuant to Subsection (4); or(B) an administrative hearing before the board at the next regularly scheduled board public meeting; and(ii) issue the decision of the board by no later than 30 days from the day on which the administrative hearing described in Subsection (6)(a)(i)(B) is held.(b) The board may consolidate two or more petitions for review of a permit order if the board finds that consolidation will aid the just, speedy, and economical determination of the issues presented before the board.(c) The board shall conduct a de novo review of a permit order for which a petition for review has been filed under this section.(7) Review of a permit order is subject to Title 63G, Chapter 4, Administrative Procedures Act, to the extent that the chapter does not conflict with this section.(8) A person shall exhaust administrative remedies under this section before the person may seek judicial review of a permit order.Added by Chapter 70, 2024 General Session ,§ 5, eff. 5/1/2024.