40-11-7. Permit hearing.
277 words·~1 min read·
/ut/title-40/chapter-11/40-11-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/4/2022
40-11-7. Permit hearing.
(1)The board shall hold a public hearing before authorizing the division to issue a permit.
(2)The board shall conduct the hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act .
(3)The board shall give notice no fewer than 30 days prior to the hearing by:
(a)one publication in a daily newspaper of general circulation in Salt Lake City, Utah;
(b)in all newspapers of general circulation published in the county or counties in which the land affected is situated; and
(c)by publication in accordance with Section 45-1-101 .
(4)In addition to the notice required in Subsection
(3), an applicant shall provide notice of the hearing and a copy of the permit application, no fewer than 30 days before the hearing to:
(a)each mineral lessee within one-half mile of the storage reservoir's boundaries;
(b)each mineral owner within one-half mile of the storage reservoir's boundaries;
(c)each pore space owner within one-half mile of the storage reservoir's boundaries;
(d)each surface owner of land within one-half mile of the storage reservoir's boundaries; and
(e)any additional person the board identifies.
(5)An applicant shall serve the notice described in Subsection
(4)through personal service.
(6)The board may, in accordance with the requirements of Section 63G-6a-116 , procure the services of an administrative law judge to conduct the hearing described in Subsection
(1).
(7)If the board procures the services of an administrative law judge, the board may rely on the decision of the administrative law judge when deciding whether to issue a permit.
Enacted by Chapter 62 , 2022 General Session