40-10-6.5 - Rulemaking authority and procedure.
40-10-6.5. Rulemaking authority and procedure.
(1) The board shall promulgate rules under this chapter in accordance with Title 63G,Chapter 3, Utah Administrative Rulemaking Act.
(2) Except as provided in Subsection (3), no rule which the board adopts for the purposeof the state administering a program under the federal Surface Mining Control and ReclamationAct may be more stringent than the corresponding federal regulations which address the samecircumstances. In adopting such rules, the board may incorporate by reference correspondingfederal regulations.
(3) The board may adopt rules more stringent than corresponding federal regulations forthe purpose described in Subsection (2), only if it makes a written finding after public commentand hearing, and based on evidence in the record, that the corresponding federal regulation is notadequate to protect public safety and the environment of the state. Those findings shall beaccompanied by an opinion referring to and evaluating the public safety and environmentalinformation and studies contained in the record which form the basis for the board's conclusion.
Amended by Chapter 382, 2008 General Session