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H.B. 374
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TIMELY AGENCY REVIEW OF CERTAIN
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APPLICATIONS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Chad E. Bennion
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AN ACT RELATING TO REVIEW AND ACTION BY STATE AGENCIES ON
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APPLICATIONS AND OTHER REQUESTS FOR PERMITS, LICENSES, AND
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AUTHORIZATIONS FROM STATE AGENCIES; SETTING A TIME LIMIT BY WHICH
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AGENCY DECISIONS ARE TO BE MADE; PROVIDING FOR RELIEF TO AGGRIEVED
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CITIZENS; AND MAKING REQUIREMENTS APPLICABLE TO PENDING APPLICATIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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63-98-101, Utah Code Annotated 1953
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63-98-102, Utah Code Annotated 1953
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63-98-201, Utah Code Annotated 1953
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63-98-301, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-98-101
is enacted to read:
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CHAPTER 98. UTAH FAIR GOVERNMENT PRACTICES ACT
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Part 1. General Provisions
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63-98-101. Title.
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This chapter is known as the "Utah Fair Government Practices Act."
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Section 2.
Section
63-98-102
is enacted to read:
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63-98-102. Definitions.
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As used in this chapter:
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(1) (a) "Agency" means the state of Utah or any department, division, or agency or other
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administrative subunit of the state;
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(b) "Agency" does not include:
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(i) a court or other instrumentality of the judicial branch;
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(ii) the Legislature or other instrumentality of the legislative branch;
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(iii) a municipality, county, school district, or special district; or
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(iv) an interlocal agency organized under Title 11, Chapter 13, Interlocal Corporation Act,
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unless an agency is a member.
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(2) "Applicant" means the person applying for a permit.
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(3) "Application" means an application, petition, notice of intent, request for agency
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action, or other request for a permit.
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(4) "Complete application" means an application that contains all information sufficient
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to evaluate the application as required by the applicable statute or rule governing the content of the
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application.
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(5) "Permit" means an approval, order, license, authorization, or other action by an agency
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granting a right or entitlement to a person under the laws of the state.
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Section 3.
Section
63-98-201
is enacted to read:
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Part 2. Action on Applications
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63-98-201. Time within which to decide application -- Calculation of time --
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Submittal of amended application -- Applicability to pending applications.
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(1) State agencies shall act in a timely, efficient, and responsive manner in reviewing and
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making decisions on applications by its citizens for permits.
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(2) (a) Each agency shall grant or deny each application for a permit by a date no later than
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one year after the date a complete application is submitted to the agency.
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(b) For purposes of this chapter, the calculation of the time spent by an agency in deciding
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to grant or deny a permit does not include any time spent in an appeal of the final decision of the
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agency to an administrative board or other reviewing authority.
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(c) If an applicant submits an amended application that contains substantive changes to
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the original application, the one year time limit within which to make a decision to grant or deny
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the application shall begin on the date of submittal of the amended complete application.
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(3) (a) If an agency fails to grant or deny a complete application for a permit within the
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time period established by Subsection (2), the permit is approved and the agency shall issue the
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permit.
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(b) An agency may not deny an application merely because the time period established by
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this section has expired.
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(c) If the agency refuses to issue the permit as required by Subsection (3)(a), the applicant
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may seek an extraordinary writ, or seek other appropriate judicial redress, to require the agency to
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issue the permit.
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(4) This chapter applies to:
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(a) each application filed after May 1, 2000; and
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(b) each complete application pending before an agency on May 1, 2000.
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(5) The requirements of this section do not apply to:
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(a) enforcement actions initiated by an agency;
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(b) judicial or quasi-judicial proceedings of boards or commissions; or
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(c) review of applications when statutes or rules expressly require or allow review periods
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of more or less than one year.
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Section 4.
Section
63-98-301
is enacted to read:
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Part 3. Remedies
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63-98-301. Report to Legislature.
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If an agency fails to issue the permit for an application within the time specified in Section
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63-98-201
, the agency failing to make the decision shall, within 30 days after the final date that
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the decision was due, provide to the applicant, and to the legislative committee with oversight
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responsibility for the agency, a report that describes:
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(1) the reasons for failing to make a timely decision; and
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(2) the steps to be taken by the agency to ensure a timely decision on other pending and
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future applications.
Legislative Review Note
as of 2-18-00 9:50 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.