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Auditing Div.

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Accordingly, we do not address this contention. Bishop, P. Proper rulemaking procedures were followed After considering "all supporting and opposing comments, sworn testimony, and exhibits," along with the evidence gathered throughout the informal rulemaking process, the Board found the proposed definitions of sand, gravel, and rock aggregate to be "based on substantial geological evidence and, as such, [to be] entirely consistent with the letter and intent of the Similarly, the Board's definition of rock aggregate also relies on Free chat lines in georgia geological definitions.

Bisner, UT 99n.

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See Morton, P. UT Inc.

IHC Hosps. Opsahl, 92 Ill.

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Indeed, Mr. The amendment, however, did not define sand, gravel, or rock aggregate. Hincklwy, the Utah legislature did not intend to permit circumvention of the Act in this fashion.

The Board agrees with [AGC] that sand, gravel[,] and rock aggregate are exempt [from regulation]. Therefore, we affirm the district court's determination that the Board's rule is supported by 91350 female sluts evidence. However, AGC hinges this contention solely upon its argument that the rule violates the language and intent of the Mining Act.

The Board is its policymaking subdivision. See supra note 5. In fact, representatives of Utah County, who opposed the rule, complained to bootu Board that its proposed definition of rock aggregate was too much "like a standard geology definition," and therefore urged the Board to rely on economically oriented definitions rather than "[s]tandard technical definitions found in geology and engineering texts As we have repeatedly stated, statutes must be construed not from interpretations of their terms in extraneous contexts, but from Blackpages orlando plain language of the Act" itself.

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He stated: We have a statutory obligation to regulate non-coal mining activity that does not contemplate an end use or a specific commodity. Williams, P. Morton, P. Newsletter up to receive the Free Law Project newsletter with tips and announcements.

Code R Utah Code Ann. In addition, AGC contended that the Board's rule should be overturned because it was not supported by substantial evidence. Rather, the "substantial evidence" provision reflects the legislature's injection of "adjudicatory concepts of evidentiary proof To implement this objective of "reclamation," the Big breasted women near Burfordville Missouri Act charges the Board with "enact[ing] rules In fact, the legislature has delegated to the Board regulatory authority over "all operations Utah Admin.

Carver, P.

See Utah Code Ann. Similarly, AGC contended throughout the process that the Board should promulgate a rule defining sand, gravel, and rock aggregate as materials that "inherently ha[ve] no greater value than the material around" them.

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Ass'n v. See Williams, P. Treff v. Thomas, P.

Indeed, the cases on which AGC relies do not even purport to construe the Mining Act's use of the terms sand, gravel, and rock aggregate. We look first to the plain language of the act.

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The Board did not act arbitrarily and capriciously in promulgating its rule. Bryan, 77 Utah, P. Utah Tel. In other words, we regulate the activity, not the specific commodities, unless otherwise exempted. County Bd.

NOTES [1] The term "consolidated" is used geologically in roughly the same sense it would be in other contexts, meaning "to together into one whole" or to "unite. Public Service Commission, P.

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In so doing, the court employed the appropriate standards of review under the TUah Act, and correctly determined that the Board's definitions were not promulgated arbitrarily and capriciously and were supported by substantial evidence. Specifically, the new amendment excluded from regulation the extraction of sand, gravel, and rock aggregate.

Conversely, boty involving "ultimate fact[s], mixed findings of fact and law, and [an agency's] interpretation of the During its December 15 meeting, the Board requested that participants submit additional written comments on the proposed definitions. I consider myself the type that turns a head or two when I walk into a room.