R652-21-1301. Pattern of Violation

(1) The Director or authorized delegate may determine a pattern of violations exists or has existed, based upon two or more division inspections of an operation within a 12 month period, after considering the circumstances, including: (a) the number of violations attributable to the same or related requirements of applicable statute, regulation, or contractual provision; (b) the number of violations attributable to separate requirements of applicable statute, regulation, or contractual provision; (c) the degree of severity of the identified violations; and (d) the extent to which the violations were isolated departures from lawful conduct. (2) If, after review, the Director or authorized delegate determines a pattern of violations exists or has existed, and that each violation was caused by the same Operator, the division shall initiate informal adjudicative proceedings under the Utah Administrative Procedures Act or initiate an action in a court of competent jurisdiction for the Operator to show cause why any applicable permit, lease, or Operations Royalty Agreement should not be canceled, revoked, or rescinded. (3) Any order resulting from an adjudicative proceeding is a notice of agency action and may be challenged or appealed under the Utah Administrative Procedures Act.