Utah State Bulletin, Volume 2009, Number 22 (November 15, 2009)

Notices of Utah State Government
Filed October 16, 2009, 12:00 AM through November 2, 2009, 11:59 PM

Kimberly K. Hood, Executive Director
Kenneth A. Hansen, Director
Nancy L. Lancaster, Editor


The Utah State Bulletin (Bulletin) is an official noticing publication of the executive branch of Utah State Government. The Department of Administrative Services, Division of Administrative Rules produces the Bulletin under authority of Section 63G-3-402.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2009/b20091115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Inquiries concerning the substance or applicability of an administrative rule that appears in the Bulletin should be addressed to the contact person for the rule. Questions about the Bulletin or the rulemaking process may be addressed to: Division of Administrative Rules, 4120 State Office Building, Salt Lake City, Utah 84114-1201, telephone 801-538-3764, FAX 801-538-1773. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: https://rules.utah.gov/.

The information in this Bulletin is summarized in the Utah State Digest (Digest). The Digest is available by E-mail or over the Internet. Visit https://rules.utah.gov/publications/utah-state-dig/ for additional information.

Table of Contents

1. Special Notices

2. Notices of Proposed Rules

  • Administrative Services
    • Finance
      • No. 33101 (New Rule): Rule R25-10. State Entities' Posting of Financial Information to the Utah Public Finance Website
  • Agriculture and Food
    • Plant Industry
      • No. 33080 (Amendment): Rule R68-7. Utah Pesticide Control Act
    • Regulatory Services
      • No. 33074 (Amendment): Rule R70-101. Bedding, Upholstered Furniture and Quilted Clothing
  • Commerce
    • Occupational and Professional Licensing
      • No. 33067 (Amendment): Section R156-1-305. Inactive Licensure
      • No. 33079 (Amendment): Rule R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule
      • No. 33092 (Amendment): Rule R156-42a. Occupational Therapy Practice Act Rule
      • No. 33115 (Amendment): Rule R156-61. Psychologist Licensing Act Rule
  • Environmental Quality
    • Administration
      • No. 33102 (New Rule): Rule R305-5. Health Reform -- Health Insurance Coverage in DEQ State Contracts -- Implementation
  • Financial Institutions
    • Nondepository Lenders
      • No. 33094 (New Rule): Rule R343-2. Mortgage Lenders, Brokers and Servicers Fees
      • No. 33095 (New Rule): Rule R343-3. Mortgage Lenders, Brokers and Servicers Definitions
      • No. 33096 (New Rule): Rule R343-4. Application Forms and Procedures for Mortgage Lenders
      • No. 33097 (New Rule): Rule R343-5. Mortgage Loan Originator Surety Bond Requirements
      • No. 33098 (New Rule): Rule R343-6. Mortgage Loan Originator Challenge of Nationwide Database Information
      • No. 33099 (New Rule): Rule R343-7. Mortgage Loan Originator Education and Written Test Requirements
      • No. 33100 (New Rule): Rule R343-8. Mortgage Loan Originator Record Requirements and Reports of Condition
  • Governor
    • Criminal and Juvenile Justice (State Commission on)
      • No. 33073 (New Rule): Rule R356-1. Procedures for the Calculation and Distribution of Funds to Reimburse County Correctional Facilities Housing State Probationary Inmates or State Parole Inmates
  • Health
    • Epidemiology and Laboratory Services; HIV/AIDS, Tuberculosis Control/Refugee Health
      • No. 33086 (Amendment): Rule R388-805. Ryan White Program
    • Epidemiology and Laboratory Services, Environmental Services
      • No. 33076 (Amendment): Rule R392-303. Public Geothermal Pools and Bathing Places
      • No. 33126 (Amendment): Section R392-600-6. Confirmation Sampling and Decontamination Standards
    • Community and Family Health Services, Children with Special Health Care Needs
      • No. 33134 (Amendment): Section R398-2-7. Penalty for Violation of Rule
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 33127 (Amendment): Section R414-1-5. Incorporations by Reference
      • No. 33130 (Amendment): Section R414-54-3. Services
      • No. 33129 (Amendment): Section R414-59-4. Client Eligibility Requirements
      • No. 33132 (Amendment): Rule R414-305. Resources
      • No. 33133 (Amendment): Section R414-308-3. Application and Signature
    • Health Systems Improvement, Emergency Medical Services
      • No. 33125 (Amendment): Section R426-14-301. Application, Department Review, and Issuance
    • Health Systems Improvement, Child Care Licensing
      • No. 33083 (Amendment): Section R430-6-4. Criminal Background Screening
      • No. 33084 (Amendment): Rule R430-8. Exemptions From Child Care Licensing
      • No. 33082 (Amendment): Rule R430-70. Out of School Time Child Care Programs
    • Health Systems Improvement, Licensing
      • No. 33137 (Amendment): Rule R432-3. General Health Care Facility Rules Inspection and Enforcement
      • No. 33119 (Amendment): Section R432-10-8. Penalties
      • No. 33120 (Amendment): Section R432-11-7. Penalties
      • No. 33121 (Amendment): Section R432-12-25. Penalties
      • No. 33122 (Amendment): Section R432-13-8. Penalties
      • No. 33123 (Amendment): Section R432-14-6. Penalties
      • No. 33118 (Amendment): Section R432-16-16. Penalties
      • No. 33136 (Amendment): Section R432-35-8. Penalties
      • No. 33135 (Amendment): Section R432-700-30. Home Health - Personal Care Service Agency
    • Epidemiology and Laboratory Services, Laboratory Services
      • No. 33087 (Amendment): Section R438-12-2. Authorized Individual - Qualifications
  • Public Safety
    • Driver License
      • No. 33106 (Repeal): Rule R708-6. Renewal By Mail
      • No. 33110 (New Rule): Rule R708-45. Exception for Renewal or Duplicate License for a Utah Resident Temporarily Residing Out of State
  • Tax Commission
    • Auditing
      • No. 33113 (Amendment): Section R865-9I-17. Time for Withholding Tax Returns and Payment of Withholding Taxes Pursuant to Utah Code Ann. Sections 59-10-406 and 59-10-407
    • Motor Vehicle
      • No. 33111 (Amendment): Section R873-22M-27. Issuance of Special Group License Plates Pursuant to to Utah Code Ann. Sections 41-1a-418, 41-1a-419, 41-1a-420, and 41-1a-21
    • Property Tax
      • No. 33128 (Amendment): Section R884-24P-53. 2009 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-2-515
  • Technology Services
    • Administration
      • No. 33104 (Repeal): Rule R895-10. Standards, Best Practices, and Institutional Knowledge Requirements for Executive Branch Agencies
  • Transportation
    • Motor Carrier
      • No. 33131 (Amendment): Rule R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification
  • Workforce Services
    • Unemployment Insurance
      • No. 33114 (Amendment): Section R994-106-104. Determining the Paying State

3. Notices of 120-Day (Emergency) Rules

  • Health
    • Epidemiology and Laboratory Services; HIV/AIDS, Tuberculosis Control/Refugee Health
      • No. 33085 (Emergency Rule): Rule R388-805. Ryan White Program

4. Five-Year Notices of Review and Statements of Continuation

  • Administrative Services
    • Child Welfare Parental Defense (Office of)
      • No. 33081 (5-year Review): Rule R19-1. Parental Defense Counsel Training
    • Facilities Construction and Management
      • No. 33093 (5-year Review): Rule R23-2. Procurement of Architect-Engineer Services
  • Agriculture and Food
    • Regulatory Services
      • No. 33071 (5-year Review): Rule R70-440. Egg Products Inspection
      • No. 33072 (5-year Review): Rule R70-540. Food Establishment Registration
      • No. 33070 (5-year Review): Rule R70-960. Weights and Measures Fee Registration
  • Education
    • Administration
      • No. 33089 (5-year Review): Rule R277-471. Oversight of School Inspections
      • No. 33090 (5-year Review): Rule R277-607. Truancy Prevention
    • Rehabilitation
      • No. 33091 (5-year Review): Rule R280-203. Certification Requirements for Interpreters for the Hearing Impaired
  • Health
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 33068 (5-year Review): Rule R414-7A. Medicaid Certification of New Nursing Facilities
      • No. 33069 (5-year Review): Rule R414-7B. Nurse Aide Training and Competency Evaluation Program
      • No. 33077 (5-year Review): Rule R414-11. Podiatry Services
      • No. 33117 (5-year Review): Rule R414-35. Mental Health Services for Children in State Custody
      • No. 33075 (5-year Review): Rule R414-36. Services by Community Mental Health Centers
      • No. 33116 (5-year Review): Rule R414-49. Dental Services
      • No. 33078 (5-year Review): Rule R414-50. Dental, Oral and Maxillofacial Surgeons

5. Notices of Rule Effective Dates

Additional Information

For questions about the rulemaking process, please contact the Division of Administrative Rules.