Utah State Bulletin, Volume 2011, Number 17 (September 1, 2011)

Notices of Utah State Government
Filed August 2, 2011, 12:00 AM through August 15, 2011, 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/2011/b20110901.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 801-359-0759. 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. Executive Documents

3. Notices of Proposed Rules

  • Agriculture and Food
    • Animal Industry
      • No. 35154 (Amendment): Rule R58-20. Domesticated Elk Hunting Parks
  • Commerce
    • Occupational and Professional Licensing
      • No. 35112 (Amendment): Rule R156-53. Landscape Architects Licensing Act Rules
      • No. 35158 (Amendment): Rule R156-54. Radiology Technologist and Radiology Practical Technician Licensing Act Rule
    • Real Estate
      • No. 35137 (Amendment): Section R162-2c-102. Definitions
      • No. 35134 (Amendment): Section R162-2c-204. License Renewal
  • Education
    • Administration
      • No. 35162 (New Rule): Rule R277-109. Legislative Reporting and Accountability
      • No. 35163 (Amendment): Rule R277-112. Prohibiting Discrimination in the Public Schools
      • No. 35164 (Amendment): Rule R277-403. Student Reading Proficiency and Notice to Parents
      • No. 35165 (New Rule): Rule R277-406. K-3 Reading Improvement Program and the State Reading Goal
      • No. 35166 (Amendment): Rule R277-460. Distribution of Substance Abuse Prevention Account
      • No. 35167 (Repeal): Rule R277-479. Expenditure of Appropriation for District Services
      • No. 35168 (New Rule): Rule R277-530. Utah Effective Teaching and Educational Leadership Standards
      • No. 35169 (New Rule): Rule R277-708. Enhancement for At-Risk Students Program
      • No. 35170 (New Rule): Rule R277-726. Statewide Public Education Online Program
  • Environmental Quality
    • Environmental Response and Remediation
      • No. 35155 (Amendment): Rule R311-207. Accessing the Petroleum Storage Tank Trust Fund for Leaking Petroleum Storage Tanks
      • No. 35156 (Amendment): Rule R311-212. Administration of the Petroleum Storage Tank Loan Fund
  • Financial Institutions
    • Administration
      • No. 35153 (Repeal): Rule R331-3. Rule to Govern Persons Soliciting Savings or Share Accounts, Deposit Accounts, or Similar Evidence of Indebtedness or Participation Interests Therein from Residents of this State
  • Health
    • Disease Control and Prevention, Laboratory Improvement
      • No. 35110 (Amendment): Rule R444-14. Rule for the Certification of Environmental Laboratories
  • Labor Commission
    • Administration
      • No. 35126 (Amendment): Rule R600-2. Business Hours
  • Public Safety
    • Criminal Investigations and Technical Services, Criminal Identification
      • No. 35139 (Repeal and Reenact): Rule R722-330. Licensing of Private Investigators
  • Tax Commission
    • Auditing
      • No. 35142 (Amendment): Section R865-3C-1. Allocation of Net Income Pursuant to Utah Code Ann. Section 59-7-204
      • No. 35144 (Amendment): Section R865-6F-14. Extent to Which Federal Income Tax Provisions Are Followed for Corporation Franchise Tax Purposes Pursuant to Utah Code Ann. Sections 59-7-106, 59-7-108, 59-7-501, and 59-7-502
      • No. 35145 (Amendment): Section R865-12L-16. Notification to Tax Commission Upon Change in the Election to Collect County or Municipality Imposed Transient Room Taxes Pursuant to Utah Code Ann. Sections 59-12-301 and 59-12-355
      • No. 35146 (Amendment): Section R865-13G-10. Exemption For Purchase of Motor Fuels by State and Local Government Agencies Pursuant to Utah Code Ann. Section 59-13-201
      • No. 35147 (Amendment): Section R865-15O-1. Oil and Gas Severance Tax Pursuant to Utah Code Ann. Sections 59-5-102 and 59-5-104
    • Collections
      • No. 35148 (Amendment): Section R867-2B-1. Collection of Penalty Pursuant to Utah Code Ann. Section 59-1-302
    • Property Tax
      • No. 35149 (Amendment): Section R884-24P-28. Reporting Requirements For Leased or Rented Personal Property, Pursuant to Utah Code Ann. Section 59-2-306
      • No. 35150 (Amendment): Section R884-24P-33. 2011 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301
      • No. 35151 (Amendment): Section R884-24P-42. Farmland Assessment Audits and Personal Property Audits Pursuant to Utah Code Ann. Subsection 59-2-508(2), and Section 59-2-705
      • No. 35152 (Amendment): Section R884-24P-57. Judgment Levies Pursuant to Utah Code Ann. Sections 59-2-918.5, 59-2-924, 59-2-1328, and 59-2-1330
  • Transportation
    • Operations, Construction
      • No. 35130 (Amendment): Rule R916-1. Advertising and Awarding Construction Contracts
      • No. 35132 (Amendment): Rule R916-2. Prequalification of Contractors
      • No. 35135 (Amendment): Rule R916-4. Construction Manager/General Contractor Contracts
      • No. 35136 (Amendment): Rule R916-5. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation
  • Workforce Services
    • Employment Development
      • No. 35109 (Amendment): Section R986-200-218. Exceptions to the Time Limit

4. Notices of 120-Day (Emergency) Rules

  • Labor Commission
    • Administration
      • No. 35125 (Emergency Rule): Rule R600-2. Business Hours

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

  • Administrative Services
    • Facilities Construction and Management
      • No. 35157 (5-year Review): Rule R23-25. Administrative Rules Adjudicative Proceedings
  • Agriculture and Food
    • Regulatory Services
      • No. 35127 (5-year Review): Rule R70-930. Method of Sale of Commodities
      • No. 35128 (5-year Review): Rule R70-940. Standards and Testing of Motor Fuel
  • Commerce
    • Consumer Protection
      • No. 35119 (5-year Review): Rule R152-1a. Internet Content Provider Ratings Methods
      • No. 35121 (5-year Review): Rule R152-11. Utah Consumer Sales Practices Act
      • No. 35120 (5-year Review): Rule R152-26. Telephone Fraud Prevention Act
    • Occupational and Professional Licensing
      • No. 35160 (5-year Review): Rule R156-40. Recreational Therapy Practice Act Rule
      • No. 35159 (5-year Review): Rule R156-77. Direct-Entry Midwife Act Rule
  • Health
    • Center for Health Data, Vital Records and Statistics
      • No. 35118 (5-year Review): Rule R436-5. New Birth Certificates After Legitimation, Court Determination of Paternity or Adoption
    • Disease Control and Prevention, Laboratory Improvement
      • No. 35107 (5-year Review): Rule R444-1. Approval of Clinical Laboratories
      • No. 35111 (5-year Review): Rule R444-14. Rule for the Certification of Environmental Laboratories
  • Human Services
    • Administration
      • No. 35124 (5-year Review): Rule R495-876. Provider Code of Conduct
      • No. 35123 (5-year Review): Rule R495-880. Adoption Assistance
    • Services for People with Disabilities
      • No. 35122 (5-year Review): Rule R539-9. Supported Employment Pilot Program
  • Insurance
    • Administration
      • No. 35108 (5-year Review): Rule R590-178. Securities Custody
  • Transportation
    • Administration
      • No. 35140 (5-year Review): Rule R907-1. Appeal of Departmental Actions
      • No. 35138 (5-year Review): Rule R907-63. Structure Repair and Loss Recovery Procedure
    • Operations, Construction
      • No. 35129 (5-year Review): Rule R916-1. Advertising and Awarding Construction Contracts
      • No. 35131 (5-year Review): Rule R916-2. Prequalification of Contractors
      • No. 35133 (5-year Review): Rule R916-3. DESIGN-BUILD Contracts

6. Notices of Rule Effective Dates

Additional Information

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