Utah State Bulletin, Volume 2012, Number 2 (January 15, 2012)

Notices of Utah State Government
Filed December 16, 2011, 12:00 AM through January 3, 2012, 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/2012/b20120115.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, 5110 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. Editor's Notes

2. Special Notices

3. Notices of Proposed Rules

  • Administrative Services
    • Purchasing and General Services
      • No. 35613 (Amendment): Rule R33-3. Source Selection and Contract Formation
  • Agriculture and Food
    • Plant Industry
      • No. 35566 (Repeal): Rule R68-21. Standard of Identity for Honey
    • Regulatory Services
      • No. 35612 (New Rule): Rule R70-520. Standard of Identity and Labeling Requirements for Honey
  • Alcoholic Beverage Control
    • Administration
      • No. 35588 (Amendment): Section R81-1-6. Violation Schedule
  • Capitol Preservation Board (State)
    • Administration
      • No. 35610 (Amendment): Rule R131-13. Health Reform - Health Insurance Coverage in State Contracts - Implementation
  • Career Service Review Office
    • Administration
      • No. 35559 (Amendment): Section R137-1-21. The Evidentiary/Step 4 Adjudicatory Procedures
  • Commerce
    • Occupational and Professional Licensing
      • No. 35585 (Amendment): Section R156-83-502. Unprofessional Conduct
    • Securities
      • No. 35558 (New Rule): Rule R164-101. Securities Fraud Reporting Program Act
  • Health
    • Administration
      • No. 35571 (New Rule): Rule R380-60. Local Health Department Emergency Protocols
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 35584 (Amendment): Section R414-1-5. Incorporations by Reference
      • No. 35583 (Amendment): Section R414-401-5. Penalties and Interest
    • Family Health and Preparedness, Child Care Licensing
      • No. 35581 (New Rule): Rule R430-1. General Licensing, Certificate, and Enforcement Provisions, Child Care Facilities
      • No. 35579 (Repeal): Rule R430-2. General Licensing Provisions, Child Care Facilities
      • No. 35580 (Repeal): Rule R430-3. General Child Care Facility Rules Inspection and Enforcement
      • No. 35573 (Amendment): Rule R430-6. Background Screening
      • No. 35574 (Amendment): Rule R430-50. Residential Certificate Child Care
      • No. 35575 (Repeal and Reenact): Rule R430-60. Hourly Child Care Center
      • No. 35576 (Amendment): Rule R430-70. Out of School Time Child Care Programs
      • No. 35577 (Amendment): Rule R430-90. Licensed Family Child Care
      • No. 35578 (Amendment): Rule R430-100. Child Care Centers
  • Human Services
    • Substance Abuse and Mental Health, State Hospital
      • No. 35589 (Amendment): Rule R525-2. Patient Rights
      • No. 35590 (Amendment): Rule R525-3. Medication Treatment of Patients
      • No. 35591 (Amendment): Rule R525-5. Background Checks
      • No. 35593 (Amendment): Rule R525-6. Prohibited Items and Devices
      • No. 35594 (Amendment): Rule R525-7. Complaints/Suggestions/Concerns
      • No. 35596 (Amendment): Rule R525-8. Forensic Mental Health Facility
  • Pardons (Board Of)
    • Administration
      • No. 35551 (Amendment): Rule R671-305. Notification of Board Decision
  • Public Safety
    • Peace Officer Standards and Training
      • No. 35568 (Repeal): Rule R728-408. POST Academy and the Emergency Vehicle Operations Range are Secure Facilities
  • Workforce Services
    • Employment Development
      • No. 35586 (Amendment): Section R986-700-713. Amount of CC Payment

4. Notices of 120-Day (Emergency) Rules

  • Capitol Preservation Board (State)
    • Administration
      • No. 35611 (Emergency Rule): Rule R131-13. Health Reform - Health Insurance Coverage in State Contracts - Implementation
  • Community and Culture
    • Housing and Community Development
      • No. 35572 (Emergency Rule): Rule R199-12. State Small Business Credit Initiative Program Fund

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

  • Administrative Services
    • Fleet Operations
      • No. 35545 (5-year Review): Rule R27-10. Identification Mark for State Motor Vehicles
  • Commerce
    • Occupational and Professional Licensing
      • No. 35552 (5-year Review): Rule R156-70a. Physician Assistant Practice Act Rule
  • Insurance
    • Administration
      • No. 35587 (5-year Review): Rule R590-102. Insurance Department Fee Payment Rule
      • No. 35554 (5-year Review): Rule R590-103. Security Deposits
      • No. 35570 (5-year Review): Rule R590-121. Rate Modification Plan Rule
      • No. 35556 (5-year Review): Rule R590-126. Accident and Health Insurance Standards
      • No. 35569 (5-year Review): Rule R590-133. Variable Contracts
      • No. 35557 (5-year Review): Rule R590-176. Health Benefit Plan Enrollment
      • No. 35555 (5-year Review): Rule R590-181. Yankee Bond Rule
      • No. 35553 (5-year Review): Rule R590-182. Risk Based Capital Instructions
  • Public Safety
    • Administration
      • No. 35547 (5-year Review): Rule R698-1. Public Petitions for Declaratory Orders
      • No. 35548 (5-year Review): Rule R698-2. Government Records Access and Management Act Rule
      • No. 35549 (5-year Review): Rule R698-3. Americans With Disabilities Act (ADA) Complaint Procedure
    • Peace Officer Standards and Training
      • No. 35560 (5-year Review): Rule R728-405. Drug Testing Requirement
      • No. 35561 (5-year Review): Rule R728-406. Requirements For Approval and Certification of Basic Correctional, Reserve and Special Function Training Programs and Applicants
      • No. 35562 (5-year Review): Rule R728-407. Waiver/Reactivation Process
      • No. 35567 (5-year Review): Rule R728-408. POST Academy and the Emergency Vehicle Operations Range are Secure Facilities
      • No. 35563 (5-year Review): Rule R728-409. Suspension or Revocation of Peace Officer Certification
      • No. 35564 (5-year Review): Rule R728-410. Guidelines Regarding Failure To Obtain Annual Statutory Training
      • No. 35565 (5-year Review): Rule R728-500. Utah Peace Officer Standards and Training In-Service Training Certification Procedures
  • Tax Commission
    • Administration
      • No. 35595 (5-year Review): Rule R861-1A. Administrative Procedures
    • Auditing
      • No. 35597 (5-year Review): Rule R865-3C. Corporation Income Tax
      • No. 35598 (5-year Review): Rule R865-4D. Special Fuel Tax
      • No. 35599 (5-year Review): Rule R865-6F. Franchise Tax
      • No. 35600 (5-year Review): Rule R865-9I. Income Tax
      • No. 35601 (5-year Review): Rule R865-11Q. Self-Insured Employer Assessment
      • No. 35602 (5-year Review): Rule R865-12L. Local Sales and Use Tax
      • No. 35603 (5-year Review): Rule R865-13G. Motor Fuel Tax
      • No. 35604 (5-year Review): Rule R865-14W. Mineral Producers' Withholding Tax
      • No. 35605 (5-year Review): Rule R865-15O. Oil and Gas Tax
      • No. 35606 (5-year Review): Rule R865-19S. Sales and Use Tax
      • No. 35607 (5-year Review): Rule R865-20T. Tobacco Tax
    • Motor Vehicle
      • No. 35608 (5-year Review): Rule R873-22M. Motor Vehicle
    • Motor Vehicle Enforcement
      • No. 35609 (5-year Review): Rule R877-23V. Motor Vehicle Enforcement
    • Property Tax
      • No. 35592 (5-year Review): Rule R884-24P. Property Tax

6. Notices of Expired Rules

  • Attorney General
    • Administration
      • No. 35546 (Expired): Rule R105-1. Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services

7. Notices of Rule Effective Dates

Additional Information

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