Utah State Bulletin, Volume 2012, Number 3 (February 1, 2012)

Notices of Utah State Government
Filed January 4, 2012, 12:00 AM through January 17, 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/b20120201.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. Executive Documents

2. Notices of Proposed Rules

  • Administrative Services
    • Purchasing and General Services
      • No. 35664 (Amendment): Rule R33-1. Utah State Procurement Rules Definitions
      • No. 35667 (Amendment): Section R33-3-7. Types of Contracts
      • No. 35665 (Amendment): Rule R33-4. Specifications
      • No. 35666 (Amendment): Section R33-6-101. Revisions to Contract Clauses
  • Capitol Preservation Board (State)
    • Administration
      • No. 35686 (Repeal and Reenact): Rule R131-9. State Capitol Preservation Board Art Program and Policy
  • Education
    • Administration
      • No. 35674 (Amendment): Rule R277-107. Educational Services Outside of Educator's Regular Employment
      • No. 35675 (Repeal): Rule R277-476. Incentives for Elementary Reading Program
      • No. 35676 (Amendment): Section R277-484-3. Deadlines for Data Submission
      • No. 35677 (Amendment): Rule R277-503. Licensing Routes
      • No. 35678 (Repeal): Rule R277-511. Highly Qualified Teacher Grants
      • No. 35679 (Repeal): Rule R277-513. Dual Certification
      • No. 35680 (Amendment): Rule R277-520. Appropriate Licensing and Assignment of Teachers
      • No. 35681 (Amendment): Rule R277-714. Dissemination of Information About Juvenile Offenders
      • No. 35682 (Repeal): Rule R277-718. Utah Career Teaching Scholarship Program
      • No. 35683 (Amendment): Rule R277-915. Work-based Learning Programs for Interns
  • Environmental Quality
    • Air Quality
      • No. 35615 (Amendment): Section R307-101-3. Version of Code of Federal Regulations Incorporated by Reference
    • Environmental Response and Remediation
      • No. 35668 (Amendment): Rule R311-200. Underground Storage Tanks: Definitions
  • Financial Institutions
    • Administration
      • No. 35684 (Amendment): Rule R331-7. Rule Governing Leasing Transactions by Depository Institutions Subject to the Jurisdiction of the Department of Financial Institutions
  • Health
    • Center for Health Data, Health Care Statistics
      • No. 35616 (Amendment): Rule R428-15. Health Data Authority Health Insurance Claims Reporting
    • Family Health and Preparedness, Child Care Licensing
      • No. 35653 (Repeal): Rule R430-4. General Certificate Provisions
      • No. 35654 (Repeal): Rule R430-30. Adjudicative Procedure
    • Family Health and Preparedness, Licensing
      • No. 35652 (Amendment): Rule R432-650. End Stage Renal Disease Facility Rules
  • Human Services
    • Child and Family Services
      • No. 35630 (New Rule): Rule R512-80. Definitions of Abuse, Neglect, and Dependency
    • Substance Abuse and Mental Health
      • No. 35626 (Amendment): Section R523-23-4. Provider Responsibilities
      • No. 35625 (Amendment): Rule R523-24. Off Premise Retailer (Clerk, Licensee and Manager) Alcohol Training and Education Seminar Rules of Administration
    • Recovery Services
      • No. 35619 (Amendment): Rule R527-201. Medical Support Services
  • Public Safety
    • Fire Marshal
      • No. 35690 (Amendment): Rule R710-2. Rules Pursuant to the Utah Fireworks Act
    • Criminal Investigations and Technical Services, Criminal Identification
      • No. 35650 (Amendment): Rule R722-300. Concealed Firearm Permit and Instructor Rule
  • Transportation
    • Administration
      • No. 35670 (Repeal): Rule R907-60. Handling of Publications Prepared by the Utah Department of Transportation Either for Sale or Free Copy
      • No. 35672 (New Rule): Rule R907-69. Records Access
    • Operations, Maintenance
      • No. 35669 (Amendment): Rule R918-4. Using Volunteer Groups for the Adopt-a-Highway Program

3. Notices of Changes in Proposed Rules

  • Commerce
    • Occupational and Professional Licensing
      • No. 35389 (Change in Proposed Rule): Section R156-67-503. Administrative Penalties
      • No. 35388 (Change in Proposed Rule): Section R156-68-503. Administrative Penalties

4. Notices of 120-Day (Emergency) Rules

  • Natural Resources
    • Geological Survey
      • No. 35685 (Emergency Rule): Rule R638-3. Energy Efficiency Fund
  • Public Safety
    • Driver License
      • No. 35629 (Emergency Rule): Rule R708-10. Classified License System

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

  • Administrative Services
    • Finance
      • No. 35663 (5-year Review): Rule R25-14. Payment of Attorneys Fees in Death Penalty Cases
    • Fleet Operations
      • No. 35622 (5-year Review): Rule R27-4. Vehicle Replacement and Expansion of State Fleet
      • No. 35617 (5-year Review): Rule R27-5. Fleet Tracking
      • No. 35620 (5-year Review): Rule R27-6. Fuel Dispensing Program
      • No. 35621 (5-year Review): Rule R27-8. State Vehicle Maintenance Program
  • Agriculture and Food
    • Administration
      • No. 35614 (5-year Review): Rule R51-2. Administrative Procedures for Informal Proceedings Before the Utah Department of Agriculture and Food
    • Regulatory Services
      • No. 35660 (5-year Review): Rule R70-201. Compliance Procedures
      • No. 35661 (5-year Review): Rule R70-320. Minimum Standards for Milk for Manufacturing Purposes, its Production and Processing
      • No. 35658 (5-year Review): Rule R70-350. Ice Cream and Frozen Dairy Food Standards
      • No. 35657 (5-year Review): Rule R70-360. Procedure for Obtaining a License to Test Milk for Payment
      • No. 35659 (5-year Review): Rule R70-550. Utah Inland Shellfish Safety Program
      • No. 35662 (5-year Review): Rule R70-560. Inspection and Regulation of Cottage Food Production Operations
  • Capitol Preservation Board (State)
    • Administration
      • No. 35687 (5-year Review): Rule R131-10. Commercial Solicitations
      • No. 35688 (5-year Review): Rule R131-11. Preservation of Free Speech Activities
  • Commerce
    • Occupational and Professional Licensing
      • No. 35624 (5-year Review): Rule R156-1. General Rule of the Division of Occupational and Professional Licensing
  • Education
    • Administration
      • No. 35671 (5-year Review): Rule R277-511. Highly Qualified Teacher Grants
      • No. 35673 (5-year Review): Rule R277-512. Online Licensure
  • Financial Institutions
    • Nondepository Lenders
      • No. 35628 (5-year Review): Rule R343-1. Rule Governing Form of Disclosures For Title Lenders, Who Are Under the Jurisdiction of the Department of Financial Institutions
  • Health
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 35639 (5-year Review): Rule R414-510. Intermediate Care Facility for Individuals with Mental Retardation Transition Program
  • Human Services
    • Administration
      • No. 35689 (5-year Review): Rule R495-810. Government Records Access and Management Act
    • Recovery Services
      • No. 35631 (5-year Review): Rule R527-5. Release of Information
  • Insurance
    • Administration
      • No. 35643 (5-year Review): Rule R590-70. Insurance Holding Companies
      • No. 35641 (5-year Review): Rule R590-95. Rule to Permit the Same Minimum Nonforfeiture Standards for Men and Women Insureds Under the 1980 CSO and 1980 CET Mortality Tables
      • No. 35644 (5-year Review): Rule R590-114. Letters of Credit
      • No. 35642 (5-year Review): Rule R590-142. Continuing Education Rule
      • No. 35646 (5-year Review): Rule R590-143. Life and Health Reinsurance Agreements
      • No. 35647 (5-year Review): Rule R590-147. Annual and Quarterly Statement Filing Instructions
      • No. 35645 (5-year Review): Rule R590-150. Commissioner's Acceptance of Examination Reports
    • Title and Escrow Commission
      • No. 35648 (5-year Review): Rule R592-14. Delay or Failure to Record Documents and the Insuring of Properties with the False Appearance of Unmarketability as Unfair Title Insurance Practices
  • Money Management Council
    • Administration
      • No. 35640 (5-year Review): Rule R628-17. Limitations on Commercial Paper and Corporate Notes
  • Public Safety
    • Driver License
      • No. 35636 (5-year Review): Rule R708-3. Driver License Point System Administration
      • No. 35632 (5-year Review): Rule R708-7. Functional Ability in Driving: Guidelines for Physicians
      • No. 35633 (5-year Review): Rule R708-8. Review Process: Driver License Medical Section
      • No. 35637 (5-year Review): Rule R708-14. Adjudicative Proceedings For Driver License Actions Involving Alcohol and Drugs
      • No. 35634 (5-year Review): Rule R708-34. Medical Waivers for Intrastate Commercial Driving Privileges
      • No. 35638 (5-year Review): Rule R708-35. Adjudicative Proceedings For Driver License Offenses Not Involving Alcohol or Drug Actions
    • Peace Officer Standards and Training
      • No. 35627 (5-year Review): Rule R728-411. Guidelines Regarding Administrative Action Taken Against Individuals Functioning As Peace Officers Without Peace Officer Certification Or Powers
  • Public Service Commission
    • Administration
      • No. 35651 (5-year Review): Rule R746-348. Interconnection
  • School and Institutional Trust Lands
    • Administration
      • No. 35655 (5-year Review): Rule R850-90. Land Exchanges
      • No. 35656 (5-year Review): Rule R850-120. Beneficiary Use of Institutional Trust Land

6. Notices of Rule Effective Dates

Additional Information

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