Utah State Bulletin, Volume 2012, Number 4 (February 15, 2012)

Notices of Utah State Government
Filed January 18, 2012, 12:00 AM through February 1, 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/b20120215.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. Special Notices

2. Executive Documents

3. Notices of Proposed Rules

  • Administrative Services
    • Fleet Operations
      • No. 35727 (New Rule): Rule R27-9. Dispensing Compressed Natural Gas to the Public
  • Health
    • Children's Health Insurance Program
      • No. 35788 (Amendment): Rule R382-10. Eligibility
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 35789 (Amendment): Rule R414-303. Coverage Groups
      • No. 35790 (Amendment): Rule R414-308. Application, Eligibility Determinations and Improper Medical Assistance
  • Human Services
    • Recovery Services
      • No. 35728 (Amendment): Rule R527-34. Non IV-A Services
      • No. 35729 (Amendment): Rule R527-35. Non IV-A Fee Schedule
  • Insurance
    • Administration
      • No. 35699 (Amendment): Rule R590-230. Suitability in Annuity Transactions
  • Natural Resources
    • Wildlife Resources
      • No. 35734 (Amendment): Rule R657-20. Falconry
      • No. 35733 (Amendment): Rule R657-33. Taking Bear

4. Notices of Changes in Proposed Rules

  • Environmental Quality
    • Water Quality
      • No. 35359 (Change in Proposed Rule): Rule R317-2. Standards of Quality for Waters of the State

5. Notices of 120-Day (Emergency) Rules

  • Corrections
    • Administration
      • No. 35767 (Emergency Rule): Rule R251-106. Media Relations
      • No. 35768 (Emergency Rule): Rule R251-107. Executions
      • No. 35769 (Emergency Rule): Rule R251-108. Adjudicative Proceedings
      • No. 35770 (Emergency Rule): Rule R251-703. Vehicle Direction Station
      • No. 35771 (Emergency Rule): Rule R251-704. North Gate
      • No. 35772 (Emergency Rule): Rule R251-705. Inmate Mail Procedures
      • No. 35773 (Emergency Rule): Rule R251-706. Inmate Visiting

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

  • Agriculture and Food
    • Animal Industry
      • No. 35691 (5-year Review): Rule R58-1. Admission and Inspection of Livestock, Poultry, and Other Animals
      • No. 35692 (5-year Review): Rule R58-6. Poultry
      • No. 35695 (5-year Review): Rule R58-18. Elk Farming
      • No. 35696 (5-year Review): Rule R58-19. Compliance Procedures
      • No. 35694 (5-year Review): Rule R58-22. Equine Infectious Anemia (EIA)
      • No. 35693 (5-year Review): Rule R58-23. Equine Viral Arteritis (EVA)
    • Plant Industry
      • No. 35697 (5-year Review): Rule R68-19. Compliance Procedures
  • Commerce
    • Occupational and Professional Licensing
      • No. 35735 (5-year Review): Rule R156-56. Building Inspector and Factory Built Housing Licensing Act Rule
      • No. 35736 (5-year Review): Rule R156-64. Deception Detection Examiners Licensing Act Rule
  • Community and Culture
    • Arts and Museums
      • No. 35723 (5-year Review): Rule R207-1. Utah Arts Council General Program Rules
      • No. 35724 (5-year Review): Rule R207-2. Policy for Commissions, Purchases, and Donations to, and Loans from, the Utah State Art Collection
  • Environmental Quality
    • Air Quality
      • No. 35774 (5-year Review): Rule R307-110. General Requirements: State Implementation Plan
      • No. 35775 (5-year Review): Rule R307-120. General Requirements: Tax Exemption for Air Pollution Control Equipment
      • No. 35716 (5-year Review): Rule R307-121. General Requirements: Clean Air and Efficient Vehicle Tax Credit
      • No. 35776 (5-year Review): Rule R307-130. General Penalty Policy
      • No. 35777 (5-year Review): Rule R307-135. Enforcement Response Policy for Asbestos Hazard Emergency Response Act
      • No. 35778 (5-year Review): Rule R307-301. Utah and Weber Counties: Oxygenated Gasoline Program As a Contingency Measure
      • No. 35779 (5-year Review): Rule R307-320. Ozone Maintenance Areas and Ogden City: Employer-Based Trip Reduction Program
      • No. 35780 (5-year Review): Rule R307-325. Ozone Nonattainment and Maintenance Areas: General Requirements
      • No. 35781 (5-year Review): Rule R307-326. Ozone Nonattainment and Maintenance Areas: Control of Hydrocarbon Emissions in Petroleum Refineries
      • No. 35782 (5-year Review): Rule R307-327. Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage
      • No. 35783 (5-year Review): Rule R307-328. Gasoline Transfer and Storage
      • No. 35784 (5-year Review): Rule R307-335. Ozone Nonattainment and Maintenance Areas: Degreasing and Solvent Cleaning Operations
      • No. 35785 (5-year Review): Rule R307-340. Ozone Nonattainment and Maintenance Areas: Surface Coating Processes
      • No. 35786 (5-year Review): Rule R307-341. Ozone Nonattainment and Maintenance Areas: Cutback Asphalt
      • No. 35787 (5-year Review): Rule R307-343. Ozone Nonattainment and Maintenance Areas: Emissions Standards for Wood Furniture Manufacturing Operations
    • Water Quality
      • No. 35726 (5-year Review): Rule R317-12. General Requirements: Tax Exemption for Water Pollution Control Equipment
  • Financial Institutions
    • Credit Unions
      • No. 35700 (5-year Review): Rule R337-10. Rule Designating Applicable Federal Law for Credit Unions Subject to the Jurisdiction of the Department of Financial Institutions
  • Health
    • Disease Control and Prevention, Environmental Services
      • No. 35715 (5-year Review): Rule R392-100. Food Service Sanitation
      • No. 35710 (5-year Review): Rule R392-200. Design, Construction, Operation, Sanitation, and Safety of Schools
      • No. 35709 (5-year Review): Rule R392-300. Recreation Camp Sanitation
      • No. 35708 (5-year Review): Rule R392-301. Recreational Vehicle Park Sanitation
      • No. 35707 (5-year Review): Rule R392-302. Design, Construction and Operation of Public Pools
      • No. 35711 (5-year Review): Rule R392-400. Temporary Mass Gatherings Sanitation
      • No. 35714 (5-year Review): Rule R392-401. Roadway Rest Stop Sanitation
      • No. 35712 (5-year Review): Rule R392-402. Mobile Home Park Sanitation
      • No. 35713 (5-year Review): Rule R392-501. Labor Camp Sanitation
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 35719 (5-year Review): Rule R414-7C. Alternative Remedies for Nursing Facilities
      • No. 35720 (5-year Review): Rule R414-10. Physician Services
      • No. 35722 (5-year Review): Rule R414-10A. Transplant Services Standards
      • No. 35721 (5-year Review): Rule R414-45. Personal Supervision by a Physician
    • Disease Control and Prevention, Laboratory Services
      • No. 35706 (5-year Review): Rule R438-12. Rule for Law Enforcement Blood Draws
    • Disease Control and Prevention, Laboratory Improvement
      • No. 35701 (5-year Review): Rule R444-11. Rules for Approval to Perform Blood Alcohol Examinations
  • Human Services
    • Administration
      • No. 35717 (5-year Review): Rule R495-878. Americans with Disabilities Act Grievance Procedures
    • Public Guardian (Office of)
      • No. 35759 (5-year Review): Rule R549-1. Eligibility and Services Priority
  • Natural Resources
    • Oil, Gas and Mining; Administration
      • No. 35791 (5-year Review): Rule R642-100. Records of the Division and Board of Oil, Gas and Mining
    • Oil, Gas and Mining; Abandoned Mine Reclamation
      • No. 35792 (5-year Review): Rule R643-870. Abandoned Mine Reclamation Regulation Definitions
      • No. 35793 (5-year Review): Rule R643-872. Abandoned Mine Reclamation Fund
      • No. 35794 (5-year Review): Rule R643-874. General Reclamation Requirements
      • No. 35795 (5-year Review): Rule R643-875. Noncoal Reclamation
      • No. 35796 (5-year Review): Rule R643-877. Rights of Entry
      • No. 35797 (5-year Review): Rule R643-879. Acquisition, Management, and Disposition of Lands and Water
      • No. 35798 (5-year Review): Rule R643-882. Reclamation on Private Land
      • No. 35799 (5-year Review): Rule R643-884. State Reclamation Plan
      • No. 35800 (5-year Review): Rule R643-886. State Reclamation Grants
    • Oil, Gas and Mining; Coal
      • No. 35801 (5-year Review): Rule R645-100. Administrative: Introduction
      • No. 35802 (5-year Review): Rule R645-103. Areas Unsuitable for Coal Mining and Reclamation Operations
      • No. 35803 (5-year Review): Rule R645-200. Coal Exploration: Introduction
      • No. 35804 (5-year Review): Rule R645-201. Coal Exploration: Requirements for Exploration Approval
    • Forestry, Fire and State Lands
      • No. 35698 (5-year Review): Rule R652-140. Utah Forest Practices Act
  • Pardons (Board Of)
    • Administration
      • No. 35730 (5-year Review): Rule R671-101. Rules
      • No. 35731 (5-year Review): Rule R671-102. Americans with Disabilities Act Complaint Procedures
      • No. 35732 (5-year Review): Rule R671-201. Original Parole Grant Hearing Schedule and Notice.
      • No. 35737 (5-year Review): Rule R671-202. Notification of Hearings
      • No. 35738 (5-year Review): Rule R671-203. Victim Input and Notification
      • No. 35739 (5-year Review): Rule R671-205. Credit for Time Served
      • No. 35758 (5-year Review): Rule R671-206. Competency of Offenders
      • No. 35740 (5-year Review): Rule R671-207. Mentally Ill and Deteriorated Offender Custody Transfer
      • No. 35741 (5-year Review): Rule R671-301. Personal Appearance
      • No. 35742 (5-year Review): Rule R671-302. News Media and Public Access to Hearings
      • No. 35743 (5-year Review): Rule R671-303. Information Received, Maintained or Used by the Board
      • No. 35744 (5-year Review): Rule R671-304. Hearing Record
      • No. 35745 (5-year Review): Rule R671-305. Notification of Board Decision
      • No. 35746 (5-year Review): Rule R671-308. Offender Hearing Assistance
      • No. 35747 (5-year Review): Rule R671-309. Impartial Hearings
      • No. 35748 (5-year Review): Rule R671-310. Rescission Hearings
      • No. 35749 (5-year Review): Rule R671-311. Special Attention Hearings and Reviews
      • No. 35750 (5-year Review): Rule R671-315. Pardons
      • No. 35751 (5-year Review): Rule R671-316. Redetermination
      • No. 35752 (5-year Review): Rule R671-402. Special Conditions of Parole
      • No. 35753 (5-year Review): Rule R671-405. Parole Termination
  • Public Safety
    • Driver License
      • No. 35702 (5-year Review): Rule R708-2. Commercial Driver Training Schools
      • No. 35703 (5-year Review): Rule R708-21. Third-Party Testing
      • No. 35704 (5-year Review): Rule R708-25. Commercial Driver License Applicant Fitness Certification
      • No. 35705 (5-year Review): Rule R708-27. Certification of Driver Education Teachers in the Public Schools to Administer Knowledge and Driving Skills Tests

7. Notices of Expired Rules

  • Corrections
    • Administration
      • No. 35760 (Expired): Rule R251-106. Media Relations
      • No. 35761 (Expired): Rule R251-107. Executions
      • No. 35762 (Expired): Rule R251-108. Adjudicative Proceedings
      • No. 35763 (Expired): Rule R251-703. Vehicle Direction Station
      • No. 35764 (Expired): Rule R251-704. North Gate
      • No. 35765 (Expired): Rule R251-705. Inmate Mail Procedures
      • No. 35766 (Expired): Rule R251-706. Inmate Visiting

8. Notices of Five-Year Extensions

  • Corrections
    • Administration
      • No. 35754 (Five-Year Extension): Rule R251-305. Visiting at Community Correctional Centers
      • No. 35755 (Five-Year Extension): Rule R251-306. Sponsors in Community Correctional Centers
      • No. 35756 (Five-Year Extension): Rule R251-707. Legal Access
      • No. 35757 (Five-Year Extension): Rule R251-710. Search

9. Notices of Rule Effective Dates

Additional Information

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