Utah State Bulletin, Volume 2012, Number 11 (June 1, 2012)

Notices of Utah State Government
Filed May 2, 2012, 12:00 AM through May 15, 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/b20120601.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

  • Agriculture and Food
    • Animal Industry
      • No. 36164 (Amendment): Rule R58-21. Trichomoniasis
    • Regulatory Services
      • No. 36147 (New Rule): Rule R70-520. Standard of Identity and Labeling Requirements for Honey
  • Commerce
    • Occupational and Professional Licensing
      • No. 36157 (Amendment): Section R156-55a-602. Contractor License Bonds
      • No. 36189 (Amendment): Rule R156-60a. Social Worker Licensing Act Rule
      • No. 36181 (Amendment): Section R156-69-302d. Licensing of Dentist-Educators
      • No. 36183 (Amendment): Rule R156-75. Genetic Counselors Licensing Act Rule
  • Education
    • Administration
      • No. 36199 (Amendment): Section R277-407-3. Classes and Activities During the Regular School Day
      • No. 36200 (Amendment): Section R277-437-3. Local School Board and District Responsibilities
      • No. 36201 (Amendment): Rule R277-491. School Community Councils
      • No. 36202 (Amendment): Section R277-497-3. Board Responsibilities
      • No. 36203 (Amendment): Rule R277-500. Educator Licensing Renewal, Timelines, and Required Fingerprint Background Checks (Effective Beginning July 1, 2012)
      • No. 36204 (Repeal): Rule R277-501. Educator Licensing Renewal, Timelines, and Required Fingerprint Background Checks (Effective Through June 30, 2012)
      • No. 36205 (Amendment): Rule R277-524. Paraprofessional Qualifications
      • No. 36206 (Amendment): Rule R277-800. Utah Schools for the Deaf and the Blind
  • Environmental Quality
    • Air Quality
      • No. 36176 (Repeal and Reenact): Rule R307-801. Asbestos
  • Health
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 36186 (Amendment): Section R414-501-2. Definitions
      • No. 36187 (Repeal and Reenact): Rule R414-503. Preadmission Screening and Resident Review
    • Family Health and Preparedness, Emergency Medical Services
      • No. 36182 (Amendment): Rule R426-16. Emergency Medical Services Ambulance Rates and Charges
  • Human Resource Management
    • Administration
      • No. 36211 (Amendment): Rule R477-6. Compensation
  • Insurance
    • Administration
      • No. 36215 (Amendment): Rule R590-162. Actuarial Opinion and Memorandum Rule
      • No. 36222 (New Rule): Rule R590-264. Property and Casualty Actuarial Opinion Rule
  • Natural Resources
    • Wildlife Resources
      • No. 36158 (Amendment): Rule R657-5. Taking Big Game
      • No. 36159 (Amendment): Rule R657-62. Drawing Application Procedures
  • Public Safety
    • Fire Marshal
      • No. 36188 (Amendment): Section R710-7-2. Definitions
  • Public Service Commission
    • Administration
      • No. 36195 (Amendment): Rule R746-100. Practice and Procedures Governing Formal Hearings
      • No. 36214 (New Rule): Rule R746-313. Electric Service Reliability
      • No. 36208 (Amendment): Section R746-405-2. Format and Construction of Tariffs
  • Regents (Board Of)
    • Administration
      • No. 36165 (Amendment): Rule R765-604. New Century Scholarship
  • Science Technology and Research Governing Auth.
    • Administration
      • No. 36156 (New Rule): Rule R856-1. Formation and Funding of Utah Science Technology and Research Innovation Teams
      • No. 36155 (New Rule): Rule R856-2. Distribution of Utah Science Technology and Research Commercialization Revenues
  • Tax Commission
    • Administration
      • No. 36172 (Amendment): Section R861-1A-20. Time of Appeal Pursuant to Utah Code Ann. Sections 59-1-301, 59-1-501, 59-2-1007, 59-7-517, 59-10-532, 59-10-533, 59-10-535, 59-12-114, 59-13-210, 63G-4-201, 63G-4-401, 68-3-7, and 68-3-8.5
    • Auditing
      • No. 36170 (Amendment): Section R865-6F-6. Application of Corporation Franchise or Income Tax Acts to Qualified Corporations and to Nonqualified Foreign Corporations Pursuant to Utah Code Ann. Section 59-7-104
      • No. 36173 (Amendment): Section R865-9I-49. Higher Education Savings Incentive Program Administration Pursuant to Utah Code Ann. Sections 53B-8a-112, 59-10-114, and 59-10-1017
      • No. 36171 (Amendment): Section R865-12L-14. Local Sales and Use Tax Distributions and Redistributions Pursuant to Utah Code Ann. Sections 59-12-210 and 59-12-210.1
      • No. 36175 (Amendment): Section R865-19S-123. Specie Legal Tender Pursuant to Utah Code Ann. Section 59-12-107
    • Collections
      • No. 36168 (Amendment): Section R867-2B-2. Jeopardy Assessment Pursuant to Utah Code Ann. Sections 59-1-701 and 59-1-702
      • No. 36169 (Amendment): Section R867-2B-4. Uniform Affixing and Displaying of Drug Stamps Pursuant to Utah Code Ann. Section 59-19-104
    • Property Tax
      • No. 36174 (Amendment): Section R884-24P-66. County Board of Equalization Procedures and Appeals Pursuant to Utah Code Ann. Section 59-2-1004
  • Transportation
    • Administration
      • No. 36178 (Amendment): Rule R907-68. Prioritization of New Transportation Capacity Projects
  • Workforce Services
    • Administration
      • No. 36193 (New Rule): Rule R982-401. Energy Assistance: General Provisions
      • No. 36194 (New Rule): Rule R982-402. Energy Assistance Programs Standards.
      • No. 36196 (New Rule): Rule R982-403. Energy Assistance Income Standards, Income Eligibility, and Payment Determination
      • No. 36197 (New Rule): Rule R982-404. Energy Assistance: Asset Standards
      • No. 36207 (New Rule): Rule R982-405. Energy Assistance: Program Benefits
      • No. 36209 (New Rule): Rule R982-406. Energy Assistance: Eligibility Determination
      • No. 36210 (New Rule): Rule R982-407. Energy Assistance: Records and Benefit Management
      • No. 36212 (New Rule): Rule R982-408. Energy Assistance: Special State Programs
      • No. 36213 (New Rule): Rule R982-501. Olene Walker Housing Loan Fund (OWHLF)
    • Housing and Community Development
      • No. 36216 (New Rule): Rule R990-8. Permanent Community Impact Fund Board Review and Approval of Applications for Funding Assistance
      • No. 36217 (New Rule): Rule R990-9. Policy Concerning Enforceability and Taxability of Bonds Purchased
      • No. 36218 (New Rule): Rule R990-10. Procedures in Case of Inability to Formulate Contract for Alleviation of Impact
      • No. 36219 (New Rule): Rule R990-11. Community Development Block Grants (CDBG)
      • No. 36221 (New Rule): Rule R990-100. Community Services Block Grant Rules
      • No. 36220 (New Rule): Rule R990-101. Qualified Emergency Food Agencies Fund (QEFAF)
    • Unemployment Insurance
      • No. 36223 (Amendment): Rule R994-403. Claim for Benefits
      • No. 36224 (Amendment): Rule R994-405. Ineligibility for Benefits

3. Notices of 120-Day (Emergency) Rules

  • Agriculture and Food
    • Animal Industry
      • No. 36143 (Emergency Rule): Rule R58-3. Brucellosis Vaccination Requirements
  • Transportation
    • Preconstruction, Right-of-Way Acquisition
      • No. 36180 (Emergency Rule): Rule R933-2. Control of Outdoor Advertising Signs

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

  • Administrative Services
    • Facilities Construction and Management
      • No. 36145 (5-year Review): Rule R23-1. Procurement of Construction
      • No. 36146 (5-year Review): Rule R23-19. Facility Use Rules
      • No. 36148 (5-year Review): Rule R23-20. Free Speech Activities
  • Education
    • Administration
      • No. 36153 (5-year Review): Rule R277-612. Foreign Exchange Students
  • Environmental Quality
    • Water Quality
      • No. 36190 (5-year Review): Rule R317-3. Design Requirements for Wastewater Collection, Treatment and Disposal Systems
  • Health
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 36184 (5-year Review): Rule R414-100. Medicaid Primary Care Network Services
      • No. 36185 (5-year Review): Rule R414-200. Non-Traditional Medicaid Health Plan Services
  • Insurance
    • Administration
      • No. 36142 (5-year Review): Rule R590-238. Captive Insurance Companies
  • Natural Resources
    • Wildlife Resources
      • No. 36149 (5-year Review): Rule R657-2. Adjudicative Proceedings
      • No. 36150 (5-year Review): Rule R657-22. Commercial Hunting Areas
      • No. 36152 (5-year Review): Rule R657-30. Fishing License for the Terminally Ill
  • Public Safety
    • Fire Marshal
      • No. 36198 (5-year Review): Rule R710-1. Concerns Servicing Portable Fire Extinguishers
  • Public Service Commission
    • Administration
      • No. 36166 (5-year Review): Rule R746-420. Requests for Approval of a Solicitation Process
      • No. 36167 (5-year Review): Rule R746-430. Procedural and Informational Requirements for Action Plans, for an Approval of a Significant Energy Resource, for Determination of Whether to Proceed, and for Waivers of a Solicitation Process or of an Approval of a Significant Energy Resource

5. Notices of Rule Effective Dates

Additional Information

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