Utah State Bulletin, Volume 2012, Number 13 (July 1, 2012)

Notices of Utah State Government
Filed June 2, 2012, 12:00 AM through June 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/b20120701.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

  • Community and Culture
    • Administration
      • No. 36353 (New Rule): Rule R182-2. Preservation Pro Fee
    • Home Energy Assistance Target (HEAT)
      • No. 36313 (Repeal): Rule R195-1. Energy Assistance: General Provisions
      • No. 36314 (Repeal): Rule R195-2. Energy Assistance Programs Standards
      • No. 36315 (Repeal): Rule R195-3. Energy Assistance Income Standards, Income Eligibility, and Payment Determination
      • No. 36316 (Repeal): Rule R195-4. Energy Assistance: Asset Standards
      • No. 36317 (Repeal): Rule R195-5. Energy Assistance: Program Benefits
      • No. 36318 (Repeal): Rule R195-6. Energy Assistance: Eligibility Determination
      • No. 36319 (Repeal): Rule R195-7. Energy Assistance: Records and Benefit Management
      • No. 36320 (Repeal): Rule R195-8. Energy Assistance: Special State Programs
    • Housing and Community Development
      • No. 36321 (Repeal): Rule R199-8. Permanent Community Impact Fund Board Review and Approval of Applications for Funding Assistance
      • No. 36322 (Repeal): Rule R199-9. Policy Concerning Enforceability and Taxability of Bonds Purchased
      • No. 36323 (Repeal): Rule R199-10. Procedures in Case of Inability to Formulate Contract for Alleviation of Impact
      • No. 36324 (Repeal): Rule R199-11. Community Development Block Grants (CDBG)
    • Housing and Community Development, Community Services
      • No. 36325 (Repeal): Rule R202-100. Community Services Block Grant Rules
      • No. 36326 (Repeal): Rule R202-101. Qualified Emergency Food Agencies Fund (QEFAF)
    • Olene Walker Housing Trust Fund
      • No. 36327 (Repeal): Rule R235-1. Olene Walker Housing Loan Fund (OWHLF)
  • Education
    • Administration
      • No. 36364 (New Rule): Rule R277-408. Grants for Online Testing
      • No. 36366 (Amendment): Rule R277-467. Distribution of Funds Appropriated for Library Books and Electronic Resources
      • No. 36367 (Amendment): Rule R277-470. Charter Schools - General Provisions
      • No. 36368 (Amendment): Rule R277-482. Charter School Timelines and Approval Processes
      • No. 36370 (Amendment): Rule R277-488. Critical Languages Program
      • No. 36373 (Amendment): Rule R277-489. Optional Extended Day Kindergarten - Responsibilities, Timelines, and Funding
      • No. 36374 (New Rule): Rule R277-618. Educator Peer Assistance and Review Pilot Program (PAR Program)
  • Health
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 36375 (Amendment): Rule R414-1. Utah Medicaid Program
      • No. 36377 (Amendment): Rule R414-49. Dental Services
      • No. 36378 (Amendment): Rule R414-50. Dental, Oral and Maxillofacial Surgeons
      • No. 36379 (Amendment): Rule R414-510. Intermediate Care Facility for Individuals with Mental Retardation Transition Program
  • Natural Resources
    • Wildlife Resources
      • No. 36363 (New Rule): Rule R657-64. Predator Control Incentives
  • Public Safety
    • Driver License
      • No. 36331 (Amendment): Rule R708-10. Classified License System
      • No. 36332 (New Rule): Rule R708-47. Emergency Contact Database
  • Tax Commission
    • Administration
      • No. 36361 (Amendment): Section R861-1A-26. Procedures for Formal Adjudicative Proceedings Pursuant to Utah Code Ann. Sections 59-1-501 and 63G-4-204 through 63G-4-209
    • Auditing
      • No. 36362 (Amendment): Section R865-21U-6. Liability of Purchasers and Receipt For Payment to Retailers Pursuant to Utah Code Ann. Section 59-12-107
  • Transportation
    • Operations, Maintenance
      • No. 36345 (New Rule): Rule R918-6. Maintenance Responsibility at Intersections, Overcrossings, and Interchanges Between Class A Roads and Class B or Class C Roads

4. Notices of Changes in Proposed Rules

  • Administrative Services
    • Facilities Construction and Management
      • No. 36020 (Change in Proposed Rule): Section R23-1-40. Acceptable Bid Security; Performance and Payment Bonds
  • Environmental Quality
    • Air Quality
      • No. 35865 (Change in Proposed Rule): Rule R307-107. General Requirements: Unavoidable Breakdown
      • No. 35923 (Change in Proposed Rule): Rule R307-202. Emission Standards: General Burning

5. Notices of 120-Day (Emergency) Rules

  • Public Safety
    • Driver License
      • No. 36330 (Emergency Rule): Rule R708-10. Classified License System

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

  • Capitol Preservation Board (State)
    • Administration
      • No. 36359 (5-year Review): Rule R131-3. Use of Magnetometers on Capitol Hill
  • Commerce
    • Administration
      • No. 36329 (5-year Review): Rule R151-35. Powersport Vehicle Franchise Act Rule
    • Consumer Protection
      • No. 36360 (5-year Review): Rule R152-34. Postsecondary Proprietary School Act Rules
  • Community and Culture
    • Library
      • No. 36328 (5-year Review): Rule R223-1. Adjudicative Procedures
  • Corrections
    • Administration
      • No. 36312 (5-year Review): Rule R251-401. Supervision Fees
  • Education
    • Administration
      • No. 36365 (5-year Review): Rule R277-467. Distribution of Funds Appropriated for Library Books and Electronic Resources
      • No. 36369 (5-year Review): Rule R277-488. Critical Languages Program
      • No. 36372 (5-year Review): Rule R277-489. Optional Extended-Day Kindergarten - Responsibilities, Timelines, and Funding
  • Environmental Quality
    • Air Quality
      • No. 36333 (5-year Review): Rule R307-105. General Requirements: Emergency Controls
      • No. 36334 (5-year Review): Rule R307-401. Permit: New and Modified Sources
      • No. 36335 (5-year Review): Rule R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
      • No. 36336 (5-year Review): Rule R307-406. Visibility
      • No. 36337 (5-year Review): Rule R307-410. Permits: Emissions Impact Analysis
      • No. 36338 (5-year Review): Rule R307-414. Permits: Fees for Approval Orders
      • No. 36339 (5-year Review): Rule R307-415. Permits: Operating Permit Requirements
      • No. 36340 (5-year Review): Rule R307-417. Permits: Acid Rain Sources
      • No. 36341 (5-year Review): Rule R307-420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties
      • No. 36342 (5-year Review): Rule R307-421. Permits: PM10 Offset Requirements in Salt Lake County and Utah County
  • Health
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 36309 (5-year Review): Rule R414-310. Medicaid Primary Care Network Demonstration Waiver
  • Human Services
    • Substance Abuse and Mental Health
      • No. 36310 (5-year Review): Rule R523-20. Division Rules of Administration
    • Recovery Services
      • No. 36346 (5-year Review): Rule R527-3. Definitions
      • No. 36347 (5-year Review): Rule R527-37. Closure Criteria for Support Cases
      • No. 36348 (5-year Review): Rule R527-253. Collection of Child Support Judgments
      • No. 36349 (5-year Review): Rule R527-255. Substantial Change in Circumstances
      • No. 36350 (5-year Review): Rule R527-258. Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program
      • No. 36351 (5-year Review): Rule R527-330. Posting Priority of Payments Received
  • Insurance
    • Administration
      • No. 36344 (5-year Review): Rule R590-240. Procedure to Obtain Exemption of Student Health Programs From Insurance Code
  • Natural Resources
    • Water Rights
      • No. 36376 (5-year Review): Rule R655-1. Wells Used for the Discovery and Production of Geothermal Energy in the State of Utah
      • No. 36380 (5-year Review): Rule R655-2. Procedure for Administrative Proceedings Before the Division of Water Rights Commenced Prior to January 1, 1988
      • No. 36381 (5-year Review): Rule R655-6. Administrative Procedures for Informal Proceedings Before the Division of Water Rights
      • No. 36382 (5-year Review): Rule R655-15. Administrative Procedures for Distribution Systems and Water Commissioners
  • Public Safety
    • Fire Marshal
      • No. 36343 (5-year Review): Rule R710-9. Rules Pursuant to the Utah Fire Prevention and Safety Act
  • Public Service Commission
    • Administration
      • No. 36358 (5-year Review): Rule R746-400. Public Utility Reports
  • Workforce Services
    • Administration
      • No. 36354 (5-year Review): Rule R982-101. Americans with Disabilities Complaint Procedure
      • No. 36355 (5-year Review): Rule R982-201. Government Records Access and Management Act
      • No. 36356 (5-year Review): Rule R982-301. Councils
      • No. 36357 (5-year Review): Rule R982-601. Provider Code of Conduct

7. Notices of Rule Effective Dates

Additional Information

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