Utah State Bulletin, Volume 2012, Number 15 (August 1, 2012)

Notices of Utah State Government
Filed July 3, 2012, 12:00 AM through July 16, 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/b20120801.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
    • Debt Collection
      • No. 36495 (Amendment): Rule R21-1. Transfer of Collection Responsibility of State Agencies
  • Commerce
    • Occupational and Professional Licensing
      • No. 36484 (Amendment): Rule R156-20a. Environmental Health Scientist Act Rule
    • Real Estate
      • No. 36449 (Amendment): Rule R162-2e. Appraisal Management Company Administrative Rules
  • Environmental Quality
    • Air Quality
      • No. 36481 (New Rule): Rule R307-208. Outdoor Wood Boiler Prohibition
      • No. 36480 (New Rule): Rule R307-303. Commercial Cooking
      • No. 36483 (Amendment): Rule R307-309. Nonattainment and Maintenance Areas for PM10: Fugitive Emissions and Fugitive Dust
      • No. 36482 (Amendment): Rule R307-335. Ozone Nonattainment and Maintenance Areas: Degreasing and Solvent Cleaning Operations
    • Environmental Response and Remediation
      • No. 36496 (Amendment): Section R311-201-12. UST Operator Training and Registration
      • No. 36497 (Amendment): Rule R311-206. Underground Storage Tanks: Financial Assurance Mechanisms
    • Water Quality
      • No. 36502 (Amendment): Section R317-1-7. TMDLs
  • Health
    • Family Health and Preparedness, Licensing
      • No. 36445 (Amendment): Rule R432-270. Assisted Living Facilities
  • Insurance
    • Administration
      • No. 36493 (Amendment): Rule R590-130. Rules Governing Advertisements of Insurance
      • No. 36458 (Amendment): Section R590-225-7. Procedures for Form Filings
  • Natural Resources
    • Water Rights
      • No. 36455 (Amendment): Section R655-5-4. Mapping Standards
    • Wildlife Resources
      • No. 36494 (Amendment): Rule R657-3. Collection, Importation, Transportation, and Possession of Zoological Animals
  • Regents (Board Of)
    • Administration
      • No. 36447 (Repeal): Rule R765-626. Lender-of-Last-Resort Program
  • Workforce Services
    • Employment Development
      • No. 36498 (Amendment): Section R986-700-716. CC in Unusual Circumstances
      • No. 36499 (Amendment): Section R986-900-902. Options and Waivers
    • Housing and Community Development
      • No. 36487 (New Rule): Rule R990-12. State Small Business Credit Initiative Program Fund

4. Notices of 120-Day (Emergency) Rules

  • Agriculture and Food
    • Regulatory Services
      • No. 36465 (Emergency Rule): Rule R70-330. Raw Milk for Retail
  • Workforce Services
    • Housing and Community Development
      • No. 36486 (Emergency Rule): Rule R990-12. State Small Business Credit Initiative Program Fund

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

  • Agriculture and Food
    • Marketing and Development
      • No. 36489 (5-year Review): Rule R65-2. Utah Cherry Marketing Order
      • No. 36488 (5-year Review): Rule R65-5. Utah Red Tart and Sour Cherry Marketing Order
      • No. 36490 (5-year Review): Rule R65-11. Utah Sheep Marketing Order
  • Commerce
    • Securities
      • No. 36459 (5-year Review): Rule R164-1. Fraudulent Practices
      • No. 36460 (5-year Review): Rule R164-4. Licensing Requirements
      • No. 36461 (5-year Review): Rule R164-5. Broker-Dealer and Investment Adviser Books and Records
      • No. 36462 (5-year Review): Rule R164-6. Denial, Suspension or Revocation of a License
      • No. 36463 (5-year Review): Rule R164-18. Procedures
      • No. 36464 (5-year Review): Rule R164-25. Record of Registration
  • Environmental Quality
    • Water Quality
      • No. 36457 (5-year Review): Rule R317-10. Certification of Wastewater Works Operators
      • No. 36456 (5-year Review): Rule R317-100. Utah State Project Priority System for the Utah Wastewater Project Assistance Program
  • Human Services
    • Aging and Adult Services
      • No. 36477 (5-year Review): Rule R510-1. Authority and Purpose
      • No. 36478 (5-year Review): Rule R510-100. Funding Formulas
      • No. 36479 (5-year Review): Rule R510-101. Carryover Policy for Title III: Grants for State and Community Programs on Aging
      • No. 36466 (5-year Review): Rule R510-102. Amendments to Area Plan and Management Plan
      • No. 36467 (5-year Review): Rule R510-103. Use of Senior Centers by Long-Term Care Facility Residents Participating in Activities Outside Their Planning and Service Area
      • No. 36468 (5-year Review): Rule R510-106. Minimum Percentages of Older Americans Act, Title III Part B: State and Supportive Services Funds
      • No. 36469 (5-year Review): Rule R510-107. Title V Senior Community Service Employment Program Standards and Procedures
      • No. 36470 (5-year Review): Rule R510-108. Definition of Rural for Title III: Grants for State and Community Programs on Aging Reporting Under the Older Americans Act
      • No. 36471 (5-year Review): Rule R510-109. Definition of Significant Population of Older Native Americans
      • No. 36472 (5-year Review): Rule R510-110. Policy Regarding Contractual Involvements of Area Agencies on Aging for Private Eldercare and Case Management Services
      • No. 36473 (5-year Review): Rule R510-111. Policy on Use of State Funding for Travel Expenses to Assist the National Senior Service Corps (NSSC)
      • No. 36474 (5-year Review): Rule R510-200. Long-Term Care Ombudsman Program Policy
      • No. 36475 (5-year Review): Rule R510-302. Adult Protective Services
      • No. 36476 (5-year Review): Rule R510-400. Home and Community Based Alternatives Program
  • Insurance
    • Administration
      • No. 36501 (5-year Review): Rule R590-148. Long-Term Care Insurance Rule
      • No. 36485 (5-year Review): Rule R590-151. Records Access Rule
      • No. 36500 (5-year Review): Rule R590-241. Rule to Recognize the Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities
  • Money Management Council
    • Administration
      • No. 36453 (5-year Review): Rule R628-2. Investment of Funds of Public Education Foundations Established under Section 53A-4-205 or Funds Acquired by Gift, Devise or Bequest
  • Natural Resources
    • Wildlife Resources
      • No. 36448 (5-year Review): Rule R657-14. Commercial Harvesting of Protected Aquatic Wildlife

6. Notices of Rule Effective Dates

Additional Information

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