Utah State Bulletin, Volume 2012, Number 16 (August 15, 2012)

Notices of Utah State Government
Filed July 17, 2012, 12:00 AM through August 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/b20120815.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. Notices of Proposed Rules

  • Commerce
    • Occupational and Professional Licensing
      • No. 36551 (Amendment): Rule R156-1. General Rule of the Division of Occupational and Professional Licensing
      • No. 36552 (Amendment): Rule R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code Rule
  • Education
    • Administration
      • No. 36591 (Amendment): Rule R277-101. Utah State Board of Education Procedures
      • No. 36592 (Amendment): Rule R277-103. USOE Government Records and Management Act
      • No. 36594 (Amendment): Rule R277-110. Legislative Supplemental Salary Adjustment
      • No. 36595 (Amendment): Section R277-115-1. Definitions
      • No. 36598 (Amendment): Rule R277-116. Utah State Board of Education Internal Audit Procedure
      • No. 36599 (Amendment): Rule R277-400. School Emergency Response Plans
      • No. 36600 (Amendment): Rule R277-410. Accreditation of Schools
      • No. 36601 (Repeal): Rule R277-411. Elementary School Accreditation
      • No. 36602 (Repeal): Rule R277-412. Junior High and Middle School Accreditation
      • No. 36603 (Repeal): Rule R277-413. Accreditation of Secondary Schools
  • Environmental Quality
    • Administration
      • No. 36554 (Repeal): Rule R305-6. Administrative Procedures
      • No. 36553 (New Rule): Rule R305-7. Administrative Procedures
    • Air Quality
      • No. 36607 (Amendment): Rule R307-207. Residential Fireplaces and Solid Fuel Burning Devices
      • No. 36611 (Amendment): Rule R307-302. Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves
      • No. 36605 (New Rule): Rule R307-330. Generator Testing
      • No. 36604 (New Rule): Rule R307-356. Appliance Pilot Light
    • Drinking Water
      • No. 36562 (Amendment): Section R309-515-6. Ground Water - Wells
      • No. 36561 (Amendment): Section R309-600-13. New Ground-water Sources of Drinking Water
  • Governor
    • Energy Development (Office of)
      • No. 36548 (New Rule): Rule R362-1. Qualification for the Alternative Energy Development Tax Credit
  • Health
    • Disease Control and Prevention, Environmental Services
      • No. 36620 (Amendment): Rule R392-510. Utah Indoor Clean Air Act
      • No. 36580 (Amendment): Rule R392-700. Indoor Tanning Bed Sanitation
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 36511 (Amendment): Section R414-1-30. Governing Hierarchy
      • No. 36566 (Amendment): Section R414-308-3. Application and Signature
      • No. 36565 (Amendment): Rule R414-310. Medicaid Primary Care Network Demonstration Waiver
      • No. 36564 (Amendment): Rule R414-320. Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver
      • No. 36563 (Amendment): Section R414-320-10. Income Provisions
      • No. 36567 (Repeal and Reenact): Rule R414-502. Nursing Facility Levels of Care
  • Insurance
    • Administration
      • No. 36577 (Amendment): Rule R590-122. Permissible Arbitration Provisions
      • No. 36578 (Amendment): Rule R590-151. Records Access Rule
      • No. 36596 (Amendment): Rule R590-154. Unfair Marketing Practices Rule
      • No. 36579 (Amendment): Rule R590-176. Health Benefit Plan Enrollment
      • No. 36615 (Amendment): Rule R590-199. Plan of Orderly Withdrawal Rule Relating to Health Benefit Plans
  • Natural Resources
    • Water Rights
      • No. 36505 (Amendment): Section R655-10-7A. Review of Design
      • No. 36507 (Amendment): Section R655-11-5A. Geological and Seismic Study
      • No. 36508 (Amendment): Section R655-11-5C. Method of Analysis
  • Pardons (Board Of)
    • Administration
      • No. 36558 (Amendment): Rule R671-202. Notification of Hearings
      • No. 36560 (Amendment): Rule R671-203. Victim Input and Notification
      • No. 36568 (Amendment): Rule R671-301. Personal Appearance
      • No. 36569 (Amendment): Rule R671-302. News Media and Public Access to Hearings
      • No. 36570 (Amendment): Rule R671-304. Hearing Record
      • No. 36571 (Amendment): Rule R671-305. Notification of Board Decision
      • No. 36572 (Amendment): Rule R671-309. Impartial Hearings
      • No. 36573 (Amendment): Rule R671-311. Special Attention Hearings and Reviews
      • No. 36555 (New Rule): Rule R671-313. Commutation Hearings (Non-Death Penalty Cases)
      • No. 36574 (Amendment): Rule R671-315. Pardons
      • No. 36575 (Amendment): Rule R671-316. Redetermination
      • No. 36556 (Amendment): Rule R671-402. Special Conditions of Parole
  • Public Safety
    • Driver License
      • No. 36503 (Amendment): Section R708-41-4. Obtaining a Utah Learner Permit, Provisional License Certificate, Regular License Certificate, Limited-Term License Certificate, Driving Privilege Card, CDL Certificate, Limited-Term CDL Certificate, Identification Card, or Limited-Term Identification Card
  • Tax Commission
    • Administration
      • No. 36546 (Amendment): Section R861-1A-12. Policies and Procedures Regarding Public Disclosure Pursuant to Utah Code Ann. Section 59-1-210
    • Motor Vehicle
      • No. 36547 (Amendment): Section R873-22M-42. Issuance of Nonrepairable Certificate in Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005.5
  • Transportation
    • Preconstruction, Right-of-Way Acquisition
      • No. 36608 (Amendment): Rule R933-2. Control of Outdoor Advertising Signs
      • No. 36606 (Amendment): Section R933-3-4. When Access is Controlled
  • Workforce Services
    • Employment Development
      • No. 36621 (Amendment): Section R986-900-902. Options and Waivers
    • Unemployment Insurance
      • No. 36613 (Amendment): Section R994-201-101. General Definitions and Acronyms
      • No. 36619 (Amendment): Rule R994-403. Claim for Benefits

3. Notices of Changes in Proposed Rules

  • Environmental Quality
    • Air Quality
      • No. 36176 (Change in Proposed Rule): Rule R307-801. Utah Asbestos Rule
  • Public Service Commission
    • Administration
      • No. 36214 (Change in Proposed Rule): Rule R746-313. Electric Service Reliability

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

  • Auditor
    • Administration
      • No. 36506 (5-year Review): Rule R123-3. State Auditor Adjudicative Proceedings
      • No. 36509 (5-year Review): Rule R123-4. Public Petitions for Declaratory Orders
      • No. 36510 (5-year Review): Rule R123-5. Audit Requirements for Audits of Political Subdivisions and Nonprofit Organizations
  • Commerce
    • Securities
      • No. 36537 (5-year Review): Rule R164-9. Registration by Coordination
      • No. 36538 (5-year Review): Rule R164-10. Registration by Qualification
      • No. 36539 (5-year Review): Rule R164-11. Registration Statement
      • No. 36540 (5-year Review): Rule R164-12. Sales Commission
      • No. 36541 (5-year Review): Rule R164-14. Exemptions
      • No. 36542 (5-year Review): Rule R164-15. Federal Covered Securities
      • No. 36543 (5-year Review): Rule R164-26. Consent to Service of Process
  • Education
    • Administration
      • No. 36581 (5-year Review): Rule R277-101. Utah State Board of Education Procedures
      • No. 36582 (5-year Review): Rule R277-103. USOE Government Records and Management Act
      • No. 36583 (5-year Review): Rule R277-110. Legislative Supplemental Salary Adjustment
      • No. 36584 (5-year Review): Rule R277-112. Prohibiting Discrimination in the Public Schools
      • No. 36585 (5-year Review): Rule R277-115. Material Developed with State Public Education Funds
      • No. 36586 (5-year Review): Rule R277-116. Utah State Board of Education Internal Audit Procedure
      • No. 36587 (5-year Review): Rule R277-400. School Emergency Response Plans
      • No. 36588 (5-year Review): Rule R277-410. Accreditation of Schools
      • No. 36589 (5-year Review): Rule R277-411. Elementary School Accreditation
      • No. 36590 (5-year Review): Rule R277-412. Junior High and Middle School Accreditation
  • Environmental Quality
    • Water Quality
      • No. 36544 (5-year Review): Rule R317-6. Ground Water Quality Protection
  • Financial Institutions
    • Administration
      • No. 36527 (5-year Review): Rule R331-5. Rule Governing Sale of Securities by Persons Issuing Securities, Who Are Under the Jurisdiction of the Department of Financial Institutions
      • No. 36532 (5-year Review): Rule R331-7. Rule Governing Leasing Transactions by Depository Institutions Subject to the Jurisdiction of the Department of Financial Institutions
      • No. 36528 (5-year Review): Rule R331-9. Rule Prescribing Rules of Procedure for Hearings Before the Commissioner of Financial Institutions of the State of Utah
      • No. 36529 (5-year Review): Rule R331-10. Schedule for Retention or Destruction of Records of Financial Institutions Under the Jurisdiction of the Department of Financial Institutions
      • No. 36530 (5-year Review): Rule R331-12. Guidelines Governing the Purchase and Sale of Loans and Participations in Loans by all State Chartered Financial Institutions
      • No. 36531 (5-year Review): Rule R331-14. Rule Governing Parties Who Engage in the Business of Issuing and Selling Money Orders, Traveler's Checks, and Other Instruments for the Purpose of Effecting Third-Party Payments
      • No. 36533 (5-year Review): Rule R331-22. Rule Governing Reimbursement of Costs of Financial Institutions for Production of Records
  • Health
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 36559 (5-year Review): Rule R414-60B. Preferred Drug List
  • Pardons (Board Of)
    • Administration
      • No. 36549 (5-year Review): Rule R671-403. Restitution
  • Transportation
    • Operations, Maintenance
      • No. 36609 (5-year Review): Rule R918-3. Snow Removal
    • Operations, Traffic and Safety
      • No. 36616 (5-year Review): Rule R920-1. Manual of Uniform Traffic Control Devices
      • No. 36612 (5-year Review): Rule R920-4. Permit Required for Special Road Use or Event
      • No. 36617 (5-year Review): Rule R920-6. Snow Tire and Chain Requirements
      • No. 36618 (5-year Review): Rule R920-51. Safety Regulations for Railroads
  • Treasurer
    • Unclaimed Property
      • No. 36504 (5-year Review): Rule R966-1. Requirements for Claims where no Proof of Stock Ownership Exists

5. Notices of Five-Year Extensions

  • Transportation
    • Operations, Traffic and Safety
      • No. 36610 (Five-Year Extension): Rule R920-3. Manual of Uniform Traffic Control Devices, Part VI
      • No. 36614 (Five-Year Extension): Rule R920-5. Manual and Specifications on School Crossing Zones. Supplemental to Part VII of the Manual on Uniform Traffic Control Devices

6. Notices of Rule Effective Dates

Additional Information

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