Utah State Bulletin, Volume 2012, Number 20 (October 15, 2012)

Notices of Utah State Government
Filed September 15, 2012, 12:00 AM through October 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/b20121015.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
    • Consumer Protection
      • No. 36903 (Amendment): Section R152-22-6. Application for Professional Fund Raiser, Fund Raising Counsel or Consultant Permit
      • No. 36904 (Amendment): Rule R152-23. Utah Health Spa Services
      • No. 36905 (Amendment): Rule R152-34. Postsecondary Proprietary School Act Rules
    • Occupational and Professional Licensing
      • No. 36858 (Amendment): Section R156-1-506. Supervision of Cosmetic Medical Procedures
      • No. 36901 (Amendment): Rule R156-17b. Pharmacy Practice Act Rule
      • No. 36873 (Amendment): Section R156-37-402. Continuing Professional Education for Controlled Substance Prescribers
      • No. 36892 (Amendment): Rule R156-40. Recreational Therapy Practice Act Rule
  • Governor
    • Economic Development
      • No. 36860 (New Rule): Rule R357-7. Utah Capital Investment Board
      • No. 36855 (New Rule): Rule R357-9. Alternative Energy Development Tax Incentives
  • Health
    • Administration
      • No. 36843 (New Rule): Rule R380-42. Open and Public Meetings Act Electronic Meetings
    • Disease Control and Prevention, Epidemiology
      • No. 36853 (Amendment): Rule R386-705. Epidemiology, Health Care Associated Infection
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 36871 (Amendment): Section R414-1-5. Incorporations by Reference
      • No. 36872 (Amendment): Rule R414-301. Medicaid General Provisions
    • Family Health and Preparedness, Licensing
      • No. 36879 (Repeal and Reenact): Rule R432-35. Background Screening
  • Housing Corporation (Utah)
    • Administration
      • No. 36782 (Amendment): Rule R460-2. Definitions of Terms Used Throughout R460
      • No. 36781 (Amendment): Rule R460-4. Additional Servicing Rules
      • No. 36783 (Amendment): Rule R460-5. Termination of Eligibility to Participate in Programs
      • No. 36784 (Amendment): Rule R460-8. Americans with Disabilities Act Complaint Procedures
  • Insurance
    • Administration
      • No. 36846 (Amendment): Rule R590-171. Surplus Lines Procedures Rule
  • Natural Resources
    • Parks and Recreation
      • No. 36856 (Repeal): Rule R651-408. Off-Highway Vehicle Education Curriculum Standards
    • Wildlife Resources
      • No. 36785 (Amendment): Rule R657-9. Taking Waterfowl, Common Snipe and Coot
  • Public Safety
    • Fire Marshal
      • No. 36852 (Amendment): Rule R710-9. Rules Pursuant to the Utah Fire Prevention and Safety Act
  • Tax Commission
    • Property Tax
      • No. 36862 (Amendment): Section R884-24P-73. Urban Farming Assessment Pursuant to Utah Code Ann. Section 59-2-1703
  • Transportation
    • Motor Carrier
      • No. 36863 (Repeal and Reenact): Rule R909-2. Utah Trucking Guide
    • Motor Carrier, Ports of Entry
      • No. 36864 (Repeal): Rule R912-6. Ports-of-Entry By-Pass Permit Provisions
      • No. 36865 (Repeal): Rule R912-8. Minimum Tire, Axle and Suspension Ratings for Heavy Vehicles and the Use of Retractable or Variable Load Suspension Axles in Utah
      • No. 36866 (Repeal): Rule R912-10. Requirements for Pilot/Escort Qualified Training and Certification Programs
      • No. 36867 (Repeal): Rule R912-16. Special Mobile Equipment
  • Workforce Services
    • Employment Development
      • No. 36868 (Amendment): Rule R986-200. Family Employment Program

3. Notices of Changes in Proposed Rules

  • Insurance
    • Administration
      • No. 36215 (Change in Proposed Rule): Rule R590-162. Actuarial Opinion and Memorandum Rule

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

  • Administrative Services
    • Facilities Construction and Management
      • No. 36806 (5-year Review): Rule R23-12. Building Code Appeals Process
  • Commerce
    • Corporations and Commercial Code
      • No. 36857 (5-year Review): Rule R154-1. Central Filing System for Agriculture Product Liens
  • Financial Institutions
    • Administration
      • No. 36847 (5-year Review): Rule R331-17. Publication and Disclosure of Acquisition of Control, Merger, or Consolidation Applications to the Department of Financial Institutions
      • No. 36874 (5-year Review): Rule R331-23. Lending Limits for Banks, Industrial Loan Corporations
    • Banks
      • No. 36777 (5-year Review): Rule R333-5. Discount Securities Brokerage Service by Banks
      • No. 36778 (5-year Review): Rule R333-8. Authority for Banks to Issue Subordinated Capital Notes or Debentures
      • No. 36779 (5-year Review): Rule R333-9. Indemnification of Directors, Officers, and Employees
      • No. 36780 (5-year Review): Rule R333-10. Securities Activities of Subsidiaries and Affiliates of State-Chartered Banks
      • No. 36848 (5-year Review): Rule R333-12. Investment by State-Chartered Bank in Real Property Other Than Bank Premises
    • Consumer Credit
      • No. 36844 (5-year Review): Rule R335-1. Rule Prohibiting Negative Amortizing Wrap Loans
      • No. 36849 (5-year Review): Rule R335-2. Rule Prescribing Allowable Terms and Disclosure Requirements for Variable and Adjustable Interest Rates in Consumer Credit Contracts
      • No. 36845 (5-year Review): Rule R335-4. Notice Concerning Refund of Unearned Credit Insurance Premiums Upon Prepayment of a Consumer Debt
    • Credit Unions
      • No. 36875 (5-year Review): Rule R337-7. Discount Securities Brokerage Service by State-Chartered Credit Unions
      • No. 36876 (5-year Review): Rule R337-8. Accounts for Parties Other Than Individual Members in State-Chartered Credit Unions
      • No. 36877 (5-year Review): Rule R337-9. Schedule for Retention or Destruction of Records of Credit Unions Under the Jurisdiction of the Department of Financial Institutions
    • Industrial Loan Corporations
      • No. 36850 (5-year Review): Rule R339-4. Authority for Industrial Loan Corporations to Issue Subordinated Capital Notes or Debentures
      • No. 36851 (5-year Review): Rule R339-6. Rule Clarifying Industrial Loan Corporation Investments
      • No. 36878 (5-year Review): Rule R339-11. Discount Securities Brokerage Service by Industrial Loan Corporations
  • Health
    • Health Care Financing
      • No. 36870 (5-year Review): Rule R410-14. Administrative Hearing Procedures
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 36869 (5-year Review): Rule R414-70. Medical Supplies, Durable Medical Equipment, and Prosthetic Devices
  • Housing Corporation (Utah)
    • Administration
      • No. 36882 (5-year Review): Rule R460-1. Authority and Purpose
      • No. 36883 (5-year Review): Rule R460-2. Definitions of Terms Used Throughout R460
      • No. 36884 (5-year Review): Rule R460-3. Programs of UHC
      • No. 36885 (5-year Review): Rule R460-4. Additional Servicing Rules
      • No. 36886 (5-year Review): Rule R460-5. Termination of Eligibility to Participate in Programs
      • No. 36887 (5-year Review): Rule R460-6. Adjudicative Proceedings
      • No. 36888 (5-year Review): Rule R460-7. Public Petitions for Declaratory Orders
      • No. 36889 (5-year Review): Rule R460-8. Americans with Disabilities Act (ADA) Complaint Procedures
  • Insurance
    • Title and Escrow Commission
      • No. 36861 (5-year Review): Rule R592-5. Title Insurance Product or Service Approval for a Dual Licensed Title Licensee
  • Natural Resources
    • Oil, Gas and Mining Board
      • No. 36786 (5-year Review): Rule R641-100. General Provisions
      • No. 36787 (5-year Review): Rule R641-101. Parties
      • No. 36788 (5-year Review): Rule R641-102. Appearances and Representations
      • No. 36789 (5-year Review): Rule R641-103. Intervention
      • No. 36790 (5-year Review): Rule R641-104. Pleadings
      • No. 36791 (5-year Review): Rule R641-105. Filing and Service
      • No. 36792 (5-year Review): Rule R641-106. Notice and Service
      • No. 36793 (5-year Review): Rule R641-107. Prehearing Conference
      • No. 36794 (5-year Review): Rule R641-108. Conduct of Hearings
      • No. 36795 (5-year Review): Rule R641-109. Decisions and Orders
      • No. 36796 (5-year Review): Rule R641-110. Rehearing and Modification of Existing Orders
      • No. 36797 (5-year Review): Rule R641-111. Declaratory Rulings
      • No. 36798 (5-year Review): Rule R641-112. Rulemaking
      • No. 36799 (5-year Review): Rule R641-113. Hearing Examiners
      • No. 36800 (5-year Review): Rule R641-114. Exhaustion of Administrative Remedies
      • No. 36801 (5-year Review): Rule R641-115. Deadline for Judicial Review
      • No. 36802 (5-year Review): Rule R641-116. Judicial Review of Formal Adjudicative Proceedings
      • No. 36803 (5-year Review): Rule R641-117. Civil Enforcement
      • No. 36804 (5-year Review): Rule R641-118. Waivers
      • No. 36805 (5-year Review): Rule R641-119. Severability
    • Parks and Recreation
      • No. 36891 (5-year Review): Rule R651-227. Boating Safety Course Fees
      • No. 36890 (5-year Review): Rule R651-410. Off-Highway Vehicle Safety Equipment
    • Forestry, Fire and State Lands
      • No. 36854 (5-year Review): Rule R652-121. Wildland Fire Suppression Fund
    • Wildlife Resources
      • No. 36893 (5-year Review): Rule R657-13. Taking Fish and Crayfish
      • No. 36894 (5-year Review): Rule R657-16. Aquaculture and Fish Stocking
      • No. 36895 (5-year Review): Rule R657-52. Commercial Harvesting of Brine Shrimp and Brine Shrimp Eggs
  • Regents (Board Of)
    • College of Eastern Utah
      • No. 36902 (5-year Review): Rule R767-1. Government Records Access and Management Act
  • Technology Services
    • Administration
      • No. 36896 (5-year Review): Rule R895-12. Telecommunications Services and Requirements
  • Transportation
    • Operations, Aeronautics
      • No. 36899 (5-year Review): Rule R914-1. Rules and Regulations
      • No. 36900 (5-year Review): Rule R914-2. Safety Rules and Procedures for Aircraft Operations on Roads

5. Notices of Five-Year Extensions

  • Health
    • Family Health and Preparedness, Emergency Medical Services
      • No. 36880 (Five-Year Extension): Rule R426-2. Air Medical Service Rules
      • No. 36881 (Five-Year Extension): Rule R426-6. Emergency Medical Services Competitive Grants Program Rules
  • Regents (Board Of)
    • University of Utah, Commuter Services
      • No. 36897 (Five-Year Extension): Rule R810-1. University of Utah Parking Regulations
      • No. 36898 (Five-Year Extension): Rule R810-8. Vendor Regulations

6. Notices of Rule Effective Dates

Additional Information

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