Utah State Bulletin, Volume 2016, Number 10 (May 15, 2016)

Notices of Utah State Government
Filed April 16, 2016, 12:00 AM through May 2, 2016, 11:59 PM

Nancy L. Lancaster, Editor
Patricia Smith-Mansfield, Director
Kimberly K. Hood, Executive Director


The Utah State Bulletin (Bulletin) is an official noticing publication of the executive branch of Utah state government. The Division of Administrative Rules, part of the Department of Administrative Services, 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/2016/b20160515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and other versions will be 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, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. 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) of the same volume and issue number. The Digest is available by e-mail subscription or online. 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

  • Agriculture and Food
    • Horse Racing Commission (Utah)
      • No. 40366 (Amendment): Section R52-7-5. Occupation Licensing and Registration
    • Marketing and Development
      • No. 40367 (Repeal): Rule R65-2. Utah Cherry Marketing Order
      • No. 40369 (Amendment): Section R65-8-2. Establishment of a Forum
    • Plant Industry
      • No. 40365 (Repeal): Rule R68-12. Quarantine Pertaining to Mint Wilt
    • Regulatory Services
      • No. 40361 (Amendment): Rule R70-370. Butter
      • No. 40368 (Amendment): Rule R70-380. Grade A Condensed and Dry Milk Products and Condensed and Dry Whey
      • No. 40360 (Amendment): Rule R70-550. Utah Inland Shellfish Safety Program
  • Commerce
    • Occupational and Professional Licensing
      • No. 40351 (Amendment): Section R156-55a-301. License Classifications - Scope of Practice
  • Education
    • Administration
      • No. 40363 (Amendment): Rule R277-700. The Elementary and Secondary School General Core
  • Health
    • Children's Health Insurance Program
      • No. 40374 (Amendment): Section R382-10-6. Citizenship and Alienage
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 40375 (Amendment): Section R414-302-3. Citizenship and Alienage
      • No. 40377 (Amendment): Rule R414-303. Coverage Groups
      • No. 40380 (Amendment): Rule R414-304. Income and Budgeting
      • No. 40373 (Amendment): Section R414-305-3. Aged, Blind and Disabled Non-Institutional and Institutional Medicaid Resource Provisions
      • No. 40372 (Amendment): Section R414-401-3. Assessment
  • Human Resource Management
    • Administration
      • No. 40398 (Amendment): Rule R477-1. Definitions
      • No. 40389 (Amendment): Section R477-4-5. Transfer and Reassignment
      • No. 40390 (Amendment): Rule R477-6. Compensation
      • No. 40399 (Amendment): Rule R477-7. Leave
      • No. 40391 (Amendment): Rule R477-8. Working Conditions
      • No. 40392 (Amendment): Rule R477-9. Employee Conduct
      • No. 40393 (Amendment): Section R477-10-1. Performance Evaluation
      • No. 40394 (Amendment): Rule R477-11. Discipline
      • No. 40395 (Amendment): Rule R477-12. Separations
      • No. 40396 (Amendment): Section R477-15-1. Policy
  • Labor Commission
    • Adjudication
      • No. 40359 (Amendment): Section R602-2-4. Attorney Fees
    • Boiler and Elevator Safety
      • No. 40357 (Amendment): Section R616-2-3. Safety Codes and Rules for Boilers and Pressure Vessels
      • No. 40358 (Amendment): Section R616-3-3. Safety Codes for Elevators
  • Navajo Trust Fund
    • Trustees
      • No. 40347 (New Rule): Rule R661-9. Utah Navajo Trust Fund Public Facility Projects
      • No. 40348 (New Rule): Rule R661-10. Utah Navajo Trust Fund Short-Term Training Program
      • No. 40349 (New Rule): Rule R661-11. Utah Navajo Trust Fund Water Development Projects Culinary and Septic Systems
      • No. 40350 (New Rule): Rule R661-12. Utah Navajo Trust Fund Homesite Lease Assistance Program

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

  • Alcoholic Beverage Control
    • Administration
      • No. 40376 (5-year Review): Rule R81-1. Scope, Definitions, and General Provisions
      • No. 40378 (5-year Review): Rule R81-2. State Stores
      • No. 40379 (5-year Review): Rule R81-3. Package Agencies
      • No. 40381 (5-year Review): Rule R81-4A. Restaurant Liquor Licenses
      • No. 40382 (5-year Review): Rule R81-5. Club Licenses
      • No. 40383 (5-year Review): Rule R81-6. Special Use Permits
      • No. 40384 (5-year Review): Rule R81-7. Event Permits
      • No. 40385 (5-year Review): Rule R81-8. Manufacturer Licenses (Distillery, Winery, Brewery)
      • No. 40386 (5-year Review): Rule R81-9. Liquor Warehousing Licenses
      • No. 40387 (5-year Review): Rule R81-11. Beer Wholesaler Licenses
      • No. 40388 (5-year Review): Rule R81-12. Local Industry Representative Licenses (Distillery, Winery, Brewery)
  • Commerce
    • Consumer Protection
      • No. 40342 (5-year Review): Rule R152-11. Utah Consumer Sales Practices Act
      • No. 40341 (5-year Review): Rule R152-26. Telephone Fraud Prevention Act
    • Corporations and Commercial Code
      • No. 40371 (5-year Review): Rule R154-2. Utah Uniform Commercial Code, Revised Article 9 Rules
    • Occupational and Professional Licensing
      • No. 40354 (5-year Review): Rule R156-9. Funeral Service Licensing Act Rule
      • No. 40352 (5-year Review): Rule R156-40. Recreational Therapy Practice Act Rule
      • No. 40355 (5-year Review): Rule R156-57. Respiratory Care Practices Act Rule
      • No. 40353 (5-year Review): Rule R156-77. Direct-Entry Midwife Act Rule
  • Communications Authority Board (Utah)
    • Administration
      • No. 40397 (5-year Review): Rule R174-1. Utah 911 Advisory Committee
  • Health
    • Disease Control and Prevention, Environmental Services
      • No. 40356 (5-year Review): Rule R392-110. Home-based Child Care Food Service
  • Insurance
    • Administration
      • No. 40346 (5-year Review): Rule R590-208. Uniform Application for Certificates of Authority
      • No. 40345 (5-year Review): Rule R590-235. Medicare Prescription Drug Plan
  • Natural Resources
    • Wildlife Resources
      • No. 40370 (5-year Review): Rule R657-48. Wildlife Species of Concern and Habitat Designation Advisory Committee
  • Regents (Board Of)
    • Administration
      • No. 40343 (5-year Review): Rule R765-608. Utah Engineering and Computer Science Scholarship Program

5. Notices of Rule Effective Dates

Additional Information

Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested.

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