DAR File No. 40442
This rule was published in the June 15, 2016, issue (Vol. 2016, No. 12) of the Utah State Bulletin.
Health, Disease Control and Prevention, Environmental Services
Temporary Mass Gatherings Sanitation
Notice of Proposed Rule
DAR File No.: 40442
Filed: 05/23/2016 01:31:00 PM
Purpose of the rule or reason for the change:
The changes to Rule R392-400 update the sanitation requirements for temporary mass gatherings.
Summary of the rule or change:
Citations to authorizing statutes now include Sections 26-1-5 and 26-1-30. The definition of a temporary mass gathering is changed to be 1,000 people for 2 hours or more per day. The definitions for "operator" and "wastewater" are clarified. Changes are made to accommodate the change from 500 to 1,000 people. Temporary mass gathering limits are changed from 30 days to 16 consecutive days. Requirements for medical personnel are clarified and simplified. Information to be included in applications is updated. Requirements for how permitting by the local health departments is accomplished and a subsection pertaining to appeals are removed as such requirements fall outside the purview of Title 26 and are covered in Title 26a. Parking areas are now included as part of an event site, which would be required to be kept clean and in good repair. Changes are made to solid waste, site maintenance, drinking water, and waste water requirements.
State statutory or constitutional authorization for this rule:
- Section 26-1-5
- Section 26-15-2
- Section 26-1-30
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings at the state level. Any costs or savings will come out of existing budgets.
There may be a loss of permit fees to local health departments or other municipal entities using this rule due to fewer permits needing to be issued. Any costs or savings will come out of existing budgets. There are no anticipated costs or savings for existing events currently in compliance with this rule.
There are no anticipated costs for existing events currently in compliance with this rule. There may be savings to businesses due to fewer permits being required, including permits for events across multiple health department jurisdictions. Permit costs may vary depending on the duration, type, and location of events but are likely no more than $500 each. The number of permits to not be issued cannot be calculated due to a lack of data. Due to this, a savings estimate cannot be calculated.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated costs for existing events currently in compliance with this rule. There may be savings due to fewer permits being required, including permits for events across multiple health department jurisdictions. Permit costs may vary depending on the duration, type, and location of events but are likely no more than $500 each. The number of permits to not be issued cannot be calculated due to a lack of data. Due to this, a savings estimate cannot be calculated.
Compliance costs for affected persons:
These changes may affect fun runs specifically. The change in definition of a temporary mass gathering may require fewer permits needing to be issued, resulting in a possible savings for those persons. There are no anticipated additional costs associated with these changes.
Comments by the department head on the fiscal impact the rule may have on businesses:
Businesses will be fiscally impacted in that fewer permits will be required for such events.
Joseph Miner, MD, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231
Direct questions regarding this rule to:
- Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Joseph Miner, Executive Director
R392. Health, Disease Control and Prevention, Environmental Services.
R392-400. Temporary Mass Gatherings Sanitation.
This rule is authorized under Utah Code Section 26-15-2 .
It is the purpose of this rule:
(1) to protect, preserve and promote the[
of the public;
(2) to prevent and control the incidence of communicable diseases;
(3) to reduce hazards to health and environment;
(4) to maintain adequate sanitation and public health;
(5) to protect the safety of the public; and]
6]) to promote the general welfare
(1) "Department" means the Utah Department of Health (UDOH).
(2) "Director" means the executive director of the Utah Department of Health or the executive director's designee.
(3) "Drinking Water Station" means a location where a person may obtain safe drinking water free of charge.
4]) "First Aid Station" means a temporary or
permanent enclosed space or structure where a person can receive
first aid and emergency medical care.
5]) "Health Officer" means the director of the
local health department having jurisdiction or the health
6]) "Operator" means a person
[ ,] group, corporation, partnership, governing
body, association, or other public or private organization legally
the overall operation of
a temporary mass gathering.
7]) "Owner" means any person who alone, jointly, or
severally with others:
(a) has legal title to any premises, with or without accompanying actual possession thereof or;
(b) has charge, care, or control of any premises, as legal or equitable owner, agent of the owner, or lessee.
8]) "Permit" means a written form of authorization
written in accordance with this rule.
9]) "Person" means any individual, public or
private corporation and its officers, partnership, association,
firm, trustee, executor of an estate, the State or its departments,
institution, bureau, agency, county, city, political subdivision,
or any legal entity recognized by law.
10]) "Safe Drinking Water" means potable water
meeting State safe drinking water rules or bottled water as
regulated by the Utah Department of Agriculture and Food.
(11) "Safe Drinking Water System" means a system
for delivering safe drinking water that is approved by the local
(12) "Solid Waste" means garbage, refuse, trash, rubbish, hazardous waste, dead animals, sludge, liquid or semi liquid waste, other spent, useless, worthless, or discarded materials or materials stored or accumulated for the purpose of discarding, materials that have served their original intended purpose.
(13) "Staff' means any person who:
(a) works for or provides services for or on behalf of the operator or a vendor, or
(b) is a vendor at a gathering.
(14) "Temporary Mass Gathering"
or "Gathering" means an actual or reasonably anticipated
assembly of [
500] or more people, which continues or can reasonably be
expected to continue for two or more hours per day, at a site
for a purpose different from the designed use and
usual type of occupancy. A temporary mass gathering does not
include an assembly of people at a location with permanent
facilities designed for that specific assembly, unless the designed
occupancy levels are exceeded.
(15) "Vendor" means any person who sells or offers food for public consumption.
(16) "Wastewater" means used
water or water carried wastes[
produced by man, animal, or fowl].
R392-400-4. Permit To Operate Required.
(1) A person may not operate a temporary mass gathering without a valid written permit issued by the health officer.
(2) The health officer may exempt a parade from the permit requirement if the operator submits an application as required in Section R392-400-6 and the health officer determines that the availability of existing public sanitary facilities, drinking water and trash containers is sufficient to protect public health.
(3) A temporary mass gathering may not
30] days unless otherwise approved by the health
R392-400-5. Gathering Operator Required On Site.
(1) The operator shall establish a headquarters at the gathering site.
(2) The operator or the operator's designee shall be present at the gathering at all times during operating hours.
R392-400-6. Permit Application Required.
(1) The health officer shall prescribe the application process, and shall require the applicant to submit an application at least 15 days prior to the first advertisement of the gathering and at least 30 days prior to the first day of the gathering. The health officer may grant an exception to this requirement on a case by case basis because of the nature of the event, scarcity of problems associated with the event in the past or other public health related criteria.
(2) An application for a permit shall be [
in writing] to the health officer and include the following
(a) name, address, telephone number, and fax number (if applicable) of the operator;
(b) number of people expected to attend the gathering;
(c) a description of the type of gathering to be held with the date(s) and times the gathering will be held;
(d) estimated length of stay of attendees;
(e) name, address, telephone number, and fax number (if applicable) of property owner;
(f) location of the gathering and a site plan delineating the area where the gathering is to be held including the following:
(i) the parking area available for patrons;
(ii) location of entrance, exit, and interior roadways and walks;
(iii) location, type, and provider of restroom facilities;
(iv) location and description of water stations;
(v) location and number of food stands, and the types of food to be served if known;
(vi) location, number, type, and provider of solid waste containers;
(vii) location of operator's headquarters at the gathering;
(viii) a plan to provide lighting adequate
to ensure the[
comfort and] safety of attendees and staff;
(ix) location of all parking areas designated for the gathering and under the operator's control.
(g) the name of the solid and liquid waste haulers with whom the operator has contracted, unless exempted by this rule;
(h) a site clean up plan after the gathering;
(i) total number, and qualifications of first aid station personnel;
(j) plan for directional and exit signs;
(k) a plan developed by the operator to address nuisances or health hazards associated with animals present at the gathering;
(l) plans to address hazardous conditions
as required in Section R392-400-[
m]) emergency medical services operational plan [ approved by the local licensed emergency medical services
agency director, including the location of all first aid stations
and emergency medical resources];
n]) any other information specifically requested by the
health officer as necessary to protect public health.
(3) The health officer shall require a separate application
for each temporary mass gathering. (4) The health officer shall consider the proximity and
risk of known health hazards when determining the acceptability
of a proposed gathering site.
(1) The health officer may attach conditions or grant
waivers to a permit, in accordance with this rule, in order to
meet specific public health and safety concerns. (2) The health officer may deny a permit for any of the
following reasons: (a) failure of the applicant to show that the gathering
will be held or operated in accordance with the requirements and
standards of this rule; (b) submission of incorrect, incomplete, or false
information in the application ; (c) the gathering will be in violation of law. (3) The health officer shall return a denied permit
application to the applicant within 5 working days of submission,
specifying the basis for denial in writing. (4) The applicant may appeal a denied permit in accordance
with the procedures established by the local Board of
(1) The [
director and ]health officer may conduct
inspections before, during, and after a gathering to ensure
compliance with R392-400 and approved plans.
(2) The operator shall provide the [
director and ]health officer with access to all
areas of the gathering that the[ director and] health officer deem necessary and
the number of access credentials they request.
(3) The operator shall effectively
communicate the [
director's and ]health officer's access
privileges to staff.
. Notice Of Violation Or Closing.
(1) The health officer may issue a notice of violation to the owner, operator or the operator's designee if the gathering fails to meet the requirements of this rule or the conditions of the permit.
(2) The health officer shall, in accordance with R392-100 Food Service Sanitation, direct the disposition of any food items, including ice and water, that have been adulterated or are otherwise unfit for human consumption.
(3) The health officer may issue a notice of closure of the gathering or part thereof to the owner, operator or the operator's designee if the health officer determines that conditions at the gathering constitute a serious or imminent health hazard.
(4) No gathering site or part thereof that
has been closed may be used for a gathering until the [
department or ]health officer determines that the
conditions causing the closure have been abated and written
approval is received from the [ department or ]health officer. The [ director or ]health officer shall remove the
posted notice whenever the violation(s) upon which closing, and
posting were based has been remedied.
(5) No unauthorized person may deface or
remove a posted notice from any gathering site that has been closed
by the [
director or local ]health officer.
(6) The operator may appeal a notice or closure in accordance with the procedures established by the local Board of Health or the Utah Administrative Procedures Act, whichever is applicable.
. Solid Waste Management.
(1) The operator shall contract with a
solid waste hauler approved by
The operator is exempt from this requirement if the
operator is approved by the health officer as a solid waste hauler
and is identified as the solid waste hauler for the gathering. The
health officer shall establish written criteria for approving a
solid waste hauler.]
(2) The operator shall provide and strategically locate a sufficient number of covered waste containers approved by the health officer to effectively accommodate the solid waste generated at the gathering.
(3) The operator shall ensure that the waste containers are emptied as often as necessary to prevent overflowing, littering, or insect or rodent infestation.
(4) The operator shall ensure that solid
and litter are] cleaned from the property periodically during the
gathering and that, within 24 hours following the gathering, the
property is free of solid waste and is clean. [ On a case by case basis, t]he health officer may allow for more than 24 hours to clean
up the site because of the time of year, nature of the event or
other extenuating circumstances if the health officer is satisfied
that the extension will not adversely affect[ the] public health
(5) The operator shall ensure that [
litter] is prevented from being blown from the gathering
site onto adjacent properties.
(6) The operator shall ensure that all solid waste is collected and disposed of at a solid waste disposal or recycling facility meeting State and local solid waste disposal facility requirements.
(7) The operator, staff, participants, and spectators shall comply with all applicable State and local requirements for solid waste management.
. Site Maintenance.
(1) All buildings[
provided for the gathering shall be
maintained [ in a ]safe, clean[ condition], in good repair, and [ in compliance with] all applicable laws.
(2) A gathering that provides overnight parking for
occupied recreational vehicles in connection with the gathering,
shall comply with R392-301 Recreational Vehicle Park Sanitation and
local recreational vehicle parks regulations.]
(3) The operator shall eliminate any infestation of vermin within any part of a structure intended for occupancy, food storage, or restroom facilities prior to, during, and immediately following a gathering.
(4) The operator is responsible for the
maintenance and [
sanitary condition] of the gathering site and facilities. The
operator shall [ prevent the ] [ occurrence of ]any nuisance [ and immediately take steps to cause the abatement of any
nuisance ]or insanitary condition [ that] may develop.
(5) A gathering site shall be constructed to provide surface drainage adequate to prevent flooding of the gathering site and to prevent water related nuisances on adjacent properties.
(6) Sufficient signs shall identify and show the location of first aid, restroom and drinking water facilities so spectators and participants can readily find them from any place on the gathering site.
(7) The operator shall provide lighting
adequate to ensure the [
comfort and ]safety of attendees.
(8) All parking areas used for the gathering and under the control of the gathering operator must meet the requirements of this rule.
. Emergency Medical Care Requirements.
(1) The operator shall ensure that the
gathering has at least one first aid station.
The health officer
local licensed emergency medical services agency
director(s)] may require more than one first
aid station[ as they deem necessary because of the nature of the event,
time of year, risk of injuries or other public health and safety
(2) First aid stations shall contain the following minimum
equipment and maintain the minimum levels over the duration of the
gathering: (a) 1 Bag mask ventilation unit with adult, child, and
infant mask sizes (b) 3 Oropharyngeal airways, adult, child, and infant
sizes (c) 1 Pocket mask (d) 1 portable oxygen apparatus (tank, regulator,
case) (e) 1 Oxygen extension tubing (f) 2 adult and 1 child nasal cannula (g) 2 adult and 1 child non-rebreather mask (h) 1 adult and 1 child blood pressure cuff (i) 1 stethoscope (j) 2 pillows (k) 2 emesis basins (l) 4 blankets (m) 4 sheets (n) 12 towels (o) six 5x9 or 8x10 trauma dressings (p) thirty 4x4 gauze dressings (q) 12 kerlix or other roller bandage (r) 3 roles of adhesive tape (s) 3 cervical collars, 1 regular, 1 no-neck, one
pediatric (t) 1 back board with straps (u) 6 non-traction extremity splints (e.g.,cardboard,
ladder, SAM splints, air splints) (v) 10 triangular bandages (w) 2 pair of shears (x) 1 obstetrical kit (y) 2 pen lights (z) 100 assorted bandaids (aa) 1 traction splint (bb) 2 tubes of oral glucose (cc) 1 box of exam gloves (dd) 4 biohazard bags (ee) 1 portable suction device (ff) 1 basic life support jump kit for every 2 gathering
medical providers (gg) 1 automatic external defibrillator (hh) 1 examination table, cot or bed.]
3]) First aid stations shall afford privacy to a person
receiving care or treatment.
4]) First aid stations shall be of sufficient size to
accommodate the number of care givers required, and the predicted
number of sick or injured persons.
5]) First aid stations shall be strategically located to
provide expedient medical care for those attending or participating
in the gathering.
6]) First aid stations shall be easily accessible by
emergency vehicles. The operator shall provide the [ local licensed emergency medical services
director(s)] a map of the gathering site which
includes location of first aid stations, emergency vehicle ingress
and egress routes, landing zones (if applicable) and rendezvous
7]) A first aid station shall be clearly marked and
identifiable as a first aid station.
8]) [ At least two state-licensed or certified medical providers,
such as an emergency medical technician, paramedic, nurse,
physician's assistant or medical doctor shall be present to
staff each first aid station. A gathering having more than 2,500
attendees shall have at least two additional emergency medical
providers for each additional 5,000 attendees or fraction
thereof.]The health officer or [ local licensed emergency medical services agency
director(s)] may require additional emergency
medical services personnel as deemed necessary[ because of the nature of the event, time of year, risk of
injuries or other public health and safety needs].
(9) First aid stations shall be staffed by individuals
meeting the following minimum requirements: (a) is at least 18 years of age; (b) has a current state license or certification showing
competency to be an emergency medical technician, paramedic, nurse,
physician's assistant or physician.]
10]) The operator shall ensure that [ the] medical staff have access to telephones or radios to
contact outside emergency medical
.[ The operator shall provide the local licensed emergency
medical services director(s) the telephone numbers and radio
frequencies for accessing the gathering medical
11]) The local health officer or [ local licensed emergency medical services agency
director] may require the operator to
provide dedicated stand-by ambulances and personnel at the
gathering.[ The operator will be financially responsible for the costs
of funding dedicated stand-by ambulances and personnel, but not for
the costs of providing transportation services to individual
12]) The operator shall ensure that the staff person in
charge of the first aid station keeps accurate records of patients
and treatment, and that the health officer is notified of all cases
involving a serious injury or communicable disease in accordance
with R386-702 Communicable Disease Rule and R386-703 Injury
(13) The operator shall ensure that the staff person in
charge of the first aid station completes a Department approved
pre-hospital care form showing all assistance given each person
attended and that these forms are submitted to the Department
within 72 hours following the gathering.]
. Hazardous Conditions.
The operator shall develop contingency plans for dangerous conditions during the gathering. The plans may include evacuation, cancellation or delay of the gathering and provision for support facilities.
. Food Protection.
(1) The operator and vendors shall comply with R392-100 Food Service Sanitation.
(2) The operator shall assure that food vendors obtain required food service operating permits from the health officer.
. Safe Drinking Water Supply Requirements.
(1) The operator shall ensure that all
drinking water is from a state-approved [
safe ]drinking water [ supply] or
[ approved by] the Utah Department of Agriculture and
Safe d]rinking water hauled to the gathering shall be hauled and
dispensed in a manner that protects public health as determined by
the health officer.
(3) The operator shall provide and strategically locate drinking water stations to effectively meet the drinking water needs of attendees and staff.
At least four drinking water stations are required. An
additional drinking water station is required for each additional [
150] attendees [ or fraction thereof, ]above [ 500] persons. The health officer may reduce the number of
additional drinking water stations or require more than one
drinking water station for each additional [ 150] attendees [ or fraction thereof ]above [ 500] persons because of the time of year, heat index, nature
of the event or other public health related criteria. If containers
are needed to drink the water at the required drinking water
stations, the operator must provide single use containers.
. Wastewater Disposal Requirements.
(1) All wastewater shall [
discharge to a public wastewater treatment system unless no
such system is available or practical for use as determined by the
(2) Where a public sewer is not available or practical for
connection, wastewater shall discharge into a wastewater treatment
system approved in accordance with State and local wastewater
(3) The [
health officer] may [ allow] portable restroom facilities and wastewater holding
tanks [ only where an approved sewer system is not available or
practical for connection].
(4) The number of toilets [
and facilities ]shall be provided in accordance
with [ the following ]Table
Minimum Numbers of Toilets Required
Average Time at Gathering (hours)
1 2 3 4 5
500 2 4 4 5 6] 1000 4 6 8 8 9
2000 5 6 9 12 14
3000 6 9 12 16 20
4000 8 13 16 22 25
5000 12 15 20 25 31
6000 12 15 23 30 38
7000 12 18 26 35 44
8000 12 20 30 40 50
10000 15 25 38 50 63
12500 18 31 47 63 78
15000 20 38 56 75 94
17500 22 44 66 88 109
20000 25 50 75 100 125
25000 38 69 99 130 160
30000 46 82 119 156 192
35000 53 96 139 181 224
40000 61 109 158 207 256
45000 68 123 178 233 288
50000 76 137 198 259 320
55000 83 150 217 285 352
60000 91 164 237 311 384
65000 98 177 257 336 416
10,000 15 25 38 50 63
(table continued for 6-10 hours)
6 7 8 9 10
500 7 9 9 10 12] 1000 9 11 12 13 13
2000 16 18 20 23 25
3000 24 26 30 34 38
4000 30 35 40 45 50
5000 38 44 50 56 63
6000 45 53 60 68 75
7000 53 61 70 79 88
8000 60 70 80 90 100
10000 75 88 100 113 125
12500 94 109 125 141 156
15000 113 131 150 169 188
17500 131 153 175 197 219
20000 150 175 200 225 250
25000 191 221 252 282 313
30000 229 266 302 339 376
35000 267 310 352 395 438
40000 305 354 403 452 501
45000 343 398 453 508 563
50000 381 442 503 564 626
55000 419 486 554 621 688
60000 457 531 604 677 751
65000 495 575 654 734 813
10,000 75 88 100 113 125
(a) If alcoholic beverages are consumed at the gathering, the operator shall increase the number of required toilets by 40%.
(b) For one year following the effective date of this rule
the health officer may allow portable multi-urinal stations to
substitute for up to 1/3 of the estimated men's portion of the
c]) [ The operator shall provide a minimum of one toilet that is
accessible by handicapped persons and at a rate of 5% of total
d]) [ Toilet facilities for men and women located in the same
building and adjacent to each other shall be separated by an
opaque, sound resistant wall. Direct line of sight from outside a
toilet facility to the toilets and urinals shall be effectively
e]) The operator shall locate portable toilets a minimum of
100 feet from any food service operation and not more than 300 feet
from grand stand or spectator or from other areas of activity which
pertain to the gathering, as outlined in the permit application.
Where site conditions limit the placement of portable toilets, the
health officer may allow exemptions to these distances.
f]) The operator shall provide working hand wash stations at
a minimum rate of one per [ 10] portable toilets or portion thereof. The operator shall
provide soap, water and single use towels at each hand wash
station. Where conditions make the use of soap and water
impractical, the health officer may allow sanitizing gel in place
of soap and water. Sanitizing gel may not be used in place of soap
and water at hand wash stations used by food service workers.
g]) The operator shall provide a minimum of one covered trash
container for every [ 10] portable toilets or portion thereof.
h]) The operator [ or coordinator ]shall ensure that all portable
toilets are of sound construction (such as non-absorbent
polyethylene), easily cleanable, and durable.
(i) The tank capacity of each portable toilet shall not be
less than 60 gallons. Chemicals used for sanitizing agents in
portable toilets must be acceptable for use by the treatment
facility accepting the sewage.]
j]) Each portable toilet must be secured against vandalism
and adverse weather conditions by tie downs, anchors or similar
k]) The operator shall contract with a liquid waste hauler
that [ meets] local health department [ requirements].[ The operator is exempt from this requirement if the
operator is approved by the health officer as a liquid waste hauler
and is identified as the liquid waste hauler for the
gathering. (i) the operator shall require in the contract with the
liquid waste hauler that the hauler shall meet the requirements
of this Subsection. (ii) the liquid waste hauler shall have a written
contract with a wastewater treatment facility indicating that the
wastewater treatment facility will accept the
wastewater. (iii) the liquid waste hauler must manifest all disposal of
liquid waste materials. The liquid waste hauler shall present the
manifest to the health officer for the health officer's review
(l) The operator shall ensure that all wastewater is removed from each portable toilet at least once every 24 hours . On a case by case basis, the health officer may change this frequency because of the time of year, weather conditions, nature of the event or other public health related criteria. All wastewater removed shall be disposed of at a wastewater treatment facility in accordance with State and local wastewater disposal laws.
E]ach portable toilet [ must be] serviced and sanitized [ at time intervals] [ that will ]maintain sanitary conditions[ of each toilet].
(n) At the conclusion of the gathering,
each portable restroom unit must be serviced [
and] removed within 48 hours. The health officer may extend
or shorten this time because of the time of year, weather
conditions, the nature of the event or to meet other public health
(1) Any person who violates any provision of this rule may be assessed a penalty as provided in Subsection 26-23-6.
(2) Each day such violation is committed or permitted to continue shall constitute a separate violation.
(3) In addition to other penalties imposed, any person who violates any requirement of this rule shall be liable for all expenses incurred by the department and local health department in removing or abating any nuisance, source of filth, cause of sickness or infection, health hazard, or sanitation violation.
If a provision, clause, sentence, or paragraph of this rule or the application thereof to any person or circumstances shall be ruled invalid, such ruling shall not affect the other provisions or applications of this rule, and to this end the provisions of this rule are severable.
KEY: public health, temporary mass gatherings, special events
Date of Enactment or Last Substantive Amendment: [
March 15, 2010]
Notice of Continuation: January 20, 2012
Authorizing, and Implemented or Interpreted Law: 26-15-2
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.