Utah State Bulletin, Volume 2016, Number 13 (July 1, 2016)

Notices of Utah State Government
Filed June 2, 2016, 12:00 AM through June 15, 2016, 11:59 PM

Nancy L. Lancaster, Managing Editor

The Utah State Bulletin (Bulletin) is an official noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Office 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/b20160701.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: Office 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.

1. Editor's Notes

Administrative Services
- Administrative Rules
  - Incorrect Text Published for Filing No. 40448, Rule R651-602, in the June 15, 2016, Bulletin

2. Special Notices

Health
- Health Care Financing, Coverage and Reimbursement Policy
  - Access Monitoring Review Plan

3. Executive Documents

Governor
- Administration
  - Calling the Sixty-First Legislature Into the Eleventh Extraordinary Session, Utah Proclamation No. 2016-11E

4. Notices of Proposed Rules

Commerce
- Securities
  - No. 40498 (Repeal): Rule R164-31. Administrative Fines
Education
- Administration
  - No. 40501 (Amendment): Rule R277-99. Definitions for Utah State Board of Education (Board) Rules
  - No. 40502 (New Rule): Rule R277-210. Utah Professional Practices Advisory Commission (UPPAC), Definitions
  - No. 40503 (New Rule): Rule R277-211. Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions
  - No. 40504 (New Rule): Rule R277-212. UPPAC Hearing Procedures and Reports
  - No. 40505 (New Rule): Rule R277-213. Request for Licensure Reinstatement and Reinstatement Procedures
  - No. 40506 (New Rule): Rule R277-215. Utah Professional Practices Advisory Commission (UPPAC), Disciplinary Rebuttable Presumptions
  - No. 40507 (Amendment): Rule R277-404. Requirements for Assessments of Student Achievement
  - No. 40508 (Amendment): Rule R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP)
  - No. 40509 (New Rule): Rule R277-511. Academic Pathway to Teaching (APT) Level 1 License
  - No. 40510 (Amendment): Rule R277-515. Utah Educator Standards
  - No. 40511 (Amendment): Rule R277-516. Background Check Policies and Required Reports of Arrests for Licensed Educators, Volunteers, Non-licensed Employees, and Charter School Governing Board Members
  - No. 40512 (Amendment): Rule R277-533. District Educator Evaluation Systems
  - No. 40513 (Amendment): Rule R277-710. Intergenerational Poverty Interventions in Public Schools
  - No. 40514 (Repeal and Reenact): Rule R277-713. Concurrent Enrollment of High School Students in College Courses
  - No. 40515 (Amendment): Rule R277-726. Statewide Online Education Program
  - No. 40516 (Amendment): Rule R277-911. Secondary Career and Technical Education
  - No. 40517 (New Rule): Rule R277-922. Digital Teaching and Learning Grant Program
  - No. 40518 (New Rule): Rule R277-923. American Indian and Alaskan Native Education State Plan Pilot Program
Environmental Quality
- Air Quality
  - No. 40471 (New Rule): Rule R307-124. General Requirements: Conversion to Alternative Fuel Grant Program
- Waste Management and Radiation Control, Waste Management
  - No. 40488 (Amendment): Rule R315-261. General Requirements - Identification and Listing of Hazardous Waste
Governor
- Criminal and Juvenile Justice (State Commission on)
  - No. 40497 (Amendment): Section R356-101-10. Evaluation Criteria
Health
- Health Care Financing, Coverage and Reimbursement Policy
  - No. 40490 (Repeal and Reenact): Rule R414-10A. Transplant Services Standards
  - No. 40491 (Amendment): Rule R414-19A. Coverage for Dialysis Services by a Free-Standing State-Licensed Dialysis Facility
  - No. 40492 (New Rule): Rule R414-505. Participation in the Nursing Facility Non-State Government-Owned Upper Payment Limit Program
  - No. 40493 (New Rule): Rule R414-513. Intergovernmental Transfers
Public Safety
- Fire Marshal
  - No. 40479 (Amendment): Rule R710-1. Concerns Servicing Portable Fire Extinguishers
  - No. 40484 (Amendment): Rule R710-3. Assisted Living Facilities
  - No. 40485 (Amendment): Rule R710-4. Buildings Under the Jurisdiction of the State Fire Prevention Board
Public Service Commission
- Administration
  - No. 40472 (Amendment): Section R746-200-7. Termination of Service
Transportation
- Operations, Traffic and Safety
  - No. 40494 (Amendment): Rule R920-50. Ropeway Operation Safety

5. Notices of Changes in Proposed Rules

Public Service Commission
- Administration
  - No. 40299 (Change in Proposed Rule): Section R746-360-6. Eligibility for Fund Distributions

6. Notices of 120-Day (Emergency) Rules

Labor Commission
- Adjudication
  - No. 40469 (Emergency Rule): Section R602-2-4. Attorney Fees
- Industrial Accidents
  - No. 40470 (Emergency Rule): Section R612-200-2. Payment of Benefits, Interest and Attorney Fees
Transportation
- Operations, Maintenance
  - No. 40473 (Emergency Rule): Rule R918-5. Construction or Improvement of Highway

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

Administrative Services
- Facilities Construction and Management
  - No. 40480 (5-year Review): Rule R23-25. Administrative Rules Adjudicative Proceedings
  - No. 40481 (5-year Review): Rule R23-31. Executive Residence Commission
Agriculture and Food
- Animal Industry
  - No. 40476 (5-year Review): Rule R58-2. Diseases, Inspections and Quarantines
  - No. 40478 (5-year Review): Rule R58-4. Use of Animal Drugs and Biologicals in the State of Utah
  - No. 40477 (5-year Review): Rule R58-14. Holding Live Raccoons or Coyotes in Captivity
Commerce
- Occupational and Professional Licensing
  - No. 40486 (5-year Review): Rule R156-54. Radiologic Technologist, Radiologist Assistant, and Radiology Practical Technician Licensing Act Rule
Crime Victim Reparations
- Administration
  - No. 40495 (5-year Review): Rule R270-1. Award and Reparation Standards
  - No. 40496 (5-year Review): Rule R270-2. Crime Victim Reparations Adjudicative Proceedings
Environmental Quality
- Environmental Response and Remediation
  - No. 40487 (5-year Review): Rule R311-600. Hazardous Substances Mitigation Act: Enforceable Written Assurances
- Water Quality
  - No. 40489 (5-year Review): Rule R317-11. Certification Required to Design, Inspect and Maintain Underground Wastewater Disposal Systems, or Conduct Soil Evaluations or Percolation Tests for Underground Wastewater Disposal Systems
Governor
- Economic Development
  - No. 40483 (5-year Review): Rule R357-5. Motion Picture Incentive Fund
Insurance
- Administration
  - No. 40500 (5-year Review): Rule R590-206. Privacy of Consumer Financial and Health Information Rule
- Title and Escrow Commission
  - No. 40499 (5-year Review): Rule R592-11. Title Insurance Producer Annual and Controlled Business Reports
Natural Resources
- Forestry, Fire and State Lands
  - No. 40482 (5-year Review): Rule R652-150. Utah Bioprospecting Act
Public Safety
- Highway Patrol
  - No. 40463 (5-year Review): Rule R714-160. Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections
  - No. 40464 (5-year Review): Rule R714-161. Equipment Standards for Motorcycle and ATV Safety Inspections
  - No. 40465 (5-year Review): Rule R714-162. Equipment Standards for Heavy Truck, Trailer and Bus Safety Inspections
Transportation
- Motor Carrier
  - No. 40468 (5-year Review): Rule R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification
- Program Development
  - No. 40466 (5-year Review): Rule R926-9. Establishment, Designation and Operation of Tollways
Transportation Commission
- Administration
  - No. 40467 (5-year Review): Rule R940-1. Establishment of Toll Rates

8. Notices of Expired Rules

Transportation
- Operations, Maintenance
  - No. 40474 (Expired): Rule R918-5. Construction or Improvement of Highway

9. 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 Office of Administrative Rules.

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