Utah State Bulletin, Volume 2016, Number 23 (December 1, 2016)

Notices of Utah State Government
Filed November 2, 2016, 12:00 AM through November 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 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/b20161201.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.

Table of Contents

1. Special Notices

2. Executive Documents

3. Notices of Proposed Rules

  • Administrative Services
    • Facilities Construction and Management
      • No. 40947 (Amendment): Rule R23-3. Planning, Programming, Request for Capital Development Projects and Operation and Maintenance Reporting
      • No. 40946 (Amendment): Rule R23-30. State Facility Energy Efficiency Fund
  • Agriculture and Food
    • Animal Industry
      • No. 40951 (Amendment): Rule R58-11. Slaughter of Livestock and Poultry
  • Attorney General
    • Administration
      • No. 40950 (Amendment): Rule R105-1. Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services
  • Commerce
    • Real Estate
      • No. 40952 (Amendment): Rule R162-2f. Real Estate Licensing and Practices Rules
  • Education
    • Administration
      • No. 41004 (New Rule): Rule R277-499. Seal of Biliteracy
      • No. 41005 (Amendment): Rule R277-503. Licensing Routes
      • No. 41006 (Amendment): Rule R277-507. Driver Education Endorsement
      • No. 41007 (Amendment): Rule R277-512. Online Licensure
      • No. 41008 (New Rule): Rule R277-517. LEA Codes of Conduct
      • No. 41009 (Amendment): Rule R277-531. Public Educator Evaluation Requirements (PEER)
      • No. 41010 (Amendment): Rule R277-533. District Educator Evaluation Systems
  • Environmental Quality
    • Water Quality
      • No. 40995 (Amendment): Rule R317-1. Definitions and General Requirements
      • No. 40987 (Amendment): Section R317-1-7. TMDLs
  • Governor
    • Economic Development
      • No. 40961 (New Rule): Rule R357-19. Business Resource Centers
  • Health
    • Administration
      • No. 40996 (New Rule): Rule R380-77. Coordination of Patient Identification and Validation Services
      • No. 40993 (Repeal): Rule R380-400. Use of Statistical Sampling and Extrapolation
    • Children's Health Insurance Program
      • No. 40997 (Amendment): Section R382-10-11. Household Composition and Income Provisions
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 40998 (Amendment): Section R414-304-5. MAGI-Based Coverage Groups
    • Disease Control and Prevention, Laboratory Improvement
      • No. 41000 (Repeal): Rule R444-11. Rules for Approval to Perform Blood Alcohol Examinations
  • Human Services
    • Child and Family Services
      • No. 40933 (New Rule): Rule R512-311. Out-of-Home Services. Psychotropic Medication Oversight Panel
    • Substance Abuse and Mental Health
      • No. 40934 (Amendment): Rule R523-4. Screening, Assessment, Prevention, Treatment and Recovery Support Standards for Adults Required to Participate in Services by the Criminal Justice System
      • No. 40999 (Amendment): Section R523-11-3. Certification Requirements for DUI Educational Providers
  • Insurance
    • Administration
      • No. 40954 (Repeal and Reenact): Rule R590-70. Insurance Holding Companies
      • No. 40955 (Amendment): Rule R590-173. Credit for Reinsurance
      • No. 40953 (New Rule): Rule R590-273. Continuing Care Provider Rule
  • Natural Resources
    • Forestry, Fire and State Lands
      • No. 41012 (Amendment): Rule R652-1. Definition of Terms
      • No. 41011 (Amendment): Rule R652-120. Wildland Fire
      • No. 41013 (Amendment): Rule R652-121. Wildland Fire Suppression Fund
      • No. 41014 (Amendment): Rule R652-122. County Cooperative Agreements with State for Fire Protection
      • No. 41015 (Repeal): Rule R652-123. Exemptions to Wildland Fire Suppression Fund
  • Public Safety
    • Emergency Management
      • No. 40956 (New Rule): Rule R704-3. Local Government Emergency Response Loan Program
  • Transportation
    • Operations, Aeronautics
      • No. 40937 (New Rule): Rule R914-3. Aircraft Registration Enforcement

4. Notices of Changes in Proposed Rules

  • Environmental Quality
    • Environmental Response and Remediation
      • No. 40755 (Change in Proposed Rule): Rule R311-203. Underground Storage Tanks: Technical Standards

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

  • Administrative Services
    • Facilities Construction and Management
      • No. 40945 (5-year Review): Rule R23-32. Rules of Procedure for Conduct of Utah State Building Board Meetings
  • Commerce
    • Administration
      • No. 40948 (5-year Review): Rule R151-3. Americans with Disabilities Act Rule
      • No. 40949 (5-year Review): Rule R151-35. Powersport Vehicle Franchise Act Rule
    • Occupational and Professional Licensing
      • No. 40943 (5-year Review): Rule R156-28. Veterinary Practice Act Rule
      • No. 40941 (5-year Review): Rule R156-40a. Athletic Trainer Licensing Act Rule
      • No. 40942 (5-year Review): Rule R156-41. Speech-Language Pathology and Audiology Licensing Act Rule
      • No. 40944 (5-year Review): Rule R156-70a. Physician Assistant Practice Act Rule
  • Corrections
    • Administration
      • No. 40994 (5-year Review): Rule R251-108. Adjudicative Proceedings
  • Education
    • Administration
      • No. 41001 (5-year Review): Rule R277-503. Licensing Routes
      • No. 41002 (5-year Review): Rule R277-507. Driver Education Endorsement
      • No. 41003 (5-year Review): Rule R277-512. Online Licensure
  • Health
    • Disease Control and Prevention, Environmental Services
      • No. 40958 (5-year Review): Rule R392-100. Food Service Sanitation
      • No. 40960 (5-year Review): Rule R392-200. Design, Construction, Operation, Sanitation, and Safety of Schools
      • No. 40964 (5-year Review): Rule R392-300. Recreation Camp Sanitation
      • No. 40962 (5-year Review): Rule R392-301. Recreational Vehicle Park Sanitation
      • No. 40959 (5-year Review): Rule R392-302. Design, Construction and Operation of Public Pools
      • No. 40957 (5-year Review): Rule R392-401. Roadway Rest Stop Sanitation
      • No. 40965 (5-year Review): Rule R392-402. Mobile Home Park Sanitation
      • No. 40963 (5-year Review): Rule R392-501. Labor Camp Sanitation
    • Center for Health Data, Health Care Statistics
      • No. 40988 (5-year Review): Rule R428-1. Health Data Plan and Incorporated Documents
      • No. 40989 (5-year Review): Rule R428-2. Health Data Authority Standards for Health Data
      • No. 40990 (5-year Review): Rule R428-5. Appeal and Adjudicative Proceedings
      • No. 40991 (5-year Review): Rule R428-10. Health Data Authority Healthcare Facility Data Reporting Rule
      • No. 40992 (5-year Review): Rule R428-12. Health Data Authority Survey of Enrollees in Health Plans
  • Tax Commission
    • Administration
      • No. 40966 (5-year Review): Rule R861-1A. Administrative Procedures
    • Auditing
      • No. 40967 (5-year Review): Rule R865-3C. Corporation Income Tax
      • No. 40968 (5-year Review): Rule R865-4D. Special Fuel Tax
      • No. 40969 (5-year Review): Rule R865-6F. Franchise Tax
      • No. 40970 (5-year Review): Rule R865-7H. Environmental Assurance Fee
      • No. 40971 (5-year Review): Rule R865-9I. Income Tax
      • No. 40972 (5-year Review): Rule R865-11Q. Self-Insured Employer Assessment
      • No. 40973 (5-year Review): Rule R865-12L. Local Sales and Use Tax
      • No. 40974 (5-year Review): Rule R865-13G. Motor Fuel Tax
      • No. 40975 (5-year Review): Rule R865-14W. Mineral Producers' Withholding Tax
      • No. 40976 (5-year Review): Rule R865-15O. Oil and Gas Tax
      • No. 40978 (5-year Review): Rule R865-16R. Severance Tax
      • No. 40979 (5-year Review): Rule R865-19S. Sales and Use Tax
      • No. 40980 (5-year Review): Rule R865-20T. Tobacco Tax
      • No. 40981 (5-year Review): Rule R865-21U. Use Tax
    • Collections
      • No. 40982 (5-year Review): Rule R867-2B. Delinquent Tax Collection
    • Motor Vehicle
      • No. 40983 (5-year Review): Rule R873-22M. Motor Vehicle
    • Motor Vehicle Enforcement
      • No. 40984 (5-year Review): Rule R877-23V. Motor Vehicle Enforcement
    • Property Tax
      • No. 40985 (5-year Review): Rule R884-24P. Property Tax
  • Transportation
    • Preconstruction
      • No. 40938 (5-year Review): Rule R930-2. Public Hearings
      • No. 40939 (5-year Review): Rule R930-5. Establishment and Regulation of At-Grade Railroad Crossings
      • No. 40940 (5-year Review): Rule R930-6. Access Management
    • Preconstruction, Right-of-Way Acquisition
      • No. 40935 (5-year Review): Rule R933-2. Control of Outdoor Advertising Signs
      • No. 40936 (5-year Review): Rule R933-5. Utah-Federal Agreement for the Control of Outdoor Advertising

6. 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.