Utah State Bulletin, Volume 2017, Number 1 (January 1, 2017)

Notices of Utah State Government
Filed December 2, 2016, 12:00 AM through December 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/2017/b20170101.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. Executive Documents

2. Notices of Proposed Rules

  • Agriculture and Food
    • Horse Racing Commission (Utah)
      • No. 41102 (Amendment): Rule R52-7. Horse Racing
  • Commerce
    • Occupational and Professional Licensing
      • No. 41047 (Amendment): Rule R156-5a. Podiatric Physician Licensing Act Rule
  • Education
    • Administration
      • No. 41086 (Amendment): Rule R277-106. Utah Professional Practices Advisory Commission Appointment Process
      • No. 41073 (Amendment): Rule R277-113. LEA Fiscal Policies and Accountability
      • No. 41074 (Amendment): Rule R277-114. Corrective Action and Withdrawal or Reduction of Program Funds
      • No. 41087 (Amendment): Rule R277-210. Utah Professional Practices Advisory Commission (UPPAC), Definitions
      • No. 41088 (Amendment): Section R277-211-6. Proposed Consent to Discipline
      • No. 41089 (Amendment): Rule R277-212. UPPAC Hearing Procedures and Reports
      • No. 41090 (Amendment): Rule R277-409. Public School Membership in Associations
      • No. 41091 (Repeal): Rule R277-425. Budgeting, Accounting, and Auditing for Utah Local Education Agencies (LEAs)
      • No. 41075 (New Rule): Rule R277-521. National Board Certification Reimbursement
      • No. 41092 (Amendment): Rule R277-526. Paraeducator to Teacher Scholarship Program
      • No. 41093 (Amendment): Rule R277-602. Special Needs Scholarships - Funding and Procedures
      • No. 41076 (New Rule): Rule R277-752. Special Education Intensive Services Fund
      • No. 41094 (Amendment): Rule R277-915. Work-Based Learning Programs for Interns
  • Environmental Quality
    • Air Quality
      • No. 41099 (Amendment): Rule R307-125. Clean Air Retrofit, Replacement, and Off-Road Technology Program
      • No. 41100 (Amendment): Rule R307-841. Residential Property and Child-Occupied Facility Renovation
      • No. 41101 (Amendment): Rule R307-842. Lead-Based Paint Activities
  • Health
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 41104 (Amendment): Section R414-1-5. Incorporations by Reference
      • No. 41070 (Amendment): Section R414-302-6. Residents of Institutions
      • No. 41054 (Amendment): Rule R414-504. Nursing Facility Payments
    • Family Health and Preparedness, Licensing
      • No. 41056 (Amendment): Rule R432-270. Assisted Living Facilities
  • Human Services
    • Administration, Administrative Hearings
      • No. 41057 (Amendment): Rule R497-100. Adjudicative Proceedings
  • Natural Resources
    • Wildlife Resources
      • No. 41098 (Amendment): Rule R657-62. Drawing Application Procedures
  • Pardons (Board Of)
    • Administration
      • No. 41081 (Amendment): Section R671-311-3. Earned Time Adjustments
  • Science Technology and Research Governing Auth.
    • Administration
      • No. 41095 (New Rule): Rule R856-4. USTAR Science Technology Initiation Grant
      • No. 41096 (New Rule): Rule R856-5. USTAR Energy Research Triangle Professors Grant
      • No. 41097 (New Rule): Rule R856-6. USTAR Energy Research Triangle Scholars Grant
  • Transportation
    • Program Development
      • No. 41053 (Amendment): Section R926-13-4. Highways Within the State That Are Designated as State Scenic Byways
  • Workforce Services
    • Unemployment Insurance
      • No. 41103 (Amendment): Section R994-405-2. Separations from a Temporary Help Company (THC)

3. Notices of Changes in Proposed Rules

  • Environmental Quality
    • Air Quality
      • No. 40773 (Change in Proposed Rule): Rule R307-302. Solid Fuel Burning Devices
  • Transportation
    • Operations, Aeronautics
      • No. 40937 (Change in Proposed Rule): Rule R914-3. Aircraft Registration Enforcement

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

  • Commerce
    • Occupational and Professional Licensing
      • No. 41052 (5-year Review): Rule R156-1. General Rule of the Division of Occupational and Professional Licensing
  • Education
    • Administration
      • No. 41083 (5-year Review): Rule R277-106. Utah Professional Practices Advisory Commission Appointment Process
      • No. 41084 (5-year Review): Rule R277-526. Paraeducator to Teacher Scholarship Program
      • No. 41085 (5-year Review): Rule R277-915. Work-Based Learning Programs for Interns
  • Financial Institutions
    • Banks
      • No. 41049 (5-year Review): Rule R333-13. Rule Designating Applicable Federal Law for Banks Subject to the Jurisdiction of the Department of Financial Institutions
    • Industrial Loan Corporations
      • No. 41050 (5-year Review): Rule R339-12. Rule Designating Applicable Federal Law for Industrial Loan Corporations Subject to the Jurisdiction of the Department of Financial Institutions
  • Health
    • Family Health and Preparedness, Emergency Medical Services
      • No. 41048 (5-year Review): Rule R426-5. Emergency Medical Services Training and Certification Standards
  • Human Services
    • Administration
      • No. 41072 (5-year Review): Rule R495-810. Government Records Access and Management Act
      • No. 41071 (5-year Review): Rule R495-878. Americans with Disabilities Act and Civil Rights Grievance Procedures
    • Recovery Services
      • No. 41067 (5-year Review): Rule R527-3. Definitions
      • No. 41082 (5-year Review): Rule R527-253. Collection of Child Support Judgments
      • No. 41068 (5-year Review): Rule R527-258. Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program
  • Insurance
    • Administration
      • No. 41058 (5-year Review): Rule R590-102. Insurance Department Fee Payment Rule
      • No. 41059 (5-year Review): Rule R590-103. Security Deposits
      • No. 41060 (5-year Review): Rule R590-121. Rate Modification Plan Rule
      • No. 41061 (5-year Review): Rule R590-126. Accident and Health Insurance Standards
      • No. 41062 (5-year Review): Rule R590-133. Variable Contracts
      • No. 41063 (5-year Review): Rule R590-176. Health Benefit Plan Enrollment
      • No. 41064 (5-year Review): Rule R590-181. Yankee Bond Rule
      • No. 41065 (5-year Review): Rule R590-182. Risk Based Capital Instructions
  • Natural Resources
    • Wildlife Resources
      • No. 41051 (5-year Review): Rule R657-20. Falconry
  • Public Safety
    • Administration
      • No. 41045 (5-year Review): Rule R698-1. Public Petitions for Declaratory Orders
      • No. 41046 (5-year Review): Rule R698-2. Government Records Access and Management Act Rule
      • No. 41069 (5-year Review): Rule R698-3. Americans with Disabilities Act (ADA) Complaint Procedure
    • Peace Officer Standards and Training
      • No. 41078 (5-year Review): Rule R728-401. Training Academy Requirements
      • No. 41079 (5-year Review): Rule R728-403. Procedures for Certification
      • No. 41080 (5-year Review): Rule R728-411. Guidelines for Administrative Action Against Individuals Functioning as Peace Officers Without Valid Peace Officer Certification
  • Public Service Commission
    • Administration
      • No. 41077 (5-year Review): Rule R746-348. Interconnection

5. Notices of Five-Year Extensions

  • Veterans' and Military Affairs
    • Administration
      • No. 41066 (Five-Year Extension): Rule R978-1. Rule Governing Veterans' Affairs

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.