Utah State Bulletin, Volume 2017, Number 4 (February 15, 2017)

Notices of Utah State Government
Filed January 18, 2017, 12:00 AM through February 1, 2017, 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/b20170215.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. Notices of Proposed Rules

  • Commerce
    • Occupational and Professional Licensing
      • No. 41260 (Amendment): Rule R156-11a. Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule
      • No. 41261 (Amendment): Section R156-55b-102. Definitions
  • Health
    • Child Care Center Licensing Committee
      • No. 41233 (Amendment): Section R381-60-2. Definitions
      • No. 41232 (Amendment): Section R381-70-2. Definitions
      • No. 41234 (Amendment): Section R381-100-2. Definitions
    • Disease Control and Prevention, Environmental Services
      • No. 41224 (Amendment): Rule R392-600. Illegal Drug Operations Decontamination Standards
    • Health Care Financing, Coverage and Reimbursement Policy
      • No. 41211 (Amendment): Rule R414-304. Income and Budgeting
      • No. 41212 (Amendment): Section R414-308-7. Change Reporting and Benefit Changes
      • No. 41213 (Amendment): Section R414-310-13. Change Reporting and Benefit Changes
    • Family Health and Preparedness, Child Care Licensing
      • No. 41237 (Amendment): Section R430-6-2. Definitions
      • No. 41236 (Amendment): Section R430-50-2. Definitions
      • No. 41235 (Amendment): Section R430-90-2. Definitions
  • Insurance
    • Administration
      • No. 41259 (Amendment): Rule R590-102. Insurance Department Fee Payment Rule
  • Public Safety
    • Driver License
      • No. 41200 (Repeal): Rule R708-25. Commercial Driver License Applicant Fitness Certification

3. Notices of Changes in Proposed Rules

  • Environmental Quality
    • Water Quality
      • No. 40995 (Change in Proposed Rule): Rule R317-1. Definitions and General Requirements
  • Human Services
    • Administration, Administrative Services, Licensing
      • No. 40930 (Change in Proposed Rule): Rule R501-21. Outpatient Treatment Programs
  • Public Service Commission
    • Administration
      • No. 41031 (Change in Proposed Rule): Rule R746-341. Lifeline Rule

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

  • Administrative Services
    • Facilities Construction and Management
      • No. 41266 (5-year Review): Rule R23-1. Procurement Rules with Numbering Related to the Procurement Code
      • No. 41267 (5-year Review): Rule R23-19. Facility Use Rules
      • No. 41268 (5-year Review): Rule R23-20. Free Speech Activities
  • Agriculture and Food
    • Animal Industry
      • No. 41194 (5-year Review): Rule R58-19. Compliance Procedures
    • Plant Industry
      • No. 41195 (5-year Review): Rule R68-19. Compliance Procedures
  • Commerce
    • Occupational and Professional Licensing
      • No. 41198 (5-year Review): Rule R156-11a. Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule
      • No. 41199 (5-year Review): Rule R156-55d. Burglar Alarm Licensing Rule
  • Environmental Quality
    • Air Quality
      • No. 41231 (5-year Review): Rule R307-110. General Requirements: State Implementation Plan
      • No. 41230 (5-year Review): Rule R307-120. General Requirements: Tax Exemption for Air Pollution Control Equipment
      • No. 41229 (5-year Review): Rule R307-130. General Penalty Policy
      • No. 41228 (5-year Review): Rule R307-135. Enforcement Response Policy for Asbestos Hazard Emergency Response Act
      • No. 41227 (5-year Review): Rule R307-301. Utah and Weber Counties: Oxygenated Gasoline Program As a Contingency Measure
      • No. 41226 (5-year Review): Rule R307-320. Ozone Maintenance Areas and Ogden City: Employer-Based Trip Reduction Program
      • No. 41225 (5-year Review): Rule R307-325. Ozone Nonattainment and Maintenance Areas: General Requirements
      • No. 41223 (5-year Review): Rule R307-326. Ozone Nonattainment and Maintenance Areas: Control of Hydrocarbon Emissions in Petroleum Refineries
      • No. 41222 (5-year Review): Rule R307-327. Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage
      • No. 41221 (5-year Review): Rule R307-328. Gasoline Transfer and Storage
      • No. 41220 (5-year Review): Rule R307-335. Degreasing and Solvent Cleaning Operations
      • No. 41219 (5-year Review): Rule R307-341. Ozone Nonattainment and Maintenance Areas: Cutback Asphalt
      • No. 41218 (5-year Review): Rule R307-343. Emissions Standards for Wood Furniture Manufacturing Operations
    • Environmental Response and Remediation
      • No. 41206 (5-year Review): Rule R311-401. Hazardous Substances Priority List
  • Financial Institutions
    • Credit Unions
      • No. 41197 (5-year Review): Rule R337-10. Rule Designating Applicable Federal Law for Credit Unions Subject to the Jurisdiction of the Department of Financial Institutions
  • Health
    • Family Health and Preparedness, WIC Services
      • No. 41254 (5-year Review): Rule R406-100. Special Supplemental Nutrition Program for Women, Infants and Children
      • No. 41255 (5-year Review): Rule R406-200. Program Overview
      • No. 41256 (5-year Review): Rule R406-201. Outreach Program
      • No. 41257 (5-year Review): Rule R406-202. Eligibility
      • No. 41258 (5-year Review): Rule R406-301. Clinic Guidelines
  • Heritage and Arts
    • Arts and Museums
      • No. 41196 (5-year Review): Rule R451-1. Utah Arts Council General Program Rules
      • No. 41201 (5-year Review): Rule R451-2. Policy for Commissions, Purchases, and Donations to, and Loans from, the Utah State Art Collections
  • Human Services
    • Administration
      • No. 41217 (5-year Review): Rule R495-884. Kinship Locate
    • Recovery Services
      • No. 41210 (5-year Review): Rule R527-37. Closure Criteria for Support Cases
      • No. 41207 (5-year Review): Rule R527-255. Substantial Change in Circumstances
      • No. 41208 (5-year Review): Rule R527-300. Income Withholding
      • No. 41209 (5-year Review): Rule R527-330. Posting Priority of Payments Received
      • No. 41214 (5-year Review): Rule R527-412. Intercept of Unemployment Compensation
  • Insurance
    • Administration
      • No. 41215 (5-year Review): Rule R590-116. Valuation of Assets
      • No. 41216 (5-year Review): Rule R590-117. Valuation of Liabilities
  • Pardons (Board Of)
    • Administration
      • No. 41241 (5-year Review): Rule R671-202. Notification of Hearings
      • No. 41242 (5-year Review): Rule R671-203. Victim Input and Notification
      • No. 41243 (5-year Review): Rule R671-205. Credit for Time Served
      • No. 41244 (5-year Review): Rule R671-207. Mentally Ill and Deteriorated Offender Custody Transfer
      • No. 41245 (5-year Review): Rule R671-301. Personal Appearance
      • No. 41246 (5-year Review): Rule R671-302. News Media and Public Access to Hearings
      • No. 41240 (5-year Review): Rule R671-303. Information Received, Maintained or Used by the Board
      • No. 41247 (5-year Review): Rule R671-304. Hearing Record
      • No. 41239 (5-year Review): Rule R671-305. Board Decisions and Orders
      • No. 41248 (5-year Review): Rule R671-308. Offender Hearing Assistance
      • No. 41249 (5-year Review): Rule R671-310. Rescission Hearings
      • No. 41250 (5-year Review): Rule R671-311. Special Attention Reviews, Hearings, and Decisions
      • No. 41251 (5-year Review): Rule R671-315. Pardons
      • No. 41238 (5-year Review): Rule R671-316. Redetermination
      • No. 41252 (5-year Review): Rule R671-402. Special Conditions of Parole
      • No. 41253 (5-year Review): Rule R671-405. Parole Termination
  • Public Safety
    • Driver License
      • No. 41203 (5-year Review): Rule R708-2. Commercial Driver Training Schools
      • No. 41204 (5-year Review): Rule R708-21. Third-Party Testing
      • No. 41202 (5-year Review): Rule R708-27. Certification of Driver Education Teachers in the Public Schools to Administer Knowledge and Driving Skills Tests
      • No. 41205 (5-year Review): Rule R708-39. Physical and Mental Fitness Testing
  • Public Service Commission
    • Administration
      • No. 41262 (5-year Review): Rule R746-349. Competitive Entry and Reporting Requirements
      • No. 41263 (5-year Review): Rule R746-351. Pricing Flexibility
      • No. 41264 (5-year Review): Rule R746-440. Voluntary Resource Decision

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 Office of Administrative Rules.