---------------------------- Utah State Digest, Vol. 2016, No. 9 (May 1, 2016) [NOTE: If your e-mail program truncates this message before the "<>" notation at the end, or otherwise does not display the document correctly, you may find this and previous editions of the Digest online at http://www.rules.utah.gov/publicat/digest.htm.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed April 2, 2016, 12:00 AM through April 15, 2016, 11:59 PM Volume 2016, No. 9 May 1, 2016 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Division of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at http://www.rules.utah.gov/publicat/bulletin.htm. 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 appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information and electronic versions of all administrative rule publications are available at http://www.rules.utah.gov/. The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by e-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 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. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Division of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Public Hearing to Discuss the 1115 Waiver and H.B. 437 "Health Care Revisions" From the 2016 General Session - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/sn157389.htm 2. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between April 2, 2016, 12:00 a.m., and April 15, 2016, 11:59 p.m. are summarized in this, the May 1, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the May 1, 2016, issue of the Utah State Bulletin until at least May 31, 2016 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through August 29, 2016, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40298 (Amendment): R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code Rule. SUMMARY OF THE RULE OR CHANGE: Proposed amendments affect Sections R156-15A- 401, R156-15A-402, and R156-15A-403. The proposed amendments delete the IEBC from being named as an approved code and all amendments to the IEBC as an approved code. The IEBC was changed from an approved code to an adopted code as a result of H.B. 316 (2016). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments do not affect local governments; therefore, there should be no cost impact to local governments. - SMALL BUSINESSES: The proposed amendments do not affect small businesses; therefore, there is no cost impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments do not have costs beyond costs considered by the legislature and resulting from the passage of H.B. 316 (2016). COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments do not have compliance costs beyond costs considered by the legislature and resulting from the passage of H.B. 316 (2016). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change deletes the IEBC as an approved code. The Code was changed from an approved code to an adopted code under H.B. 316 in the 2016 General Session. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/11/2016 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40298.htm EDUCATION ADMINISTRATION No. 40332 (Repeal): R277-100. Rulemaking Policy. SUMMARY OF THE RULE OR CHANGE: Rule R277-100 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The repeal of Rule R277-100 likely will not result in a cost or savings to the state budget. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board. - LOCAL GOVERNMENTS: The repeal of Rule R277-100 likely will not result in a cost or savings to local government. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board. - SMALL BUSINESSES: The repeal of Rule R277-100 likely will not result in a cost or savings to small businesses. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repeal of Rule R277-100 likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board. COMPLIANCE COSTS FOR AFFECTED PERSONS: The repeal of Rule R277-100 likely will not result in any compliance costs for affected persons. The requirements established in this rule for the Board are unnecessary to comply with the UARA and a new better suited internal policy has been adopted by the Board. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40332.htm No. 40325 (Repeal): R277-200. Utah Professional Practices Advisory Commission (UPPAC), Definitions. SUMMARY OF THE RULE OR CHANGE: Rule R277-200 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-200 is repealed in its entirety, and the new Rule R277-210 is filed to take its place, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-200 is repealed in its entirety, and the new Rule R277-210 is filed to take its place, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-200 is repealed in its entirety, and the new Rule R277-210 is filed to take its place, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-200 is repealed in its entirety, and the new Rule R277- 210 is filed to take its place, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-200 is repealed in its entirety, and the new Rule R277-210 is filed to take its place, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40325.htm No. 40326 (Repeal): R277-201. Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions. SUMMARY OF THE RULE OR CHANGE: Rule R277-201 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-201 is repealed in its entirety, and the new Rule R277-211 is filed to take its place, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-201 is repealed in its entirety, and the new Rule R277-211 is filed to take its place, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-201 is repealed in its entirety, and the new Rule R277-211 is filed to take its place, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-201 is repealed in its entirety, and the new Rule R277- 211 is filed to take its place, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-201 is repealed in its entirety, and the new Rule R277-211 is filed to take its place, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40326.htm No. 40327 (Repeal): R277-202. UPPAC Hearing Procedures and Reports. SUMMARY OF THE RULE OR CHANGE: Rule R277-202 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-202 is repealed in its entirety, and the new Rule R277-212 is filed to take its place, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-202 is repealed in its entirety, and the new Rule R277-212 is filed to take its place, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-202 is repealed in its entirety, and the new Rule R277-212 is filed to take its place, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-202 is repealed in its entirety, and the new Rule R277- 212 is filed to take its place, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-202 is repealed in its entirety, and the new Rule R277-212 is filed to take its place, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40327.htm No. 40328 (Repeal): R277-203. Request for Licensure Reinstatement and Reinstatement Procedures. SUMMARY OF THE RULE OR CHANGE: Rule R277-203 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-203 is repealed in its entirety, and the new Rule R277-213 is filed to take its place, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-203 is repealed in its entirety, and the new Rule R277-213 is filed to take its place, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-203 is repealed in its entirety, and the new Rule R277-213 is filed to take its place, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-203 is repealed in its entirety, and the new Rule R277- 213 is filed to take its place, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-203 is repealed in its entirety, and the new Rule R277-213 is filed to take its place, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40328.htm No. 40329 (Repeal): R277-204. Utah Professional Practices Advisory Commission Criminal Background Review. SUMMARY OF THE RULE OR CHANGE: Rule R277-204 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-204 is repealed in its entirety, and the new Rule R277-214 is filed to take its place, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-204 is repealed in its entirety, and the new Rule R277-214 is filed to take its place, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-204 is repealed in its entirety, and the new Rule R277-214 is filed to take its place, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-204 is repealed in its entirety, and the new Rule R277- 214 is filed to take its place, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-204 is repealed in its entirety, and the new Rule R277-214 is filed to take its place, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40329.htm No. 40330 (Repeal): R277-205. Alcohol Related Offenses. SUMMARY OF THE RULE OR CHANGE: Rule R277-205 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-205 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-205 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-205 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-205 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-205 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40330.htm No. 40331 (Repeal): R277-206. Drug Related Offenses. SUMMARY OF THE RULE OR CHANGE: Rule R277-206 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40331.htm No. 40333 (Repeal): R277-207. Utah Professional Practices Advisory Commission (UPPAC), Disciplinary Rebuttable Presumptions. SUMMARY OF THE RULE OR CHANGE: Rule R277-207 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-207 is repealed in its entirety, and the new Rule R277-215 is filed to take its place, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-207 is repealed in its entirety, and the new Rule R277-215 is filed to take its place, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-207 is repealed in its entirety, and the new Rule R277-215 is filed to take its place, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-207 is repealed in its entirety, and the new Rule R277- 215 is filed to take its place, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-207 is repealed in its entirety, and the new Rule R277-215 is filed to take its place, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40333.htm No. 40334 (New Rule): R277-210. Utah Professional Practices Advisory Commission (UPPAC), Definitions. SUMMARY OF THE RULE OR CHANGE: Rule R277-210 provides definitions used in UPPAC activities and applies to Rules R277-210 through R277-216. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-210 is filed to replace Rule R277- 200, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-210 is filed to replace Rule R277- 200, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new Rule R277-210 is filed to replace Rule R277- 200, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-210 is filed to replace Rule R277-200, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-210 is filed to replace Rule R277-200, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40334.htm No. 40335 (New Rule): R277-211. Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions. SUMMARY OF THE RULE OR CHANGE: Rule R277-211 provides procedures regarding notifications of alleged educator misconduct; review of notifications by UPPAC; and complaints, proposed stipulated agreements, approved stipulated agreements, and defaults. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-211 is filed to replace Rule R277- 201, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-211 is filed to replace Rule R277- 201, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new Rule R277-211 is filed to replace Rule R277- 201, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-211 is filed to replace Rule R277-201, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-211 is filed to replace Rule R277-201, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40335.htm No. 40336 (New Rule): R277-212. UPPAC Hearing Procedures and Reports. SUMMARY OF THE RULE OR CHANGE: Rule R277-212 provides procedures regarding UPPAC hearings and hearing reports. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-212 is filed to replace Rule R277- 202, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-212 is filed to replace Rule R277- 202, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule R277-212 is filed to replace Rule R277- 202, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-212 is filed to replace Rule R277-202, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-212 is filed to replace Rule R277-202, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/0216 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40336.htm No. 40337 (New Rule): R277-213. Request for Licensure Reinstatement and Reinstatement Procedures. SUMMARY OF THE RULE OR CHANGE: Rule R277-213 provides procedures regarding educator license reinstatement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-213 is filed to replace Rule R277- 203, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-213 is filed to replace Rule R277- 203, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule R277-213 is filed to replace Rule R277- 203, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-213 is filed to replace Rule R277-203, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-213 is filed to replace Rule R277-203, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40337.htm No. 40338 (New Rule): R277-214. Utah Professional Practices Advisory Commission Criminal Background Review. SUMMARY OF THE RULE OR CHANGE: Rule R277-214 provides procedures for an applicant to proceed toward licensing or be denied to continue when an application or recommendation for licensing or renewal identifies offenses in the applicant's criminal background check. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-214 is filed to replace Rules R277- 204, R277-205, and R277-206, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-214 is filed to replace Rules R277- 204, R277-205, and R277-206, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule R277-214 is filed to replace Rules R277- 204, R277-205, and R277-206, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-214 is filed to replace Rules R277-204, R277- 205, and R277-206, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-214 is filed to replace Rules R277-204, R277-205, and R277-206, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40338.htm No. 40339 (New Rule): R277-215. Utah Professional Practices Advisory Commission (UPPAC), Disciplinary Rebuttable Presumptions. SUMMARY OF THE RULE OR CHANGE: Rule R277-215 provides rebuttable presumptions for UPPAC and Board review of UPPAC cases. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-215 is filed to replace Rule R277- 207, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-215 is filed to replace Rule R277- 207, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule R277-215 is filed to replace Rule R277- 207, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-215 is filed to replace Rule R277-207, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-215 is filed to replace Rule R277-207, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40339.htm No. 40340 (New Rule): R277-922. Digital Teaching and Learning Grant Program. SUMMARY OF THE RULE OR CHANGE: This new rule provides standards and procedures for the Digital Teaching and Learning Grant Program; Advisory Committee; Utah State Board of Education approval or denial of LEA plans; pre-LEA plan submission and LEA plan requirements; distribution of grant money to participating LEAs; and prohibited uses of grant money. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Funding is provided to distribute to school districts and charter schools for administration and participation in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this rule will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Funding is provided to distribute to school districts and charter schools for administration and participation in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this rule will not result in a cost or savings to local government. - SMALL BUSINESSES: Funding is provided to distribute to school districts and charter schools for administration and participation in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this rule will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Funding is provided to distribute to school districts and charter schools for administration and participation in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this rule will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Funding is provided to distribute to school districts and charter schools for administration and participation in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this rule will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40340.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 40322 (Amendment): R313-19-13. Exemptions. SUMMARY OF THE RULE OR CHANGE: The NRC requested that selected references to the federal "Atomic Energy Act" be removed since the agency does not have the authority to allow exemptions from federal statute. Additionally, the NRC also requested the correction of certain rule citations for regulatory compatibility with the corresponding federal requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed rule changes do not impact the state budget since they are simply correcting selected rule citations and removing certain references to a federal law in order to maintain regulatory compatibility, as requested by the NRC. - LOCAL GOVERNMENTS: The proposed rule changes do not impact local government since they are simply correcting selected rule citations and removing certain references to a federal law in order to maintain regulatory compatibility, as requested by the NRC. - SMALL BUSINESSES: The proposed rule changes do not impact small businesses that may have a radioactive materials license since they are simply correcting selected rule citations and removing certain references to a federal law in order to maintain regulatory compatibility, as requested by the NRC. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed rule changes do not impact other businesses or local government entities that may have a radioactive materials license since they are simply correcting selected rule citations and removing certain references to a federal law in order to maintain regulatory compatibility, as requested by the NRC. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule changes do not impose any compliance costs for any radioactive materials licensees since they are simply correcting selected rule citations and removing certain references to a federal law in order to maintain regulatory compatibility, as requested by the NRC. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule changes incorporate federal radioactive materials revisions requested by the NRC regarding corrections to rule citations and selected references to federal law. The changes were requested in order to maintain regulatory compatibility with corresponding federal regulations promulgated by NRC. Consequently, there are no costs or savings to any Utah radioactive materials licensees. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40322.htm No. 40323 (Amendment): R313-22. Specific Licenses. SUMMARY OF THE RULE OR CHANGE: The NRC requested revising selected rule citations in Section R313-22-32 to the corresponding federal radioactive materials regulations (10 CFR 32.210(c)) in order to maintain regulatory compatibility. Additionally, the NRC requested correcting an error in subsection numbering, as well as correcting the location of a subsection referencing the Sealed Source and Device Registry within Section R313-22-75. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed rule changes do not impact the state budget since they are simply correcting selected rule citations, correcting subsection numbering, and moving a subsection referencing the Sealed Source and Device Registry to its correct location in order to maintain regulatory compatibility, as requested by the NRC. - LOCAL GOVERNMENTS: The proposed rule changes do not impact local government since they are simply correcting selected rule citations, correcting subsection numbering, and moving a subsection referencing the Sealed Source and Device Registry to its correct location in order to maintain regulatory compatibility, as requested by the NRC. - SMALL BUSINESSES: The proposed rule changes do not impact small businesses that may have a radioactive materials license since they are simply correcting selected rule citations, correcting paragraph numbering, and moving a subsection referencing the Sealed Source and Device Registry to its correct location in order to maintain regulatory compatibility, as requested by the NRC. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed rule changes do not impact other businesses or local government entities that may have a radioactive materials license since they are simply correcting selected rule citations, correcting subsection numbering, and moving a subsection referencing the Sealed Source and Device Registry to its correct location in order to maintain regulatory compatibility, as requested by the NRC. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule changes do not impose any compliance costs for any radioactive materials licensees since they are simply correcting selected rule citations, correcting subsection numbering, and moving a subsection referencing the Sealed Source and Device Registry to its correct location in order to maintain regulatory compatibility, as requested by the NRC. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule changes incorporate federal radioactive materials revisions requested by the NRC regarding rule citations corrections, subsection numbering corrections, and the proper location of a selected subsection. The changes were requested in order to maintain regulatory compatibility with corresponding federal regulations promulgated by NRC. Consequently, there are no costs or savings to any Utah radioactive materials licensees. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40323.htm WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40312 (Amendment): R315-124-34. Public Participation. SUMMARY OF THE RULE OR CHANGE: The change adds a sentence to require investigation of complaints. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The rule change will have no affect on the current rule as the rule change does not add any requirements that have to meet that are not already in place. - LOCAL GOVERNMENTS: No cost or savings for local governments as the rule change does not add any requirements that local governments have to meet that are not already in place. - SMALL BUSINESSES: No cost or savings for small business as the rule change does not add any requirements that small businesses will have to meet that are not already in place. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost or savings for other persons as the rule change does not add any requirements that they have to meet that are not already in place. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs will result from this change as the change does not add any new requirements that affected persons will have to meet. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No compliance costs will result to business from this change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40312.htm No. 40307 (Amendment): R315-260. Hazardous Waste Management System. SUMMARY OF THE RULE OR CHANGE: In Section R315-260-10, references are corrected, and a reference that was omitted in the original filling is added. In Section R315-260-12, the definitions that are in the rule are removed and definitions from Subsection R315-260-1(h), which is being removed, are added. In Section R315-260-21, "the Board" was omitted from the rule as filed and is inserted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The rule changes will have no affect on the administration of the rule and will have no cost to the state. - LOCAL GOVERNMENTS: There will be no cost or savings to local government as the rule does not affect local government. The changes in the definitions will have no cost or savings as they do not change the requirements of the rule. - SMALL BUSINESSES: There will be no cost or savings to small business as the administration of the rule will not change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings to persons other than small business as the administration of the rule will not change. COMPLIANCE COSTS FOR AFFECTED PERSONS: The changes made do not affect the way the rule is administrated and will not have any compliance cost increases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes made do not affect the way the rule is administrated and will not have any compliance cost increases. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40307.htm No. 40308 (Amendment): R315-261. General Requirements - Identification and Listing of Hazardous Waste. SUMMARY OF THE RULE OR CHANGE: In Section R315-261-2, "Table 1" is removed, and the correct rule reference is inserted. In Section R315-261-31, the list of chemicals is corrected. In Section R315-261-39, references are corrected, and language that was repeated is removed. In Section R315-261-141, references that were omitted are added. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The rule changes will have no affect on the administration of the rule and will have no cost to the state. - LOCAL GOVERNMENTS: There will be no cost or savings to local government as the rule change will not change the administration of the rule. - SMALL BUSINESSES: The rule changes will not affect the administration of the rule and will not have any cost or savings to small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule changes will not affect the administration of the rule and will not have any cost or savings to persons other than small business. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule changes will not affect the administration of the rule and will not have any cost to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule changes will not affect the administration of the rule and will not have any cost or savings to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40308.htm No. 40309 (Amendment): R315-262-10. Purpose, Scope, and Applicability. SUMMARY OF THE RULE OR CHANGE: This amendment changes language that was omitted from Section R315-262-10 when it was adopted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The rule changes will have no affect on the administration of the rule and will have no cost to the state. - LOCAL GOVERNMENTS: The rule changes will have no affect on the administration of the rule and will have no cost or savings to local government. - SMALL BUSINESSES: The rule changes will have no affect on the administration of the rule and will have no cost or savings to small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule changes will have no affect on the administration of the rule and will have no cost or savings to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule changes will not affect the administration of the rule and will not have any cost to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule changes will not affect the administration of the rule and will not have any cost or savings to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40309.htm No. 40310 (Amendment): R315-264-1. Purpose, Scope and Applicability. SUMMARY OF THE RULE OR CHANGE: The changes add antifreeze and aerosol cans to the list of universal wastes in Section R315-264-1, and it corrects references. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Antifreeze and aerosol cans have been previously included in the universal waste rule (Rule R315-273). The change will add these wastes to the list of universal wastes in Rule R315-264. As the rule is already in affect, the change will have no cost or savings to the state. - LOCAL GOVERNMENTS: Local government will see no costs or savings as the rule is already in effect in Rule R315-273. (DAR NOTE: The proposed new Rule R315-273 was published under DAR No. 40116 in the February 1, 2016, issue of the Bulletin and was made effective on 04/15/2016.) - SMALL BUSINESSES: Small business will see no costs or savings as the rule is already in effect in Rule R315-273. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons not listed above will see no costs or savings as the rule is already in effect in Rule R315-273. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no costs to affected persons as the rule is already in effect in Rule R315-273. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no costs or savings to affected persons as the rule is already in effect in Rule R315-273. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40310.htm No. 40311 (Amendment): R315-273. Standards For Universal Waste Management. SUMMARY OF THE RULE OR CHANGE: The changes to Sections R315-273-13 and R315- 273-33 add the exemption for state and federal facilities using drum-top lamp crushers from the requirements for costs estimates and financial assurance. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Any state facility that uses drum-top lamp crushers will have reduced cost as they will not have to present cost estimates and provide financial assurance. The actual costs savings are unknown. - LOCAL GOVERNMENTS: There will be no costs or savings to local government as the rule change will only affect facilities operated by the state or federal government. - SMALL BUSINESSES: There will be no costs or savings to small business as the rule change will only affect facilities operated by the state or federal government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs or savings to persons not listed above as the rule change will only affect facilities operated by the state or federal government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to any person as a result of the rule change as the change only affects facilities operated by the state or federal government, and the affected state and federal government operated facilities will see a cost decrease. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no costs to business as the rule change does not affect them. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40311.htm HEALTH CHILDREN'S HEALTH INSURANCE PROGRAM No. 40295 (Amendment): R382-10-17. Effective Date of Enrollment and Renewal. SUMMARY OF THE RULE OR CHANGE: This amendment extends the reporting requirement for CHIP when adding a newborn or newly adopted child when the change report comes from FFM. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment neither increases nor decreases the number of individuals who become eligible for CHIP. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor provide CHIP services to CHIP recipients. - SMALL BUSINESSES: There is no impact to small businesses because this amendment neither increases nor decreases the number of individuals who become eligible for CHIP. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to CHIP providers and to CHIP recipients because this amendment neither increases nor decreases the number of individuals who become eligible for CHIP. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single CHIP provider or to a CHIP recipient because this amendment neither increases nor decreases the number of individuals who become eligible for CHIP. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the amendment does not change the number of recipients eligible for CHIP. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40295.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40320 (Amendment): R414-1-5. Incorporations by Reference. SUMMARY OF THE RULE OR CHANGE: The Department incorporates by reference the "Utah Medicaid State Plan" and approved "State Plan Amendments (SPAs)" to 04/01/2016. Specifically, the Department incorporates by reference SPA 15- 0013-UT Reimbursement for Clinic Services, which updates the effective date of rates for clinic services to 07/01/2015, and removes from the State Plan unnecessary provisions for physical and occupational therapy, alcohol and drug centers, and maternal and child health clinics. The Department also incorporates by reference SPA 16-0001-UT Licensed Psychologists, which removes provisions for psychology services already described in the Rehabilitative section of the State Plan. This proposed rule also incorporates by reference the Medical Supplies Utah Medicaid Provider Manual, and the manual's attachment for Donor Human Milk Request Form, effective 04/01/2016; incorporates by reference the Hospital Services Utah Medicaid Provider Manual with its attachments, effective 04/01/2016; incorporates by reference the Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid, effective 04/01/2016; incorporates by reference the Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Hospice Care Utah Medicaid Provider Manual, and the manual's attachment for the Utah Medicaid Prior Authorization Request for Hospice Services, effective 04/01/2016; incorporates by reference the Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual, with its attachments, effective 04/01/2016; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Personal Care Utah Medicaid Provider Manual, and the manual's attachment for the Request for Prior Authorization: Personal Care and Capitated Programs effective 04/01/2016; incorporates by reference the Utah Home and Community- Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Utah Home and Community-Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Office of Inspector General (OIG) Administrative Hearings Procedures Manual, effective 04/01/2016; incorporates by reference the Pharmacy Services Utah Medicaid Provider Manual with its attachments, effective 04/01/2016; incorporates by reference the Coverage and Reimbursement Code Look-up Tool, effective 04/01/2016; incorporates by reference the CHEC Services Utah Medicaid Provider Manual with its attachments, effective 04/01/2016; incorporates by reference the Chiropractic Medicine Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the General Attachments (All Providers) for the Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Indian Health Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 04/01/2016; incorporates by reference the Medical Transportation Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with attachment, effective 04/01/2016; incorporates by reference the Licensed Nurse Practitioner Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables, effective 04/01/2016; incorporates by reference the Physician Services, Anesthesiology and Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 04/01/2016; incorporates by reference the Podiatric Services Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Primary Care Network Utah Medicaid Provider Manual with its attachments, effective 04/01/2016; incorporates by reference the Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the School-Based Skills Development Services Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference Section I: General Information Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference the Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference Vision Care Services Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference Women's Services Utah Medicaid Provider Manual, effective 04/01/2016; incorporates by reference Medically Complex Children’s Waiver Utah Medicaid Provider Manual, effective 04/01/2016; and incorporates by reference Autism Spectrum Disorder Related Services for EPSDT Eligible Individuals Utah Medicaid Provider Manual, effective 04/01/2016. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to local governments. - SMALL BUSINESSES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to Medicaid recipients and to Medicaid providers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to a single Medicaid recipient or to a Medicaid provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because all changes are already in the State Plan. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40320.htm No. 40296 (Amendment): R414-310-6. Creditable Health Coverage. SUMMARY OF THE RULE OR CHANGE: This amendment aligns PCN with the Children's Health Insurance Program and Utah's Premium Partnership for health insurance when PCN eliminates the sanction period for terminating health coverage through FFM. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment neither increases nor decreases the number of individuals who become eligible for PCN. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor provide PCN services to PCN recipients. - SMALL BUSINESSES: There is no impact to small businesses because this amendment neither increases nor decreases the number of individuals who become eligible for PCN. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to PCN providers and to PCN recipients because this amendment neither increases nor decreases the number of individuals who become eligible for PCN. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single PCN provider or to a PCN recipient because this amendment neither increases nor decreases the number of individuals who become eligible for PCN. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the amendment does not change the number of recipients eligible for PCN. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40296.htm No. 40297 (Amendment): R414-320-6. Creditable Health Coverage. SUMMARY OF THE RULE OR CHANGE: This amendment aligns UPP with the Children's Health Insurance Program and the Primary Care Network when UPP eliminates the sanction period for terminating health coverage through FFM. This amendment also clarifies that adults are not eligible for UPP if they are eligible for Refugee Medicaid. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment neither increases nor decreases the number of individuals who become eligible for UPP. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor provide UPP services to UPP recipients. - SMALL BUSINESSES: There is no impact to small businesses because this amendment neither increases nor decreases the number of individuals who become eligible for UPP. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to UPP providers and to UPP recipients because this amendment neither increases nor decreases the number of individuals who become eligible for UPP. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single UPP provider or to an UPP recipient because this amendment neither increases nor decreases the number of individuals who become eligible for UPP. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the amendment does not change the number of recipients eligible for UPP. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40297.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 40324 (Amendment): R426-8. Emergency Medical Services Ambulance Rates and Charges. SUMMARY OF THE RULE OR CHANGE: Fiscal Reporting Guides (FRGs) are financial and statistical data collected from all EMS agencies statewide. The data collected showed EMS rates need to be increased at 1.50% so agencies statewide will have closer revenues matching expenses. Rule R426-8 needs to be amended to reflect these ground ambulance transport rate changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: State budget will not be impacted as this is a user fee. - LOCAL GOVERNMENTS: Local government budgets will not be impacted significantly. The rates listed in the rule are increased by 1.50%. The EMS agency billings increase by 1.50% which will offset declining collections, wages increases, and the increased equipment costs. - SMALL BUSINESSES: Emergency Medical Service budgets will not be impacted. The ambulance transport rate increase is 1.50% from current ambulance rates to offset declining collections, wage increases, and the increased equipment costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other budgets will not be impacted. The ambulance transport rate increase is 1.50% from current ambulance rates to offset declining collections, wage increases, and the increased equipment costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: EMS agencies are allowed to bill the rates listed in the proposed rule and there are no costs to the agency for compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rates will have an impact on businesses. Based on accepted accounting measures, the proposed increase is needed to maintain the solvency of ambulance service within Utah. Increase is based on a careful analysis of the cost of doing business. Individuals that use this service will experience an added cost, some of which will be borne by health insurers. Public comment will be carefully evaluated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40324.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH, STATE HOSPITAL No. 40314 (Amendment): R525-8. Forensic Mental Health Facility. SUMMARY OF THE RULE OR CHANGE: This amendment provides updated information by: 1) clarifying the purpose is setting the criteria for admission to the Utah State Hospital; 2) updating the statutory requirement; and 3) providing guidance on the role of the Director of the Department of Human Services in allocating resources for competency restoration services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to the rule will not have any sort of cost or expense to the state budget. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings. - LOCAL GOVERNMENTS: The changes to the rule will not have any sort of cost or expense to local government. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings. - SMALL BUSINESSES: The changes to the rule will not have any sort of cost or expense to the small businesses. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The changes to the rule will not have any sort of cost or expense to persons other than small businesses, businesses, or local government entities. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: The changes to the rule will not have any sort of compliance cost. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to the rule will not have any fiscal impact on businesses. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40314.htm INSURANCE ADMINISTRATION No. 40321 (Amendment): R590-247. Universal Health Insurance Application Rule. SUMMARY OF THE RULE OR CHANGE: The change removes the reference to the "Producer Agreement and Compensation Disclosure" due to changes made to Subsection 31A-23a-501(4) during the 2015 General Session in H.B. 23. The change also removes the last page of the application, which is where the disclosure was incorporated into the application. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget because the change results in a form no longer being required. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments because the change results in a form no longer being required. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the change results in a form no longer being required. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Large employers, specifically insurers, may incur minimal programming costs to remove the last page of the Utah Individual Health Insurance Application. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons because the change merely results in a form no longer being required. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change is required due to actions taken by the Utah Legislature. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40321.htm PARDONS (BOARD OF) ADMINISTRATION No. 40316 (Amendment): R671-315-1. Pardons. SUMMARY OF THE RULE OR CHANGE: Pardon hearings may be conducted by the full Board, a panel of Board members, or a single Board member. Applicants for a pardon must sign the application and appear personally at the pardon hearing. The Board will not consider pardons for infractions. The onus to provide verification of therapy completion and payment of fines and restitution is on the applicant. The Board will disclose information it receives to the pardon applicant. The Board is required to notify victims, the court, and the prosecutor. Family, supporters, investigators, prosecutors, or court officers may testify at the pardon hearing. Members of the public may submit written comments. If a pardon is granted, the Board provides a list of agencies that may have records on the pardoned individual that should be expunged. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes affect the processing of pardon applications. Any increase in workload can be absorbed with existing resources without additional costs. - LOCAL GOVERNMENTS: The proposed changes affect the processing of pardon applications and the hearing. The proposed change allows local governments (investigators and prosecutors) to testify at a pardon hearing; however, there is no requirement for local governments to participate. - SMALL BUSINESSES: Small businesses do not participate in the pardon process. The changes do not impose any requirements on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed changes require the pardon applicant to personally appear at the pardon hearing and clarify the requirement for the applicant to provide certain verifications. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Board does not charge any fees for a pardon application or the granting of a pardon. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses do not apply for pardons or have any requirement to participate in a hearing except businesses may be victims, and, as such, they have the option to submit comments or speak at a pardon hearing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/20/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/01/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40316.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40299 (Amendment): R746-360-6. Eligibility for Fund Distributions. SUMMARY OF THE RULE OR CHANGE: The affordable base rate for the period 07/01/2016 to 06/30/2017 is set at $18 per residential line and $27.50 per business line. Beginning 07/01/2017, the affordable base rate will be set at $20 per residential line and $29.50 per business line. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The affected companies are subsidized through a state- funded program. As the companies raise rates, the subsidy for which they qualify might change, which would result in a change to the balance of the fund. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the rules governing subsidized telecommunication service providers. No impact to local government is anticipated. - SMALL BUSINESSES: Small businesses that operate as telecommunication service providers and that are subsidized by the state will see revenues increase as they adopt the Public Service Commission's (Commission) affordable base rates. Consequently, the monthly subsidies currently being disbursed might have to be reduced. The Commission intends to require the Division of Public Utilities to review the finances of each affected utility in order to determine the amount of any required deduction. If the Division recommends a deduction, the affected utility will have a full opportunity to litigate the issues before the Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The subsidy at issue is funded through a surcharge that all telecommunications customers in Utah pay. If the total amount of required funding changes, the surcharge may be increased or decreased as needed. It is possible that this rule change will reduce the amount needed to fund the account, which will result in a concomitant reduction in the surcharge. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, affected telecommunication utilities must file new rates with the Commission. As long as those rates do not exceed the Commission's affordable base rates, the costs associated with the filing will be minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, business that provides subsidized telecommunication services might see a reduction in its monthly subsidy as its monthly revenues increase. The Commission will rely on the Division of Public Utilities to recommend any such reduction, which will then be subject to a full adjudication. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/31/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Room 451 (Fourth Floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40299.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 40315 (Amendment): R986-400-402. General Provisions. SUMMARY OF THE RULE OR CHANGE: It was recently discovered that the rule did not cover one of the reasons a SSI benefit may be suspended. This was an oversight. It is now added that if SSI benefits are suspended for fraud or terminated for the reasons listed in the CFR, the client is not eligible for GA. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no additional costs due to this change. Since this is the first case the Department has seen like this, it is anticipated any savings will be minimal. There will be no costs because a client will not be eligible if SSI suspends or terminates benefits as outlined in the CFR. This will result in fewer people being eligible for GA, not more. - LOCAL GOVERNMENTS: There are no costs or savings to local governments. It is anticipated this change will be within the Department's current budget. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including persons affected by this change because there are no costs or fees associated with these proposed changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40315.htm 3. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends May 31, 2016. From the end of the 30-day waiting period through August 29, 2016, an agency may notify the Division of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. INSURANCE ADMINISTRATION No. 39755 (Change in Proposed Rule): R590-272. Commission Compensation Reporting. SUMMARY OF THE RULE OR CHANGE: The changes clarify that this rule applies only to a health benefit plan sold to a large customer based on revisions made to Subsection 31A-23a-501(4)(f) in H.B. 36, passed during the 2016 General Session. (DAR NOTE: This is the second change in proposed rule (CPR) for Rule R590-272. The original proposed new rule upon which the first CPR was based was published in the October 1, 2015, issue of the Utah State Bulletin, on page 72. The first CPR upon which this second CPR is based was published in the January 15, 2016, issue of the Utah State Bulletin, on page 124. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule and the first CPR mentioned above; strike out indicates text that has been deleted. You must view the first CPR, the second CPR, and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget because the rule governs only reports required for producers who sell a health benefit plan to certain large customers. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments because the rule governs only reports required for producers who sell a health benefit plan to certain large customers. - SMALL BUSINESSES: Small businesses may see slight savings because of a reduction in administrative costs to producers and consultants who have sold a health benefit plan to a large customer that is the state; a political subdivision of the state; a county, city, town, or local district; or a quasi-public corporation (Subsection 31A-23a-501(4)(f)(I)). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Large employers may see slight savings because of a reduction in administrative costs to producers and consultants who have sold a health benefit plan to a large customer that is the state; a political subdivision of the state; a county, city, town, or local district; or a quasi-public corporation (Subsection 31A-23a-501(4)(f)(I)). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons because there is no cost to comply with the changes to the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change is required due to actions taken by the Utah Legislature in H.B. 36, passed during the 2016 General Session. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/39755.htm 4. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Division of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40301 (Emergency Rule): R414-505. Participation in the Nursing Facility Non-State Government-Owned Upper Payment Limit Program. SUMMARY OF THE RULE OR CHANGE: This rule specifies source-of-seed payment requirements that comply with 42 CFR 433.74(c). It also specifies how to notify the Division of Medicaid and Health Financing (DMHF) with the intent to participate in the NF NSGO UPL program and includes participation requirements. (DAR NOTE: This emergency rule is now superseded by the new emergency rule for Rule R414-505 under DAR No. 40318 that is effective as of 04/15/2016 in this issue, May 1, 2016, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: This rule is necessary to comply with 42 CFR 433.74(c). The Department needs the rule to specify source-of-seed payments for the program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule only complies with reporting requirements found in the Code of Federal Regulations (CFR). It neither affects Medicaid services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - SMALL BUSINESSES: There is no impact to small businesses because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to Medicaid recipient because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the rule does not change any existing requirements or add any additional requirements for Medicaid providers or participants. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov - Nina Baker by phone at 801-538-9127, by FAX at 801-538-6412, or by Internet E-mail at nabaker@utah.gov EFFECTIVE: 04/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40301.htm No. 40318 (Emergency Rule): R414-505. Participation in the Nursing Facility Non-State Government-Owned Upper Payment Limit Program. SUMMARY OF THE RULE OR CHANGE: This rule specifies source-of-seed payment requirements that comply with 42 CFR 433.74(c). It also specifies how to notify the Division of Medicaid and Health Financing (DMHF) with the intent to participate in the NF NSGO UPL program and includes participation requirements. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: This rule is necessary to comply with 42 CFR 433.74(c). The Department needs the rule to specify source-of-seed payments for the program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule only complies with reporting requirements found in the Code of Federal Regulations (CFR). It neither affects Medicaid services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - SMALL BUSINESSES: There is no impact to small businesses because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or Medicaid recipient because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the rule does not change any existing requirements or add any additional requirements for Medicaid providers or participants. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 04/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40318.htm No. 40319 (Emergency Rule): R414-513. Intergovernmental Transfers. SUMMARY OF THE RULE OR CHANGE: This rule specifies source-of-seed payment requirements for all IGTs to comply with reporting requirements found in 42 CFR 433.74(c). EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: This rule is necessary to comply with reporting requirements found in 42 CFR 433.74(c). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule only complies with reporting requirements found in the Code of Federal Regulations (CFR). It neither affects Medicaid services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - SMALL BUSINESSES: There is no impact to small businesses because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to Medicaid recipient because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the rule does not change any existing requirements or add any additional requirements for Medicaid providers or participants. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 04/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40319.htm 5. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at http://www.rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Division of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 40317 (5-year Review): R386-702. Communicable Disease Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The "Communicable Disease Rule" must be continued in order to enable the Department of Health to continue to promote and protect the public's health as described above, and as required by state statute. DIRECT QUESTIONS REGARDING THIS RULE TO: - Emily Sagers by phone at 801-538-6180, by FAX at 801-538-6540, or by Internet E-mail at esagers@utah.gov EFFECTIVE: 04/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40317.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 40305 (5-year Review): R512-10. Youth and Mentor Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to offer the Youth Mentor Program to qualifying individuals. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 04/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40305.htm No. 40306 (5-year Review): R512-44. Choose Life Adoption Support Restricted Account. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to administer the Choose Life Adoption Support Restricted Account. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 04/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40306.htm SUBSTANCE ABUSE AND MENTAL HEALTH, STATE HOSPITAL No. 40313 (5-year Review): R525-8. Forensic Mental Health Facility. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is needed to provide clear guidance on how individuals are admitted to the Utah State Hospital. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov EFFECTIVE: 04/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40313.htm INSURANCE TITLE AND ESCROW COMMISSION No. 40300 (5-year Review): R592-15. Submission of a Schedule of Minimum Charges for Escrow Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Title and Escrow Commission requested and approved Rule R592-15 for continuation. The rule establishes a minimum floor for rates which ensures stability in the industry, and codifies procedures for insurers, agencies, and agents to file those rates. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 04/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40300.htm NATURAL RESOURCES FORESTRY, FIRE AND STATE LANDS No. 40304 (5-year Review): R652-122. County Cooperative Agreements with State for Fire Protection. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to reduce fire suppression costs and improve the safety and efficiency of responders to wildland and wildland/urban interface fires. Wildland fires in the urban interface are expensive, as much as ten times the cost of a similar fire in a remote area. A considerable force of ground and aerial resources must be deployed to manage these fires because of the values at risk. These fires are often difficult to control because no precautions have been taken to make homes/communities less susceptible to fire. These fires are particularly dangerous because firefighters are often forced to function outside the limits of their training and equipment. Wildland firefighters are not trained or equipped to fight structure fires and structure firefighters are often not equipped or trained to fight wildland fires. This rule implements Subsections 65A-8-203(3)(a) and 65A-8- 203(3)(b), which require the division to establish minimum standards for a wildland fire ordinance and specify minimum standards for wildland fire training, certification, and wildland fire suppression equipment. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 04/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40304.htm 6. NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file a Notice of Five-Year Review Extension (Extension) with the Division of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). ENVIRONMENTAL QUALITY AIR QUALITY No. 40294 (Five-Year Extension): R307-210. Stationary Sources. EXTENSION REASON: The Division is requesting an extension for this rule because it cancelled its April board meeting. A five-year Notice of Review and Statement of Continuation will be completed within 120 days of this extension. New deadline: 08/04/2016. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 04/04/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40294.htm 7. NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Division of Administrative Rules (Division) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Division. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Division, the rule expires. Upon expiration of the rule, the Division files a Notice of Five-Year Expiration (Expiration) to document the action. The Division is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Division has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 40303 (Expired): R628-10. Rating Requirements to Be a Permitted Depository. SUMMARY: The five-year notice of review and statement of continuation was not filed by the deadline, 04/11/2016. Therefore, this rule is expired and removed from the Utah Administrative Code as of 04/12/2016. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 04/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160501/40303.htm 8. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Division of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. COMMERCE SECURITIES No. 40206 (AMD): R164-15-3.Notice Filings for Offerings Made Under Tier 2 of Federal Regulation A Published: 03/01/2016 Effective: 06/29/2016 CRIME VICTIM REPARATIONS ADMINISTRATION No. 40148 (NEW): R270-5.Electronic Meetings Published: 02/15/2016 Effective: 04/06/2016 EDUCATION ADMINISTRATION No. 40212 (AMD): R277-716.Alternative Language Services for Utah Students Published: 03/01/2016 Effective: 04/07/2016 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40117 (REP): R315-1.Utah Hazardous Waste Definitions and References Published: 02/01/2016 Effective: 04/15/2016 No. 40118 (REP): R315-2.General Requirements - Identification and Listing of Hazardous Waste Published: 02/01/2016 Effective: 04/15/2016 No. 40119 (REP): R315-3.Application and Permit Procedures for Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 02/01/2016 Effective: 04/15/2016 No. 40120 (REP): R315-4.Procedures for Decisionmaking Published: 02/01/2016 Effective: 04/15/2016 No. 40121 (REP): R315-5.Hazardous Waste Generator Requirements Published: 02/01/2016 Effective: 04/15/2016 No. 40122 (REP): R315-6.Hazardous Waste Transporter Requirements Published: 02/01/2016 Effective: 04/15/2016 No. 40123 (REP): R315-7.Interim Status Requirements for Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 02/01/2016 Effective: 04/15/2016 No. 40124 (REP): R315-8.Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 02/01/2016 Effective: 04/15/2016 No. 40125 (REP): R315-9.Emergency Controls Published: 02/01/2016 Effective: 04/15/2016 No. 40126 (REP): R315-12.Administrative Procedures Published: 02/01/2016 Effective: 04/15/2016 No. 40127 (REP): R315-13.Land Disposal Restrictions Published: 02/01/2016 Effective: 04/15/2016 No. 40128 (REP): R315-14.Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities Published: 02/01/2016 Effective: 04/15/2016 No. 40129 (REP): R315-16.Standards for Universal Waste Management Published: 02/01/2016 Effective: 04/15/2016 No. 40130 (REP): R315-50.Appendices Published: 02/01/2016 Effective: 04/15/2016 No. 40105 (NEW): R315-103.Commercial Hazardous Waste Facility Siting Criteria Published: 02/01/2016 Effective: 04/15/2016 No. 40106 (NEW): R315-124.Procedures for Decisionmaking Published: 02/01/2016 Effective: 04/15/2016 No. 40107 (NEW): R315-260.Hazardous Waste Management System Published: 02/01/2016 Effective: 04/15/2016 No. 40108 (NEW): R315-261.General Requirements - Identification and Listing of Hazardous Waste Published: 02/01/2016 Effective: 04/15/2016 No. 40109 (NEW): R315-262.Hazardous Waste Generator Requirements Published: 02/01/2016 Effective: 04/15/2016 No. 40110 (NEW): R315-263.Standards Applicable to Transporters of Hazardous Waste and Standards Applicable to Emergency Control of Spills for All Hazardous Waste Handlers Published: 02/01/2016 Effective: 04/15/2016 No. 40115 (NEW): R315-264.Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 02/01/2016 Effective: 04/15/2016 No. 40111 (NEW): R315-265.Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 02/01/2016 Effective: 04/15/2016 No. 40112 (NEW): R315-266.Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities Published: 02/01/2016 Effective: 04/15/2016 No. 40113 (NEW): R315-268.Land Disposal Restrictions Published: 02/01/2016 Effective: 04/15/2016 No. 40114 (NEW): R315-270.Hazardous Waste Permit Program Published: 02/01/2016 Effective: 04/15/2016 No. 40116 (NEW): R315-273.Standards for Universal Waste Management Published: 02/01/2016 Effective: 04/15/2016 HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 40210 (AMD): R384-415.Electronic-Cigarette Substance Standards Published: 03/01/2016 Effective: 04/15/2016 HUMAN SERVICES CHILD AND FAMILY SERVICES No. 40195 (AMD): R512-42.Adoption by Relatives Published: 03/01/2016 Effective: 04/07/2016 INSURANCE TITLE AND ESCROW COMMISSION No. 40183 (AMD): R592-11.Title Insurance Producer Annual and Controlled Business Reports Published: 02/15/2016 Effective: 04/15/2016 TAX COMMISSION AUDITING No. 39987 (AMD): R865-19S-94.Tips, Gratuities, and Cover Charges Pursuant to Utah Code Ann. Section 59-12-103 Published: 01/01/2016 Effective: 04/14/2016 TRANSPORTATION PROGRAM DEVELOPMENT No. 40056 (AMD): R926-3.Class B and Class C Road Funds Published: 02/01/2016 Effective: 04/08/2016 No. 40057 (AMD): R926-13-4.Highways Within the State That Are Designated as State Scenic Byways Published: 02/01/2016 Effective: 04/08/2016 9. RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm . <> ----------------------------