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Utah State Digest, Vol. 2016, No. 10 (May 15, 2016)

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UTAH STATE DIGEST
Summary of the Contents of the Utah State Bulletin


For information filed April 16, 2016, 12:00 AM through May 2, 2016, 11:59 PM


Volume 2016, No. 10
May 15, 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
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1.  SPECIAL NOTICES

Notice for June 2016 Medicaid Rate Changes
- 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/2016/20160515/sn157435.htm

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/2016/20160515/sn157436.htm




2.  EXECUTIVE DOCUMENTS

Under authority granted by the Utah Constitution and various federal and 
state statutes, the Governor periodically issues Executive Documents, which 
can be categorized as either Executive Orders, Proclamations, and 
Declarations. Executive Orders set policy for the executive branch; create 
boards and commissions; provide for the transfer of authority; or otherwise 
interpret, implement, or give administrative effect to a provision of the 
Constitution, state law or executive policy. Proclamations call special or 
extraordinary legislative sessions; designate classes of cities; publish 
states-of-emergency; promulgate other official formal public announcements or 
functions; or publicly avow or cause certain matters of state government to 
be made generally known. Declarations designate special days, weeks or other 
time periods; call attention to or recognize people, groups, organizations, 
functions, or similar actions having a public purpose; or invoke specific 
legislative purposes (such as the declaration of an agricultural disaster). 

The Governor's Office staff files Executive Documents that have legal effect 
with the Division of Administrative Rules for publication and distribution.


Creating a Board of Advisors for the Refugee Services Office, Utah Exec. 
Order No. 2016-3
- Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by 
Internet E-mail at Abuchholz@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2016/ExecDoc157425.htm

Calling the Sixty-First Legislature Into a Second Special Session, Utah 
Proclamation No. 2016-2S
- Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by 
Internet E-mail at Cbradford@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2016/ExecDoc157426.htm




3.  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 16, 2016, 12:00 a.m., and May 2, 2016, 11:59 p.m. are 
summarized in this, the May 15, 2016, issue of the Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the May 15, 2016, issue of the Utah State Bulletin until at 
least June 14, 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 September 12, 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.


AGRICULTURE AND FOOD
HORSE RACING COMMISSION (UTAH)
No. 40366 (Amendment): R52-7-5. Occupation Licensing and Registration.
SUMMARY OF THE RULE OR CHANGE:  The rule changes allow for the licenses to be 
issued for up to a three-year period.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The change does not have an impact on how the state 
manages horse racing.  There will be no impact on the state budget.
- LOCAL GOVERNMENTS:  Local governments have no role in the enforcement of 
this rule.  As such, there will be no costs or saving to their budget.
- SMALL BUSINESSES:  This rule does not change the registration fee required 
for each individual year.  While there will be an initial increase in cost to 
purchase a three-year license, this cost will be balanced by not having to 
purchase a license for the following two years.  However, this is a burden 
chosen by the individual or the racing group because they continue to have 
the option to purchase a singe-year license.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The rule again will have a limited impact on the individuals.  They 
will have the opportunity to choose between a one- or three-year license in 
their chosen area.  While there will be an increased burden on that year's 
cost of a license, that cost will be evened out by not having to purchase a 
license again for three years.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no new compliance costs.  
The price of the license remains the same.  The proposed change does not 
affect the cost of the license for each year.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The proposed rule changes are a result of a request from those 
involved in the horse racing industry.  The cost of the license per year 
remains the same.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at sericson@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40366.htm


MARKETING AND DEVELOPMENT
No. 40367 (Repeal): R65-2. Utah Cherry Marketing Order.
SUMMARY OF THE RULE OR CHANGE:  The proposed change is a complete repeal of 
the rule.  There will no longer be a Marketing Order for Sweet Cherries when 
the rule takes effect.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The repeal of this rule will disband the Sweet Cherry 
Marketing Board.  As a result, the state will save on travel and per diem 
costs for the five-member board.
- LOCAL GOVERNMENTS:  Local governments have no role in the administration or 
enforcement of this rule.  Local governments will not be affected by the 
repeal of this rule.
- SMALL BUSINESSES:  Cherry producers will no longer be obligated to pay $25 
per ton for fresh cherries and $2 per ton for brine and frozen cherries.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Cherry producers will no longer be obligated to pay $25 per ton for 
fresh cherries and $2 per ton for brine and frozen cherries.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This is a repeal of the rule.  There 
will be no cost to the producers as they will no longer be bound by the 
marketing order.  The repeal of this rule will actually lead to a savings for 
the small businesses, businesses, and the state.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The repeal of this rule does away with the Utah Cherry Marketing 
Order.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at sericson@utah.gov
- Wayne Bradshaw by phone at 801-538-7108, or by Internet E-mail at 
waynebradshaw@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40367.htm

No. 40369 (Amendment): R65-8-2. Establishment of a Forum.
SUMMARY OF THE RULE OR CHANGE:  The rule change allows the Utah Jr. Livestock 
Show association to charge an annual membership fee of up to $50 a year.  The 
association currently can charge up to $25 a year to cover the costs of the 
annual meeting, food for the meeting, mail costs, and any other minor 
expenses.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The changes made to this rule will have no affect on the 
state budget.  The increase in fees applies only to the members of the 
association.
- LOCAL GOVERNMENTS:  Local governments are not affected by this rule because 
they have no jurisdiction over the Junior Livestock Show.  The proposed 
changes to this rule will have no affect on local governments.
- SMALL BUSINESSES:  Small businesses are not affected because the fee 
increase is only to members of the Junior Livestock Show in which there are 
no small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The membership dues are paid by each member association and cannot 
be derived from funds provided through state appropriations.  The membership 
dues generally come from fees, dues, or fundraising associated with each 
specific livestock show.  Depending on how the association plans on paying, 
the higher fee will result in an impact to the participants of the show.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The new compliance costs will be up 
to $50.  This will require an increase of the fees, dues, or fundraising 
efforts the associations currently have in place to cover the additional 
costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The increasing of the fees is a request by the Utah Junior 
Livestock Show Association.  The request came through a unanimous resolution 
in the 2015 annual meeting.  The rule change is coming at their request.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at sericson@utah.gov
- Wayne Bradshaw by phone at 801-538-7108, or by Internet E-mail at 
waynebradshaw@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40369.htm


PLANT INDUSTRY
No. 40365 (Repeal): R68-12. Quarantine Pertaining to Mint Wilt.
SUMMARY OF THE RULE OR CHANGE:  The proposed change is a complete repeal of 
the rule.  There will no longer be a quarantine for mint coming or leaving 
the state.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will not be a cost or savings to the state.  The 
state only has three mint growers, and the Department appoints the field 
supervisors who conduct the inspection.  The producer pays for the 
inspection, so the state doesn't allocate money to subsidize the program.
- LOCAL GOVERNMENTS:  There is no affect on local government because local 
governments have no role in the enforcement of this rule.
- SMALL BUSINESSES:  The three mint growers in the state will receive a 
savings due to the revocation of the rule.  The businesses will no longer 
have to expend the $2 per acre plus $10 application fee for root stock 
inspections.  Further, due to the repeal of the rule, the businesses will no 
longer have to quarantine an entire field of crops, thus suffering tremendous 
financial losses, depending on the size of the field.  Instead, the 
businesses will only have to remove the affected portions.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: As was stated previously, there will be a cost savings for the 
individuals involved in the growing of mint in the state due to the decrease 
in inspections costs and the savings due to not having to quarantine the 
whole crop but rather portions of the crop.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be no additional cost to 
affected persons.  This is a repeal of the quarantine.  As a result, there 
will be fewer restrictions on the people affected.  This will lead to a cost 
savings.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Inspections are not found to be effective.  The cost of 
inspections does not bring in additional revenue with only three mint growers 
in the state.  The removal of this rule eliminates the potential for 
catastrophic financial loss to industry that may result from non-aggressive 
strains of Verticillium Dahlia.  Removal of the mint wilt quarantine will no 
longer require entire field crop loss that has no recoupment of financial 
loss when minimal damage occurs.  This will allow industry to remove only 
what is affected by disease rather than the entire crop.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Clark Burgess by phone at 801-538-7188, by FAX at 801-538-7189, or by 
Internet E-mail at cburgess@utah.gov
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by 
Internet E-mail at rhougaard@utah.gov
- Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at sericson@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40365.htm


REGULATORY SERVICES
No. 40361 (Amendment): R70-370. Butter.
SUMMARY OF THE RULE OR CHANGE:  The proposed changes to the rule are made to 
update the current version of the Code of Federal Regulations (CFR) that is 
incorporated by reference.  The changes are made to make it easier for 
individuals to find the criteria for grading butter.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no costs or savings associated with the rule 
change.  The rule changes have no additional requirements attached.  The 
changes are made for clarification and to make it easier for those who are 
graded to find the grading criteria.
- LOCAL GOVERNMENTS:  There are no requirements made on local government in 
the changes to the rule.
- SMALL BUSINESSES:  The changes add no new requirements on those businesses 
affected by the rule.  There will be neither a cost nor a savings to those 
affected by the rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The changes to the rule are to align the rule with the federal code 
that is adopted.  There are no additional requirements made on individuals in 
this rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs to any 
person affected by the changes to the rule.  The rule changes are to make it 
easier for individuals to find the grading criteria.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule do not require additional measures from 
those affected.  It does make it easier for individuals to find the standards 
that are set for the grading of butter.  It will have no fiscal impact on 
businesses or individuals.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at sericson@utah.gov
- Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by 
Internet E-mail at twaller@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40361.htm

No. 40368 (Amendment): R70-380. Grade A Condensed and Dry Milk Products and 
Condensed and Dry Whey.
SUMMARY OF THE RULE OR CHANGE:  The proposed changes to the rule are made to 
update to the current version of the Grade "A" Pasteurized Milk Ordinance, 
January 1, 2013.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no costs or savings associated with the rule 
changes.  The rule changes have no additional requirements attached.  The 
changes are made for clarification and to make it easier for those who engage 
in the covered practices to find the regulations.
- LOCAL GOVERNMENTS:  There are no requirements made on local government in 
the changes to the rule.
- SMALL BUSINESSES:  The changes add no new requirements on those businesses 
affected by the rule.  There will be neither a cost nor a savings to those 
affected by the rule.  The changes to the rule are meant to make it easier to 
locate the regulations governing the industry.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The changes add no new requirements on those businesses affected by 
the rule.  There will be neither a cost nor a savings to those affected by 
the rule.  The changes to the rule are meant to make it easier to locate the 
regulations governing the industry.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs to any 
person affected by the changes to the rule.  The rule changes are to make it 
easier for individuals to find the regulations.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule do not require additional measures from 
those affected.  It does make it easier for individuals to find regulations 
by correctly citing Grade "A" Pasteurized Milk Ordinance.  It will have no 
fiscal impacts on businesses or individuals.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at sericson@utah.gov
- Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by 
Internet E-mail at twaller@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40368.htm

No. 40360 (Amendment): R70-550. Utah Inland Shellfish Safety Program.
SUMMARY OF THE RULE OR CHANGE:  The proposed changes would correct the 
erroneous listing of the name of the ordinances.  Further, it incorporates by 
reference the latest published version of the model ordinance, January 1, 
2013, published by the Food and Drug Administration.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will be no affect on the state budget related to 
these changes.  The department has been doing these inspections since 2007.  
The changes to rule will not have an affect on the inspection.
- LOCAL GOVERNMENTS:  There will be no cost or savings to local governments.  
There are no requirements made on local governments in the changes to the 
rule.
- SMALL BUSINESSES:  The rule governs small businesses in the state that 
package shellfish; however, the proposed changes to the rules will not have a 
cost or a savings to the businesses.  The changes made to the rule are 
updating the rules to the current version being used on a nationwide level.  
These businesses are already using the most current version in order to ship 
out of the state.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed changes do not affect persons other than those engaged 
in the business of packaging and shipping molluscan shellfish.  As with small 
businesses, these changes do not affect the practices which are already 
standard in the industry.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs 
associated with these proposed rule changes.  The rules are a national 
standard that industry is already following.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The proposed rules will not have a fiscal impact on businesses 
because the standards adopted by the proposed changes are already industry 
standards.  The proposed changes will make it easier for interested parties 
to find the correct standards with which they must be in compliance.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at sericson@utah.gov
- Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by 
Internet E-mail at twaller@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40360.htm



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 40351 (Amendment): R156-55a-301. License Classifications - Scope of 
Practice.
SUMMARY OF THE RULE OR CHANGE:  In Section R156-55a-301, in B100 and R100 - 
this change allows B100 and R100 contractors to install passive radon 
controls in new construction without immediate supervision by a person who 
holds a Radon mitigation certificate.  However, the installation must still 
comply with the building codes requirements for passive radon controls.  In 
Section R156-55a-301, in S354 - the change requires radon mitigation work to 
be performed under immediate supervision of a person who holds a radon 
mitigation certificate.  This is the same supervision that is already 
required for active radon mitigation work when performed by the B100 and R100 
contractors classifications.
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 apply only to licensed 
contractors in classifications B100, R100, and S354 and applicants for 
licensure in those classifications.  As a result, the proposed amendments do 
not apply to local governments.
- SMALL BUSINESSES:  The proposed amendments may result in some added new 
construction to building owners and B100 and R100 contractors who choose to 
voluntarily install passive radon controls on new construction.  Since 
installation of passive radon controls is voluntary and not required on new 
construction by code, it is impossible to determine the cost that may be 
voluntarily incurred.  These persons may choose to incur this voluntary 
expense because of savings that may result in the future.  This change may 
increase cost for some S354 contractors who are not already having radon 
mitigation work performed under the immediate supervision of a certified 
radon person.  It is impossible to determine how often this is occurring.  
Therefore, it is therefore impossible to determine the additional costs that 
may result.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: It is impossible, prior to new construction being completed, to 
determine if a building will ultimately have excessive levels of radon that 
may need mitigation work completed.  As a result, the building codes do not 
require radon controls to be installed on new construction.  However, passive 
radon control can be installed on new construction as a preventive measure 
with minor additional costs to the new construction.  If these passive radon 
controls are not installed and it ultimately turns out that the building 
needs radon mitigation, the cost to the building owner for radon mitigation 
retrofitting could be substantially higher than if preventive measures were 
taken during initial construction.  As the result of this rule change, more 
homeowners and their contractors may voluntarily choose to incur some 
additional up front costs of construction in order to save potentially more 
costly radon mitigation work later on.  It is therefore impossible to 
determine the costs or savings that may result from this rule change but 
leaves the risk/reward analysis up to the homeowner and their contractors to 
decide.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  It is impossible, prior to new 
construction being completed, to determine if a building will ultimately have 
excessive levels of radon that may need mitigation work completed.  As a 
result, the building codes do not require radon controls to be installed on 
new construction.  However, passive radon control can be installed on new 
construction as a preventive measure with minor additional costs to the new 
construction.  If these passive radon controls are not installed and it 
ultimately turns out that the building needs radon mitigation, the cost to 
the building owner for radon mitigation retrofitting could be substantially 
higher than if preventive measures were taken during initial construction.  
As the result of this rule change, more homeowners and their contractors may 
voluntarily choose to incur some additional up front costs of construction in 
order to save potentially more costly radon mitigation work later on.  It is 
therefore impossible to determine the costs or savings that may result from 
this rule change but leaves the risk/reward analysis up to the homeowner and 
their contractors to decide.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule change allows B100 and R100 contractors to install 
passive radon controls in new construction without the supervision of a 
person who holds a radon mitigation certificate.  The rule change also 
requires radon mitigation work to be performed under the supervision of a 
person who holds a radon mitigation certificate.  This rule change may impact 
contractors and building owners if building owners choose to install radon 
controls in new construction.  However, such installation is not mandatory.  
Additionally, the change may impact contractors who are not already 
performing radon mitigation work under a certified person's supervision, and 
must now be so supervised.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
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:
- 05/25/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, 
Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40351.htm



EDUCATION
ADMINISTRATION
No. 40363 (Amendment): R277-700. The Elementary and Secondary School General 
Core.
SUMMARY OF THE RULE OR CHANGE:  Amendments to the rule provide three computer 
science courses as an option for core science credit for high school 
graduation; change wording in the body of the science requirements for 
clarification purposes; add a 0.5 required computer technology unit of credit 
to the middle school education requirements beginning no later than the 2018-
2019 school year; and provide a change in terminology from Education 
Technology to Digital Studies.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to Rule R277-700 provide more choices for 
core science credit, add required credit, and make terminology changes, which 
likely will not result in a cost or savings to the state budget.
- LOCAL GOVERNMENTS:  The amendments to Rule R277-700 provide more choices 
for core science credit, add required credit, and make terminology changes, 
which likely will not result in a cost or savings to local government.
- SMALL BUSINESSES:  The amendments to Rule R277-700 provide more choices for 
core science credit, add required credit, and make terminology changes, which 
likely will not result in a cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to Rule R277-700 provide more choices for core 
science credit, add required credit, and make terminology changes, 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:  The amendments to Rule R277-700 
provide more choices for core science credit, add required credit, and make 
terminology changes, 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 the amendments to this rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
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:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40363.htm



HEALTH
CHILDREN'S HEALTH INSURANCE PROGRAM
No. 40374 (Amendment): R382-10-6. Citizenship and Alienage.
SUMMARY OF THE RULE OR CHANGE:  This amendment allows alien children who are 
lawfully present and under 19 years of age to receive CHIP coverage.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no impact to the state budget because funding 
for this coverage is 100% federal match.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither fund nor make CHIP eligibility determinations.
- SMALL BUSINESSES:  Small businesses may see a nominal increase in annual 
revenue, but there is no data to estimate a total amount.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: CHIP providers may see a nominal increase in annual revenue, but 
there is no data to estimate a total amount.  CHIP recipients who qualify 
under this provision may also see minimal out-of-pocket savings, but there is 
no data to estimate how much those savings would be.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  A single CHIP provider may see a 
nominal increase in annual revenue, but there is no data to estimate a total 
amount.  A CHIP recipient who qualifies under this provision may also see 
minimal out-of-pocket savings, but there is no data to estimate how much 
those savings would be.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be a slight fiscal impact on business in that CHIP 
providers may see a small increase in revenue for provision of additional 
services.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
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:  07/01/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40374.htm


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 40375 (Amendment): R414-302-3. Citizenship and Alienage.
SUMMARY OF THE RULE OR CHANGE:  This amendment allows alien children who are 
lawfully present and under 19 years of age to receive Medicaid coverage.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no impact to the state budget because funding 
for this coverage is 100% federal match.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither fund nor make Medicaid eligibility determinations.
- SMALL BUSINESSES:  Small businesses may see a nominal increase in annual 
revenue, but there is no data to estimate a total amount.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Medicaid providers may see a nominal increase in annual revenue, 
but there is no data to estimate a total amount.  Medicaid recipients who 
qualify under this provision may also see minimal out-of-pocket savings, but 
there is no data to estimate how much those savings would be.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  A single Medicaid provider may see a 
nominal increase in annual revenue, but there is no data to estimate a total 
amount.  A Medicaid recipient who qualifies under this provision may also see 
minimal out-of-pocket savings, but there is no data to estimate how much 
those savings would be.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be a slight fiscal impact on business in that 
Medicaid providers may see a small increase in revenue for provision of 
additional services.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
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:  07/01/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40375.htm

No. 40377 (Amendment): R414-303. Coverage Groups.
SUMMARY OF THE RULE OR CHANGE:  This amendment allows alien children who are 
lawfully present and under 19 years of age to receive Medicaid coverage.  It 
also clarifies that coverage for these individuals, who may be pregnant, 
continues only through the month in which they turn 19 years old.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no impact to the state budget because funding 
for this coverage is 100% federal match.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither fund nor make Medicaid eligibility determinations.
- SMALL BUSINESSES:  Small businesses may see a nominal increase in annual 
revenue, but there is no data to estimate a total amount.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Medicaid providers may see a nominal increase in annual revenue, 
but there is no data to estimate a total amount.  Medicaid recipients who 
qualify under this provision may also see minimal out-of-pocket savings, but 
there is no data to estimate how much those savings would be.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  A single Medicaid provider may see a 
nominal increase in annual revenue, but there is no data to estimate a total 
amount.  A Medicaid recipient who qualifies under this provision may also see 
minimal out-of-pocket savings, but there is no data to estimate how much 
those savings would be.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be a slight fiscal impact on business in that 
Medicaid providers may see a small increase in revenue for provision of 
additional services.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
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:  07/01/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40377.htm

No. 40380 (Amendment): R414-304. Income and Budgeting.
SUMMARY OF THE RULE OR CHANGE:  This amendment, through its reference to 
Subsection R414-302-3(2), allows alien children who are lawfully present and 
under 19 years of age to receive Medicaid coverage.  It also clarifies 
income-determination procedures for the Department of Workforce Services.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no impact to the state budget because funding 
for this coverage is 100% federal match.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither fund nor make Medicaid eligibility determinations.
- SMALL BUSINESSES:  Small businesses may see a nominal increase in annual 
revenue, but there is no data to estimate a total amount.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Medicaid providers may see a nominal increase in annual revenue, 
but there is no data to estimate a total amount.  Medicaid recipients who 
qualify under this provision may also see minimal out-of-pocket savings, but 
there is no data to estimate how much those savings would be.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  A single Medicaid provider may see a 
nominal increase in annual revenue, but there is no data to estimate a total 
amount.  A Medicaid recipient who qualifies under this provision may also see 
minimal out-of-pocket savings, but there is no data to estimate how much 
those savings would be.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be a slight fiscal impact on business in that 
Medicaid providers may see a small increase in revenue for provision of 
additional services.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
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:  07/01/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40380.htm

No. 40373 (Amendment): R414-305-3. Aged, Blind and Disabled Non-Institutional 
and Institutional Medicaid Resource Provisions.
SUMMARY OF THE RULE OR CHANGE:  This amendment allows an individual's assets 
to be held as an exempt resource under an ABLE account.  An individual may 
set up an ABLE account in Utah or any other state.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no impact to the state budget because this 
amendment neither affects Medicaid services nor the number of individuals who 
become eligible for Medicaid.  It does not affect current or future 
appropriations for eligibility in Medicaid programs.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither fund nor make eligibility determinations for Medicaid programs.
- SMALL BUSINESSES:  There is no impact to small businesses because this 
amendment neither affects Medicaid services nor the number of individuals who 
become eligible for Medicaid.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no impact to Medicaid providers because this amendment 
neither affects Medicaid services nor the number of individuals who become 
eligible for Medicaid.  Additionally, there are no costs or savings to 
Medicaid recipients because the exemption only allows them to meet their 
disability expenses.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no impact to a single 
Medicaid provider or to a Medicaid recipient because this amendment neither 
affects Medicaid services nor the number of individuals who become eligible 
for Medicaid.  Additionally, there are no costs or savings to a single 
Medicaid recipient because the exemption only allows the recipient to meet 
his disability expenses.
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 affect services provided to Medicaid recipients or payments made to 
providers.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
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:  07/01/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40373.htm

No. 40372 (Amendment): R414-401-3. Assessment.
SUMMARY OF THE RULE OR CHANGE:  In Subsection R414-401-3(2), every nursing 
facility is assessed at the uniform rate of $18.74 per patient day, which is 
an increase from the previous $18.32 per patient day assessment, based upon 
projected days.  In Subsection R414-401-3(2), ICFs/ID are assessed at the 
uniform rate of $8.45 per patient day, which is a decrease from the previous 
$8.46 per patient day assessment, based upon projected days.  These updates 
are based on estimates of patient days for SFY 2017 and the appropriation 
amounts.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The update to the assessment rates is anticipated to be 
budget neutral as it updates the collection rate based on projected days in 
SFY 2017 and the appropriation amount.
- LOCAL GOVERNMENTS:  Inasmuch as swing beds are variable, it is not possible 
to determine the cost or savings to local hospital and swing bed facilities.
- SMALL BUSINESSES:  Medicaid nursing facility providers will realize an 
increase in cost to non-Medicaid certified facilities as those facilities 
would be assessed at the higher amount and would not realize any payments 
from Medicaid.  Inasmuch as patient days are variable, it is not possible to 
determine the increased cost that will be realized by these facilities.  
ICFs/ID will realize a decreased cost based upon the decrease in the 
assessment rate.  Inasmuch as patient days are variable, it is not possible 
to determine the decreased cost that will be realized by these facilities.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Medicaid nursing facility providers will realize an increase in 
cost to non-Medicaid certified facilities as those facilities would be 
assessed at the higher amount and would not realize any payments from 
Medicaid.  Inasmuch as patient days are variable, it is not possible to 
determine the increased cost that will be realized by these facilities.  
ICFs/ID will realize a decreased cost based upon the decrease in the 
assessment rate.  Inasmuch as patient days are variable, it is not possible 
to determine the decreased cost that will be realized by these facilities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Compliance costs include an increased 
collection of $0.76 per non-Medicare patient day from each nursing facility 
and a decreased cost of $0.01 per qualifying patient day for the ICF/ID 
providers.  The assessment monies are used to draw down federal matching 
funds that result in higher reimbursement rates than would be possible 
without the assessment monies.  All Medicaid certified nursing and swing bed 
facilities have benefited from this process.  The amount of overall gain or 
loss depends on the number of Medicaid patients in the facility.  In 
addition, there would be an increase in cost to non-Medicaid-certified 
facilities as those facilities would be assessed the higher amount and would 
not realize any payments from Medicaid.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This amendment will fiscally impact business because it 
increases the assessment rates for some types of nursing facilities and 
decreases assessment rates for others.  While the individual per patient day 
assessment changes are small, an exact calculation of the impact on business 
is not possible because the number of days for individual patients is widely 
variable.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
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:  07/01/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40372.htm



HUMAN RESOURCE MANAGEMENT
ADMINISTRATION
No. 40398 (Amendment): R477-1. Definitions.
SUMMARY OF THE RULE OR CHANGE:  This amendment adds the definition of "Leave 
Benefit" and updates numbers of definitions accordingly.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons.  This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40398.htm

No. 40389 (Amendment): R477-4-5. Transfer and Reassignment.
SUMMARY OF THE RULE OR CHANGE:  The changes clarify that a transfer may not 
include an increase in pay.  Also, the amendment changes verbiage to further 
clarify eligibility for longevity increases as they relate to transfer and/or 
reassignment.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons.  This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40389.htm

No. 40390 (Amendment): R477-6. Compensation.
SUMMARY OF THE RULE OR CHANGE:  The amendment redefines "Longevity" as 
"Longevity Salary Increase" to add clarity to the eligibility process for a 
longevity salary increase; adds language to allow for state contributions 
into additional tax-advantaged arrangements other than an HSA; better defines 
salary requirements for state paid life insurance; and adds clarification to 
medical coverage provided as a severance benefit.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons. This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40390.htm

No. 40399 (Amendment): R477-7. Leave.
SUMMARY OF THE RULE OR CHANGE:  This amendment modifies language to clarify 
existing rules; expands on Section R477-7-10 to include provisions for part-
time employees receiving military leave; and removes four-month provisions 
from Sections R477-7-16 and R477-7-17 to better align with Subsection R477-7-
1(9).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons.  This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40399.htm

No. 40391 (Amendment): R477-8. Working Conditions.
SUMMARY OF THE RULE OR CHANGE:  This amendment updates language relating to 
reasonable accommodation in Subsection R477-8-15(1).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons.  This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40391.htm

No. 40392 (Amendment): R477-9. Employee Conduct.
SUMMARY OF THE RULE OR CHANGE:  This amendment reorganizes the format of 
Section R477-9-2, adds clarification on personal interests, and corrects an 
improper citation in Section R477-9-5.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons.  This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40392.htm

No. 40393 (Amendment): R477-10-1. Performance Evaluation.
SUMMARY OF THE RULE OR CHANGE:  This amendment adds language to require 
supervisors to notify employees when performance plans have been completed or 
modified, and modifies language regarding performance plans for probationary 
employees.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons.  This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40393.htm

No. 40394 (Amendment): R477-11. Discipline.
SUMMARY OF THE RULE OR CHANGE:  This amendment changes minor language in the 
existing rule, and removes Subsection R477-11-1(2)(a).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons.  This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40394.htm

No. 40395 (Amendment): R477-12. Separations.
SUMMARY OF THE RULE OR CHANGE:  This amendment updates Section R477-12-2 to 
better clarify management responsibilities and employee rights as they relate 
to abandonment of position, and corrects an incorrect citation in Subsection 
R477-12-3(8)(b).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons.  This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40395.htm

No. 40396 (Amendment): R477-15-1. Policy.
SUMMARY OF THE RULE OR CHANGE:  This amendment updates the formatting of 
Section R477-15-1.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.  This rule only affects the executive branch of state 
government and will have no impact on other persons.  This rule has no 
financial impact on state employees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct affect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the "Utah Personnel Management Act", Title 67, Chapter 19.  This act limits 
the provisions of career service and these rules to employees of the 
executive branch of state government.  The only possible impact may be a very 
slight, indirect affect if an agency passes costs or savings on to business 
through fees.  However, it is anticipated that the minimal costs associated 
with these changes will be absorbed by agency budgets and will have no affect 
on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Hargis by phone at 801-891-5680, or by Internet E-mail at 
ghargis@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt 
Lake City, 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/2016/20160515/40396.htm



LABOR COMMISSION
ADJUDICATION
No. 40359 (Amendment): R602-2-4. Attorney Fees.
SUMMARY OF THE RULE OR CHANGE:  This rule change raises the maximum fee for 
legal services rendered through final commission action from $18,590 to  
$18,728, and for legal services rendered before the Court of Appeals from 
$26,819 to $27,017, and for legal services rendered before the Supreme Court 
from $32,913 to $33,157.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There should be no cost or savings to the state budget 
because attorney fees are paid from the benefits owed to injured workers.
- LOCAL GOVERNMENTS:  There should be no cost or saving to local governments 
because attorney fees are paid from the benefits owed to injured workers.
- SMALL BUSINESSES:  There should be no cost or saving to small businesses 
because attorney fees are paid from the benefits owed to injured workers.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will a slight cost to injured workers because attorney fees 
are paid from the benefits owed to them.  There should not be a cost or 
savings to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will a slight cost to injured 
workers because attorney fees are paid from the benefits owed to them.  There 
should not be a cost or savings to other persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There should be no fiscal impact from this rule on businesses as 
attorney fees are paid out of the benefits owed to injured workers.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Heather Gunnarson by phone at 801-536-7928, by FAX at 801-530-6333, or by 
Internet E-mail at hgunnarson@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40359.htm


BOILER AND ELEVATOR SAFETY
No. 40357 (Amendment): R616-2-3. Safety Codes and Rules for Boilers and 
Pressure Vessels.
SUMMARY OF THE RULE OR CHANGE:  The changes include incorporation of current 
safety codes as they apply to boilers and pressure vessels in the State of 
Utah as follows:  "American Society of Mechanical Engineers (ASME) Boiler and 
Pressure Vessel Code - 2015" -- Section I Rules for Construction of Power 
Boilers, Section IV Rules for Construction of Hearing Boilers, and Section 
VIII Rules for Construction of Pressure Vessels;  "Power Piping B31.1 - 
2014"; "Controls and Safety Devices for Automatically Fired Boilers ASME CSD-
1 - 2105"; "National Board Inspection Code Part 3 -2015"; "NFPA 85 Boiler and 
Combustion Systems Hazard Code - 2015 edition"; and "Pressure Vessel 
Inspection Code: Maintenance Inspection, Rating, Repair and Alteration API 
510 tenth edition - 2014".
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The initial cost to purchase all of these code books for 
the Division of Boiler, Elevator and Coal Mine Safety and for Administration 
Rules was $2,569.70.  Other than the cost to purchase these books, the 
Division is not aware of any other cost that will be incurred at the time of 
installation or during maintenance due to the incorporation of these codes.
- LOCAL GOVERNMENTS:  Other than the cost to purchase these books, if 
desired, the Division is not aware of any other cost that will be incurred by 
local governments at the time of installation or during maintenance due to 
the incorporation of these codes.  Purchase of these books is not required.
- SMALL BUSINESSES:  Other than the cost to purchase these books, if desired, 
the Division is not aware of any other cost that will be incurred by small 
businesses at the time of installation or during maintenance due to the 
incorporation of these codes.  Purchase of these books is not required.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Other than the cost to purchase these books, if desired, the 
Division is not aware of any other cost that will be incurred by persons 
other than small businesses, businesses, or local government entities at the 
time of installation or during maintenance due to the incorporation of these 
codes.  Purchase of these books is not required.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Other than the cost to purchase these 
books, if desired, the Division is not aware of any other cost that will be 
incurred at the time of installation or during maintenance due to the 
incorporation of these codes.  Purchase of these books is not required.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Other than the cost to purchase these books, if desired, I am 
not aware of any other cost that will be incurred at the time of installation 
or during maintenance due to the incorporation of these codes.  Purchase of 
these books is not required.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by 
Internet E-mail at awindham@utah.gov
- Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by 
Internet E-mail at phackford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/22/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40357.htm

No. 40358 (Amendment): R616-3-3. Safety Codes for Elevators.
SUMMARY OF THE RULE OR CHANGE:  The changes include the incorporation of 
current safety codes as they apply to elevators and escalators as defined in 
Section 34A-7-202 as follows:  "ASME A17.3-2015 Safety Code for Existing 
Elevators and Escalators"; "ASME A90.1 - 2015 Standard for Belt Manlifts"; 
"ANSI A10-4 - 2016 Safety Requirements for Personnel Hoists and Employee 
Elevators for Construction and Demolition Operations"; and "ASME 18.1 - 2014 
Safety Standard for Platform Lifts and Stairway Chairlifts".
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The initial cost to purchase all of these codes books 
both for the Division of Boiler, Elevator and Cola Mine Safety and for 
Administrative Rules was $478.25.  Other than the cost to purchase these 
books, the Division is not aware of any other cost that will be incurred, at 
the time of installation or during maintenance, due to the incorporation of 
these codes.
- LOCAL GOVERNMENTS:  Other than the cost to purchase these books, if 
desired, the Division is not aware of any other cost that will be incurred by 
local governments at the time of installation or during maintenance due to 
the incorporation of these codes.  Purchase of these books is not required.
- SMALL BUSINESSES:  Other than the cost to purchase these books, if desired, 
the Division is not aware of any other cost that will be incurred by small 
businesses at the time of installation or during maintenance due to the 
incorporation of these codes.  Purchase of these books is not required.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Other than the cost to purchase these books, if desired, the 
Division is not aware of any other cost that will be incurred by persons 
other than small businesses, businesses, or local government entities at the 
time of installation or during maintenance due to the incorporation of these 
codes.  Purchase of these books is not required.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Other than the cost to purchase these 
books, if desired, the Division is not aware of any other cost that will be 
incurred at the time of installation or during maintenance due to the 
incorporation of these codes.  Purchase of these books is not required.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Other than the cost to purchase these books, if desired, I am 
not aware of any other cost that will be incurred at the time of installation 
or during maintenance due to the incorporation of these codes.  Purchase of 
these books is not required.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by 
Internet E-mail at awindham@utah.gov
- Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by 
Internet E-mail at phackford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/22/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40358.htm



NAVAJO TRUST FUND
TRUSTEES
No. 40347 (New Rule): R661-9. Utah Navajo Trust Fund Public Facility 
Projects.
SUMMARY OF THE RULE OR CHANGE:  The rule outlines the requirements for 
funding of Chapter Public Facility Projects by the Utah Navajo Trust Fund.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to state budget 
as a result of this rule because this rule sets out the requirements for the 
Utah Navajo Chapters to apply for funding from the Trust Fund for Public 
Facility Projects.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government as a result of this rule because this rule sets out the 
requirements for Utah Navajo Chapters to apply for funding from the Trust 
Fund for Public Facility Projects.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses as a result of this rule because this rule sets out the 
requirements for Utah Navajo Chapters to apply for funding from the Trust 
Fund for Public Facility Projects.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses or local government entities as a result of this rule 
because this rule sets out the requirements for Utah Navajo Chapters to apply 
for funding from the Trust Fund for Public Facility Projects.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons as a result of this rule because this rule sets out the 
requirements for Utah Navajo Chapters to apply for funding from the Trust 
Fund for Public Facility Projects.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impacts on business because this rule sets 
out the requirements for Utah Navajo Chapters to apply for funding from the 
Trust Fund for Public Facility Projects.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at 
kkinsman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40347.htm

No. 40348 (New Rule): R661-10. Utah Navajo Trust Fund Short-Term Training 
Program.
SUMMARY OF THE RULE OR CHANGE:  This rule outlines the requirements to 
receiving funding from the Utah Navajo Trust Fund for short-term training 
programs.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to state budget 
as a result of this rule because the rule sets out the requirements for 
individuals to obtain funding from the Utah Navajo Trust Fund for short-term 
training programs.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government as a result of this rule because the rule sets out the 
requirements for individuals to obtain funding from the Utah Navajo Trust 
Fund for short-term training programs.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses as a result of this rule because the rule sets out the 
requirements for individuals to obtain funding from the Utah Navajo Trust 
Fund for short-term training programs.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses or local government entities as a result of this rule 
because the rule sets out the requirements for individuals to obtain funding 
from the Utah Navajo Trust Fund for short-term training programs.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons because the rule sets out the requirements for individuals 
to obtain funding from the Utah Navajo Trust Fund for short-term training 
programs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on businesses because the rule sets 
out the requirements for individuals to obtain funding from the Utah Navajo 
Trust Fund for short-term training programs.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at 
kkinsman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40348.htm

No. 40349 (New Rule): R661-11. Utah Navajo Trust Fund Water Development 
Projects Culinary and Septic Systems.
SUMMARY OF THE RULE OR CHANGE:  The rule sets forth the requirements to 
obtain funding from the Utah Navajo Trust Fund for water development 
projects.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to state 
budget as a result of this rule because this rule sets out the requirements 
to receive funding from the Utah Navajo Trust Fund.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government as a result of this rule because this rule sets out the 
requirements to receive funding from the Utah Navajo Trust Fund.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses as a result of this rule because this rule sets out the 
requirements to receive funding from the Utah Navajo Trust Fund.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to persons other than 
small businesses, businesses, or local government entities as a result of 
this rule because this rule sets out the requirements to receive funding from 
the Utah Navajo Trust Fund.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons as a result of this rule because this rule sets out the 
requirements to receive funding from the Utah Navajo Trust Fund.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on business as a result of this rule 
because this rule sets out the requirements to receive funding from the Utah 
Navajo Trust Fund.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at 
kkinsman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40349.htm

No. 40350 (New Rule): R661-12. Utah Navajo Trust Fund Homesite Lease 
Assistance Program.
SUMMARY OF THE RULE OR CHANGE:  The rule provides the requirements to obtain 
funding from the Utah Navajo Trust Fund to assist with obtaining a homesite 
lease on Navajo Reservation.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to state budget 
as a result of this rule because the rule sets out the requirements to obtain 
funding from the Utah Navajo Trust Fund.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government as a result of this rule because the rule sets out the 
requirements to obtain funding from the Utah Navajo Trust Fund.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses as a result of this rule because the rule sets out the 
requirements to obtain funding from the Utah Navajo Trust Fund.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities as a result of this rule 
because the rule sets out the requirements to obtain funding from the Utah 
Navajo Trust Fund.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons as a result of this rule because the rule sets out the 
requirements to obtain funding from the Utah Navajo Trust Fund.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on businesses as a result of this rule 
because the rule sets out the requirements to obtain funding from the Utah 
Navajo Trust Fund.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2016
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at 
kkinsman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40350.htm




4.  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.


ALCOHOLIC BEVERAGE CONTROL
ADMINISTRATION
No. 40376 (5-year Review): R81-1. Scope, Definitions, and General Provisions.
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 regulates the sale and service of alcoholic beverages within the 
state of Utah.  It defines the terms used within all of Title R81; 
establishes policies for payment of liquor; states that the department is an 
equal opportunity employer; establishes standards for providing notice of 
public hearings and meetings; addresses procedures for the department's 
handling of liquor law violations by licensees, including disciplinary 
hearings and consent calendar guidelines; establishes requirements for liquor 
and wine dispensing; regulates multiple-licensed facilities; sets standards 
and record requirements for attendance of alcohol education seminars by 
licensees and their employees; and sets guidelines for compliance with the 
Government Records Access and Management Act (GRAMA) and the Americans with 
Disabilities Act (ADA).  The rule also sets guidelines for Commission 
declaratory orders; establishes definitions and standards for disqualifying 
individuals with certain criminal backgrounds from being involved in the sale 
and service of alcoholic beverages; clarifies advertising prohibitions; sets 
guidelines for emergency and electronic meetings; establishes rules for beer 
advertising at event venues; establishes guidelines for diplomatic embassy 
shipments and purchases; sets rules for the department's sale of limited-
availability items; requires designated licenses to submit and implement a 
responsible alcohol service plan; outlines procedures for malted beverage 
label approval and state approval for sexually-orientated businesses; factors 
for granting licenses; defines duties of the Commission Subcommittees; and 
establishes procedures for reapplication of a denied license.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40376.htm

No. 40378 (5-year Review): R81-2. State Stores.
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 regulates operations in state liquor stores.  It addresses for 
liquor returns, refunds, and exchanges; requires that state stores post a 
warning sign; establishes guidelines to ensure employees acquire appropriate 
identification from customers; addresses what advertising is permitted; sets 
standards for refusal of service; prohibits minors from purchasing alcoholic 
beverages; establishes standards for accepting checks and credit cards for 
the purchase of alcoholic beverages; establishes store hours; designates how 
much access industry members may have to the stores' premises; and 
establishes procedures for store site selection.  All of the regulations set 
forth in this rule remain important and applicable to liquor store 
operations.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40378.htm

No. 40379 (5-year Review): R81-3. Package Agencies.
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 regulates operations at liquor package agencies throughout the 
state of Utah.  It defines the five package agency types; addresses 
requirements for a change of package agency operator or location; clarifies 
compliance bond requirements; establishes procedures for special orders of 
liquor by the public and procedures for the return, refund, or exchange of 
liquor; requires package agents to post a warning sign on the premises; 
establishes guidelines for appropriate identification for liquor purchases; 
addresses how each type of package agency may list and promote products; 
establishes requirements for package agents who sell liquor on consignment; 
establishes application and evaluation guidelines for persons requesting a 
package agency contract; sets the operational restrictions for each agency 
type; sets guidelines for refusal of service to patrons; addresses the issue 
of minors on the package agency premises; permits type 4 package agencies to 
provide room service; and sets guidelines for package agency personnel to 
accept credit cards for the purchase of liquor.  All of the regulations set 
forth in this rule remain important and applicable to the operations of a 
liquor package agency.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40379.htm

No. 40381 (5-year Review): R81-4A. Restaurant Liquor Licenses.
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 regulates operations at establishments holding full-service 
restaurant liquor licenses.  It establishes operational guidelines for 
businesses that operate with a liquor license during some hours of the day 
and a beer license during other hours of the same day; establishes a deadline 
of the 10th of the month for license applications; clarifies compliance bond 
and insurance requirements; establishes procedures by which a restaurant 
licensee orders liquor from liquor stores; sets hours of operation; 
establishes food sale and record requirements; sets liquor storage 
requirements; establishes regulations for the use of alcoholic product 
flavorings; requires that alcoholic beverage service and consumption must be 
at a patron's table; sets requirements for alcoholic beverage menus and price 
lists; requires restaurant employees to wear an ID badge; permits brown 
bagging of alcoholic beverages onto the restaurant premises for use at 
privately-hosted events and defines grandfathered bar structures.  All of the 
regulations set forth in this rule remain important and applicable to the 
operations of a full-service restaurant.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40381.htm

No. 40382 (5-year Review): R81-5. Club Licenses.
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 regulates operations at establishments licensed as clubs.  It sets 
guidelines for license application procedures and establishes operational 
restrictions for the different club classifications; addresses bond and 
insurance requirements; sets advertising requirements; establishes procedures 
for the purchase of liquor from state liquor stores; sets operating hours; 
permits private club customers to run a tab for the purchase of alcoholic 
beverages; permits liquor products used for all purposes including cooking 
and flavoring to be stored in a common storage area; identifies liquor price 
list requirements; establishes requirements for employee ID badges; allows 
patrons to bring alcoholic beverages onto the club's premises for privately 
hosted events; establishes procedures for assessing club membership fees; 
prohibits minors from being in lounge or bar areas of equity, fraternal and 
dining clubs; and sets regulations for age verification in social and dining 
clubs. All of the regulations set forth in this rule remain important and 
applicable to the operations of a club.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40382.htm

No. 40383 (5-year Review): R81-6. Special Use Permits.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule regulates operations of those holding a special use permit.  It 
underscores the fact that a special use permit applicant must present the 
department with a completed application before the ABC Commission may 
consider granting the permit; requires that a public service permittee must 
post a warning sign in its hospitality room; allows industrial, 
manufacturing, scientific, educational, or health care permit holders to 
purchase alcohol directly from alcohol manufacturers; sets operational 
guidelines for public service permittees including provisions for making 
alcohol purchases and keeping records; sets operational restrictions for 
educational wine judging seminars; and establishes provisions by which those 
holding religious wine permits may purchase wine for religious ceremonies.  
All of the regulations set forth in this rule remain important and applicable 
to the operations of a special use permittee.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40383.htm

No. 40384 (5-year Review): R81-7. Event Permits.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule regulates the alcoholic beverage operations of individuals and 
groups holding single event permits and temporary beer event permits.  It 
establishes application requirements; it establishes guidelines and 
restrictions for alcoholic beverage sales and service; and it sets 
requirements for printed alcoholic beverage price lists.  All of the 
regulations set forth in this rule remain important and applicable to the 
operations of a single event permittee.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40384.htm

No. 40385 (5-year Review): R81-8. Manufacturer Licenses (Distillery, Winery, 
Brewery).
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule regulates operations of manufacturers who produce spirituous 
liquors, wines, and beers within the state of Utah.  It underscores the need 
for those desiring a manufacturing license to bring a completed application 
before the ABC Commission for approval; requires brewers located outside the 
state of Utah to obtain a certificate of approval from the department before 
selling or delivering beer to licensed wholesalers or retailers in the state; 
and regulates the operations of wine tasting facilities on the premises of 
licensed wineries.  All of the regulations set forth in this rule remain 
important and applicable to the operations of alcoholic beverages 
manufacturers located within the state of Utah.  Therefore, this rule should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40385.htm

No. 40386 (5-year Review): R81-9. Liquor Warehousing Licenses.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule regulates operations of liquor warehouses within the state of Utah.  
It underscores the requirement for persons who want to store liquor in 
warehouses in the state to file a completed application for the ABC 
Commission's consideration; regulates the transporting of liquor and beer to 
the Department of Alcoholic Beverage Control (DABC) and federal military 
installations within the state; sets requirements and standards for 
maintaining shipping records; and mandates that liquor warehouse licensees 
permit audits and inspections by authorized DABC personnel.  All of the 
regulations set forth in this rule remain important and applicable to the 
operations of liquor warehouses.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40386.htm

No. 40387 (5-year Review): R81-11. Beer Wholesaler Licenses.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule regulates operations of licensed beer wholesalers located in the 
state of Utah.  It underscores the need for a license applicant to submit a 
completed application for ABC Commission approval; regulates the transfer of 
a license to another person; requires ABC Commission approval for a change of 
trade name; and establishes guidelines for transferring the license in the 
event of the death of a partner when the license is held by a partnership.  
All of the regulations set forth in this rule remain important and applicable 
to the operations of a beer wholesaler.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40387.htm

No. 40388 (5-year Review): R81-12. Local Industry Representative Licenses 
(Distillery, Winery, Brewery).
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule regulates persons licensed to represent manufacturers of spirituous 
liquors, wines, and beers within the state of Utah.  It underscores the need 
for the applicant to file a completed application for ABC Commission 
approval; and regulates the activities of manufacturer representatives who 
choose to participate in educational seminars involving alcoholic beverage 
products.  All of the regulations set forth in this rule remain important and 
applicable to the operations of manufacturer representatives.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Andrew Hofeling by phone at 801-977-6835, by FAX at 801-977-6888, or by 
Internet E-mail at ahofeling@utah.gov
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40388.htm



COMMERCE
CONSUMER PROTECTION
No. 40342 (5-year Review): R152-11. Utah Consumer Sales Practices Act.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  As 
noted previously, DCP is required by statute to maintain rules of this 
nature.  The "Utah Consumer Sales Practices Act" (CSPA) allows DCP to 
investigate and enforce Section 13-11-4 against those who engage in deceptive 
acts.  Certain deceptive acts are delineated in the CSPA, but the rule allows 
DCP to further define specific violations of deceptive acts.  DCP uses the 
statutorily mandated Rule R152-11 on a daily basis to help protect consumers 
from deceptive acts.  Rule R152-11 is effective at targeting commonly 
complained of deceptive behavior.  Without Rule R152-11, DCP would not be as 
effective at deterring deceptive acts or practices.  This, along with the 
requirement to have substantive rules establishing deceptive acts or 
practices, justifies the continuance of this rule as implemented.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jacob Hart by phone at 801-530-6636, or by Internet E-mail at 
jfhart@utah.gov
EFFECTIVE:  04/19/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40342.htm

No. 40341 (5-year Review): R152-26. Telephone Fraud Prevention Act.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R152-26 assists DCP in administering the TFPA, especially with regard to 
the statutory requirement for telephone soliciting businesses to register 
with DCP.  This rule provides important clarification to the public about 
registration under the TFPA.  For instance, the rule clarifies that a 
registration may be denied if the registrant has committed violations of law 
set forth in Section 13-26-11.  It also sets forth the circumstances under 
which the Division may make a demand on a bond, irrevocable letter of credit, 
or certificate of deposit.  This rule continues to be of practical importance 
in administering the TFPA's registration and is used on a regular basis.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jacob Hart by phone at 801-530-6636, or by Internet E-mail at 
jfhart@utah.gov
EFFECTIVE:  04/19/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40341.htm


CORPORATIONS AND COMMERCIAL CODE
No. 40371 (5-year Review): R154-2. Utah Uniform Commercial Code, Revised 
Article 9 Rules.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The statute is still active.  Therefore, the rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathy Berg by phone at 801-530-6216, by FAX at 801-530-6438, or by Internet 
E-mail at kberg@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40371.htm


OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 40354 (5-year Review): R156-9. Funeral Service Licensing Act Rule.
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 should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure as allowed under statutory 
authority provided in Title 58, Chapter 9, with respect to funeral service 
directors, funeral service interns, funeral service establishments, and 
preneed funeral arrangement sales agents.  The rule should also be continued 
as it provides information to ensure applicants for licensure are adequately 
trained and meet minimum licensure requirements and provides licensees with 
information concerning unprofessional conduct, definitions, and ethical 
standards relating to the profession.
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
EFFECTIVE:  04/26/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40354.htm

No. 40352 (5-year Review): R156-40. Recreational Therapy Practice Act Rule.
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 should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure, as allowed under statutory 
authority provided in Title 58, Chapter 40, with respect to recreational 
therapists.  The rule should also be continued as it provides information to 
ensure applicants for licensure are adequately trained and meet minimum 
licensure requirements and provides licensees with information concerning 
unprofessional conduct, definitions, and ethical standards relating to the 
profession.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Dane Ishihara by phone at 801-530-7632, by FAX at 801-530-6511, or by 
Internet E-mail at dishihara@utah.gov
EFFECTIVE:  04/26/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40352.htm

No. 40355 (5-year Review): R156-57. Respiratory Care Practices Act Rule.
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 should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure, as allowed under statutory 
authority provided in Title 58, Chapter 57, with respect to respiratory care 
practitioners.  The rule should also be continued as it provides information 
to ensure applicants for licensure are adequately trained and meet minimum 
licensure requirements and provides licensees with information concerning 
unprofessional conduct, definitions, and ethical standards relating to the 
profession.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by 
Internet E-mail at janajohansen@utah.gov
EFFECTIVE:  04/26/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40355.htm

No. 40353 (5-year Review): R156-77. Direct-Entry Midwife Act Rule.
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 should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure, as allowed under statutory 
authority provided in Title 58, Chapter 77, with respect to direct-entry 
midwives.  The rule should also be continued as it provides information to 
ensure applicants for licensure are adequately trained and meet minimum 
licensure requirements and provides licensees with information concerning 
unprofessional conduct, definitions, and ethical standards relating to the 
profession.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Suzette Farmer by phone at 801-530-6789, by FAX at 801-530-6511, or by 
Internet E-mail at sfarmer@utah.gov
EFFECTIVE:  04/26/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40353.htm



COMMUNICATIONS AUTHORITY BOARD (UTAH)
ADMINISTRATION
No. 40397 (5-year Review): R174-1. Utah 911 Advisory Committee.
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 required for the continuation of the operation of the committee 
and procedures whereby the committee shall award funds to PSAPs and dispatch 
centers throughout the state of Utah for the establishment and maintenance of 
a statewide unified E-911 emergency system, and to establish the framework to 
provide grants from the Computer Aided Dispatch (CAD) Restricted Account.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Eric Parry by phone at 801-857-5825, by FAX at 801-840-4242, or by Internet 
E-mail at eparry@uca911.org
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40397.htm



HEALTH
DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES
No. 40356 (5-year Review): R392-110. Home-based Child Care Food Service.
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 Rule R392-110 is recommended by the residential child care 
advisory committee.  An entity serving food to the public is required to 
abide by Rule R392-100 "Food Service Sanitation", which is the food safety 
code used by the local health departments in Utah.  Rule R430-50 "Residential 
Certificate Child Care" requires certified facilities to meet local health 
department food codes.  Without Rule R392-110, these residential child care 
providers would be required to meet the full requirements of Rule R391-100, 
which normally apply to full service food establishments, meaning extensive 
plumbing and finished remodels of the homes.  Rule R392-110 establishes a 
minimum set of standards that a home kitchen serving as a food preparation 
area for a residential child care can meet that also will protect the health 
and safety of the children.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Chris Nelson by phone at 801-538-6739, or by Internet E-mail at 
chrisnelson@utah.gov
EFFECTIVE:  04/26/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40356.htm



INSURANCE
ADMINISTRATION
No. 40346 (5-year Review): R590-208. Uniform Application for Certificates of 
Authority.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  It 
is important that the department specify that insurers use the NAIC 
certificate of authority application, provided by the NAIC, to ensure uniform 
information from all insurers that apply.  By having the same certificate of 
insurance application, the Department makes it easier and less time consuming 
for insurers to apply for a certificate of insurance from more than one state 
at a time.  Therefore, this rule should be continued.
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:  04/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40346.htm

No. 40345 (5-year Review): R590-235. Medicare Prescription Drug Plan.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule establishes standards and requirements the PDP must meet before 
selling insurance.  These standards are much the same as other insurers 
requiring the PDP to submit quarterly and annual statements, and they must 
comply with capital and surplus limits set within the rule and risk-based 
capital requirements set within the code.  Linking these standards and 
requirements with the PDP allows the department to check their financial 
stability, giving greater assurance to consumers about the ability of the PDP 
to provide the benefits within their policy.  Therefore, this rule should be 
continued.
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:  04/21/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40345.htm



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 40370 (5-year Review): R657-48. Wildlife Species of Concern and Habitat 
Designation Advisory Committee.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Division of Wildlife Resources thinks Rule R657-48 should be 
continued.  This rule:  1) establishes the Wildlife Species of Concern and 
Habitat Designation Advisory Committee; 2) defines the procedure for 
designating wildlife species of concern as part of a process to preclude 
listing under the federal Endangered Species Act; and 3) defines the 
procedure for review and identification of wildlife habitat and management 
recommendations relating to significant land use development projects.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
EFFECTIVE:  05/02/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40370.htm



REGENTS (BOARD OF)
ADMINISTRATION
No. 40343 (5-year Review): R765-608. Utah Engineering and Computer Science 
Scholarship 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 since the State Legislature continues 
to fund a very small amount for this program each year.  Students who receive 
funding from this scholarship are able to complete their educational pursuits 
in the engineering and computer science fields.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by 
Internet E-mail at rcrossley@utahsbr.edu
EFFECTIVE:  04/19/2016
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2016/20160515/40343.htm




5.  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
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 40217  (AMD): R156-17b.Pharmacy Practice Act Rule
Published:  03/15/2016
Effective:  04/21/2016

No. 40218  (AMD): R156-17b-614a.Operating Standards - General Operating 
Standards, Class A and B Pharmacy
Published:  03/15/2016
Effective:  04/21/2016

No. 40216  (AMD): R156-37.Utah Controlled Substances Act Rule
Published:  03/15/2016
Effective:  04/21/2016

No. 40219  (AMD): R156-55a.Utah Construction Trades Licensing Act Rule
Published:  03/15/2016
Effective:  04/21/2016



ENVIRONMENTAL QUALITY
DRINKING WATER
No. 40031  (AMD): R309-105-4.General
Published:  01/15/2016
Effective:  05/01/2016

No. 40032  (AMD): R309-110-4.Definitions
Published:  01/15/2016
Effective:  05/01/2016

No. 40033  (AMD): R309-200-5.Primary Drinking Water Standards
Published:  01/15/2016
Effective:  05/01/2016

No. 40034  (AMD): R309-210.Monitoring and Water Quality:  Distribution System 
Monitoring Requirements
Published:  01/15/2016
Effective:  05/01/2016

No. 40035  (NEW): R309-211.Monitoring and Water Quality:  Distribution System 
-- Total Coliform Requirements
Published:  01/15/2016
Effective:  05/01/2016

No. 40036  (AMD): R309-215.Monitoring and Water Quality:  Treatment Plant 
Monitoring Requirements
Published:  01/15/2016
Effective:  05/01/2016

No. 40037  (AMD): R309-220.Monitoring and Water Quality:  Public Notification 
Requirements
Published:  01/15/2016
Effective:  05/01/2016

No. 40038  (AMD): R309-225.Monitoring and Water Quality:  Consumer Confidence 
Reports
Published:  01/15/2016
Effective:  05/01/2016



JUDICIAL PERFORMANCE EVALUATION COMMISSION
ADMINISTRATION
No. 40192  (AMD): R597-3-5.Public Comments
Published:  03/01/2016
Effective:  04/20/2016



NATURAL RESOURCES
PARKS AND RECREATION
No. 40213  (AMD): R651-412.Curriculum Standards for OHV Education Programs 
Offered by Non-Division Entities
Published:  03/15/2016
Effective:  04/21/2016

No. 40215  (AMD): R651-637.Antelope Island State Park Special Mule Deer and 
Bighorn Sheep Hunt
Published:  03/15/2016
Effective:  04/21/2016




6.  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 .


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