Utah State Digest, Vol. 2016, No. 13 (July 1, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed June 2, 2016, 12:00 AM through June 15, 2016, 11:59 PM Volume 2016, No. 13 July 1, 2016 Prepared by Office 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 Office 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: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at 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. ************************************************ Office 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. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. EDITOR'S NOTES Incorrect Text Published for Filing No. 40448, Rule R651-602, in the June 15, 2016, Bulletin - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/ed157676.htm 2. SPECIAL NOTICES Access Monitoring Review Plan - 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/2016/20160701/sn157639.htm 3. 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 Office of Administrative Rules for publication and distribution. Calling the Sixty-First Legislature Into the Eleventh Extraordinary Session, Utah Proclamation No. 2016-11E - 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/ExecDoc157627.htm 4. 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 June 2, 2016, 12:00 a.m., and June 15, 2016, 11:59 p.m. are summarized in this, the July 1, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the July 1, 2016, issue of the Utah State Bulletin until at least August 1, 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 October 29, 2016, the agency may notify the Office 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 Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE SECURITIES No. 40498 (Repeal): R164-31. Administrative Fines. SUMMARY OF THE RULE OR CHANGE: This rule is being repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The repeal of this rule will not result in any anticipated cost or savings to the state budget because the rule merely identified factors to be considered when administrative fines are imposed, and that rule has now been incorporated into statute. - LOCAL GOVERNMENTS: The repeal of this rule will not result in any anticipated cost or savings to local government because the rule merely identified factors to be considered when administrative fines are imposed, and that rule has now been incorporated into statute. - SMALL BUSINESSES: The repeal of this rule will not result in any anticipated cost or savings to the small businesses because the rule merely identified factors to be considered when administrative fines are imposed, and that rule has now been incorporated into statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repeal of this rule will not result in any anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the rule merely identified factors to be considered when administrative fines are imposed, and that rule has now been incorporated into statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because the repeal of this rule, which identified factors to be considered when imposing administrative fines, does not require that any person take any action to ensure compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This repeal deletes a rule that has been incorporated into Section 61-1-31 of the Utah Uniform Securities Act. No fiscal impact to businesses is anticipated by this rule repeal. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at clyons@utah.gov - Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at kwoodwell@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40498.htm EDUCATION ADMINISTRATION No. 40501 (Amendment): R277-99 (Changed to R277-100). Definitions for Utah State Board of Education (Board) Rules. SUMMARY OF THE RULE OR CHANGE: Subsection 53A-1-401(3) is changed to Section 53A-1-401, and the language is changed to reflect current state law; the definition of SEOP is updated to reflect current terminology; and the rule number R277-99 is changed to R277-100. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule provide updated statutory language and a change to a definition, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule provide updated statutory language and a change to a definition, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule provide updated statutory language and a change to a definition, 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 this rule provide updated statutory language and a change to a definition, 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 this rule provide updated statutory language and a change to a definition, 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 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40501.htm No. 40502 (New Rule): R277-210. Utah Professional Practices Advisory Commission (UPPAC), Definitions. SUMMARY OF THE RULE OR CHANGE: R277-210 provides definitions used in UPPAC activities and applies to Rules R277-210 through R277-216. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-210 is filed to replace Rule R277- 200, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-210 is filed to replace Rule R277- 200, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule R277-210 is filed to replace Rule R277- 200, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-210 is filed to replace Rule R277-200, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-210 is filed to replace Rule R277-200, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40502.htm No. 40503 (New Rule): R277-211. Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions. SUMMARY OF THE RULE OR CHANGE: Rule R277-211 provides procedures regarding notifications of alleged educator misconduct; review of notifications by UPPAC; and complaints, proposed stipulated agreements, approved stipulated agreements, and defaults. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-211 is filed to replace Rule R277- 201, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-211 is filed to replace Rule R277- 201, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule R277-211 is filed to replace Rule R277- 201, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-211 is filed to replace Rule R277-201, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-211 is filed to replace Rule R277-201, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40503.htm No. 40504 (New Rule): R277-212. UPPAC Hearing Procedures and Reports. SUMMARY OF THE RULE OR CHANGE: Rule R277-212 provides procedures regarding UPPAC hearings and hearing reports. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-212 is filed to replace Rule R277- 202, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-212 is filed to replace Rule R277- 202, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule R277-212 is filed to replace Rule R277- 202, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-212 is filed to replace Rule R277-202, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-212 is filed to replace Rule R277-202, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40504.htm No. 40505 (New Rule): R277-213. Request for Licensure Reinstatement and Reinstatement Procedures. SUMMARY OF THE RULE OR CHANGE: Rule R277-213 provides procedures regarding educator license reinstatement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-213 is filed to replace Rule R277- 203, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-213 is filed to replace Rule R277- 203, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule R277-213 is filed to replace Rule R277- 203, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-213 is filed to replace Rule R277-203, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-213 is filed to replace Rule R277-203, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40505.htm No. 40506 (New Rule): R277-215. Utah Professional Practices Advisory Commission (UPPAC), Disciplinary Rebuttable Presumptions. SUMMARY OF THE RULE OR CHANGE: Rule R277-215 provides rebuttable presumptions for UPPAC and Board review of UPPAC cases. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-215 is filed to replace Rule R277- 207, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-215 is filed to replace Rule R277- 207, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new Rule R277-215 is filed to replace Rule R277- 207, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-215 is filed to replace Rule R277-207, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-215 is filed to replace Rule R277-207, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40506.htm No. 40507 (Amendment): R277-404. Requirements for Assessments of Student Achievement. SUMMARY OF THE RULE OR CHANGE: Rule R277-404 is amended to update the rule consistent with the new legislation; to include specific names of assessments, which the Board has designated as required in statute; and to provide technical and conforming changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, 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 R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, 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 R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, 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 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40507.htm No. 40508 (Amendment): R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP). SUMMARY OF THE RULE OR CHANGE: Amendments to this rule remove Section R277- 490-8, Program Reporting, because the reporting requirement is no longer required under state law, and provide technical and conforming changes throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule remove unnecessary language and provide technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule remove unnecessary language and provide technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule remove unnecessary language and provide technical and conforming 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 this rule remove unnecessary language and provide technical and conforming 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 this rule remove unnecessary language and provide technical and conforming 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 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40508.htm No. 40509 (New Rule): R277-511. Academic Pathway to Teaching (APT) Level 1 License. SUMMARY OF THE RULE OR CHANGE: Rule R277-511 provides definitions, superintendent responsibilities and requirements for an applicant to obtain an educator license, and for a local education agency (LEA) to employ an APT license holder. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule provides an additional process for an individual to obtain an educator license, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new rule provides an additional process for an individual to obtain an educator license, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule provides an additional process for an individual to obtain an educator license, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule provides an additional process for an individual to obtain an educator license, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new rule provides an additional process for an individual to obtain an educator license, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40509.htm No. 40510 (Amendment): R277-515. Utah Educator Standards. SUMMARY OF THE RULE OR CHANGE: The amendments provide clearer standards on issues related to grooming and boundaries, add provisions regarding educator use of technology, provide clarification regarding matters that should be reported, and add a provision to the rule that educators must review the standards and reporting rules and annually sign a form acknowledging that the educator has read and understands the rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule provide updated standards and provisions for educators to comply with, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule provide updated standards and provisions for educators to comply with, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule provide updated standards and provisions for educators to comply with, 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 this rule provide updated standards and provisions for educators to comply with, 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 this rule provide updated standards and provisions for educators to comply with, 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 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40510.htm No. 40511 (Amendment): R277-516. Background Check Policies and Required Reports of Arrests for Licensed Educators, Volunteers, Non-licensed Employees, and Charter School Governing Board Members. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule provide clarification on when educator reporting is required, as well as add a provision for the State Superintendent of Public Instruction to withhold funds from a local education agency (LEA) if the LEA fails to meet reporting requirements under this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule provide updated standards and provisions for LEAs and educators to comply with, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule provide updated standards and provisions for LEAs and educators to comply with, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule provide updated standards and provisions for LEAs and educators to comply with, 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 this rule provide updated standards and provisions for LEAs and educators to comply with, which likely will not result in a cost or savings to small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule provide updated standards and provisions for LEAs and educators to comply with, 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 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40511.htm No. 40512 (Amendment): R277-533. District Educator Evaluation Systems. SUMMARY OF THE RULE OR CHANGE: This rule is amended in response to H.B. 201 (2016), which prohibits a school district from using student scores on the SAGE end-of-level assessment for the evaluation and compensation of the school district's educators and administrators. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule remove language that is prohibited in state law and provide technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule remove language that is prohibited in state law and provide technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule remove language that is prohibited in state law and provide technical and conforming 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 this rule remove language that is prohibited in state law and provide technical and conforming 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 this rule remove language that is prohibited in state law and provide technical and conforming 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 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40512.htm No. 40513 (Amendment): R277-710. Intergenerational Poverty Interventions in Public Schools. SUMMARY OF THE RULE OR CHANGE: Consistent with H.B. 40 (2016), the Legislative Education Interim Committee is removed from the rule as a required recipient of an annual report providing information on intergenerational grant money and progress. The amendments also provide technical and conforming changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming 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: Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming 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 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40513.htm No. 40514 (Repeal and Reenact): R277-713. Concurrent Enrollment of High School Students in College Courses. SUMMARY OF THE RULE OR CHANGE: Making technical changes, renumbering, and consolidating provisions that were provided multiple times in the rule, and converting language from passive to active voice necessitated a repeal and reenact. The reenacted rule removes language that is outdated, is already in statute, or does not conform to the Utah Administrative Rulemaking Act. It further clarifies central administration of the program, emphasizing its joint nature between partner agencies, and clarifies the process for initiating and approving courses that can be funded by concurrent enrollment funds. New provisions for accelerated foreign language courses, recently required by the statute, are included. The new language also requires a level 4 math endorsement to teach certain concurrent enrollment math courses. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The reenacted rule provides language required by H.B. 182 (2016) and S.B. 152 (2016), as well as providing technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The reenacted rule provides language required by H.B. 182 (2016) and S.B. 152 (2016), as well as providing technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The reenacted rule provides language required by H.B. 182 (2016) and S.B. 152 (2016), as well as providing technical and conforming 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 reenacted rule provides language required by H.B. 182 (2016) and S.B. 152 (2016), as well as providing technical and conforming 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 reenacted rule provides language required by H.B. 182 (2016) and S.B. 152 (2016), as well as providing technical and conforming 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 repeal/reenactment of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40514.htm No. 40515 (Amendment): R277-726. Statewide Online Education Program. SUMMARY OF THE RULE OR CHANGE: A new Section R277-726-9 is provided in the rule that describes the formula for allocation of funds for home and private school students to participate in the SOEP. A technical change is also provided in Section R277-726-1 to make the citation consistent with state law. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-726 provide a change to the funding allocation, allowing more home and private school students to participate in the SOEP, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-726 provide a change to the funding allocation, allowing more home and private school students to participate in the SOEP, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-726 provide a change to the funding allocation, allowing more home and private school students to participate in the SOEP, 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 R277-726 provide a change to the funding allocation, allowing more home and private school students to participate in the SOEP, 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 R277-726 provide a change to the funding allocation, allowing more home and private school students to participate in the SOEP, 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 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40515.htm No. 40516 (Amendment): R277-911. Secondary Career and Technical Education. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-911 provide changes to the disbursement and expenditure of funds for CTE programs and clarify federal maintenance of effort (MOE) requirements related to LEA funding of CTE programs. Numerous technical and conforming changes are also provided. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments provide changes to the disbursement and expenditure of funds for CTE programs, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments provide changes to the disbursement and expenditure of funds for CTE programs, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments provide changes to the disbursement and expenditure of funds for CTE programs, 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 provide changes to the disbursement and expenditure of funds for CTE programs, 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 provide changes to the disbursement and expenditure of funds for CTE programs, 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 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40516.htm No. 40517 (New Rule): R277-922. Digital Teaching and Learning Grant Program. SUMMARY OF THE RULE OR CHANGE: This new rule provides standards and procedures for establishing an application and grant review committee and process, and provides direction to LEAs participating in the Digital Teaching and Learning Grant Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule will not result in a cost or savings to local government. - SMALL BUSINESSES: Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40517.htm No. 40518 (New Rule): R277-923. American Indian and Alaskan Native Education State Plan Pilot Program. SUMMARY OF THE RULE OR CHANGE: Rule R277-923 provides procedures and criteria for a local education agency (LEA) to apply to receive grant money and for review of a grant recipient's use of grant money. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot Program, so it is likely that enactment of this new rule will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot Program, so it is likely that enactment of this new rule will not result in a cost or savings to local government. - SMALL BUSINESSES: The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot Program, so it is likely that enactment of this new rule will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot Program, so it is likely that enactment of this new rule will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot Program, so it is likely that enactment of this new rule will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40518.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 40471 (New Rule): R307-124. General Requirements: Conversion to Alternative Fuel Grant Program. SUMMARY OF THE RULE OR CHANGE: This new rule, R307-124, outlines the process for reserving and receiving an Alternative Fuel Grant. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Legislature considered cost when it passed H.B. 87 (2015) and put a limit on the amount of Alternative Fuel Grants that can be awarded at $150,000. This rule does not add any additional costs to what was already included in the bill's fiscal note. - LOCAL GOVERNMENTS: No costs are anticipated for local governments; however, a local government that had a vehicle converted to run on an alternative fuel that qualifies for an Alternative Fuel Grant would see a savings of up to $2,500. - SMALL BUSINESSES: No costs are anticipated for small businesses; however, a small business that had a vehicle converted to run on an alternative fuel that qualifies for an Alternative Fuel Grant would see a savings of up to $2,500. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No costs are expected for affected persons; however, an affected person that has a vehicle converted to run on an alternative fuel that qualifies for an Alternative Fuel Grant would see a savings of up to $2,500. COMPLIANCE COSTS FOR AFFECTED PERSONS: This is an optional program, and there is no requirement for anyone to apply; therefore, there are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses who choose to apply for the grant will see some savings; however, because we do not know how many businesses will apply for the grant, the fiscal impact is unknown. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mat Carlile by phone at 801-536-4116, by FAX at 801-536-4136, or by Internet E-mail at mcarlile@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40471.htm WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40488 (Amendment): R315-261. General Requirements - Identification and Listing of Hazardous Waste. SUMMARY OF THE RULE OR CHANGE: The changes remove an orphan subsection in Section R315-261-3 that should have been removed as part of a previous modification; changes the term "variance" to "exclusion" in Sections R315- 261-2, R315-261-4, R315-261-400, R315-261-410, R315-261-411, and R315-261- 420; and changes the term "variance" to "alternative financial liability requirement" in Section R315-261-147. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state will save staff time in preparing and presenting variance requests to the Board. The total savings is not known but would be less than $2,000. - LOCAL GOVERNMENTS: Local governments will save the cost of publication of a variance request as part of a public comment process. The cost savings is not known but can range from $100 to $500 for each notice published. - SMALL BUSINESSES: Small business will save the cost of publication of a variance request as part of a public comment process. The cost savings is not known but can range from $100 to $500 for each notice published. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons will save the cost of publication of a variance request as part of a public comment process. The cost savings is not known but can range from $100 to $500 for each notice published. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be any compliance costs related to this change for any affected person. The change will remove the requirements related to getting a variance so there is no cost associated with the change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The impact of the rule change will be a small, less than $500, and will be a cost savings for business whenever a business requests approval for a waste management activity that is covered by the rules that are being modified. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40488.htm GOVERNOR CRIMINAL AND JUVENILE JUSTICE (STATE COMMISSION ON) No. 40497 (Amendment): R356-101-10. Evaluation Criteria. SUMMARY OF THE RULE OR CHANGE: This amendment provides that judicial nominating commissions shall consider: 1) applicants' experience with issues facing children and families when evaluating applicants for juvenile court; and 2) applicants' ability to give and receive criticism of opinions without taking offense when evaluating applicants for appellate courts. This amendment further provides that judicial nominating commissions may consider the background and experience of applicants in relation to the current composition of the bench for which the appointment is being made when all other qualifications appear to be comparable. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment clarifies existing practices of judicial nominating commissions. It will not require the expenditure of any additional state resources. - LOCAL GOVERNMENTS: This amendment governs only the operations of state judicial nominating commissions and will have no impact on local government. - SMALL BUSINESSES: The current rule and amendments govern the operations of state judicial nominating commissions and have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment clarifies existing practices of judicial nominating commissions. The amendment will not result in any cost or savings to any other person. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment clarifies current practice by judicial nominating commissions. It will not result in additional costs to any person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment will have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronald Gordon by phone at 801-538-1432, by FAX at 801-538-1024, or by Internet E-mail at rbgordon@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40497.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40490 (Repeal and Reenact): R414-10A. Transplant Services Standards. SUMMARY OF THE RULE OR CHANGE: All requirements of the repealed rule are reenacted in the proposed rule to reflect current practices. For example, the proposed rule includes certain references to the "Social Security Act" and Utah Code that better authorize transplantation services and adds and updates certain definitions for better clarification. The proposed rule also updates and clarifies terminology and requirements for prior authorization, updates and clarifies service coverage, and uses the term "Medicare-approved" to appropriately classify centers for transplant services and to describe their responsibilities. Additionally, the proposed rule includes new sections that clarify covered and non-covered services for both solid organ transplants and hematopoietic stem cell transplants and includes a section that clarifies requirements for requests of non-covered transplantation services. The proposed rule also makes other technical changes and clarifications. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because the services provided to Medicaid recipients remain unaffected by this change. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund or provide Medicaid services to Medicaid recipients. - SMALL BUSINESSES: There is no impact to small businesses because the services provided to Medicaid recipients remain unaffected by this change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because the services provided to Medicaid recipients remain unaffected by this change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because the services provided remain unaffected by this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the changes do not affect the services provided in accordance with this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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 - Nina Baker by phone at 801-538-9127, by FAX at 801-538-6412, or by Internet E-mail at nabaker@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40490.htm No. 40491 (Amendment): R414-19A. Coverage for Dialysis Services by a Free- Standing State-Licensed Dialysis Facility. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies definitions, eligibility, requirements, service coverage, and reimbursement for dialysis services performed in an end stage renal disease facility. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because services provided to Medicaid recipients remain unaffected by this change. - LOCAL GOVERNMENTS: There is no impact to local governments because services provided to Medicaid recipients remain unaffected by this change. - SMALL BUSINESSES: There is no impact to small businesses because services provided to Medicaid recipients remain unaffected by this change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because services provided remain unaffected by this change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because services provided remain unaffected by this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the proposed amendment does not change any services addressed in this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - - THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40491.htm No. 40492 (New Rule): R414-505. Participation in the Nursing Facility Non- State Government-Owned Upper Payment Limit Program. SUMMARY OF THE RULE OR CHANGE: This rule specifies source-of-seed payment requirements that comply with 42 CFR 433.74. It also specifies how to notify the Division of Medicaid and Health Financing (DMHF) with the intent to participate in the NF NSGO UPL program, and includes participation requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule only complies with reporting requirements found in the Code of Federal Regulations (CFR). It neither affects Medicaid services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - SMALL BUSINESSES: There is no impact to small businesses because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid recipient because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the rule does not change any existing requirements or add any additional requirements for Medicaid providers or participants. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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 - John Curless by phone at 801-538-6149, or by Internet E-mail at jcurless@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40492.htm No. 40493 (New Rule): R414-513. Intergovernmental Transfers. SUMMARY OF THE RULE OR CHANGE: This rule specifies source-of-seed payment requirements for all IGTs to comply with reporting requirements found in 42 CFR 433.74. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule only complies with reporting requirements found in the Code of Federal Regulations (CFR). It neither affects Medicaid services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - SMALL BUSINESSES: There is no impact to small businesses because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid recipient because this rule only complies with reporting requirements found in the CFR. It neither affects Medicaid services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the rule does not change any existing requirements or add any additional requirements for Medicaid providers or participants. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 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 - John Curless by phone at 801-538-6149, or by Internet E-mail at jcurless@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - - THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40493.htm PUBLIC SAFETY FIRE MARSHAL No. 40479 (Amendment): R710-1. Concerns Servicing Portable Fire Extinguishers. SUMMARY OF THE RULE OR CHANGE: The rule has been renumbered to meet the requirements of the Rulewriting Manual. The purpose of the rule has been restated to meet the requirements of the Rulewriting Manual. The authority of the rule has been restated to meet the requirements of the Rulewriting Manual. Redundant definitions have been removed. License renewal dates have been clarified. Other redundant and unnecessary information has been removed. This rule filing clarifies that required reports shall be in writing, adds online testing, clarifies that all electronic data devices are prohibited in testing centers, clarifies license renewal dates, removes the requirement of 25 questions for renewal exams, removes reference to fee amounts that are found in the State Fee Schedule, and outlines when addition fees will be charged. Exams will no longer be mailed to the certificate holder. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will not be an anticipated cost or savings to the state budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. - LOCAL GOVERNMENTS: There will not be an anticipated cost or savings to the local government because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. - SMALL BUSINESSES: There will not be an anticipated cost or savings to the small businesses because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be an anticipated cost or savings to the persons other than small businesses, businesses or local government entities because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be an anticipated compliance cost to persons because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the amendment and found that this rule change will not have a fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40479.htm No. 40484 (Amendment): R710-3. Assisted Living Facilities. SUMMARY OF THE RULE OR CHANGE: The rule has been renumbered to meet the requirements of the Rulewriting Manual. The purpose of the rule has been restated to meet the requirements of the Rulewriting Manual. The authority of the rule has been restated to meet the requirements of the Rulewriting Manual. Redundant definitions have been removed. Code references that are included in the IFC have been removed. Windows are now referred to as openings. Requirements of maintenance and fire sprinkler requirements found elsewhere in the code have been removed. Requirements for egress doors that are found in the code have been removed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will not be an anticipated cost or savings to the state budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. - LOCAL GOVERNMENTS: There will not be an anticipated cost or savings to the local budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. - SMALL BUSINESSES: There will not be an anticipated cost or savings to the small business budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be an anticipated cost or savings to persons budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be an anticipated cost or savings because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the amendment, and found that this rule change will not have a fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40484.htm No. 40485 (Amendment): R710-4. Buildings Under the Jurisdiction of the State Fire Prevention Board. SUMMARY OF THE RULE OR CHANGE: The rule has been renumbered to meet the requirements of the Rulewriting Manual. The purpose of the rule has been restated to meet the requirements of the Rulewriting Manual. The authority of the rule has been restated to meet the requirements of the Rulewriting Manual. Redundant definitions have been removed. Clarifies the adoption, of the applicable chapters of NFPA 101. Removes information concerning fire drills that is covered in the code. Removes information covered in chapters 7 and 9 of the IFC. Corrects NFPA 13 section numbers. Removes information that is covered in chapter 9 of the IFC. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will not be an anticipated cost or savings to the state budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. - LOCAL GOVERNMENTS: There will not be an anticipated cost or savings to the local budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. - SMALL BUSINESSES: There will not be an anticipated cost or savings to the small business budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be an anticipated cost or savings to the persons budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be an anticipated cost or savings because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the amendment and found that this rule change will not have a fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40485.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40472 (Amendment): R746-200-7. Termination of Service. SUMMARY OF THE RULE OR CHANGE: The amendment states that a public utility must provide the Division of Public Utilities (Division) with an electronic copy of a customer termination notice at or before the time the public utility issues the termination notice to the customer. The amendment further requires the Division to provide the customer with specific information and contact information relative to the proposed service termination. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: To date, the Division has been using both certified and regular mail to contact a customer who risks losing utility service for non- payment. The rule allows the Division to use regular mail only. As a result, the Division will save approximately $6 per contact. - LOCAL GOVERNMENTS: Because this rule clarifies the process for terminating a customer's utility service, there are no anticipated costs or savings to local government. - SMALL BUSINESSES: The rule allows an affected business to communicate with the Division electronically. Therefore, it is anticipated that an affected business will be able to comply without incurring costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule allows an affected person to communicate with the Division electronically. Therefore, it is anticipated that an affected person will be able to comply without incurring costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule allows an affected person to communicate with the Division electronically. Therefore, it is anticipated that an affected person will be able to comply without incurring costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule results from a year-long test period in which the Division worked with customers and public utilities to develop an efficient and cost-effective method for communicating with customers who risk losing utility service for non-payment. Allowing the public utilities to communicate with the Division electronically will minimize compliance costs for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40472.htm TRANSPORTATION OPERATIONS, TRAFFIC AND SAFETY No. 40494 (Amendment): R920-50. Ropeway Operation Safety. SUMMARY OF THE RULE OR CHANGE: The Department recently performed a thorough review of Rule R920-50. The review uncovered minor, nonsubstantive errors and a subsection in the rule that is not necessary. This amendment makes these corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this amendment will have any affect on the state's budget because it does not change anything that might affect a revenue stream. - LOCAL GOVERNMENTS: The Department does not anticipate that this amendment will have any affect on the budgets of local governments because it does not change anything that might affect a revenue stream. - SMALL BUSINESSES: The Department does not anticipate that this amendment will have any affect on the budgets of small business because it does not change anything that might affect a revenue stream. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this amendment will have any affect on the budgets persons other than small businesses, businesses, or local government entities because it does not change anything that might affect a revenue stream. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment makes technical changes and corrections, and eliminates a requirement for a written certification of manufacture for passenger ropeways. Since this amendment eliminates a requirement that formerly burdened affected persons, it is possible they could experience reduced costs due to the amendment. The Department does not anticipate the amendment will lead to any increased compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This is a corrective amendment. It makes technical changes to correct minor, nonsubstantive errors in Rule R920-50 and will have no fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40494.htm 5. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends August 1, 2016. From the end of the 30-day waiting period through October 29, 2016, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40299 (Change in Proposed Rule): R746-360-6. Eligibility for Fund Distributions. SUMMARY OF THE RULE OR CHANGE: The affordable base rate for a business line is established at $26. The rule is clarified to state that it is permissible to impute income in calculating the Utah Universal Service Fund subsidy of a telecommunications provider that does not wish to charge one or both of the Commission's affordable base rates. (DAR NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the May 1, 2016, issue of the Utah State Bulletin, on page 121. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The affected companies are subsidized through a state- funded program. As the companies adjust their rates, the subsidy for which they qualify might change, resulting in a change to the balance of the fund. Any adjustment to the fund cannot be estimated at this time as the Commission will be required to conduct a formal adjudication before changing a company's subsidy. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the rules governing subsidized telecommunication service providers. No impact to local government is anticipated. - SMALL BUSINESSES: Small businesses that operate as telecommunication service providers and that are subsidized by the state will see revenues change as they adjust their rates to comply with the Commission's affordable base rates. Consequently, the monthly subsidies currently being disbursed might have to be adjusted. The Commission intends to require the Division of Public Utilities to review the finances of each affected utility in order to determine the amount of any required adjustment. If the Division recommends a change, the affected utility will have a full opportunity to litigate the issues before the Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The subsidy at issue is funded through a surcharge that all telecommunications customers in Utah pay. If the total amount of required funding changes, the surcharge may be increased or decreased as needed. Until each affected company's subsidy is adjusted through a formal adjudication, the total amount of required funding cannot be determined. Until the total amount of required funding is determined, the subsidy cannot be adjusted. Therefore, it is not possible at this time to estimate any cost or savings to Utah's telecommunications customers. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, affected telecommunication utilities must update the rates that they have on file with the Commission. As long as those rates align with the Commission's affordable base rates, the costs associated with the filing will be minimal and are anticipated to be within with each utility's budgeted overhead for regulatory compliance. Such costs will vary depending, for example, on whether a utility opts to involve legal counsel in the process. As those decisions lie with the utilities, the Commission is unable to estimate the compliance costs, either generally or specifically. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, businesses that provide subsidized telecommunication services might see an adjustment in their monthly subsidies as their monthly revenues change. The Commission will rely on the Division of Public Utilities to recommend any such adjustment, which will then be subject to a full adjudication. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40299.htm 6. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. LABOR COMMISSION ADJUDICATION No. 40469 (Emergency Rule): R602-2-4. Attorney Fees. SUMMARY OF THE RULE OR CHANGE: This rule change strikes the provisions regulating the payment of attorney fees in workers' compensation cases. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The Utah Supreme Court issued its decision in Injured Workers Assoc. of Utah v. State of Utah, 2016 UT 21, on May 18, 2016. The Court found Utah Code Section 34A-1- 309, the statutory provision that required the Utah Labor Commission to regulate attorney fees in workers' compensation cases, to be unconstitutional. The Court also found Subsection R602-2- 4(C)(3), the administrative rule section that governs and regulates the payment of attorney fees, to be unconstitutional. The section places the Commission in violation of the Court's decision and will likely confuse practitioners, injured workers, employers, and insurance carriers. Moreover, all of Section R602-2-4 should be removed on an emergency basis, not merely Subsection R602-2-4(C)(3). The rule governs the payment of attorney fees and costs. The Commission's sole authority to regulate attorney fees was contained in Utah Code Section 34A-1- 309. Inasmuch as the statute has been found to be unconstitutional, the Commission lacks the authority to enforce the remaining provisions of the section. Also, the Commission lacks the authority to regulate or enforce the payment of costs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings to the state budget because of this rule change. Attorney fees are paid from the injured worker's benefits. - LOCAL GOVERNMENTS: There will be no cost or savings to local government because of this rule change. Attorney fees are paid from the injured worker's benefits. - SMALL BUSINESSES: There will be no cost or savings to small businesses because of this rule change. Attorney fees are paid from the injured worker's benefits. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Commission is unable to anticipate whether there will be a cost for injured workers related to this rule change. Attorney fees are paid from an injured worker's benefits and, though possible, it is unclear whether the Supreme Court's decision will immediately result in attorneys seeking a higher percentage of the injured worker's benefits for attorney fees. Any impact, however, would be related to the Court's decision rather then deletion of this rule as the current rule is in direct conflict with the Court's decision. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Commission is unable to anticipate whether there will be a cost for injured workers related to this rule change. Attorney fees are paid from an injured worker's benefits, and though possible, it is unclear whether the Supreme Court's decision will immediately result in attorneys seeking a higher percentage of the injured worker's benefits for attorney fees. Any impact, however, would be related to the Court's decision rather then deletion of this rule as the current rule is in direct conflict with the Court's decision. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact because of this rule change. Attorney fees are paid from the injured worker's benefits. 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 - Jaceson Maughan by phone at 801-530-6036, by FAX at 801-530-6390, or by Internet E-mail at jacesonmaughan@utah.gov EFFECTIVE: 06/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40469.htm INDUSTRIAL ACCIDENTS No. 40470 (Emergency Rule): R612-200-2. Payment of Benefits, Interest and Attorney Fees. SUMMARY OF THE RULE OR CHANGE: This rule change strikes the provisions regulating the payment of attorney fees in workers' compensation cases. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The Utah Supreme Court issued its decision in Injured Workers Assoc. of Utah v. State of Utah, 2016 UT 21, on May 18, 2016. The Court found Utah Code Section 34A-1- 309, the statutory provision that required the Utah Labor Commission to regulate attorney fees in workers' compensation cases, to be unconstitutional. The Court also found Subsection R602-2- 4(C)(3), the administrative rule section that governs and regulates the payment of attorney fees, to be unconstitutional. The Commission's sole authority to regulate attorney fees comes from Section 34A-1- 309. As such, the provisions of the Utah Administrative Code that allow the Commission to regulate attorney fees, including the payment of attorney fees, need to be removed as they conflict with the Court's decision. Subsection R612-200-2(B) specifically references the statue and administrative rule the Court found to be unconstitutional. Subsection R612-200-2(B) requires the issuance of a separate check for attorney fees to an injured worker's attorney in an amount approved or ordered by the Commission. The rule also prohibits two-party checks issued jointly to an attorney and the injured worker. The Commission lacks the authority to require a separate check for an injured worker's attorney and to approve or order the amount of the check. The Commission also lacks the authority to prohibit checks issued jointly to an attorney and the injured worker. Relevant portions of Subsection R612-200-2(A)(3) also place the Commission in violation of the decision in that the rule requires payments to be made directly and solely to injured workers. This rule would likely interfere with agreements between injured workers and their attorneys regarding the payment of attorney fees. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings to the state budget because of this rule change. Attorney fees are paid from the injured worker's benefits. - LOCAL GOVERNMENTS: There will be no cost or savings to local government because of this rule change. Attorney fees are paid from the injured worker's benefits. - SMALL BUSINESSES: There will be no cost or savings to small businesses because of this rule change. Attorney fees are paid from the injured worker's benefits. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Commission is unable to anticipate whether there will be a cost for injured workers related to this rule change. Attorney fees are paid from an injured worker's benefits, and though possible, it is unclear whether the Supreme Court's decision will immediately result in attorneys seeking a higher percentage of the injured worker's benefits for attorney fees. Any impact, however, would be related to the Court's decision rather then deletion of this rule as the current rule is in direct conflict with the Court's decision. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Commission is unable to anticipate whether there will be a cost for injured workers related to this rule change. Attorney fees are paid from an injured worker's benefits, and though possible, it is unclear whether the Supreme Court's decision will immediately result in attorneys seeking a higher percentage of the injured worker's benefits for attorney fees. Any impact, however, would be related to the Court's decision rather then deletion of this rule as the current rule is in direct conflict with the Court's decision. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be no fiscal impact of businesses because of this rule change, as attorney fees are paid from the injured worker benefits. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jaceson Maughan by phone at 801-530-6036, by FAX at 801-530-6390, or by Internet E-mail at jacesonmaughan@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov EFFECTIVE: 06/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40470.htm TRANSPORTATION OPERATIONS, MAINTENANCE No. 40473 (Emergency Rule): R918-5. Construction or Improvement of Highway. SUMMARY OF THE RULE OR CHANGE: This emergency filing on Rule R918-5 is the same as the current Rule R918-5 that expired. Nothing is changed. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Utah Code Section 72-6-107 requires the Department to have a rule that does what emergency Rule R918-5 does. Without this emergency rule, the Department will be operating in violation of the statute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This emergency rule will not cause a change to the state budget because it is identical to the rule that expired. - LOCAL GOVERNMENTS: This emergency rule will not cause a change to the budget of local governments because it is identical to the rule that expired. - SMALL BUSINESSES: Small businesses will not experience any change in costs attributable to this emergency rule because it is identical to the rule that expired. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not experience any change in costs attributable to this emergency rule because it is identical to the rule that expired. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons will not incur any change in costs because this emergency rule is identical to the rule that expired. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This emergency rule will have no fiscal impact on businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov EFFECTIVE: 06/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40473.htm 7. 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 Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 40480 (5-year Review): R23-25. Administrative Rules Adjudicative Proceedings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov EFFECTIVE: 06/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40480.htm No. 40481 (5-year Review): R23-31. Executive Residence Commission. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov EFFECTIVE: 06/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40481.htm AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 40476 (5-year Review): R58-2. Diseases, Inspections and Quarantines. 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 essential to provide direction for regulating diseases, inspections, and quarantines by the Animal Health Program under the Animal Industry Division for livestock and poultry. This rule should be continued to maintain the quality and health of livestock and poultry in Utah and prevent the spread of disease. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barry Pittman by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bpittman@utah.gov - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@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 - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 06/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40476.htm No. 40478 (5-year Review): R58-4. Use of Animal Drugs and Biologicals in the State of Utah. 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 essential to provide direction for regulating animal drugs and biologicals by the Animal Health Program of the Animal Industry Division to protect animals and livestock in Utah. This rule should be continued to maintain the quality and health of animals and livestock in Utah and prevent the spread of iatrogenic or other introduced diseases. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barry Pittman by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bpittman@utah.gov - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@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 - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 06/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40478.htm No. 40477 (5-year Review): R58-14. Holding Live Raccoons or Coyotes in Captivity. 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 essential to provide direction for regulating the holding of raccoons and coyotes by the Animal Health Program of the Animal Industry Division to protect animals and livestock in Utah. This rule should be continued to maintain the quality and health of animals and livestock in Utah and prevent the unlawful possession of raccoons and coyotes. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barry Pittman by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bpittman@utah.gov - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@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 - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 06/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40477.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40486 (5-year Review): R156-54. Radiologic Technologist, Radiologist Assistant, and Radiology Practical Technician 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 54, with respect to radiologic technologists, radiologist assistants, and radiology practical technicians. 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: 06/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40486.htm CRIME VICTIM REPARATIONS ADMINISTRATION No. 40495 (5-year Review): R270-1. Award and Reparation Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Scheller by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov EFFECTIVE: 06/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40495.htm No. 40496 (5-year Review): R270-2. Crime Victim Reparations Adjudicative Proceedings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Scheller by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov EFFECTIVE: 06/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40496.htm ENVIRONMENTAL QUALITY ENVIRONMENTAL RESPONSE AND REMEDIATION No. 40487 (5-year Review): R311-600. Hazardous Substances Mitigation Act: Enforceable Written Assurances. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Amendments to the Hazardous Substances Mitigation Act to authorize the issuance of an enforceable written assurance were initiated and subsequently supported by the private sector and the legal community to help quantify a prospective purchaser's pre-purchase liability. This can help foster economic development of Brownfields and other potentially impacted properties. In addition, the Department views that compliance with the conditions of the requirements for a bona fide prospective purchaser (e.g., all appropriate inquiries, notice, care/reasonable steps, cooperation, and compliance with institutional controls), which must be met to issue an enforceable written assurance, will generally ensure there is no unacceptable risk to human health or the environment. Based on this and the fact that the Department of Environmental Quality has received no written comments from persons opposing the rule, the Department recommends continuation of Rule R311-600. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bill Rees by phone at 801-536-4167, by FAX at 801-536-4242, or by Internet E-mail at brees@utah.gov EFFECTIVE: 06/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40487.htm WATER QUALITY No. 40489 (5-year Review): R317-11. Certification Required to Design, Inspect and Maintain Underground Wastewater Disposal Systems, or Conduct Soil Evaluations or Percolation Tests for Underground Wastewater Disposal Systems. 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 Water Quality Board to implement the state's certification program associated with the design, inspection, and maintenance of underground wastewater disposal systems as outlined in the Water Quality Act. The certification program is established in order to assist in protecting the quality of waters in the state of Utah by helping ensure that personnel have adequate experience and training to design, inspect, maintain, or conduct percolation or soil tests for underground wastewater disposal systems. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 06/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40489.htm GOVERNOR ECONOMIC DEVELOPMENT No. 40483 (5-year Review): R357-5. Motion Picture Incentive Fund. 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 should be continued at this time because it does contain several basic criteria for how to qualify for the tax credit. The agency has filed a repeal and reenactment of this rule to address the comments. The new rule contains more criteria and the specific criteria that will be used to assess projects and potential award amounts. However, the agency does want to continue the current rule to be in effect until the new version becomes effective. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov EFFECTIVE: 06/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40483.htm INSURANCE ADMINISTRATION No. 40500 (5-year Review): R590-206. Privacy of Consumer Financial and Health Information Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Federal law requires states to comply with the privacy laws and to implement them by rule. The rule governs the treatment of nonpublic personal health and financial information about individuals by all licensees of the department. 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: 06/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40500.htm TITLE AND ESCROW COMMISSION No. 40499 (5-year Review): R592-11. Title Insurance Producer Annual and Controlled Business Reports. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is needed to establish the form and filing deadline for the Title Insurance Producer Annual Report and Controlled Business Report required by Section 31A-23a-413 and Subsection 31A-23a-503(8)(a). 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: 06/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40499.htm NATURAL RESOURCES FORESTRY, FIRE AND STATE LANDS No. 40482 (5-year Review): R652-150. Utah Bioprospecting Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The State of Utah recognizes that, due to the microenvironments present on State lands, there is a potential for unique organisms to have evolved that represent a valuable resource for the residents of the state. This bioprospecting rule has been enacted to foster the discovery and evaluation of these resources in a way that benefits the citizens of Utah. By registration of bioprospecting, the state reserves the right for the citizens to share in any future economic value of these resources. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 06/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40482.htm PUBLIC SAFETY HIGHWAY PATROL No. 40463 (5-year Review): R714-160. Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: When complaints are received related to inspection issues they are investigated. Therefore, this rule should be continued. Specific concerns with High Intensity Discharge (HID) headlights have been addressed by the federal government and the Safety Inspection Office follows their interpretation. Window tinting, mud flaps, and fender flares are covered by state statute and the safety inspection administrative rules align with those statutes. Mobile safety inspection stations would be difficult to monitor. Currently, the agency requires new safety inspection stations to have a lift. This would be difficult for a mobile station to meet this requirement. Insuring a mobile station would also be difficult. The agency is in the process of repealing and reenacting this rule, and mud flaps and fender flares will be addressed and the standard for them will be loosened. Damaged windshields will also be addressed. In regards to the comment about inspecting retrofit CNG vehicles, state statute (Section 19-1-406) requires that a safety inspection verify that a CNG vehicle has an up-to-date CSA America fuel system inspection. Standards for inspecting CNG vehicles are also listed in the rule. There is an issue with safety inspectors recognizing and doing proper inspections on CNG vehicles. In regards to vehicles that have been significantly modified, the agency does not have the expertise to determine if the vehicle is safe once it has been significantly altered from its original design. The agency indicated that if the owner could get an engineer to verify that the frame on the vehicle was safe, the agency would accept that. In regards to the comment about replacing airbags, state statute requires they be replaced. In regards to different colored lights on vehicles, there is a process established in state statute and administrative rule where a person can apply for approval. They would not likely be approved. State statute also requires some lights be a certain color (i.e. white, red, or yellow). In regards to allowing studded snow tires during warmer months, state statute lists the time period when they are allowed. The repeal and reenactment of this rule will make it an "advise" instead of a "reject" to have studded snow tires on a vehicle during prohibited times. In regard to windshield wipers leaving streaks, the rule requires that wipers must function properly and contact the windshield firmly. This may be subjective and the agency is addressing this in the repeal and reenactment of this rule. In regards to plate brake testing machines, after attending training about these machines, it appears they are effective if maintained and used properly. In regard to low-speed vehicles, state statute requires that a low-speed vehicle not be altered from the manufacturer. The agency interprets this to mean that a vehicle must be manufactured as a low-speed vehicle, and therefore cannot be converted to one. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov EFFECTIVE: 06/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40463.htm No. 40464 (5-year Review): R714-161. Equipment Standards for Motorcycle and ATV Safety Inspections. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The state statute requires that a vehicle be equipped, maintained, and operated to prevent excessive or unusual noise, but it doesn't define "excessive" or "unusual." Therefore, it would be difficult for the Safety Inspection program to define these terms and direct an inspector to fail a motorcycle because of noise. Excessive noise is not listed as a reject item in the current rule, although, if an exhaust system has been changed or modified and is not as effective as original specifications, it may be rejected. This could possibly apply to suppressing noise. As far as frames are concerned related to full-sized street legal ATV's, the agency does not have the expertise to determine if a modified frame will be as safe as the original structure. The justification for continuation of this rule is that this is the current standard used for inspecting motorcycles and ATV's. The agency is working on a repeal and reenactment of this rule. With that reenactment, safety inspections for street legal and full-sized street legal ATV's will be part of a separate rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov EFFECTIVE: 06/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40464.htm No. 40465 (5-year Review): R714-162. Equipment Standards for Heavy Truck, Trailer and Bus Safety Inspections. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This is the standard currently used by the state to inspect heavy trucks, trailers, and buses. This includes commercial motor vehicles. Therefore, this rule should be continued. A repeal and reenactment of this rule is currently underway to bring it more up to date with current Federal Motor Carrier Administration periodic inspection criteria. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov EFFECTIVE: 06/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40465.htm TRANSPORTATION MOTOR CARRIER No. 40468 (5-year Review): R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification. 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 statutes that require the Department to regulate tow truck motor carriers operating in Utah which are accomplished through the existence of Rule R909-19 are still in effect. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov EFFECTIVE: 06/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40468.htm PROGRAM DEVELOPMENT No. 40466 (5-year Review): R926-9. Establishment, Designation and Operation of Tollways. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department has established and operates tollways. This rule needs to continue because it specifies how new tollways are established and how existing tollways are operated. The rule also sets the rates for tolls, specifies where toll revenue is to go, sets conditions under which tolls may be changed, and establishes other requirements needed to operate tollways. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov EFFECTIVE: 06/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40466.htm TRANSPORTATION COMMISSION ADMINISTRATION No. 40467 (5-year Review): R940-1. Establishment of Toll Rates. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department has established and operates tollways. This rule needs to continue because it sets specifications for establishing new tollways and operating existing tollways. The rule also sets the rates for tolls, specifies where toll revenue is to go, sets conditions under which tolls may be changed, and establishes other requirements the Transportation Commission must consider when regulating Utah's tollways. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov EFFECTIVE: 06/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40467.htm 8. NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Office of Administrative Rules (Office) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Division. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Division, the rule expires. Upon expiration of the rule, the Division files a Notice of Five-Year Expiration (Expiration) to document the action. The Division is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Division has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). TRANSPORTATION OPERATIONS, MAINTENANCE No. 40474 (Expired): R918-5. Construction or Improvement of Highway. SUMMARY: The five-year review and notice of continuation was not filed by the 06/07/2016 deadline so the rule is expired as of 06/08/2016 and is removed from the Administrative Code. (Editor's Note: The agency has filed an 120-day (emergency) rule effective as of 06/08/2016 under Filing No. 40473 in this issue, July 1, 2016, of the Bulletin to put the rule back in place.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 06/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160701/40474.htm 9. 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. 40298 (AMD): R156-15A.State Construction Code Administration and Adoption of Approved State Construction Code Rule Published: 05/01/2016 Effective: 06/07/2016 EDUCATION ADMINISTRATION No. 40332 (REP): R277-100.Rulemaking Policy Published: 05/01/2016 Effective: 06/10/2016 No. 40287 (AMD): R277-419.Pupil Accounting Published: 04/15/2016 Effective: 06/03/2016 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 40322 (AMD): R313-19-13.Exemptions Published: 05/01/2016 Effective: 06/10/2016 No. 40323 (AMD): R313-22.Specific Licenses Published: 05/01/2016 Effective: 06/10/2016 WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40312 (AMD): R315-124-34.Public Participation Published: 05/01/2016 Effective: 06/10/2016 No. 40307 (AMD): R315-260.Hazardous Waste Management System Published: 05/01/2016 Effective: 06/10/2016 No. 40308 (AMD): R315-261.General Requirements - Identification and Listing of Hazardous Waste Published: 05/01/2016 Effective: 06/10/2016 No. 40309 (AMD): R315-262-10.Purpose, Scope, and Applicability Published: 05/01/2016 Effective: 06/10/2016 No. 40310 (AMD): R315-264-1.Purpose, Scope and Applicability Published: 05/01/2016 Effective: 06/10/2016 No. 40311 (AMD): R315-273.Standards For Universal Waste Management Published: 05/01/2016 Effective: 06/10/2016 INSURANCE ADMINISTRATION No. 40321 (AMD): R590-247.Universal Health Insurance Application Rule Published: 05/01/2016 Effective: 06/15/2016 No. 39755 (NEW): R590-272.Commission Compensation Reporting Published: 10/01/2015 Effective: 06/15/2016 No. 39755 (CPR): R590-272.Commission Compensation Reporting Published: 01/15/2016 Effective: 06/15/2016 No. 39755 (CPR): R590-272.Commission Compensation Reporting Published: 05/01/2016 Effective: 06/15/2016 10. 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 . <> ----------------------------