Utah State Digest, Vol. 2016, No. 14 (July 15, 2016) UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed June 16, 2016, 12:00 AM through July 1, 2016, 11:59 PM Volume 2016, No. 14 July 15, 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 *********************************************** SPECIAL NOTICES Notice for August 2016 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/sn157671.htm Pediatric Dental Fee and Adult Dental Services - 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 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/sn157683.htm 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. Wildland Fire Management, Utah Exec. Order No. 2016-5 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2016/ExecDoc157685.htm 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 16, 2016, 12:00 a.m., and July 1, 2016, 11:59 p.m. are summarized in this, the July 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the July 15, 2016, issue of the Utah State Bulletin until at least August 15, 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 November 12, 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. ADMINISTRATIVE SERVICES FINANCE No. 40547 (Amendment): R25-7. Travel-Related Reimbursements for State Employees. SUMMARY OF THE RULE OR CHANGE: The rule increases reimbursement rates for in-state food reimbursements and increases some in-state hotel rates. (Editor's Note: A corresponding 120-day (emergency) rule that is effective as of 07/01/2016 is under Filing No. 40548 in this issue, July 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will potentially be an increased cost to the state as in-state food per diem rates have increased, and some in-state hotel rates have increased. There will also be an increased cost to the state if travel is to a Tier I or Tier II premium city because meal per diems have increased for these cities. - LOCAL GOVERNMENTS: There will not be costs to local governments because the rule only governs reimbursements by the state to individuals traveling on state business. - SMALL BUSINESSES: Small businesses may see an increase in revenue. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursement will see a slight increase in their per diem reimbursement amounts for in-state travel and travel to premium cities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the amendment only changes reimbursement rates and does not require any new action on the part of persons applying for reimbursements, there are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance director and believe these changes are reasonable and warranted. Small business may see an increase in revenue. However we cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40547.htm PURCHASING AND GENERAL SERVICES No. 40559 (Amendment): R33-1. Utah Procurement Rules, "General Procurement Provisions," Definitions. SUMMARY OF THE RULE OR CHANGE: The changes to the rule included adding, deleting, and clarifying the definitions of the Utah Procurement Rules. Sections R33-1-2, R33-1-3, R33-1-4, and R33-1-12 were also added. Those sections address the applicability of rules, determinations by the Chief Procurement Officer or Head of a Procurement Unit with independent procurement authority, competitive procurement required for expenditure of public funds or use of public property or other public assets to acquire a procurement item unless exception is authorized, and mandatory minimum requirements in a solicitation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The rule simply provides definitions for the Utah Procurement rules, and addresses the applicability of rules, determinations by the Chief Procurement Officer or Head of a Procurement Unit with independent procurement authority, competitive procurement required for expenditure of public funds or use of public property or other public assets to acquire a procurement item unless exception is authorized, and mandatory minimum requirements in a solicitation. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. The rule simply provides definitions for the Utah Procurement rules, and addresses the applicability of rules, determinations by the Chief Procurement Officer or Head of a Procurement Unit with independent procurement authority, competitive procurement required for expenditure of public funds or use of public property or other public assets to acquire a procurement item unless exception is authorized, and mandatory minimum requirements in a solicitation. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The rule simply provides definitions for the Utah Procurement rules, and addresses the applicability of rules, determinations by the Chief Procurement Officer or Head of a Procurement Unit with independent procurement authority, competitive procurement required for expenditure of public funds or use of public property or other public assets to acquire a procurement item unless exception is authorized, and mandatory minimum requirements in a solicitation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, or local government entities. The rule simply provides definitions for the Utah Procurement rules, and addresses the applicability of rules, determinations by the Chief Procurement Officer or Head of a Procurement Unit with independent procurement authority, competitive procurement required for expenditure of public funds or use of public property or other public assets to acquire a procurement item unless exception is authorized, and mandatory minimum requirements in a solicitation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The rule simply provides definitions for the Utah Procurement rules, and addresses the applicability of rules, determinations by the Chief Procurement Officer or Head of a Procurement Unit with independent procurement authority, competitive procurement required for expenditure of public funds or use of public property or other public assets to acquire a procurement item unless exception is authorized, and mandatory minimum requirements in a solicitation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that the rule may have on businesses. The rule simply provides definitions for the Utah Procurement rules and addresses the applicability of rules, determinations by the Chief Procurement Officer or Head of a Procurement Unit with independent procurement authority, competitive procurement required for expenditure of public funds or use of public property or other public assets to acquire a procurement item unless exception is authorized, and mandatory minimum requirements in a solicitation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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 - Kenneth Hansen by phone at 801-538-3777, by FAX at 801-538-3844, or by Internet E-mail at khansen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40559.htm No. 40560 (Amendment): R33-4. General Procurement Provisions, Prequalifications, Specifications, and Small Purchases. SUMMARY OF THE RULE OR CHANGE: Sections were added to this rule for the rejection of a late solicitation response, and the delivery and time requirements. Additionally, Sections R33-4-104 through R33-4-108 were removed and moved to Rule R33-5. (Editor's Note: The proposed amendment to Rule R33-5 is under Filing No. 40571 in this issue, July 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget relating to the changes in this rule. The rule addresses the supplemental procurement procedures and adds the section addressing the rejection of a late solicitation response, and the delivery and time requirements. The sections marked to be removed will be moved in Rule R33-5. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. The rule addresses the supplemental procurement procedures and adds the section addressing the rejection of a late solicitation response, and the delivery and time requirements. The sections marked to be removed will be moved in Rule R33-5. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The rule addresses the supplemental procurement procedures and adds the section addressing the rejection of a late solicitation response, and the delivery and time requirements. The sections marked to be removed will be moved in Rule R33-5. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The rule addresses the supplemental procurement procedures and adds the section addressing the rejection of a late solicitation response, and the delivery and time requirements. The sections marked to be removed will be moved in Rule R33-5. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The rule addresses the supplemental procurement procedures and adds the section addressing the rejection of a late solicitation response, and the delivery and time requirements. The sections marked to be removed will be moved in Rule R33-5. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Any potential fiscal impact that this rule may have on businesses cannot be measured, as the rule addresses the supplemental procurement procedures, and the changes to this rule simply adds the section addressing the rejection of a late solicitation response, and the delivery and time requirements. The sections marked to be removed will be moved in Rule R33-5. Therefore, there are no anticipated fiscal impacts that this rule may have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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 - Kenneth Hansen by phone at 801-538-3777, by FAX at 801-538-3844, or by Internet E-mail at khansen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40560.htm No. 40571 (Amendment): R33-5. Request for Information. SUMMARY OF THE RULE OR CHANGE: The additions of Sections R33-5-104 through R33-5-108 were sections previously in Rule R33-4 and only differ in numbering. Sections R33-5-201 through R33-5-204 were added to address standard procurement processes outlined for approved vendor lists, including contract awards based on established terms, performance rating systems for vendors on an approved vendor list, and using the small purchase process for approved vendor lists. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Any anticipated cost or savings to the state budget, based on the changes to this rule, cannot be measured. The changes to this rule address approved vendor lists and the standard procurement process outlined for the approved vendor lists. There may be a chance that businesses associated to the approved vendor list could impact that state budget. However, it is impossible to determine that amount, and the changes in this rule do not directly address any financial implication to the state budget. Therefore, there are no anticipated costs or savings that this rule may have on the state budget. - LOCAL GOVERNMENTS: Any anticipated cost or savings to the local government, based on the changes to this rule, cannot be measured. The changes address approved vendor lists and the standard procurement process outlined for the approved vendor lists. There may be a chance that businesses associated to the approved vendor list could impact local government costs or savings. However, it is impossible to determine that amount, and the changes in this Rule do not directly address any financial implication to local government finances. Therefore, there are no anticipated costs or savings that this rule may have on local government. - SMALL BUSINESSES: Any anticipated cost or savings to small businesses, based on the changes to this rule, cannot be measured. The changes address approved vendor lists and the standard procurement process outlined for the approved vendor lists. There may be a chance that businesses may or may not be qualified for the approved vendor list. However, it is impossible to determine that result, and the changes in this Rule do not directly address any financial implication to small businesses. Therefore, there are no anticipated costs or savings that this rule may have on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes to this rule simply address the standard procurement processes for approved vendor lists, and the additions of Sections R33-5-104 through R33-5-108 were sections previously in Rule R33-4 and only differ in numbering. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to this rule simply address the standard procurement processes for approved vendor lists, and the additions of Sections R33-5-104 through R33-5-108 were sections previously in Rule R33- 4 and only differ in numbering. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Any anticipated fiscal impacts that the rule may have on businesses, based on the changes to this rule, cannot be measured. The changes address approved vendor lists and the standard procurement process outlined for the approved vendor lists. There may be a chance that businesses may or may not be qualified for the approved vendor list. However, it is impossible to determine that result, and the changes in this rule do not directly address any financial implication to businesses. Therefore, there are no anticipated fiscal impacts that this rule may have on local government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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 - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40571.htm No. 40561 (Amendment): R33-6. Bidding. SUMMARY OF THE RULE OR CHANGE: The title of Section R33-6-105 was changed, and the body of the section now addresses the late bid delivery and time requirements pursuant to Subsection 63G-6a-604(4). Additionally, Section R33-6-106 was replaced with "Voluntary Withdrawal of a Bid". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that the changes to this rule will have on the state budget. The changes to the rule were made to comply with statute, and any financial impact is determined by law. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that the changes to this rule will have on local government. The changes to the rule were made to comply with statute, and any financial impact is determined by law. - SMALL BUSINESSES: There are no anticipated costs or savings that the changes to this rule will have on small businesses. The changes to the rule were made to comply with statute, and any financial impact is determined by law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that the changes to this rule will have on persons other than small businesses, businesses, or local government entities. The changes to the rule were made to comply with statute, and any financial impact is determined by law. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to the rule were made to comply with statute, and any compliance costs are controlled by law. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. The changes to the rule were made to comply with statute, and any potential fiscal impact has been evaluated by the statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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 - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40561.htm No. 40567 (Amendment): R33-7. Request for Proposals. SUMMARY OF THE RULE OR CHANGE: Section R33-7-103a was added to provide further clarification regarding the Multiple Stage Cost Qualification RFP process. Additionally, Sections R33-7-401, R33-7-403, and R33-7-503 were deleted, Section R33-7-402 was amended to address the rejection of late proposals and the delivery and time requirements, and Section R33-7-502 was amended to address the voluntary withdrawal of a proposal. Section R33-7-703 was also amended to add clarification regarding non-priced technical criteria. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Any anticipated cost or savings to the state budget, based on the changes to this rule, cannot be measured. The changes to this rule address the multiple stage cost qualification RFP process. It is impossible to determine what businesses may or may not qualify, or may or may not participate in the RFP process. Thus, it is impossible to determine what impact, if any, there may be on the state budget. Therefore, there are no anticipated costs or savings that this rule may have on the state budget. - LOCAL GOVERNMENTS: Any anticipated cost or savings to local government, based on the changes to this rule, cannot be measured. The changes to this rule address the multiple stage cost qualification RFP process. It is impossible to determine what businesses may or may not qualify, or may or may not participate in the RFP process. Thus, it is impossible to determine what impact, if any, there may be on local government. - SMALL BUSINESSES: There are no anticipated cost or savings to small businesses. The changes to this rule address the multiple stage cost qualification RFP process, and do not prevent any small businesses from participation in the process. Therefore, there are no anticipated costs or savings that this rule may have on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The changes to this rule address the multiple stage cost qualification RFP process, and do not prevent any persons from participation in the process. Therefore, there are no anticipated costs or savings that this rule may have on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to this rule address the multiple stage cost qualification RFP process, and do not require compliance cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. The changes to this rule address the multiple stage cost qualification RFP process, and do not prevent any businesses from participation in the process. Therefore, there are no anticipated fiscal impacts that this rule may have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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 - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40567.htm No. 40570 (Amendment): R33-8. Exceptions to Procurement Requirements. SUMMARY OF THE RULE OR CHANGE: The title of Section R33-8-101 was changed. The body of the section was amended to address the provisions set forth in Section 63G-6a-801 and Sections R33-8-101a through R33-8-101f; and Sections R33-8-102 and R33-8-110 were added to clearly define said provisions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that the changes to this rule will have on state budget. The changes to the rule were made to comply with statute, and any financial impact is determined by the statute. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that the changes to this Rule will have on local government. The changes to the rule were made to comply with statute, and any financial impact is determined by the statute. - SMALL BUSINESSES: There are no anticipated costs or savings that the changes to this rule will have on small businesses. The changes to the rule were made to comply with statute, and any financial impact is determined by the statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that the changes to this rule will have on persons other than small businesses, businesses, or local government entities. The changes to the rule were made to comply with statute, and any financial impact is determined by the statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to the rule were made to comply with statute, and any compliance costs would be controlled by the statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. The changes to the rule were made to comply with statute, and any potential fiscal impact has been evaluated by the statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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 - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40570.htm No. 40565 (Amendment): R33-9. Cancellations, Rejections, and Debarment. SUMMARY OF THE RULE OR CHANGE: Section R33-9-103 was amended to clarify that a solicitation may be cancelled before award but after opening all bids or offers when the procurement unit determines in writing that an infraction of code, rule, or policy has occurred or that there is other good cause including inadequate, erroneous, or ambiguous specifications or requirements were cited in the solicitation. Additionally, Section R33-9-105 was deleted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Any anticipated costs or savings to the state budget, based on the changes to this rule, cannot be measured. The changes to the rule address the cancellation of an award if it is determined that there was an infraction of code, rule, or policy that has occurred or that there is other good cause including inadequate, erroneous, or ambiguous specifications or requirements were cited in the solicitation. It is impossible to determine, prior to the incident, what reasons for a cancellation would occur. Therefore, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: Any anticipated costs or savings to local government, based on the changes to this rule, cannot be measured. The changes to the rule address the cancellation of an award if it is determined that there was an infraction of code, rule, or policy that has occurred or that there is other good cause including inadequate, erroneous, or ambiguous specifications or requirements were cited in the solicitation. It is impossible to determine, prior to the incident, what reasons for a cancellation would occur. Therefore, there are no anticipated costs or savings to local government. - SMALL BUSINESSES: Any anticipated costs or savings to small businesses, based on the changes to this rule, cannot be measured. The changes to the rule address the cancellation of an award if it is determined that there was an infraction of code, rule, or policy that has occurred or that there is other good cause including inadequate, erroneous, or ambiguous specifications or requirements were cited in the solicitation. It is impossible to determine, prior to the incident, what reasons for a cancellation would occur. Therefore, there are no anticipated costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Any anticipated costs or savings to persons other than small businesses, businesses, or local government entities, based on the changes to this rule, cannot be measured. The changes to the rule address the cancellation of an award if it is determined that there was an infraction of code, rule, or policy that has occurred or that there is other good cause including inadequate, erroneous, or ambiguous specifications or requirements were cited in the solicitation. It is impossible to determine, prior to the incident, what reasons for a cancellation would occur. Therefore, there are no anticipated costs or savings to the local government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to the rule address simply address the cancellation of an award if it is determined that there was an infraction of code, rule, or policy that has occurred or that there is other good cause including inadequate, erroneous, or ambiguous specifications or requirements were cited in the solicitation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to the rule address the cancellation of an award if it is determined that there was an infraction of code, rule, or policy that has occurred or that there is other good cause including inadequate, erroneous, or ambiguous specifications or requirements were cited in the solicitation. As it is impossible to determine, prior to the incident, what reasons for a cancellation would occur, and fiscal impacts cannot be measured. Therefore, there are no anticipated fiscal impacts that the rule may have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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 - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40565.htm No. 40568 (Amendment): R33-21. Interaction Between Procurement Units. SUMMARY OF THE RULE OR CHANGE: Section R33-21-201e was added to this rule, which outlines the following: 1) in accordance with Section 63A-1-109.5 and Subsections 63A-2-103(3) and 63G-6a-303(2)(b), and other applicable State of Utah law, the director of the Division of Purchasing and General Services serving as the chief procurement officer of the state shall administer the state's cooperative purchasing program and may impose or assess an administrative fee on contractors and vendors on state cooperative contracts as part of its internal service fund authorization; and 2) the Division shall include a provision in each state cooperative contract prohibiting any other procurement unit from charging any type of fee, surcharge, or rebate on a state cooperative contract issued by the chief procurement officer. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected as a result of the changes to this rule. The changes to this rule do not give the Division the authority to charge an administrative fee. The Division's authority to charge an administrative fee is authorized pursuant to Section 63A-1-109.5, Subsection 63G-6a-303(2)(b), and Section 63A-2-103. This rule simply clarifies that only the Division, and no other public entity, may charge an administrative fee on state cooperative contracts or contracts issued by the Chief Procurement Officer. The statutory authorization allowing the Division to charge an administrative fee to vendors on state contract has been in place for over five years. Therefore, the changes to this rule, which simply clarify that no other public entity may impose an administrative fee on state contracts, will not have any impact on the state budget. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that are expected as a result of the changes to this rule. The changes to this rule do not give the Division the authority to charge an administrative fee. The Division's authority to charge an administrative fee is authorized pursuant to Section 63A-1-109.5, Subsection 63G-6a-303(2)(b), and Section 63A-2-103. This rule simply clarifies that only the Division, and no other public entity, may charge an administrative fee on state cooperative contracts or contracts issued by the Chief Procurement Officer. The statutory authorization allowing the Division to charge an administrative fee to vendors on state contract has been in place for over five years. Therefore, the changes to this rule, which simply clarify that no other public entity may impose an administrative fee on state contracts, will not have any impact on local government. - SMALL BUSINESSES: There are no anticipated costs or savings that are expected as a result of the changes to this rule. The changes to this rule do not give the Division the authority to charge an administrative fee. The Division's authority to charge an administrative fee is authorized pursuant to Section 63A-1-109.5, Subsection 63G-6a-303(2)(b), and Section 63A-2-103. This rule simply clarifies that only the Division, and no other public entity, may charge an administrative fee on state cooperative contracts or contracts issued by the Chief Procurement Officer. The statutory authorization allowing the Division to charge an administrative fee to vendors on state contract has been in place for over five years. Therefore, the changes to this rule, which simply clarify that no other public entity may impose an administrative fee on state contracts, will not have any impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected as a result of the changes to this rule. The changes to this rule do not give the Division the authority to charge an administrative fee. The Division's authority to charge an administrative fee is authorized pursuant to Section 63A-1-109.5, Subsection 63G-6a-303(2)(b), and Section 63A-2-103. This rule simply clarifies that only the Division, and no other public entity, may charge an administrative fee on state cooperative contracts or contracts issued by the Chief Procurement Officer. The statutory authorization allowing the Division to charge an administrative fee to vendors on state contract has been in place for over five years. Therefore, the changes to this rule, which simply clarify that no other public entity may impose an administrative fee on state contracts, will not have any impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to this rule clarify that no other public entity may impose an administrative fee on state contracts. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule will have on businesses, as a result of the changes to this rule. The changes to this rule do not give the Division the authority to charge an administrative fee. The Division's authority to charge an administrative fee is authorized pursuant to Section 63A-1-109.5, Subsection 63G-6a-303(2)(b), and Section 63A-2-103. This rule simply clarifies that only the Division, and no other public entity, may charge an administrative fee on state cooperative contracts or contracts issued by the Chief Procurement Officer. The statutory authorization allowing the Division to charge an administrative fee to vendors on state contract has been in place for over five years. Therefore, the changes to this rule, which simply clarify that no other public entity may impose an administrative fee on state contracts, will not have a 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 08/15/2016 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 - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40568.htm No. 40569 (Amendment): R33-24. Unlawful Conduct. SUMMARY OF THE RULE OR CHANGE: This rule title was amended to add "and Ethical Standards." Additionally, Section R33-24-108 was added to address the ethical standards for an employee of a procurement unit involved in the procurement process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The changes to this rule simply address the ethical standards for an employee of a procurement unit involved in the procurement process. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that are expected for local government. The changes to this rule simply address the ethical standards for an employee of a procurement unit involved in the procurement process. - SMALL BUSINESSES: There are no anticipated costs or savings expected for small businesses. The changes to this rule simply address the ethical standards for an employee of a procurement unit involved in the procurement process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings for persons other than small businesses, businesses, or local government entities. The changes to this rule simply address the ethical standards for an employee of a procurement unit involved in the procurement process. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to this rule simply address the ethical standards for an employee of a procurement unit involved in the procurement process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. The changes to this rule simply address the ethical standards for an employee of a procurement unit involved in the procurement process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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 - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40569.htm AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 40584 (Amendment): R58-18. Elk Farming. SUMMARY OF THE RULE OR CHANGE: The rule changes clarify that identification must be either through a tattoo or an electronic identification tag. Also, the rule clarifies that there may only be a 95% error rate between physical inventory and bookkeeping inventory. Further, there will only be a 10% error rate on samples for chronic wasting disease for farms with more than 20 elk and no error rate for those with less than 10. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Little to no additional cost: legislation appropriated money to the program in 2016 will help pay for a full-time employee that, as part of their duties, will be to inspect records and facilities. Electronic tags have already been in use, and the wording is changed to clarify what is used. There will be no additional cost. Chronic wasting disease testing has been required from the beginning of the program for all deaths. The changing of acceptable error rates will have no effect on the state's budget. - LOCAL GOVERNMENTS: No cost or savings to local government, as this program is not regulated by anyone other than the State Department of Agriculture and Food. - SMALL BUSINESSES: There should be no additional costs or savings to small business, including the elk farms themselves. This rule has been in place since the beginning of the program. Adding percentages for error rates or dates of removal will not change costs from current costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There should be no effect on costs or savings to any other entity. This rule is only pertinent to the elk industry and has no effect to cost or savings on the elk industry. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should be no additional compliance costs to the elk farms. The rule already required testing and there should be no additional financial cost to the producers. Adding percentages for error rates or dates of removal will not change costs from current costs. Electronic tags have already been in use and the wording is changed to clarify what is used. There will be no additional cost. Chronic wasting disease testing has been required from the beginning of the program for all deaths. The changing of acceptable error rates will have no effect on or change what they are doing now. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes will help protect the Domestic Elk Industry as well as wildlife. The changes made should have no additional impact on producers as they are already required to supply these samples. The only change is the error rate for inspection purposes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - 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 THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40584.htm CRIME VICTIM REPARATIONS ADMINISTRATION No. 40524 (New Rule): R270-6. Recusal of a Board Member for a Conflict of Interest. SUMMARY OF THE RULE OR CHANGE: This rule establishes standards and procedures for addressing potential conflicts of interest and the recusal of a Board member for a conflict of interest. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to state budget that are expected as a result of this rule. The rule simply addresses the standards and procedures for addressing potential conflicts of interest for a Board member. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government that are expected as a result of this rule. The rule simply addresses the standards and procedures for addressing potential conflicts of interest for a Board member. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses that are expected as a result of this rule. The rule does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected as a result of this rule. The rule simply addresses the standards and procedures for addressing potential conflicts of interest for a Board member. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The rule simply addresses the standards and procedures for addressing potential conflicts of interest for a Board member. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that the rule may have on businesses. The rule does not apply to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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 THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40524.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 40550 (Amendment): R432-14. Birthing Center Construction Rule. SUMMARY OF THE RULE OR CHANGE: The rule amendment is to modify, clarify, and define birthing center construction requirements. The amendment includes modifications to allow for one birth room centers to be licensed, clarifies required emergency lighting, and outlines which guidelines and construction rules will not apply. This amendment also corrects many outdated references and corrects numbering errors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because there will be no change in current practice. - LOCAL GOVERNMENTS: There is no impact to the local government budget because there will be no change in current practice. - SMALL BUSINESSES: There is no impact to the small businesses budget because there will be no change in current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to businesses, individuals, local governments, and persons that are not small businesses because there will be no change in current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to affected persons because there will be no change in current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because there are no required changes to current practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40550.htm No. 40551 (Amendment): R432-550. Emergency and Disaster. SUMMARY OF THE RULE OR CHANGE: The rule amendment adds and defines the facilities requirements to have disaster plans and procedures in place to ensure the health and safety of patients during a disaster. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because there will be no change in current practice. - LOCAL GOVERNMENTS: There is no impact to the local government budget because there will be no change in current practice. - SMALL BUSINESSES: There is no impact to the small businesses budget because there will be no change in current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to businesses, individuals, local governments, and persons that are not small businesses because there will be no change in current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to affected persons because there will be no change in current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because there is no required change to current practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40551.htm PUBLIC SAFETY FIRE MARSHAL No. 40522 (Amendment): R710-5. Automatic Fire Sprinkler System Inspecting and Testing. 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. Rule R710-5 section numbers have been corrected. References to fee amounts found in the Utah State Fee Schedule 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 local budgets 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 small business' budgets 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' budgets 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 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40522.htm No. 40523 (Amendment): R710-8. Day Care Rules. 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. Specific references from the state adopted fire code have been removed. IFC code references have been updated. The term "window" has been replaced with "opening" to match applicable code references. 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 local budgets 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 small business' budgets 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 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40523.htm No. 40546 (Amendment): R710-9. Rules Pursuant to the Utah Fire Prevention and Safety Act. 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; references to chair and vice chair have been corrected to make them gender neutral; meeting notification have been changed from 21 days to 14 days, an individual's ability to make a code amendment proposal to the board have been clarified; and the use of anti-freeze in existing systems has been clarified. 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 local budgets 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 small business' budgets 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 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40546.htm No. 40544 (Amendment): R710-10. Rules Pursuant to Fire Service Training, Education, and Certification. 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, corrects rule references changed to meet the requirements of the Rulewriting Manual, and deletes reference to Hazardous Materials Institute and changes it to State Fire Marshal's Office. 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 formatting and other minor changes. - LOCAL GOVERNMENTS: There will not be an anticipated cost or savings to local budgets because the changes made to the rule are specific to formatting and other minor changes. - SMALL BUSINESSES: There will not be an anticipated cost or savings to small business' budgets because the changes made to the rule are specific to formatting and other minor changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be an anticipated cost or savings to persons' budgets because the changes made to the rule are specific to formatting and other minor changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be an anticipated cost or savings because the changes made to the rule are specific to formatting and other minor changes. 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 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40544.htm No. 40521 (Amendment): R710-11. Fire Alarm System Inspecting and Testing. 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. This amendment corrects rule references changed to meet the requirements of the Rulewriting Manual, deletes sections of state adopted codes and standards from this rule that are part of another code, and removes reference to fee amounts that are found in the State Fee Schedule. 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 local budgets 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 small business' budgets 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' budgets 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 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 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40521.htm No. 40520 (Amendment): R710-12. Hazardous Materials Training and Certification. 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. This amendment removes adoption from the purpose statement, creates a new section for adoption, and removes redundant definitions. This amendment also replaces Hazardous Materials Institute with State Fire Marshal's office, corrects certification authority by removing Institute of Emergency Services and Homeland Security, and removes reference to fee amounts that are found in the State Fee Schedule. 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 formatting and other minor changes. - LOCAL GOVERNMENTS: There will not be an anticipated cost or savings to local budgets because the changes made to the rule are specific to formatting and other minor changes. - SMALL BUSINESSES: There will not be an anticipated cost or savings to small businesses' budgets because the changes made to the rule are specific to formatting and other minor changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be an anticipated cost or savings to persons' budgets because the changes made to the rule are specific to formatting and other minor changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be an anticipated cost or savings because the changes made to the rule are specific to formatting and other minor changes. 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 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40520.htm No. 40519 (Amendment): R710-13. Reduced Cigarette Ignition Propensity and Firefighter Protection Act. 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. Excerpts from Sections 53- 7-404 through 53-7-408 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 formatting and other minor changes. - LOCAL GOVERNMENTS: There will not be an anticipated cost or savings to local budgets because the changes made to the rule are specific to formatting and other minor changes. - SMALL BUSINESSES: There will not be an anticipated cost or savings to small businesses' budgets because the changes made to the rule are specific to formatting and other minor changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be an anticipated cost or savings to persons' budgets because the changes made to the rule are specific to formatting and other minor changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be an anticipated cost or savings because the changes made to the rule are specific to formatting and other minor changes. 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 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40519.htm HIGHWAY PATROL No. 40552 (Repeal and Reenact): R714-158. Vehicle Safety Inspection Program Requirements. SUMMARY OF THE RULE OR CHANGE: In Section R714-158-3, a paragraph is added. Changes to Section R714-158-3 also include adding definitions, redefining some current ones, and removing some. In Section R714-158-4, the title is changed. A Safety Inspection station will be required to employ a station manager who possesses a valid certificate. Amount of the surety bond required is changed from $1,000 to $10,000 or Garage Keepers Insurance. The $25 annual license fee is eliminated from the rule. The $100 reinstatement fee for a station or inspector that has been suspended or revoked is eliminated from the rule. The $100 fee required for a station name or address change is changed to $87 and is no longer found in the rule. A Safety Inspection must obtain and maintain a valid business license and business registration from the Utah Department of Commerce unless it is a government station. The application and denial process for a new Safety Inspection station is more clearly defined. In Section R714-158-5, the title is changed. Building and equipment requirements for Safety Inspection stations that inspect passenger vehicles and light trucks and heavy vehicles are defined. In Section R714-158-6, the title is changed. A person applying to become an inspector no longer needs a valid driver license, but must present a passport or copy of a valid driver license or identification card issued by a state government within the United States to verify identity. The application and denial process for an inspector is more clearly defined. The $10 processing fee is reduced to $7 and is no longer found in the rule. The $20 fee to replace a lost or missing inspector certification card is reduced to $1 and is no longer found in the rule. In Section R714-158-7, the title is changed. In order for an inspector to renew a certificate, they are required to successfully complete the training course within six months prior to the expiration date of the certificate. The renewal and denial process for inspectors is re-defined. In Section R714-158-8, the title is changed. Actions for students who falsify information or cheat are added. In Section R714-158-9, the title is changed. Stations will no longer be required to be open for at least eight hours during normal business days. They will no longer be required to have at least one inspector on duty during business hours. Changes also require all inspection certificates to be issued through the online inspection program unless it is temporarily unavailable. If the online program is unavailable for more than three days, the station will be required to contact the division. Paper inspection certificates can be used while the online program is temporarily unavailable, but the information from the inspection will need to be entered into the online program within 72 hours after the it becomes available again. The changes require that safety inspections be conducted and certificates be issued only at the station where the inspector is employed unless the inspection is performed on a government- owned emergency fire response vehicle or ambulance. Inspectors should avoid conducting safety inspections on their personally-owned or operated vehicles. Inspectors can only use their username and password when using the online inspection program. The changes redefine other general safety inspection program requirements. In Section R714-158-10, the title is changed. Station Fee to Utah Interactive language is removed from the rule. Changes the limits on number of inspection certificate books that can be purchased. In Section R714-158-11, the title is changed. Violation of federal safety inspection laws, rules, or regulations are added. Delinquent fee for Utah Interactive language is removed from the rule. An applicant or licensee who is denied a certificate or permit will not be eligible to reapply for a period of 90 days from the date of denial. A licensee whose certificate or permit is revoked will not be eligible to reapply for another certificate or permit for a period of one year from the date of revocation. In Section R714-158-12, time to request an appeal hearing is lengthened from 10 days to 15 days. A hearing is required to be held within 30 days of the request. The hearing officer will have 10 days instead of 5 days to issue a written decision. An appeal to the advisory council will be able to be made within 30 days instead of 10 days. The written decision of the council will constitute final agency action and will be subject to judicial review. Reconsideration of the order of the advisory council by the department is removed. In Section R714-158-13, procedures for safety inspection station closures is added as required by statute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that the state budget will experience a loss of revenue as a result of the changes made to this rule. Several fees that are collected by the Safety Inspection program have been removed from this rule. The fees that have been removed are not supported by statutory language. Some of the fees are still collected, although at a lower rate, which are referenced in statute. The changes include the following: the $25 annual license fee has been eliminated; the $100 reinstatement fee for a station or inspector that has been suspended or revoked has been eliminated; the $100 fee required for a station name or address changed has been changed to $87 and is no longer found in the rule; the $10 processing fee has been reduced to $7 and is no longer found in the rule; and the $20 fee to replace a lost or missing inspector certification card has been reduced to $1 and is no longer found in the rule. - LOCAL GOVERNMENTS: Prior to the rule change, the application packet for new stations required proof of a business license and registration with the Department of Commerce. This requirement has now been incorporated into the rule. The addition of this language will require that an inspection station pay fees to local government agencies to obtain a business license. - SMALL BUSINESSES: Required inspection station tools and equipment were listed in the application packet. Now those requirements are listed in the rule. Stations that were not using the online inspection system will now be required to use it. This requires a computer, internet connection, and printer. The manager of a station will now be required to be a certified vehicle safety inspector. Compliance with these requirements may result in a cost impact to some inspection stations that have not yet come into compliance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No other persons will be affected financially as this rule only imposes fee requirements as they apply to small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: The cost of a computer, internet connection, and printer would be applicable to stations that are not already equipped. There would be no compliance cost for the changes associated with the appeal process as it relates to the Vehicle Safety Advisory Council. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and have determined that there may be a potential fiscal impact on businesses. The surety bond amount required has increased from $1,000 to $10,000. Businesses may experience an increase in the premium amount for a surety bond as a result of the increase in the required coverage amount. Both the $25 annual license fee and the $100 reinstatement fee have been eliminated from the rule and will no longer be paid by a business. In addition, the $100 address change fee has been reduced to $87, the $10 processing fee has been reduced to $7, and the $20 replacement license fee has been reduced to $1. The changes to the fees will result in a cost savings for businesses. A business that has not yet obtained computer equipment or is not currently using the online inspection system will now be required to use it. This could result in a fiscal impact to the business in order to obtain required equipment for use in connecting to the online system. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40552.htm No. 40543 (Repeal and Reenact): R714-161. Equipment Standards for Motorcycle and ATV Safety Inspections. SUMMARY OF THE RULE OR CHANGE: For Rule R714-161, "ATV" has been eliminated from the title. In Section R714-161-1, Subsection 53-8-204(5) has been added as giving authorization. In Section R714-161-2, "ATV" has been eliminated. Statutory reference to Section 53-8-204 has been added as giving authorization. In Section R714-161-3, the title has been changed. It also states that terms used in this rule are found in Sections 41-1a-102, 41-6a- 102, and 49 CFR 571. Seven definitions have also been added. In Section R714-161-4, the title has been changed. This rule incorporates by reference the standards found in 49 CFR 571 as the minimum standards a motor vehicle must meet to pass a safety inspection, unless state law provides a different standard. In Section R714-161-5, the title has been changed. It also states this rule is applicable to all motorcycles. In Section R714-161-6, the title has been changed. If a test drive needs to be performed off the station's property, the customer shall be informed. Inspection fees have been removed from the rule, but are found in statute. In Section R714-161-7, the title has been changed. Some of the wording for inspecting license plates has changed, but violations are still an "advise". License plate positioning is more clearly defined. In Section R714-161-8, the title has been changed. In Section R714-161-9, the title has been changed. In Section R714-161-10, the title has been changed. In Section R714-161-11, the title has been changed. Some of the wording has been modified, but is essentially the same criteria. If a tail lamp bulb or lens is tinted or covered with any material that impairs the intended original performance expectations of the light, it is a "reject". Headlamps may be covered with a clear lens cover. In Section R714-161-12, the title has been changed. In Section R714-161-13, the title has been changed. In Section R714-161-14, the title has been changed. The rule now states that a chain or sprocket is rejected if worn beyond manufacturer's specification rather than stating a chain or sprocket is rejected for being worn. The words "A stay strap or bar is acceptable" have been removed from the part related to inspecting handholds on a seat designed for two people. In Section R714-161-15, the title has been changed. In Section R714-161-16, the title has been changed. "Excessive noise" has been removed as an item the inspector checks for. In Section R714-161-17, the title has been changed. In Section R714-161-18, the title has been changed. This section replaces the "Two Wheel Dirt Bikes" section. It has been simplified and requires that a motorcycle originally designed to travel off- highway and has been modified to be street legal is subject to the same vehicle standards in Rule R714-161. The section for inspecting street-legal all-terrain vehicles (ATVs) will be replaced by a new rule (Rule R714-163). The section titled "Mopeds and Mini-motorcycles" has been eliminated because safety inspections are not required for mopeds and are exempt from registration. Mini-motorcycles do not need to be safety inspected or registered in Utah. (Editor's Note: The proposed new Rule R714-163 is under Filing No. 40542 in this issue, July 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget since the inspection standards for motorcycles are relatively the same. - LOCAL GOVERNMENTS: The is no anticipated cost or savings to local governments because the inspection standards for motorcycles are relatively the same. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the inspection standards for motorcycles are relatively the same. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the inspection standards for motorcycles are relatively the same. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with changes in this rule. There should be no increased costs to safety inspection stations and inspectors to comply with the changes in this rule. Compliance costs for customers that fail a safety inspection vary, depending on what item needs to be repaired, but that cost is determined by the person or business that repairs the item. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that the amendment will not have a 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40543.htm No. 40542 (New Rule): R714-163. Street-Legal All-Terrain Vehicles. SUMMARY OF THE RULE OR CHANGE: This rule provides standards and reference to standards contained in state statute for the safety inspection of street- legal ATVs. This rule used to be part of Rule R714-161. (Editor's Note: The proposed repeal and reenactment of Rule R714-161 is under Filing No. 40543 in this issue, July 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because the requirements for safety inspection are outlined in state statute. The rule outlines the procedures for rejection of inspection if a vehicle is not compliant with state statute. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government because the requirements for safety inspection are outlined in state statute. The rule outlines the procedures for rejection of inspection if a vehicle is not compliant with state statute. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the requirements for safety inspection are outlined in state statute. The rule outlines the procedures for rejection of inspection if a vehicle is not compliant with state statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the requirements for safety inspection are outlined in state statute. The rule outlines the procedures for rejection of inspection if a vehicle is not compliant with state statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: Vehicles being registered as street- legal all-terrain vehicles (ATVs) will need to pass a safety inspection the first time they are registered. After initial registration, the age of the vehicle determines how often it will need to be inspected again to renew the registration. A safety inspection station can charge no more than $7 for inspecting an all-terrain type 1 or utility type vehicle, and no more than $15 for a full-sized ATV. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that enacting the rule will not have a 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40542.htm PEACE OFFICER STANDARDS AND TRAINING No. 40527 (Repeal): R728-101. Public Petitions for Declaratory Rulings. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety because there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of this rule because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety. - LOCAL GOVERNMENTS: Repealing this rule will not have an impact on local government budgets because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of this rule will not impact other persons not mentioned in this section because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of this rule because the purpose for repealing the rule is that there is a rule, R698-1, that addresses this topic for the entire Department of Public Safety. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing the rule 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40527.htm No. 40534 (Repeal and Reenact): R728-401. Requirements For Approval and Certification of Peace Officer Basic Training Programs and Applicants. SUMMARY OF THE RULE OR CHANGE: The changes include changing the rule title; defining satellite academy; clarifying to the rule regarding satellite academies; adding procedures for course validation; moving information regarding instructors and lesson plans to Rule R728-403; and adding the requirement for the division to conduct satellite audits and site visits. (Editor's Note: The proposed repeal and reenactment of Rule R728-403 is under Filing No. 40535 in this issue, July 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of the original rule because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728-406 have been repealed. - LOCAL GOVERNMENTS: Repealing the original rule will not have an impact on local government budgets because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728-406 have been repealed. - SMALL BUSINESSES: Repealing the original rule will not have a fiscal impact on small businesses because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728-406 have been repealed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repeal of the original rule will not impact other persons not mentioned in this section because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728-406 have been repealed. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of the original rule because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728- 406 have been repealed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing and reenacting the rule 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40534.htm No. 40528 (Repeal): R728-402. Application Procedures to Attend a Basic Peace Officer Training Program. SUMMARY OF THE RULE OR CHANGE: This rule outlined the application procedure to attend a basic peace officer training program. All of this information will now be contained in Rules R728-401 and R728-403. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of this rule because the existing application procedure information is being incorporated into Rules R728-401 and R728-403. - LOCAL GOVERNMENTS: Repealing this rule will not have an impact on local government budgets because the existing application procedure information is being incorporated into Rules R728-401 and R728-403. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses because the existing application procedure information is being incorporated into Rules R728-401 and R728-403. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of this rule will not impact other persons not mentioned in this section because the existing application procedure information is being incorporated into Rules R728-401 and R728-403. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of this rule because the existing application procedure information is being incorporated into Rules R728-401 and R728-403. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing the rule 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40528.htm No. 40535 (Repeal and Reenact): R728-403. Qualifications For Admission To Certified Peace Officer Training Academies. SUMMARY OF THE RULE OR CHANGE: The changes include changing the title of the rule; defining documents acceptable as evidence of citizenship; added requirement for proof of successful completion of National Peace Officer Selection Test; clarifying that applicants who are subject of an ongoing investigation are not eligible for training or certification; clarifying the appeal process for applicants who are denied admission; clarifying the physical fitness requirements for entrance to a training program; clarifying the requirements for drug testing of applicants and cadets; clarifying the requirements of the completion of a training program; clarifying the process for waiving a basic training program; clarifying the process for reactivation of certification; and clarifying the process for denial of certification. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no compliance costs associated with the repealing of the original rule because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed. - LOCAL GOVERNMENTS: Repealing the original rule will not have an impact on local government budgets because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed. - SMALL BUSINESSES: Repealing the original rule will not have a fiscal impact on small businesses because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of the original rule will not impact other persons not mentioned in this section because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of the original rule because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728- 406, and R728-407 have been incorporated into this rule, and those rules have been repealed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing and reenacting the rule 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40535.htm No. 40531 (Repeal): R728-404. Basic Training Basic Academy Rules. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403. - LOCAL GOVERNMENTS: Repealing this rule will not have an impact on local government budgets because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of this rule will not impact other persons not mentioned in this section because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728- 403. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing the rule 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40531.htm No. 40532 (Repeal): R728-405. Drug Testing Requirement. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403. - LOCAL GOVERNMENTS: Repealing this rule will not have an impact on local government budgets because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of this rule will not impact other persons not mentioned in this section because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing the rule 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40532.htm No. 40529 (Repeal): R728-406. Requirements for Approval and Certification of Basic Correctional, Reserve and Special Function Training Programs and Applicants. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety to eliminate redundancy and clarify rules. The information contained in the rule will now be incorporated into Rules R728-401 and R728-403. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of this rule because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403. - LOCAL GOVERNMENTS: Repealing this rule will not have an impact on local government budgets because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of this rule will not impact other persons not mentioned in this section. The information contained in the rule will now be incorporated into Rules R728-401 and R728-403. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of this rule because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing the rule 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40529.htm No. 40533 (Repeal): R728-407. Waiver/Reactivation Process. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule R728-403. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule R728-403. - LOCAL GOVERNMENTS: Repealing this rule will not have an impact on local government budgets because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule R728-403. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule R728-403. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of this rule will not impact other persons not mentioned in this section because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule R728-403. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule R728-403. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing the rule 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40533.htm No. 40536 (Repeal and Reenact): R728-410. Guidelines Regarding Failure To Obtain Annual Statutory Training. SUMMARY OF THE RULE OR CHANGE: The changes include revising guidelines for annual statutory training and guidelines for reporting annual training to appropriately outline current requirements and procedures; defining the terms "annual statutory training"," in-service training", "reporting year", and "training year" in Section R728-410-3; outlining provisions for a waiver of the required training for peace officers or dispatchers in Section R728-410- 4; outlining the requirements for training record maintenance by a chief administrative officer for peace officers or dispatchers employed within their agency Section R728-410-5; outlining the requirement to report completion of required training to the division in Section R728-410-6; indicating in Section R728-410-7 that all training offered by the division is authorized for in-service credit, and that a chief administrative officer of an agency can authorize other forms of training for it's peace officers and dispatchers; and outlining in Section R728-410-8 the provisions for suspension of the certification of a peace officer or dispatcher for failure to complete required training, and requirements for reinstatement of the certification. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the state budget as a result of the repeal and reenactment of this rule because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency. - LOCAL GOVERNMENTS: Repealing and reenacting this rule will not have an impact on local government budgets because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency. - SMALL BUSINESSES: Repealing and reenacting this rule will not have a fiscal impact on small businesses because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing and reenacting of this rule will not impact other persons not mentioned in this section because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing and reenacting of this rule because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing and reenacting the rule will not have a 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40536.htm No. 40537 (Repeal and Reenact): R728-411. Guidelines Regarding Administrative Action Taken Against Individuals Functioning As Peace Officers Without Peace Officer Certification Or Powers. SUMMARY OF THE RULE OR CHANGE: The changes include changing the rule title; adding language clarifying authority and purpose of the rule; and clarifying action to be taken regarding impersonating a peace officer and unauthorized exercise of authority. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal and reenactment of this rule because the rule was updated to reflect the proper format and to clarify the authority and purpose of the rule and action to be taken regarding impersonating a peace officer and unauthorized exercise of authority. - LOCAL GOVERNMENTS: Repealing and reenacting this rule will not have an impact on local government budgets because the rule was updated to reflect the proper format and to clarify the authority and purpose of the rule and action to be taken regarding impersonating a peace officer and unauthorized exercise of authority. - SMALL BUSINESSES: Repealing and reenacting this rule will not have a fiscal impact on small businesses because the rule was updated to reflect the proper format and to clarify the authority and purpose of the rule and action to be taken regarding impersonating a peace officer and unauthorized exercise of authority. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing and reenactment of this rule will not impact persons other than small business because the rule was updated to reflect the proper format and to clarify the authority and purpose of the rule and action to be taken regarding impersonating a peace officer and unauthorized exercise of authority. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing and reenactment of this rule because the rule was updated to reflect the proper format and to clarify the authority and purpose of the rule and action to be taken regarding impersonating a peace officer and unauthorized exercise of authority. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing and reenacting the rule will not have a 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40537.htm No. 40530 (Repeal): R728-500. Utah Peace Officer Standards and Training In- Service Training Certification Procedures. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-410. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of this rule because the information found in this rule will now be incorporated into Rule R728-410. - LOCAL GOVERNMENTS: Repealing this rule will not have an impact on local government budgets because the information found in this rule will now be incorporated into Rule R728-410. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses because the information found in this rule will now be incorporated into Rule R728-410. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of this rule will not impact other persons not mentioned in this section because the information found in this rule will now be incorporated into Rule R728-410. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of this rule because the information found in this rule will now be incorporated into Rule R728-410. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing the rule 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40530.htm No. 40539 (Repeal): R728-501. Career Development Courses. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety due to the fact that the information found in this rule is obsolete and no longer applicable. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of this rule due to the fact that the information found in this rule is obsolete and no longer applicable. - LOCAL GOVERNMENTS: Repealing this rule will not have an impact on local government budgets due to the fact that the information found in this rule is obsolete and no longer applicable. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses due to the fact that the information found in this rule is obsolete and no longer applicable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of this rule will not impact other persons not mentioned in this section due to the fact that the information found in this rule is obsolete and no longer applicable. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of this rule due to the fact that the information found in this rule is obsolete and no longer applicable. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing the rule will not have a 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40539.htm No. 40538 (Repeal and Reenact): R728-502. Procedure for POST Instructor Certification. SUMMARY OF THE RULE OR CHANGE: The changes include clarifying the authority and purpose; adding definitions for "satellite academy", "basic training", and "applicant"; clarifying instructor authority and duties; clarifying instructor certification requirements and application procedures; and clarifying procedures for instructor recertification. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal and reenactment of this rule because the rule was updated to reflect the proper format, and to clarify the authority and purpose, add definitions, and clarify procedures for instructor recertification. - LOCAL GOVERNMENTS: Repealing and reenacting this rule will not have an impact on local government budgets because the rule was updated to reflect the proper format, and to clarify the authority and purpose, add definitions, and clarify procedures for instructor recertification. - SMALL BUSINESSES: Repealing and reenacting this rule will not have a fiscal impact on small businesses because the rule was updated to reflect the proper format, and to clarify the authority and purpose, add definitions, and clarify procedures for instructor recertification. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing and reenactment of this rule will not impact other persons because the rule was updated to reflect the proper format, and to clarify the authority and purpose, add definitions, and clarify procedures for instructor recertification. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing and reenactment of this rule because the rule was updated to reflect the proper format, and to clarify the authority and purpose, add definitions, and clarify procedures for instructor recertification. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing and reenacting the rule will not have a 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40538.htm No. 40540 (Repeal): R728-505. Service Dog Program Rules. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the budget with the repeal of this rule because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule. - LOCAL GOVERNMENTS: Repealing this rule will not have an impact on local government budgets because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repealing of this rule will not impact other persons not mentioned in this section because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repealing of this rule because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and found that repealing the rule will not have a 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 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40540.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40553 (Amendment): R746-360-4. Application of Fund Surcharges to Customer Billings. SUMMARY OF THE RULE OR CHANGE: The surcharge is currently 1% of billed intrastate retail rates. As of 10/01/2016, the surcharge will be 1.65% of billed intrastate retail rates. This increased surcharge is intended as an interim solution to keep the Utah Universal Service Fund solvent, while pending legislative review of the funding mechanism. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Increasing the surcharge will increase the balance of the Utah Universal Service Fund, which is created by statute. The revenues to which the surcharge applies are in constant flux; therefore, the exact dollar amount of the increase cannot be calculated. The increase is necessary in order to keep the fund solvent. - LOCAL GOVERNMENTS: Local governments are not required to pay, collect, or administer the surcharge. Therefore, no fiscal impact will accrue to local governments. - SMALL BUSINESSES: Small businesses that are required to pay the surcharge as part of a telecommunications bill will be required to increase that payment by 65%. The Public Service Commission of Utah does not have data from which to calculate the dollar amount of the increase for each affected small businesses. As an example, a company that pays $100 per month for telephone service currently pays $1 per month into the fund. When this rule change becomes effective, such company will pay $1.65 per month. In addition, small businesses that provide intrastate retail telephone service will be required to change their billing in order to charge an increased amount each month. Some computer programming will be required with attendant costs. Those costs will vary and, therefore, cannot be estimated by the Commission. It is anticipated that the costs will be minimal and well within each company's budgeted overhead for regulatory compliance and information technology. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons that are required to pay the surcharge as part of a telecommunications bill will be required to increase that payment by 65%. The Public Service Commission of Utah does not have data from which to calculate the dollar amount of the increase for each person. As an example, a person that pays $100 per month for telephone service currently pays $1 per month into the fund. When this rule change becomes effective, such person will pay $1.65 per month. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, persons that are required to pay the surcharge will increase the monthly payment by 65%. The actual dollar amount paid by each affected person will vary and cannot be estimated. In addition, telecommunications providers will change their billing to charge an increased amount. The costs for the associated computer programming will vary and cannot be estimated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As described in the rule summary, this surcharge change is necessary to maintain current distribution levels from the Utah Universal Service Fund and will function as an interim solution to allow the Utah Legislature to give a more comprehensive evaluation to broader issues related to the fund. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40553.htm TRANSPORTATION ADMINISTRATION No. 40558 (Amendment): R907-63. Structure Repair and Loss Recovery Procedure. SUMMARY OF THE RULE OR CHANGE: This amendment makes grammatical corrections to clarify the substance of the rule and the Department's purpose for having the rule. It also adds text to increase the breadth of the kinds of costs the Department may recover from persons who cause damage to the Department's structures and highway systems, and affirm the Department's policies regarding compromise and settlement of such matters. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment may add savings to the state's budget if it enables the Department to recover all its costs for repairing damage caused to the Department's structures and highway systems by motorists. However, it is not possible to assert with any certainty that the amendment will result in any change in the state's budget. - LOCAL GOVERNMENTS: The Department does not anticipate this amendment will result in any changes to the budgets of local governments because it does not change anything that might affect the revenues of local governments. - SMALL BUSINESSES: The Department does not anticipate this amendment will result in any changes to the budgets of small businesses because it does not change anything that might affect the revenues of small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate this amendment will result in any changes to the budgets of persons other than small businesses, businesses, or local government entities because it does not change anything that might affect the revenues of persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected by Rule R907-63 are those who cause damage to the Department's structures and highway systems. This amendment does not change who is affected by the rule or how they are affected. The Department's intent is not to alter compliance costs for affected persons with this amendment. The Department's intent with this amendment to add clarity to Rule R907-63 and eliminate possible confusion. Compliance costs for affected persons are determined by the amount of damage they cause to the Department's structures and highway systems. This amendment does not change that. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment should not cause fiscal impact to businesses. The rule itself already requires a business that damages the Department's structures and highway systems to reimburse the Department for the cost of repairing the damage. This amendment should make the rule easier to understand. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40558.htm PROGRAM DEVELOPMENT No. 40525 (Amendment): R926-14. Utah Scenic Byway Program Administration; Scenic Byways Designation, De-designation, and Segmentation Processes. SUMMARY OF THE RULE OR CHANGE: This amendment provides a protocol that owners of property situated adjacent to a state scenic byway, National Scenic Byway, or All-American Road to follow for submitting requests to the Utah State Scenic Byway Committee to segment their property from the designated scenic byway, National Scenic Byway, or All-American Road. The amendment also establishes the process for the Scenic Byway Committee to follow when determining if segmentation requests should be granted and an appeal proceed for property owners to follow when their requests are denied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The department anticipates this amendment will likely increase costs to the state's budget. The fiscal note that accompanied H.B. 232 (2016) stated: "To the extent that requests for segmentation are denied by the Utah State Scenic Byway Committee and the owner of real property appeals, this bill could cost approximately $5,000 per instance from the General Fund for the committee to hire an administrative law judge." The Department has no reason to believe this statement is incorrect. - LOCAL GOVERNMENTS: The Department does not anticipate any change in costs for local governments affected by this amendment. The fiscal note that accompanied H.B. 232 (2016) stated: "Enactment of this legislation likely will not result in direct, measurable costs for local governments." The Department has no reason to believe this statement is incorrect. - SMALL BUSINESSES: The Department does not anticipate any change in costs for small businesses affected by this amendment. The fiscal note that accompanied H.B. 232 (2016) stated: "Enactment of this legislation likely will not result in direct, measurable expenditures by Utah residents or businesses." The Department has no reason to believe this statement is incorrect. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate any change in costs for persons other than small businesses, businesses, or local government entities affected by this amendment. The fiscal note that accompanied H.B. 232 (2016) stated: "Enactment of this legislation likely will not result in direct, measurable expenditures by Utah residents or businesses." The Department has no reason to believe this statement is incorrect. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate any change in costs for persons affected by this amendment. The fiscal note that accompanied H.B. 232 (2016) stated: "Enactment of this legislation likely will not result in direct, measurable expenditures by Utah residents or businesses." The Department has no reason to believe this statement is incorrect. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Based upon statements included in the fiscal note that accompanied H.B. 232 (2016), which is the basis for this amendment, I do not believe the amendment will cause any 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 08/15/2016 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: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40525.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 40557 (Amendment): R986-100. Employment Support Programs. SUMMARY OF THE RULE OR CHANGE: The change clarifies which changes must be reported to the Department within 10 days. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This applies to federally-funded programs, so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This applies to federally-funded programs, so there are no costs or savings to local governments. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including persons affected by this change. There is no cost for reporting changes. This proposed amendment simply changes the time frame for reporting certain changes. Clients do not incur any costs by complying with this proposed amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40557.htm No. 40556 (Amendment): R986-200-221. Drug Testing Requirements. SUMMARY OF THE RULE OR CHANGE: H.B. 172 (2016) changed the drug testing requirement from an initial eligibility requirement to an ongoing eligibility requirement. The impact will be the same; it will simply be easier to administer under these changes as testing will not be needed during the application process but immediately thereafter. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This applies to federally-funded programs, so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This applies to federally-funded programs, so there are no costs or savings to local governments. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including persons affected by this change. The Department pays the cost of testing within its current budget. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40556.htm No. 40554 (Amendment): R986-700. Child Care Assistance. SUMMARY OF THE RULE OR CHANGE: These changes outline eligibility requirements for IGP scholarships, how to apply for a scholarship, and how the Department will award scholarships to ensure it stays within funding limits. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no costs or savings to the state budget as services and scholarships will be provided within the amount allocated in S.B. 101 (2016). - LOCAL GOVERNMENTS: There will be no costs or savings to any local government as this is a state-funded program. - SMALL BUSINESSES: There will be no costs or savings to any small businesses as these changes will be paid for from allocated state funds. Small businesses will not be affected by these changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including persons affected by this change. This is a program to provide scholarships, and there are no fees or compliance costs to apply for or receive the scholarship. All expenses will be paid by the Department within the budget allotted by the Legislature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40554.htm No. 40555 (Amendment): R986-700. Child Care Assistance. SUMMARY OF THE RULE OR CHANGE: Clients must be citizens or qualified aliens authorized to work in the U.S. to receive assistance. The review period has been changed to 12 months to streamline cases where there are no changes. This amendment provides for benefits during periods of temporary change. If a parent will be on a temporary break, this allows the parent to keep the child care provider and ensure continuity of care. The amendment does not allow a sponsor of a qualified alien to receive assistance for care of the alien or his or her children. The amendment prohibits a provider from keeping an overpayment and using it for non-eligible costs or other months. The amendment also requires providers to provide tax identification numbers for Form 1099; allows for minimal work requirements for parents who are medically unable to meet requirements; allows a parent to use child care assistance during a break in school schedule; clarifies when children with special needs will be approved for additional expenses; and allows the Department to request background checks when needed but not every five years. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This applies to federally-funded programs, so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This applies to federally-funded programs, so there are no costs or savings to local governments. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including persons affected by this change. This proposed rule change does not require the payment of any compliance costs by clients or to providers. There are no compliance costs to participate in child care assistance. Some parents have a co-pay, but this is not a compliance cost and is not changed by this proposed amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40555.htm 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. ADMINISTRATIVE SERVICES FINANCE No. 40548 (Emergency Rule): R25-7. Travel-Related Reimbursements for State Employees. SUMMARY OF THE RULE OR CHANGE: The rule increases reimbursement rates for in-state food reimbursements and increases some in-state hotel rates. (Editor's Note: A corresponding proposed amendment is under DAR No. 40547 in this issue, July 15, 2016, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The Division of Finance is required by Section 63A-3-107 to make rules governing in-state and out-of-state travel expenses and to set travel rates. This is done on a fiscal-year basis. Any changes in travel rates need to be in place by 07/01/2016, for fiscal year 2017. Travel reimbursements for employees and board members will be inaccurate if the rule is not changed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will potentially be an increased cost to the state as in-state food per diem rates have increased, and some in-state hotel rates have increased. There will also be an increased cost to the state if travel is to a Tier I or Tier II premium city because meal per diems have increased for these cities. - LOCAL GOVERNMENTS: There will not be costs to local governments because the rule only governs reimbursements by the state to individuals traveling on state business. - SMALL BUSINESSES: Small businesses may see an increase in revenue. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursement will see a slight increase in their per diem reimbursement amounts for in-state travel and travel to premium cities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the amendment only changes reimbursement rates and does not require any new action on the part of persons applying for reimbursements, there are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are reasonable and warranted. Small business may see an increase in revenue. However, the agency cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40548.htm HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 40549 (Emergency Rule): R384-205. Opiate Overdose Outreach Pilot Program. SUMMARY OF THE RULE OR CHANGE: This rule establishes procedures and application processes pursuant to Title 26, Chapter 55, for the Utah Department of Health to provide funds to pay for the purchase of an opiate antagonist or to pay for the cost of providing training on the proper administration of an opiate antagonist in response to an opiate-related drug overdose event. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: During the 2016 General Session, H.B. 192, Opiate Overdose Response Act Pilot Program and Other Amendments, was passed and created the Opiate Overdose Outreach Pilot Program. The bill states that rulemaking, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, must be completed no later than 07/01/2016. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule contains procedures for distribution of funds from the Opioid Overdose Outreach Pilot Program established by Title 26, Chapter 55. There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization, but those costs are hard to measure. The pilot program will make approximately $150,000 in one time funding available through a grant application process to organizations implementing opioid overdose prevention strategies. The funds allocated for the pilot project grants is $150,000. There will be an increase in workload at the Department to administer this program, but these costs will be covered by existing funding. - LOCAL GOVERNMENTS: The only costs would be if some local governments choose to apply for the grants. The agency has no way of determining the salary of staff or time involved in applying and administering the program. Costs associated with completing the grant application will be incurred by the organizations applying. Costs incurred by the organizations for the administering of the program cannot be covered by the grant per Subsection 26-55-107(5)(b). There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization, but those costs would be hard to measure. - SMALL BUSINESSES: Some small pharmacies could lose sales of naloxone kits due to the pilot program although the agency's experience has been that small pharmacies do not carry naloxone kits because they are too expensive. Some small non-profit business involved with those at high risk for misusing and abusing opioids will qualify and may choose to apply for the grants. The agency has no way of determining the salary of staff or time involved in applying and administering the program. Costs associated with completing the grant application will be incurred by the organizations applying. Costs incurred by the organizations for the administering the program cannot be covered by the grant per Section 26-55-107(5)(b). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule will not result in direct, measurable costs for other persons. There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization costs, but those costs would be difficult to measure. Some pharmacies could lose sales of naloxone kits due to the pilot program, but that would be difficult to anticipate or measure. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule provides procedures for distribution of funds from the Opioid Overdose Outreach Pilot Program established by Title 26, Chapter 55, which 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: This rule is adopted as an emergency rule in order to comply with H.B. 192 (2016), which required that the Department adopt a rule to establish procedures to distribute funds from the Opioid Overdose Outreach Pilot Program by July 1, 2016. There may be slight fiscal impact on the few small pharmacies that sell naloxone kits since program funds may be used for such kits. DIRECT QUESTIONS REGARDING THIS RULE TO: - Trisha Keller by phone at 801-538-6865, by FAX at 801-538-9134, or by Internet E-mail at trishakeller@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40549.htm 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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40526 (5-year Review): R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code 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 for the Division and the Uniform Building Code Commission to perform duties assigned to them as provided by Title 15A. This rule should also be continued as it provides information to persons participating in the construction industry about approved codes, methods of presenting code amendments for consideration, information about the appeal process for challenges to code enforcement, and information about standardized building permits forms. DIRECT QUESTIONS REGARDING THIS RULE TO: - Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov EFFECTIVE: 06/20/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40526.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 40572 (5-year Review): R313-12. General Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary because it lays the foundation for establishing radiation safety and protection and, as an Agreement State, maintains the appropriate regulatory compatibility with the NRC. There have been no opposing comments to the rule since the last five-year review in 2011. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40572.htm No. 40573 (5-year Review): R313-14. Violations and Escalated Enforcement. 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 necessary because it establishes actions that may be taken for noncompliance with existing radiation control laws and rules and, as an Agreement State, maintains the appropriate regulatory compatibility with the NRC. This includes setting violation severity levels, enforcement sanctions, and assessment of civil penalties. There have been no comments opposing the rule since the last five-year review in 2011. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40573.htm No. 40574 (5-year Review): R313-16. General Requirements Applicable to the Installation, Registration, Inspection, and Use of Radiation Machines. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary because it prescribes requirements governing the installation, registration, inspection, and use of sources of electronically produced ionizing radiation as a means to protect human health and the environment. The prolific use of such machines is not only very common among the healing arts professions for critical diagnostic and therapeutic applications. They also provide key functions in veterinarian, academic, industrial, and other professional applications. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40574.htm No. 40575 (5-year Review): R313-17. Administrative Procedures. 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 necessary because it establishes the requirements for conducting public hearings for various radioactive materials licensing actions, including those that are required by federal law for 11e.(2) byproduct material licensing actions. As an Agreement State, the rule also is necessary for maintaining the appropriate regulatory compatibility with the NRC. There have been no comments opposing the rule since the last five-year review in 2011. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40575.htm No. 40576 (5-year Review): R313-18. Notices, Instructions and Reports to Workers by Licensees or Registrants--Inspections. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary because it specifies the training and notification requirements by employers for workers that use radioactive materials. The rule also provides the basis for worker protection and safety requirements and, as an Agreement State, maintains the appropriate regulatory compatibility with the NRC. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40576.htm No. 40577 (5-year Review): R313-19. Requirements of General Applicability to Licensing of Radioactive Material. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule because it prescribes requirements governing the licensing of radioactive material. This rule also needs to be continued to ensure that the state's rules are adequate to protect public health and safety, and meet compatibility requirements of the U. S. Nuclear Regulatory Commission's program. The rule identifies certain concentrations or quantities of radioactive material which are exempt from licensing. The rule also establishes the conditions for safe transportation of radioactive material, provides for reciprocal recognition of out-of-state licenses, and identifies terms and conditions of licenses. No opposing comments have been received. 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 - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40577.htm No. 40578 (5-year Review): R313-22. Specific Licenses. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule because it prescribes requirements for the issuance of "specific licenses" for control of radioactive material. This rule also needs to be continued to ensure that the state's rules are adequate to protect public health and safety, and meet compatibility requirements of the U. S. Nuclear Regulatory Commission's program. The rule prescribes procedures for filing an application to assure financial surety for decommissioning facilities where radioactive materials are used and requirements for "specific licenses" of broad scope. The requirements for issuance of "specific licenses" help ensure protection of public health and safety or property. No opposing comments have been received. 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 - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40578.htm No. 40579 (5-year Review): R313-25. License Requirements for Land Disposal of Radioactive Waste - General Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes the procedures, criteria, and terms and conditions upon which a license may be issued for the land disposal of radioactive wastes. It is necessary to continue this rule because of the presence of an active low-level radioactive waste disposal facility in the State of Utah. This rule also needs to be continued to ensure that the state's rules are adequate to protect public health and safety, and meet compatibility requirements of the U. S. Nuclear Regulatory Commission's program. 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 - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40579.htm No. 40580 (5-year Review): R313-28. Use of X-Rays in the Healing Arts. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule because it prescribes the requirements for the use of x-rays in the healing arts. The rule establishes x-ray machine parameters for limiting the size of the x-ray beam, controlling radiation exposure, maintaining accuracy and linearity, and defining performance of mammography x-ray systems. No opposing comments have been received. 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 - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40580.htm No. 40581 (5-year Review): R313-32. Medical Use of Radioactive Material. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule because it establishes the requirements for the medical use of radiation and radioactive material. This rule also needs to be continued to ensure that the state's rules are adequate to protect public health and safety, and meet compatibility requirements of the U. S. Nuclear Regulatory Commission's program. The rule provides for protection of the public health and safety by controlling the internal or external administration of radioactive material to humans. The rule also establishes training requirements for individuals who are authorized to use radioactive material in the practice of medicine. 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 - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40581.htm No. 40582 (5-year Review): R313-36. Special Requirements for Industrial Radiographic Operations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule because it establishes the radiation safety requirements for persons who use radioactive material to examine the macroscopic structure of materials. This rule also needs to be continued to ensure that the state's rules are adequate to protect public health and safety, and meet compatibility requirements of the U. S. Nuclear Regulatory Commission's program. The rule establishes the training criteria a person must meet to utilize a radiographic exposure device in the industrial setting. The rule is also needed to meet the requirements of federal law relating to radiation control. No opposing comments have been received. 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 - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40582.htm No. 40583 (5-year Review): R313-70. Payments, Categories and Types of Fees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule because it establishes the requirements for payment of fees for the registration or licensing of sources of radiation. The rule identifies registration or license categories, the time period that a license is valid, and the types of fees the Division has established pursuant to the Legislative Appropriation Act. 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 - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 07/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40583.htm INSURANCE ADMINISTRATION No. 40545 (5-year Review): R590-261. Health Benefit Plan Adverse Benefit Determinations. 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 must be continued because it implements standards that are required by the Patient Protection and Affordable Care Act. It provides a uniform standard for the establishment and maintenance of an independent review procedure to assure that a claimant has the opportunity for an independent review of a final adverse benefit determination. 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: 06/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160715/40545.htm 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. AGRICULTURE AND FOOD HORSE RACING COMMISSION (UTAH) No. 40366 (AMD): R52-7-5.Occupation Licensing and Registration Published: 05/15/2016 Effective: 06/23/2016 MARKETING AND DEVELOPMENT No. 40367 (REP): R65-2.Utah Cherry Marketing Order Published: 05/15/2016 Effective: 06/23/2016 No. 40369 (AMD): R65-8-2.Establishment of a Forum Published: 05/15/2016 Effective: 06/23/2016 PLANT INDUSTRY No. 40365 (REP): R68-12.Quarantine Pertaining to Mint Wilt Published: 05/15/2016 Effective: 06/23/2016 REGULATORY SERVICES No. 40361 (AMD): R70-370.Butter Published: 05/15/2016 Effective: 06/23/2016 No. 40368 (AMD): R70-380.Grade A Condensed and Dry Milk Products and Condensed and Dry Whey Published: 05/15/2016 Effective: 06/23/2016 No. 40360 (AMD): R70-550.Utah Inland Shellfish Safety Program Published: 05/15/2016 Effective: 06/23/2016 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40351 (AMD): R156-55a-301.License Classifications - Scope of Practice Published: 05/15/2016 Effective: 06/21/2016 EDUCATION ADMINISTRATION No. 40363 (AMD): R277-700.The Elementary and Secondary School General Core Published: 05/15/2016 Effective: 06/21/2016 HEALTH CHILDREN'S HEALTH INSURANCE PROGRAM No. 40374 (AMD): R382-10-6.Citizenship and Alienage Published: 05/15/2016 Effective: 07/01/2016 No. 40295 (AMD): R382-10-17.Effective Date of Enrollment and Renewal Published: 05/01/2016 Effective: 06/28/2016 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40320 (AMD): R414-1-5.Incorporations by Reference Published: 05/01/2016 Effective: 06/27/2016 No. 40375 (AMD): R414-302-3.Citizenship and Alienage Published: 05/15/2016 Effective: 07/01/2016 No. 40377 (AMD): R414-303.Coverage Groups Published: 05/15/2016 Effective: 07/01/2016 No. 40380 (AMD): R414-304.Income and Budgeting Published: 05/15/2016 Effective: 07/01/2016 No. 40373 (AMD): R414-305-3.Aged, Blind and Disabled Non-Institutional and Institutional Medicaid Resource Provisions Published: 05/15/2016 Effective: 07/01/2016 No. 40296 (AMD): R414-310-6.Creditable Health Coverage Published: 05/01/2016 Effective: 06/28/2016 No. 40297 (AMD): R414-320-6.Creditable Health Coverage Published: 05/01/2016 Effective: 06/28/2016 No. 40372 (AMD): R414-401-3.Assessment Published: 05/15/2016 Effective: 07/01/2016 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 40324 (AMD): R426-8.Emergency Medical Services Ambulance Rates and Charges Published: 05/01/2016 Effective: 07/01/2016 HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 40398 (AMD): R477-1.Definitions Published: 05/15/2016 Effective: 07/01/2016 No. 40389 (AMD): R477-4-5.Transfer and Reassignment Published: 05/15/2016 Effective: 07/01/2016 No. 40390 (AMD): R477-6.Compensation Published: 05/15/2016 Effective: 07/01/2016 No. 40399 (AMD): R477-7.Leave Published: 05/15/2016 Effective: 07/01/2016 No. 40391 (AMD): R477-8.Working Conditions Published: 05/15/2016 Effective: 07/01/2016 No. 40392 (AMD): R477-9.Employee Conduct Published: 05/15/2016 Effective: 07/01/2016 No. 40393 (AMD): R477-10-1.Performance Evaluation Published: 05/15/2016 Effective: 07/01/2016 No. 40394 (AMD): R477-11.Discipline Published: 05/15/2016 Effective: 07/01/2016 No. 40395 (AMD): R477-12.Separations Published: 05/15/2016 Effective: 07/01/2016 No. 40396 (AMD): R477-15-1.Policy Published: 05/15/2016 Effective: 07/01/2016 LABOR COMMISSION BOILER AND ELEVATOR SAFETY No. 40357 (AMD): R616-2-3.Safety Codes and Rules for Boilers and Pressure Vessels Published: 05/15/2016 Effective: 07/01/2016 No. 40358 (AMD): R616-3-3.Safety Codes for Elevators Published: 05/15/2016 Effective: 07/01/2016 NAVAJO TRUST FUND TRUSTEES No. 40347 (NEW): R661-9.Utah Navajo Trust Fund Public Facility Projects Published: 05/15/2016 Effective: 06/23/2016 No. 40348 (NEW): R661-10.Utah Navajo Trust Fund Short-Term Training Program Published: 05/15/2016 Effective: 06/23/2016 No. 40349 (NEW): R661-11.Utah Navajo Trust Fund Water Development Projects Culinary and Septic Systems Published: 05/15/2016 Effective: 06/23/2016 No. 40350 (NEW): R661-12.Utah Navajo Trust Fund Homesite Lease Assistance Program Published: 05/15/2016 Effective: 06/23/2016 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 40315 (AMD): R986-400-402.General Provisions Published: 05/01/2016 Effective: 07/01/2016 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 . <>