Utah State Digest, Vol. 2016, No. 15 (August 1, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed July 2, 2016, 12:00 AM through July 15, 2016, 11:59 PM Volume 2016, No. 15 August 1, 2016 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at http://www.rules.utah.gov/publicat/bulletin.htm. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at http://www.rules.utah.gov/. The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** EDITOR'S NOTES Incorrect Title Number on Filing for R450-3 (DAR No. 40103) - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/ed157708.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. Calling the Sixty-First Legislature Into the Third Special Session, Utah Proclamation No. 2016-3S - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2016/ExecDoc157705.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 July 2, 2016, 12:00 a.m., and July 15, 2016, 11:59 p.m. are summarized in this, the August 1, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the August 1, 2016, issue of the Utah State Bulletin until at least August 31, 2016 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through November 29, 2016, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 40585 (Amendment): R58-20. Domesticated Elk Hunting Parks. SUMMARY OF THE RULE OR CHANGE: The rule requires that hunting parks remove all elk from the hunting area by December 31 of each year. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is little to no additional cost. Legislation appropriated money to the program in 2016 that will help pay for a full-time employee that as part of their duties will be to inspect records and facilities. - 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 maybe a small additional compliance costs to the elk hunting parks in the form of manpower to make sure that all elk are brought in prior to December 31. However, this cost will be offset by savings of a controlled breeding season, less escapes of domestic elk, and inventory correctness in the spring, by knowing exactly how many are on the facility. - 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 maybe a small additional compliance costs to the elk hunting parks in the form of manpower to make sure that all elk are brought in prior to December 31. However, this cost will be offset by savings of a controlled breeding season, less escapes of domestic elk, and inventory correctness in the spring by knowing exactly how many are on the facility. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The costs associated with compliance to this rule are outweighed by the benefits. This rule will help producers know how many animals they have and prevent the escape of the animals. 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/2016/20160801/40585.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40589 (Amendment): R156-11a. Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Subsection R156-11a-302a(1) updates the current titles of the required exams. Subsections R156-11a-503(1) and (2) increase the fine penalty amounts for unlicensed practice and aiding unlicensed practice, respectively. Subsection R156-11a-601(1)(b) is modified to name the United States Department of Education as the approval authority for accrediting bodies, and remove the Utah Board of Regents, which no longer approves accreditation for barber, cosmetology barber, esthetics, electrology, and nail technology schools. In Sections R156-11a-800 through R156-11a-804, the following subsections are added to each section: Subsection (2) establishes the method of apprentice registration, Subsection (3) requires approval of apprentice instructors, Subsections (4) through (11) are renumbered, and Subsection (12) prohibits an instructor from beginning a new apprenticeship until a current apprentice either passes the required exams or the apprenticeship is discontinued. Finally, Subsection (13) requires an instructor and an instructor's apprentice to appear before the Board if the apprentice fails an examination three times, to explain why the apprentice is unable to pass the exam and address remediation. Section R156- 11a-902 establishes the standards for on-the-job instructor training. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed rule change in part, implements H.B. 352 (2016). Any costs or savings associated with this implementation were addressed by the fiscal note attached to H.B. 352 (2016). The note was fiscally neutral with revenues from fees offsetting costs. The apprentice registration fees for initial registration and renewal have both been established in the amount of $20. Not associated with H.B. 352 (2016), the proposed rule will result in the Division collecting additional revenue from the revised fine schedule for unlicensed practice and aiding and abetting unlicensed practice. The increase from $200 to $500 more closely aligns the fine for this profession with fines in other professions. The revenue is required to be deposited into the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Education and Enforcement Fund. It is anticipated that 200 citations will be issued annually, based on historical reference. Based on the revised fine schedule, this will result in $60,000 of increased revenue. The Division will incur approximately $75 to reprint this rule. - LOCAL GOVERNMENTS: The proposed amendments apply only to current licensees and applicants for licensure/registration governed by Title 58, Chapter 11a. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed rule change in part implements H.B. 352 (2016). Any costs or savings associated with this implementation were addressed by the fiscal note attached to H.B. 352 (2016). The impact may result in a cost savings to schools that eliminate an accredited instructor program in favor of a paid employee on-the-job instructor training program. The Division is unable to estimate any potential costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed rule change in part implements H.B. 352 (2016). Any costs or savings associated with this implementation were addressed by the fiscal note attached to H.B. 352 (2016). The impact described above for small business is not expected to affect large businesses because the Division is unaware of any schools that employs 50 or more employees. Not associated with H.B. 352 (2016), unlicensed individuals who are fined for unlawful practice will incur increased fines in the amount of $500 versus $200 for a first offense and $1,000 versus $400 for a second offense. It is estimated that this will result in $60,000 of increased cost to this category based on historical precedent. Not associated with H.B. 352 (2016), individuals who are fined for aiding and abetting in unlicensed practice will incur fines in the amount of $800 for the first offense and $1,600 for a second offense. Previously, an offense of this type required evidence of "knowing employing" an individual to engage in unlicensed practice. This was a difficult standard to establish. The new standard of "aiding or abetting" is expected to be a more appropriate evidentiary standard which will result in better enforcement of this category of unlawful conduct. The Division is unable to estimate the aggregate the amount of increased fines for this category because historical precedent is inapplicable. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule change in part implements H.B. 352 (2016). Any costs or savings associated with this implementation were addressed by the fiscal note attached to H.B. 352 (2016). The note was fiscally neutral with revenues from fees offsetting costs. The implementation of the on-the-job instructor training established by H.B. 352 (2016) may impact the pay of an individual on-the-job instructor trainee. The Division is not able to estimate the pay differential. The implementation of the apprentice registration requirement as a result of H.B. 352 (2016) will result in a $20 initial application and a $20 renewal fee. Not associated with H.B. 352 (2016), an individual engaged in unlicensed practice who is fined will pay $500 under the fine schedule versus $200 for a first offense and $1,000 versus $400 for a second offense. An individual engaged in aiding and abetting unlicensed practice who is fined will pay $800 versus $400 for a first offense and $1,600 versus $800 for a second offense. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements amendments made to the relevant statute by H.B. 352 (2016) passed in the 2016 General Session; increases fines for unlicensed practice, and aiding and abetting in unlicensed practice; modifies the approved accrediting bodies for schools, modifies apprenticeship requirements; and make nonsubstantive technical changes. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/01/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210 (second floor), Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40589.htm No. 40588 (Amendment): R156-64. Deception Detection Examiners Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-64-102, the proposed amendments add a reference to the subsection the definition is used in and clarifies language. In Section R156-64-302a, the change condenses information into one subsection that will now apply to all licenses under Title 58, Chapter 64. In Section R156-64-302b, the change clarifies wording regarding existing education requirements. It also removes reference to training and experience that is placed in Sections R156-64-302c and R156-64- 302d. Section R156-64-302c is a newly added section. It is using wording previously found in Section R156-64-302b. However, it contains language that does not pertain to that section heading and so is being moved to its own section. Section R156-64-302d is a newly added section. It is using wording previously found in Section R156-64-302b. However, it contains language that does not pertain to that section heading and so is being moved to its own section. In Section R156-64-302e, the change details which classification must take the required exam. In Section R156-64-302f, the change is simply a spelling correction. In Section R156-64-305, the change makes this section applicable to all license classifications under this chapter. In Section R156-64-502, the change recodifies this section. Unprofessional conduct applicable to all classifications is relocated in a new Subsection R156-64-502(1) and unprofessional conduct only applicable to deception detection examiners and deception detection examiner interns is in Subsection R156-64-502(2). Also the American Polygraph Association Code of Ethics and Standards of Practice documents have been updated to the September 1, 2015, versions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments to this rule are brought about by new 2016 legislation. Specifically, the passing of H.B. 185 (2016), which adds a new license classification to Title 58, Chapter 64. The proposed amendments apply only to licensed deception detection examiners, deception detection examiner interns, deception detection examination administrators, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendments to this rule are brought about by new legislation. Specifically the passing of H.B. 185 (2016), which adds a new license classification to Title 58, Chapter 64. The proposed amendments apply only to licensed deception detection examiners, deception detection examiner interns, deception detection examination administrators, and applicants for licensure in those classifications. Any costs or savings associated with the implementation of H.B. 185 (2016) were addressed by the fiscal note attached to that bill. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments to this rule are brought about by new legislation. Specifically, the passing of H.B. 185 (2016), which adds a new license classification to Title 58, Chapter 64. The proposed amendments apply only to licensed deception detection examiners, deception detection examiner interns, deception detection examination administrators, and applicants for licensure in those classifications. Any costs or savings associated with the implementation of H.B. 185 (2016) were addressed by the fiscal note attached to that bill. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments to this rule are brought about by new legislation. Specifically, the passing of H.B. 185 (2016), which adds a new license classification to Title 58, Chapter 64. The proposed amendments apply only to licensed deception detection examiners, deception detection examiner interns, deception detection examination administrators, and applicants for licensure in those classifications. Any costs or savings associated with the implementation of H.B. 185 (2016) were addressed by the fiscal note attached to that bill. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change results from the addition, which occurred in the 2016 General Session, of deception detection examination administrators to the deception detection examiners licensing classification. This rule change clarifies language, corrects spelling, and renumbers subsections. No fiscal impact to business is anticipated. 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: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/17/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Hearing Room 250 (second floor), Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40588.htm GOVERNOR ECONOMIC DEVELOPMENT No. 40605 (Amendment): R357-11. Technology Commercialization Innovation Program (TCIP). SUMMARY OF THE RULE OR CHANGE: The change to the rule corrects grammatical errors, clarifies that a grant recipient must keep at least 51% of service locations in the state, defines a "service location," and clarifies that matching funds are not required unless specified by the grant application and when matching funds must be acquired, if required. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no effect to state budget because this rule governs a program that only can expend its legislatively appropriated fund. - LOCAL GOVERNMENTS: This rule does not effect local government because they cannot apply for this grant per statute. - SMALL BUSINESSES: This rule does not effect small businesses because the grant program does not create any regulations or conditions on small businesses or their practices. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule does effect any other group or persons because it only impacts grant applicants in terms of clarifying grant requirements if chosen as an awardee. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because this rule only clarifies certain grant requirements and does not create new requirements or compliance needs that would create costs to an awardee. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule does not effect small businesses because the grant program does not create any regulations or conditions on small businesses or their practices. It only provides clarity concerning matching fund requirements and service location requirements for a grant awardee. 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: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@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/2016/20160801/40605.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40599 (Amendment): R414-1-5. Incorporations by Reference. SUMMARY OF THE RULE OR CHANGE: The Department incorporates by reference the Utah Medicaid State Plan and approved State Plan Amendments (SPAs) to 07/01/2016. Specifically, the Department incorporates by reference SPA 16- 0002-UT Former Foster Care Youth from Other States, which expands coverage to foster care youth who reside in Utah, and were in foster care in any state, at the time they turned 18 years old. Coverage continues for these individuals through the month in which they turn 26 years of age. The Department also incorporates by reference the following: SPA 16-0006-UT Mental Health Diagnostic and Rehabilitative Services, which removes obsolete provisions for retroactive cost settlement in both San Juan County and Wasatch County as mental health providers are no longer limited under contract to provide services in mental health centers only; SPA 16-0008-UT Payment for Hospice Services, which includes additional language to describe the availability of Service Intensity Add-on payments for hospice care services provided in the home, based on the number of direct care hours provided by either a registered nurse or clinical social worker; SPA 16-0009- UT Disproportionate Share Hospital Payments (DSH), which updates and clarifies DSH payment methodology by including verbiage to specify that the calculation for the DSH add-on uses the CMS preliminary allotment; and SPA 16-0010 Federal Upper Limit, which will allow the State to use the lesser of the Maximum Allowable Cost (MAC) or Federal Upper Limit (FUL) wherever CMS has established an FUL. This proposed rule also incorporates by reference the following: Medical Supplies Utah Medicaid Provider Manual, and the manual's attachment for Donor Human Milk Request Form, effective 07/01/2016; the Hospital Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2016; the Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid, effective 07/01/2016; the Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual, effective 07/01/2016; the Hospice Care Utah Medicaid Provider Manual, and the manual's attachment for the Utah Medicaid Prior Authorization Request for Hospice Services, effective 07/01/2016; the Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual, with its attachments, effective 07/01/2016; the Utah Home and Community- Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual, effective 07/01/2016; the Personal Care Utah Medicaid Provider Manual, and the manual's attachment for the Request for Prior Authorization: Personal Care and Capitated Programs effective 07/01/2016; the Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual, effective 07/01/2016; Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, effective 07/01/2016; the Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual, effective 07/01/2016; the Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, effective 07/01/2016; the Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, effective 07/01/2016; the Utah Home and Community- Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual, effective 07/01/2016; the Office of Inspector General (OIG) Administrative Hearings Procedures Manual, effective 07/01/2016; the Pharmacy Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2016; the Coverage and Reimbursement Code Look-up Tool, effective 07/01/2016; the CHEC Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2016; the Chiropractic Medicine Utah Medicaid Provider Manual, effective 07/01/2016; the Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual, effective 07/01/2016; the General Attachments (All Providers) for the Utah Medicaid Provider Manual, effective 07/01/2016; the Indian Health Utah Medicaid Provider Manual, effective 07/01/2016; the Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2016; the Medical Transportation Utah Medicaid Provider Manual, effective 07/01/2016; the Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with attachment, effective 07/01/2016; the Licensed Nurse Practitioner Utah Medicaid Provider Manual, effective 07/01/2016; the Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables, effective 07/01/2016; the Physician Services, Anesthesiology and Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2016; the Podiatric Services Utah Medicaid Provider Manual, effective 07/01/2016; the Primary Care Network Utah Medicaid Provider Manual with its attachments, effective 07/01/2016; the Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual, effective 07/01/2016; the Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual, effective 07/01/2016; the School-Based Skills Development Services Utah Medicaid Provider Manual, effective 07/01/2016; Section I: General Information Utah Medicaid Provider Manual, effective 07/01/2016; the Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual, effective 07/01/2016; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual, effective 07/01/2016; Vision Care Services Utah Medicaid Provider Manual, effective 07/01/2016; Women's Services Utah Medicaid Provider Manual, effective 07/01/2016; Medically Complex Children’s Waiver Utah Medicaid Provider Manual, effective 07/01/2016; and Autism Spectrum Disorder Related Services for EPSDT Eligible Individuals Utah Medicaid Provider Manual, effective 07/01/2016. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool and hearings procedures described in the OIG manual do not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool and hearings procedures described in the OIG manual do not create costs or savings to local governments. - SMALL BUSINESSES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool and hearings procedures described in the OIG manual do not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool and hearings procedures described in the OIG manual do not create costs or savings to Medicaid recipients and to Medicaid providers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool and hearings procedures described in the OIG manual do not create costs or savings to a single Medicaid recipient or to a Medicaid provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because all changes are already in the State Plan. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40599.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 40587 (Repeal): R512-10. Youth Mentor Program. SUMMARY OF THE RULE OR CHANGE: In this repeal, Child and Family Services has determined that the Youth Services Program has not been part of the services offered by Child and Family Services since 2006, and it is not required by state statute. The rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increase in cost or savings to the state budget because these proposed changes do not increase nor decrease workload that would require additional staff or other costs. - LOCAL GOVERNMENTS: Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40587.htm MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 40603 (New Rule): R628-10. Rating Requirements to Be a Permitted Depository. SUMMARY OF THE RULE OR CHANGE: This rule provides standards a permitted out- of-state depository must meet to hold Utah public funds. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule does not affect the state budget because investing in securities is not a budgeted item. If the securities are purchased, there is a return on the investment that follows what the current markets are providing, but these types of instruments are not currently being used. - LOCAL GOVERNMENTS: No local governments will be impacted by this rule because these are not a budgeted item; they are an investment. Currently, these types of instruments are not readily available or used. - SMALL BUSINESSES: No small businesses will be impacted by this rule because this rule provides standards for a type of investment. It is not a oversight rule for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No other persons will be affected by this rule because this rule provides standards for a type of investment. It is not a compliance rule for other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for this rule as it provides standards for the use of permitted depositories for public entities to use to gauge whether or not the depository may hold Utah public funds. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact on any businesses, financial institutions, or any broker/dealer entities. The rule should not have any impact on local government or small businesses. The type of investment products described in the rule is rarely traded in the current market. If the market changes, the guidelines of the rule should allow for reasonable trades and commissions for broker/dealer entities. 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: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@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/2016/20160801/40603.htm NAVAJO TRUST FUND TRUSTEES No. 40607 (Amendment): R661-7. Utah Navajo Trust Fund Housing Projects Policy. SUMMARY OF THE RULE OR CHANGE: This change adds a provision requiring approval from the Board of Trustees to sell any housing project funded by UNTF funds. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because this amendment simply requires the beneficiary of UNTF funds to receive UNTF approval before selling anything built or acquired using UNTF funds. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government because this amendment simply requires the beneficiary of UNTF funds to receive UNTF approval before selling anything built or acquired using UNTF funds. - SMALL BUSINESSES: There is no anticipated cost or savings to small business because this amendment simply requires the beneficiary of UNTF funds to receive UNTF approval before selling anything built or acquired using UNTF funds. - 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 this amendment simply requires the beneficiary of UNTF funds to receive UNTF approval before selling anything built or acquired using UNTF funds. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons. The amendment just requires the beneficiary to seek UNTF approval. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses. The amendment just requires the beneficiary to seek UNTF approval. 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: - Suzette Alles by phone at 801-717-0821, or by Internet E-mail at salles@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/2016/20160801/40607.htm No. 40608 (New Rule): R661-13. Veterans' Housing Program Policy. SUMMARY OF THE RULE OR CHANGE: This rule details the requirements to obtain UNTF funding for veterans' housing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to state budget because this rule sets out the requirements for obtaining UNTF funds for veterans' housing. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government because this rule sets out the requirements for obtaining UNTF funds for veterans' housing. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because this rule sets out the requirements for obtaining UNTF funds for veterans' housing. - 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 because this rule sets out the requirements for obtaining UNTF funds for veterans' housing. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because this rule sets out the requirements for obtaining UNTF funds for veterans' housing. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact on business because this rule sets out the requirements for obtaining UNTF funds for veterans' housing. 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: - Suzette Alles by phone at 801-717-0821, or by Internet E-mail at salles@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/2016/20160801/40608.htm No. 40609 (New Rule): R661-14. Heavy Equipment Purchase and Repair Program. SUMMARY OF THE RULE OR CHANGE: This rule details the requirements to obtain UNTF funds to purchase heavy equipment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to state budget because this rule sets out the requirements for obtaining UNTF funds for the purchase of heavy equipment. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government because this rule sets out the requirements for obtaining UNTF funds for the purchase of heavy equipment. - SMALL BUSINESSES: There are no anticipated costs or savings to small business because this rule sets out the requirements for obtaining UNTF funds for the purchase of heavy equipment. - 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 because this rule sets out the requirements for obtaining UNTF funds for the purchase of heavy equipment. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because this rule sets out the requirements for obtaining UNTF funds for the purchase of heavy equipment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses because this rule sets out the requirements for obtaining UNTF funds for the purchase of heavy equipment. 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: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@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/2016/20160801/40609.htm No. 40610 (New Rule): R661-15. Indemnification. SUMMARY OF THE RULE OR CHANGE: This rule indemnifies the UNTF. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget as a result of this rule because this rule simply indemnifies the UNTF from any liability for funds allocated according to its rules. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government as a result of this rule because this rule simply indemnifies the UNTF from any liability for funds allocated according to its rules. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as a result of this rule because this rule simply indemnifies the UNTF from any liability for funds allocated according to its rules. - 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 a result of this rule because this rule simply indemnifies the UNTF from any liability for funds allocated according to its rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons as a result of this rule because this rule simply indemnifies the UNTF from any liability for funds allocated according to its rules. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses as a result of this rule because this rule simply indemnifies the UNTF from any liability for funds allocated according to its rules. 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: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@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/2016/20160801/40610.htm No. 40611 (New Rule): R661-16. Health Care Systems Improvement Program. SUMMARY OF THE RULE OR CHANGE: This rule details the requirements for obtaining UNTF funding for health care facility improvements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to improve Navajo health systems. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to improve Navajo health systems. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to improve Navajo health systems. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities, as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to improve Navajo health systems. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to improve Navajo health systems. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to improve Navajo health systems. 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: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@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/2016/20160801/40611.htm No. 40612 (New Rule): R661-17. Office Equipment Purchase Program. SUMMARY OF THE RULE OR CHANGE: This rule details requirements for obtaining UNTF funding for office equipment purchases. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to purchase office equipment. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to purchase office equipment. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to purchase office equipment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities, as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to purchase office equipment. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to purchase office equipment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses as a result of this rule because this rule sets forth the requirements to obtain UNTF funding to purchase office equipment. 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: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@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/2016/20160801/40612.htm No. 40613 (New Rule): R661-18. Outstanding Senior Award Program. SUMMARY OF THE RULE OR CHANGE: This rule details the requirements to nominate a Utah Navajo high school senior for an award. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget as a result of this rule because this rule sets forth the requirements to nominate a Utah Navajo high school senior for an award. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government as a result of this rule because this rule sets forth the requirements to nominate a Utah Navajo high school senior for an award. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as a result of this rule because this rule sets forth the requirements to nominate a Utah Navajo high school senior for an award. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities as a result of this rule because this rule sets forth the requirements to nominate a Utah Navajo high school senior for an award. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons as a result of this rule because this rule sets forth the requirements to nominate a Utah Navajo high school senior for an award. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses as a result of this rule because this rule sets forth the requirements to nominate a Utah Navajo high school senior for an award. 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: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@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/2016/20160801/40613.htm No. 40614 (New Rule): R661-19. Student Educational Enrichment Program. SUMMARY OF THE RULE OR CHANGE: This rule provides UNTF funding for extracurricular educational opportunities. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for extracurricular educational opportunities. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for extracurricular educational opportunities. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for extracurricular educational opportunities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for extracurricular educational opportunities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for extracurricular educational opportunities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for extracurricular educational opportunities. 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: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@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/2016/20160801/40614.htm No. 40615 (New Rule): R661-20. Photovoltaic (Solar) Systems Program. SUMMARY OF THE RULE OR CHANGE: This rule details the requirements to obtain UNTF funding for photovoltaic systems. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for photovoltaic systems. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for photovoltaic systems. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for photovoltaic systems. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for photovoltaic systems. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons as a result of this rule because this rule sets forth the requirements to obtain UNTF funding for photovoltaic systems. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses as a result of this rule because this rules sets forth the requirements to obtain UNTF funding for photovoltaic systems. 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: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40615.htm PUBLIC SAFETY FIRE MARSHAL No. 40601 (Amendment): R710-2. Rules Pursuant to the Utah Fireworks 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. IFC Chapter references have been updated. Rule R710-2 references have been updated. NFPA Standards have been removed from the purpose statement and placed under Section R710-2- 8. This change clarifies when re-examination is required. In Section R710- 2-11, IFC Chapter 33, Sections 3301.2.1 and 3301.2.2 have been changed to IFC Chapter 56, Sections 5601.2.1 and 5601.2.2. 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 businesses 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 person's budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting change 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 08/31/2016 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: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40601.htm No. 40602 (Amendment): R710-6. Liquefied Petroleum Gas 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. Section R710-6-3 has been added, adopting the applicable NFPA Standards. This information was previously included in the purpose statement. Redundant definitions have been removed. The changes also add definitions for "Container" and "Dispenser"; increase insurance amounts from 100,000/300,000 to 1,000,000/3,000,000; reference applicable sections of NFA Standards; and add online testing. The changes also state that re- examination tests will no longer be mailed out; clarifies that the State Fire Marshal or the LP Gas Board Chair may sign a Certificate of Registration; references to fee amounts found in the Utah State Fee Schedule have been removed; corrects code section numbers; and adds Sections R710-6-11 and R710- 6-12. 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 businesses 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. Current required levels of insurance of 100,000/300,000 are much lower than what is commonly offered by insurance companies and does not provide adequate coverage for today's industry standards. As the majority of the companies that the agency is aware of already insures to these levels and due to the fact that there was no opposition to this change in public meeting, the agency has not counted it as additional cost. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be an anticipated cost or savings to person's 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. Current required levels of insurance of 100,000/300,000 are much lower than what is commonly offered by insurance companies and does not provide adequate coverage for today's industry standards. As the majority of the companies that the agency is aware of already insures to these levels and due to the fact that there was no opposition to this change in public meeting, the agency has not counted it as additional cost. 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 08/31/2016 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: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40602.htm No. 40598 (Amendment): R710-7. Concerns Servicing Automatic Fire Suppression Systems. 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. Section R710-4 has been added adopting the applicable NFPA Standards. This information was previously included in the purpose statement. Redundant definitions have been removed. This amendment clarifies the licensee’s responsibility to notify the SFM if required insurance is no longer in effect; deletes dates that are no longer applicable; corrects a reference to the Uniform Fire Code; requires technicians to have the manufacturers specifications for each system they service; requires that a concern license certify that one of their employees testing for certificate of registration has been properly trained; clarifies electronic devices that cannot be in the testing area; clarifies that renewal is the responsibility of the concern license or certificate of registration holder; adds that re-examinations will no longer be mailed; clarifies permission to enter; adds that non-compliance tags shall remain in place until corrections are complete; specifies replacement schedule for fusible links; adds Section R710-7-10; and removes fee amounts for fees included in the Utah 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 businesses 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 person's 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 08/31/2016 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: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40598.htm WORKFORCE SERVICES REHABILITATION No. 40591 (New Rule): R993-100. Authority, Purpose and Administrative Review. SUMMARY OF THE RULE OR CHANGE: This rule explains USOR's purpose and the authority under which the rules for Title R993 are proposed. The rule also provides for an appeal procedure in the event an applicant or client disagrees with a decision made by USOR. While some of the language has changed, there is no substantive change to current rules or practice. USOR previously contracted with mediators and Administrative Law Judges (ALJs) in the event of a dispute. Those services will now be provided by mediators and ALJs who work for DWS. This proposed rule explains the hearing procedure in keeping with the Utah Administrative Procedures Act. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This program is primarily funded by the federal government, and while there is state money, there are no costs or savings to the state budget from this new rule. This rule merely moves USOR from Education to DWS. Any costs incurred are already included in the USOR budget. - LOCAL GOVERNMENTS: This program is funded by state and federal government. There are no costs or savings to any local government from this new rule. This rule merely moves USOR from Education to DWS. Any costs for this program are already included in the USOR budget. - SMALL BUSINESSES: This program is funded by state and federal government. There are no costs or savings to any small businesses from this new rule. This rule merely moves USOR from Education to DWS. Any costs are already included in the USOR budget. There are no compliance costs associated with this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings for persons other than small businesses, businesses, or local government entities as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected person as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016). The appeals process is completely without cost to any person, business, or government. Any costs of providing these services are already included in current funding. 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. These changes will have no impact on any employer's contribution tax rate. 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: - 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: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40591.htm No. 40592 (New Rule): R993-200. Order of Selection. SUMMARY OF THE RULE OR CHANGE: Federal law requires USOR to provide for an order of selection in the event there is insufficient funding to serve to all eligible individuals. This proposed rule merely moves these provisions, with some unsubstantial changes, from the USOR rules that were under Education to DWS. This proposed rule explains how resources will be allocated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This program is primarily funded by the federal government, and while there is state money, there are no costs or savings to the state budget from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs incurred are already included in the USOR budget. - LOCAL GOVERNMENTS: This program is funded by state and federal government. There are no costs or savings to any local government from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs for this program are already included in the USOR budget. - SMALL BUSINESSES: This program is funded by state and federal government. There are no costs or savings to any small businesses from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs are already included in the USOR budget. There are no compliance costs associated with this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings for persons other than small businesses, businesses, or local government entities as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected person as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016). 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. These changes will have no impact on any employer's contribution tax rate. 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: - 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: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40592.htm No. 40593 (New Rule): R993-300. Certification Requirements for Interpreters for the Hearing Impaired. SUMMARY OF THE RULE OR CHANGE: This rule sets forth the requirements and procedure for obtaining certification to act as an interpreter for the deaf or hard of hearing. The rule has been rewritten, but no substantive changes have been made. The procedure will remain the same when USOR moves to DWS. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This program is primarily funded by the federal government, and while there is state money, there are no costs or savings to the state budget from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs incurred are already included in the USOR budget. - LOCAL GOVERNMENTS: This program is funded by state and federal government. There are no costs or savings to any local government from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs for this program are already included in the USOR budget. - SMALL BUSINESSES: This program is funded by state and federal government. There are no costs or savings to any small businesses from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs are already included in the USOR budget. There are no compliance costs associated with this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings for persons other than small businesses, businesses, or local government entities as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected person as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016). 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. These changes will have no impact on any employer's contribution tax rate. 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: - 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: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40593.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends August 31, 2016. From the end of the 30-day waiting period through November 29, 2016, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40266 (Change in Proposed Rule): R315-319. Coal Combustion Residuals Requirements. SUMMARY OF THE RULE OR CHANGE: The phrase "not to exceed a height of six inches above the slope of the dike," is removed from Sections R315-319-73 and R315-319-74. The term "reach" is changed to "reached" in Section R315-319-1. All of Section R315-319-100 is removed except for "Inactive CCR surface impoundments are subject to all of the requirements of Sections R315-319-50 through R315-319-107 applicable to existing CCR surface impoundments." In addition to these changes, some numbering is corrected in Sections R315-319- 73 and R315-319-74. (DAR NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the April 15, 2016, issue of the Utah State Bulletin, on page 32. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will not be any cost or savings to the state budget as the changes will not change the coal ash permit program within the Division of Waste Management and Radiation Control. - LOCAL GOVERNMENTS: No local government is affected by this rule or the changes proposed. No local government operates a facility affected by this rule. - SMALL BUSINESSES: No small businesses are affected by this rule or the changes proposed. No small business operates a facility affected by this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The five coal-powered, electricity generating plants in Utah that are affected by this rule will not see any increase or decrease in costs. The changes in Sections R315-319-73 and R315-319-74 will not change how the five electricity generating plants will conduct their dike maintenance operations; therefore, the facilities will not incur any costs or savings. The requirements that are removed from Section R315-319-100 did not apply to any facility in Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: The five coal-powered, electricity generating plants in Utah that are affected by this rule will not see any increase in costs. The changes in Sections R315-319-73 and R315-319-74 will not change how the five electricity generating plants will conduct their dike maintenance operations; therefore, the facilities will not incur any costs. The requirements that are removed from Section R315-319-100 did not apply to any facility in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed changes to Rule R315-319 will have no fiscal impact on the five facilities in Utah that are covered by the rule. The changes in Sections R315-319-73 and R315-319-74 will not change how the five electricity generating plants will conduct their dike maintenance operations; therefore, the facilities will not incur any fiscal impacts. The requirements that are removed from Section R315-319-100 did not apply to any facility in Utah; therefore, no facility will incur a fiscal impact. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40266.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. CAREER SERVICE REVIEW OFFICE ADMINISTRATION No. 40595 (5-year Review): R137-1. Grievance Procedure Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is essential for the CSRO to administer the state grievance and appeal procedures at Title 67, Chapter 19a. The grievance process is functioning well and efficiently. The Legislature intended for this authority to continue. This rule is necessary to assure that the state provides due process in its employee disciplinary actions and continues to address employee grievances fairly and judiciously. The rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Akiko Kawamura by phone at 801-538-3047, by FAX at 801-538-3139, or by Internet E-mail at akawamura@utah.gov - Annette Morgan by phone at 801-538-3048, by FAX at 801-538-3139, or by Internet E-mail at amorgan@utah.gov EFFECTIVE: 07/11/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40595.htm COMMERCE CONSUMER PROTECTION No. 40604 (5-year Review): R152-1a. Internet Content Provider Ratings Methods. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As noted above, the Legislature stated that the Division “shall” make rules establishing acceptable rating methods. Rule R152-1a provides guidance regarding an accepted method for content providers to rate and restrict material that is harmful to minors. This rule creates a safe harbor for content providers if they wish to comply with the terms of Section 76-10- 1233. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov EFFECTIVE: 07/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40604.htm HEALTH CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 40600 (5-year Review): R436-5. New Birth Certificates After Legitimation, Court Determination of Paternity, or Adoption. 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 because it is authorized by Section 26-2-10, and it outlines essential procedures related to the issuance of supplementary birth certificates. These procedures ensure appropriate issuance and access to these birth certificates. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 07/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40600.htm PUBLIC SAFETY DRIVER LICENSE No. 40586 (5-year Review): R708-46. Refugee or Approved Asylee Knowledge Test in Applicant's Native Language. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In order to best serve the needs of refugees and approved asylees, the Driver License Division will continue to enforce Subsection 53-3-206(2)(a)(1). Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 07/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40586.htm TRANSPORTATION ADMINISTRATION No. 40590 (5-year Review): R907-69. Records Access. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R907-69 provides the public useful, easy-to-locate information regarding where to make records requests, and to appeal request denials. The rule enhances the Department's transparency. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov EFFECTIVE: 07/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160801/40590.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 Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. COMMERCE CONSUMER PROTECTION No. 40414 (AMD): R152-15-3.Compensated Employees and Independent Contractors Published: 06/01/2016 Effective: 07/08/2016 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40412 (AMD): R156-1.General Rule of the Division of Occupational and Professional Licensing Published: 06/01/2016 Effective: 07/11/2016 No. 40407 (AMD): R156-17b-614a.Operating Standards - General Operating Standards, Class A and B Pharmacy Published: 06/01/2016 Effective: 07/11/2016 No. 40411 (NEW): R156-86.State Certification of Commercial Interior Designers Act Rule Published: 06/01/2016 Effective: 07/11/2016 EDUCATION ADMINISTRATION No. 40431 (AMD): R277-477.Distribution of Funds from the Interest and Dividends Account and Administration of the School LAND Trust Program Published: 06/01/2016 Effective: 07/11/2016 No. 40432 (AMD): R277-491.School Community Councils Published: 06/01/2016 Effective: 07/11/2016 No. 40429 (AMD): R277-707.Enhancement for Accelerated Students Program Published: 06/01/2016 Effective: 07/11/2016 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40267 (AMD): R315-310.Permit Requirements for Solid Waste Facilities Published: 04/15/2016 Effective: 07/15/2016 GOVERNOR ECONOMIC DEVELOPMENT No. 40434 (NEW): R357-16.Utah Outdoor Recreation Infrastructure Grant Published: 06/01/2016 Effective: 07/15/2016 ENERGY DEVELOPMENT (OFFICE OF) No. 40433 (NEW): R362-4.High Cost Infrastructure Development Tax Credit Act Published: 06/01/2016 Effective: 07/14/2016 HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 40402 (REP): R398-15.Autism Treatment Account Published: 06/01/2016 Effective: 07/08/2016 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 40427 (AMD): R426-3-600.Cost, Quality, and Access Goals for Ground Ambulance Providers Published: 06/01/2016 Effective: 07/15/2016 No. 40426 (AMD): R426-9.Trauma and EMS System Facility Designations Published: 06/01/2016 Effective: 07/15/2016 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH, STATE HOSPITAL No. 40314 (AMD): R525-8.Forensic Mental Health Facility Published: 05/01/2016 Effective: 07/07/2016 NATURAL RESOURCES WILDLIFE RESOURCES No. 40403 (AMD): R657-5.Taking Big Game Published: 06/01/2016 Effective: 07/11/2016 No. 40404 (AMD): R657-23.Utah Hunter Education Program Published: 06/01/2016 Effective: 07/11/2016 PARDONS (BOARD OF) ADMINISTRATION No. 40316 (AMD): R671-315-1.Pardons Published: 05/01/2016 Effective: 07/07/2016 TAX COMMISSION AUDITING No. 40417 (AMD): R865-6F-28.Enterprise Zone Corporate Franchise Tax Credits Pursuant to Utah Code Ann. Sections 63N-2-201 through 63N-2-215 Published: 06/01/2016 Effective: 07/14/2016 No. 40418 (AMD): R865-9I-37.Enterprise Zone Individual Income Tax Credits Pursuant to Utah Code Ann. Sections 63N-2-201 through 63N-2-215 Published: 06/01/2016 Effective: 07/14/2016 MOTOR VEHICLE No. 40419 (AMD): R873-22M-34.Rule for Denial of Personalized Plate Requests Pursuant to Utah Code Ann. Sections 41-1a-104 and 41-1a-411 Published: 06/01/2016 Effective: 07/14/2016 MOTOR VEHICLE ENFORCEMENT No. 40420 (AMD): R877-23V-20.Reasonable Cause to Deny, Suspend, or Revoke a License Issued Under Title 41, Chapter 3 Pursuant to Utah Code Ann. Section 41-3-209 Published: 06/01/2016 Effective: 07/14/2016 PROPERTY TAX No. 40421 (AMD): R884-24P-10.Taxation of Underground Rights in Land That Contains Deposits of Oil or Gas Pursuant to Utah Code Ann. Sections 59-2-201 and 59-2-210 Published: 06/01/2016 Effective: 07/14/2016 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 . <>