---------------------------- Utah State Digest, Vol. 2016, No. 16 (August 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed July 16, 2016, 12:00 AM through August 1, 2016, 11:59 PM Volume 2016, No. 16 August 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 September 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/2016/20160815/sn157729.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. 2016-6 - 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/ExecDoc157779.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 16, 2016, 12:00 a.m., and August 1, 2016, 11:59 p.m. are summarized in this, the August 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the August 15, 2016, issue of the Utah State Bulletin until at least September 14, 2016 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through December 13, 2016, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40622 (Amendment): R156-15A-231. Administration of Building Code Training Fund and Factory Built Housing Fees Account. SUMMARY OF THE RULE OR CHANGE: Subsection R156-15A-231(4) specifies the considerations in determining whether to recommend approval for a proposed funding request. Subsection R156-15A-231(4)(b) adds a consideration of whether the grant applicant agrees to charge a cost for the training event, class, or seminar, which is uniform across all categories of attendees. Subsection R156-15A-231(4)(f)(ii) adds a consideration of whether the grant applicant agrees that all printed advertising materials as specified in Subsection R156-15A-231(4)(f) will comply with Subsection R156-15A-231(4)(b). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments become effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendment impacts only those government agencies that have applied for and received funding grants to teach code classes to individuals involved in the construction trade. The amendment establishes a requirement that the Committee evaluate whether recipients charge a uniform cost applied across all categories of attendees before approving a UBCC grant for any training event, class, or seminar. Due to a wide range of circumstances for governments applying for building code funding grants, the Division is not able to determine an exact cost and it may be no additional costs are involved for governments. - SMALL BUSINESSES: The proposed amendment does not apply to nor impact small businesses because small businesses are not eligible for funding grants. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment impacts only those schools, colleges, universities, government agencies, and professional associations or organizations involved in the construction trades which have applied for and received funding grants to teach code classes to individuals in the construction trade. The amendment establishes a requirement that the Committee evaluate whether recipients charge a uniform cost applied across all categories of attendees before approving a UBCC grant for any training event, class, or seminar. This may affect those who apply for and receive funding grants if a differentiation of member/non-member costs has been applied in the past. Due to a wide range of circumstances for other persons or entities applying for building code funding grants, the Division is not able to determine an exact cost and it may be no additional costs are involved for other persons or entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment impacts only those schools, colleges, universities, government agencies, and professional associations or organizations involved in the construction trades which have applied for and received funding grants to teach code classes to individuals in the construction trade. The amendment establishes a requirement that the Committee evaluate whether recipients charge a uniform cost applied across all categories of attendees before approving a UBCC grant for any training event, class, or seminar. This may affect those who apply for and receive funding grants if a differentiation of member/non-member costs has been applied in the past. Due to a wide range of circumstances for affected persons applying for building code funding grants, the Division is not able to determine an exact cost and it may be no additional costs are involved for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change, in addition to technical changes, adds requirements that the Uniform Building Code Commission Education Advisory Committee must evaluate whether funding requestors charge conference or training attendees for attendance or printed materials. 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 09/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Barkdull by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/16/2016 01:30 PM, Heber Wells Bldg, 160 E 300 S, Conference Rom 402 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40622.htm PARDONS (BOARD OF) ADMINISTRATION No. 40618 (Amendment): R671-204. Hearing Continuances. SUMMARY OF THE RULE OR CHANGE: Inmates or attorneys wanting to continue a hearing must submit a written waiver and stipulation a minimum of three days before the hearing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed change does not directly increase or decrease the number of hearings conducted by the Board and will not impact state budgets. - LOCAL GOVERNMENTS: Local governments do not participate in parole hearings and are not impacted by this change. - SMALL BUSINESSES: Small businesses do not participate in parole hearings and are not impacted by this change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Inmates or attorneys who want to cancel and reschedule a hearing will be required to submit a motion to continue at least three days before a hearing. Currently, the inmates and attorneys submit motions to continue, but there is no minimum time requirement. The proposed rule change only adds the requirement to submit motions in a timely manner. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Board does not charge a fee for parole hearings or filing motions to continue hearings. There is no additional cost to inmates by requiring that motions to continue be submitted three days before the hearing. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses do not participate in parole hearings. The proposed rule change does not create any compliance cost for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/17/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40618.htm No. 40617 (Amendment): R671-302-1. Open Hearings. SUMMARY OF THE RULE OR CHANGE: The proposed change provides clarity about who may testify at a hearing by adding references to Rule R671-203, Victim Input, and Rule R671-308, Offender Assistance at Hearings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed change does not increase or decrease the number of hearings and will not impact state budgets. - LOCAL GOVERNMENTS: Local government does not participate in parole hearings and will not be affected by the proposed change. - SMALL BUSINESSES: Small businesses do not participate in parole hearings and will not be affected by the proposed change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed change clarifies who may testify at a parole hearing; however, there is no cost to individuals, attorneys, or victims who may be testifying. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost to individuals, attorneys, or victims who may be testifying. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses do not participate in parole hearings except they may submit claims for restitution as victims of crimes. There are no compliance costs for participating in a hearing or submitting a claim. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/17/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40617.htm No. 40619 (Amendment): R671-308. Offender Hearing Assistance. SUMMARY OF THE RULE OR CHANGE: The Board may appoint a defense attorney to represent an inmate during a parole violation proceeding. The inmate may choose instead to hire an attorney at the inmate's own expense. Only the offender, a person appointed according to this rule, or a victim may testify or comment during the hearing. The Board may allow an attorney to participate in a commutation or pardon hearing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: A contract already exists to provide defense attorney assistance to alleged parole violators and these attorneys have already been performing the service. The proposed change will not increase or decrease costs to the state. - LOCAL GOVERNMENTS: Local government does not participate in parole hearings and will not be impacted by the proposed change. - SMALL BUSINESSES: Small business does not participate in parole hearings and will not be impacted by the proposed change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Offenders are already represented by attorneys. The proposed rule change only clarifies the participation of attorneys and those appointed by the Board to provide assistance during hearings. COMPLIANCE COSTS FOR AFFECTED PERSONS: The offender does not bear any cost for attorneys appointed by the Board. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses do not participate in parole hearings. The proposed rule change does not create any compliance cost for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/17/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray UT THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40619.htm No. 40620 (Amendment): R671-510. Evidence for Issuance of Warrants. SUMMARY OF THE RULE OR CHANGE: All facts supporting probable cause to issue a warrant must be contained in the body of the warrant request. Supplementary reports will not be considered. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed change does not increase or decrease the number of warrants issued or parole violation hearings and does not affect the state budget. - LOCAL GOVERNMENTS: Local government does not participate in parole hearings and will not be impacted by the proposed change. - SMALL BUSINESSES: Small business does not participate in parole hearings and will not be impacted by the proposed change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed change requires Adult Probation and Parole to include the facts supporting probable cause in the body of the warrant request rather than in supplemental reports. COMPLIANCE COSTS FOR AFFECTED PERSONS: The change is in the format of the submission and does not require a compliance cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses do not participate in parole hearings. The proposed rule change does not create any compliance cost for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/17/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40620.htm PUBLIC SAFETY HIGHWAY PATROL No. 40631 (Repeal and Reenact): R714-160. Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections. SUMMARY OF THE RULE OR CHANGE: In Section R714-160-1, Subsection 41-6a- 1601(2) is added as a statute authorizing the rule. In Section R714-160-3, the title is changed to "Definitions". Sixteen definitions are added. In Section R714-160-4, the title is 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. Building and equipment requirements are moved to Rule R714-158. In Section R714-160-5, the title is changed. This rule applies to all passenger vehicles and light trucks. In Section R714-160-6, the title is changed. The change requires the customer to be informed if a test drive is needed off the property of the inspection station. The inspector is required to determine whether the starter operates with the gear selector only in the "park" position or "neutral" on vehicles with automatic transmissions. In Section R714-160-7, the title is changed. Some of the wording for inspecting license plates is changed, but violations are still an "advise". License plate positioning is more clearly defined. In Section R714-160-8, the title is changed. Bead lock wheels are allowed if they meet the SAE J2530 Aftermarket Wheel Performance Requirements and Test Procedures. If the entire tire is not covered by a fender or fender flare, it is now an "advise". If the fender or fender flare does not cover the tire tread it is a "reject". Statute still requires the entire tire be covered. Missing or insufficient mud flaps on vehicles required to be equipped with them is not an "advise". Statute still requires certain vehicles to be equipped with appropriate mud flaps. If the top 50% of the tire is not covered by mud flaps, fenders, or body construction, it is now an "advise" rather than a reject. Statute still requires the top 50% of the tire to be covered. Studded snow tires on vehicles between April 1 and October 14 are now an "advise". Statute still prohibits studded snow tires during this time period. In Section R714-160-9, the title is changed. Conditions of the inspection of the steering system is added. This information is currently in the Safety Inspection Manual. In Section R714-160-10, the title is changed. In Section R714-160-11, the title is changed. Reference to the "Lighting Chart" in the Safety Inspection manual is removed. If the entire tire is not covered by a fender or fender flare, it is now an "advise". If the fender or fender flare does not cover the tire tread, it is a "reject". Statute still requires the entire tire be covered. If fenders do not cover the top 50% of the tire, it is now an "advise" rather than a reject. Statute still requires the top 50% of the tire to be covered. Missing or insufficient mud flaps on vehicles required to be equipped with them is not an "advise". Statute still requires certain vehicles to be equipped with appropriate mud flaps. In Section R714-160-12, the title is changed. Adds "whichever is less" when the master cylinder is below the add line or less than 3/4 full. Adds "whichever is less" when the fluid reservoir is below the add line or less than 3/4 full. Removes the language that described the process to check the integrated hydraulic booster. This language will still be in the Safety Inspection manual. "Incompatible" is added as a reject when checking for missing or defective mechanical components. In Section R714-160-13, the title is changed. If a headlamp does not meet federal standards, it is a reject. If a vehicle is originally equipped with High Intensity Discharge (HID) lights, HID lights can be used as replacements as long as they meet federal standards. If a vehicle was not originally equipped with HID lights, they cannot be used as replacements. Old language stated, "An aftermarket headlight (High Intensity Discharge Kit) must comply with Federal Standards, which states every replaceable light source must be designed to conform to the identical marking and dimensional and electrical specifications applicable to the type of light source that it replaces. A non-compatible headlight aftermarket kit (High Intensity Discharge Kit) can create excessive brightness". The word "minor" is added as it relates to advising for holes or cracks in a headlight lens. The criteria is changed so that if a factory installed light or cover is faded or painted to the point that components are not visible, it will be rejected. The removed language states that if a factory-installed light or cover is faded or painted to the point assembly will not comply with state code for visibility at 1,000 feet it is rejected. The statute does not require headlights to be visible at 1,000 feet. License plate lights are no longer need to be checked. Statute still requires the rear license plate be illuminated. Tinted lens covers are specifically addressed, rather than prohibiting lens covers. Auxiliary lighting is no longer checked during a safety inspection. A truck equipped with a camper shell at the time of the inspection that covers the center high-mounted stop lamp is acceptable. If the truck shell is manufactured with a center high- mounted stop lamp, it is required to function if the truck is equipped with a high-mounted stop lamp. Reference to Section 41-6a-1604 is added to allow flashing center high-mounted stop lamps that meet the requirements of the statute. In Section R714-160-14, the title is changed. It is now an "advise" if the horn is not securely fastened rather than a reject. Permanent connection wires need to be soldered and insulated instead of soldered "and/or" insulated. In Section R714-160-15, the title is changed. Rejection for damage or repairs that exceed an inch in the acute area of the windshield is now similar to the criteria for commercial motor vehicles. Windshields can be rejected for the following: any crack that intersects another crack within the acute area, any damage (i.e. star chip) in the acute area that cannot be covered by a disc 3/4 inch in diameter, or any damage that is within 3 inches of any other damage in the acute area. Non- transparent material is allowed in the lower left-hand corner of the windshield provided it does not extend more than 3 inches to the right of the left edge or more than 4 inches above the bottom edge of the windshield in accordance with Section 41-6a-1635. Windshield wipers that fail to return to the "park" position are now an "advise" instead of a reject. Streaking from wiper blades is not a "reject". The old rule directed inspectors to reject driver or passenger windows that failed to roll up to inspect light transmittance. The rule now directs inspectors to reject when the driver or front passenger window fails to roll up. Rear view mirrors are changed to reflect statute. A vehicle must have a left rear view mirror that meets OEM standards. A vehicle must have at least one other rear view and that one must be a right outside mirror if the vehicle has any amount of tint on its windows. In Section R714-160-16, the title is changed. A fender that have been removed or altered to the extent that it does not cover the entire width and upper 50% of the tire is now an "advise" instead of a reject. Inspectors will still check motorized seat belts, but the text describing the procedure is removed. Drilling that affects the strength or integrity of the frame is added as a "reject". Repairs to vehicle frame that do not meet OEM specifications is specifically listed as a "reject". Vehicle odometers no longer need to be checked to see if they’re functioning. In Section R714- 160-17, the title is changed. In Section R714-160-18, the title is changed. The wording that indicates a propane container should be visually inspected each time it is filled is removed. Safety inspectors are not responsible for filling these containers. Wording that describes the CNG fuel container Federal Motor Vehicle Safety Standards certification is removed, along with warnings and other instructions associated with CNG vehicle inspections. The rule simply states that is a "reject" if a CNG fuel container is not current with its certification in accordance with Federal Motor Vehicle Safety Standards. In Section R714-160-19, the title is changed. In Section R714- 160-20, the title is changed. In Section R714-160-21, the title is changed. The changes articulate that vintage vehicles do not require safety inspection pursuant to Subsection 53-8-205(1)(b)(iii). The current rule indicates a vintage vehicle means a vehicle that is 40 years old. The statute indicates 30 years old. The rule now references Section R873-22M-15 if a vehicle identification number is not stamped on the frame of a custom or replica vehicle. The title for Section R714-160-22 is "Low-Speed Vehicles". The rule now references Section 41-6a-1508 for inspection rather than listing all items to inspect on low-speed vehicles. The old rule stated that an operational braking system as designed by the manufacturer is needed. Section 41-6a-1508 references Title 41, Chapter 6a, Part 16, which includes braking system requirements. If the brakes on a low-speed vehicle do not meet those requirements, it is a "reject" on a safety inspection. The title for Section R714-150-23 is "Reconstructed/Salvaged Motor Vehicles". The rule now states that safety inspections for salvaged vehicles are required as stated in Subsection 53-8-205(3). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The changes that have been made do not affect the operating costs of the Utah Highway Patrol Safety Inspection Office. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. Some local governments do run fleet safety inspection stations, but it would be expected that they would comply with statute even though missing or insufficient mud flaps are an "advise" now and fender flares may be an "advise" instead of a "reject". This would include studded snow tires being used during months prohibited by statute. - SMALL BUSINESSES: Changes to mud flap, fenders, studded snow tires, and damaged windshields may affect businesses that supply or repair these items. The reason the changes might impact business is that if the repairs are not required to pass a safety inspection, the highway patrol is unsure as to how many individuals will choose to have the repairs done at the station doing the inspection, which could potentially result in a loss of revenue for the business. Missing or insufficient mud flaps are an "advise" now and fender flares may be an "advise" instead of a "reject." These items are still required by statute. Studded snow tires are no longer a "reject" during summer months. Studded snow tires are still prohibited by statute during the warmer months of the year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There should be no impact because mud flaps and fender flares are required in statute on certain vehicles in spite of the fact that they are no longer required in order to pass safety inspection. The same would be true for studded snow tires since they are prohibited by statute during the warmer months of the year. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the changes in this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is a potential that the repeal and reenactment of this rule could result in a loss of revenue to some businesses if individuals do not choose to have repairs done at the station doing the inspection due to the fact that the repairs are not required in order to pass inspection. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2016 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: 09/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40631.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 ADMINISTRATION No. 40616 (5-year Review): R151-2. Government Records Access and Management Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule should be continued because it is still in use by the Department, and no comments have been made that oppose the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Gregory Soderberg by phone at 801-530-6706, or by Internet E-mail at gsoderberg@utah.gov EFFECTIVE: 07/18/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40616.htm HEALTH DISEASE CONTROL AND PREVENTION, LABORATORY IMPROVEMENT No. 40623 (5-year Review): R444-1. Approval of Clinical Laboratories. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Clinical laboratories fall under the jurisdiction of federal law through the Clinical Laboratory Improvement Amendments, 1988. This rule allows Utah to regulate laboratories to the same standard, should the need arise. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Atkinson by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at rmatkinson@utah.gov EFFECTIVE: 07/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40623.htm No. 40624 (5-year Review): R444-14. Rule for the Certification of Environmental Laboratories. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: For Utah to maintain primacy under USEPA (especially for drinking water), there must exist a laboratory certification program within the state. This rule allows this program to certify laboratories to perform testing acceptable to the state environmental programs. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Atkinson by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at rmatkinson@utah.gov EFFECTIVE: 07/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40624.htm HUMAN SERVICES SERVICES FOR PEOPLE WITH DISABILITIES No. 40625 (5-year Review): R539-9. State Supported Employment Pilot Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 62A-5-103.1 authorizes and requires Rule R538-9 to detail eligibility and priority for participation in the state-funded supported employment program. This program received ongoing funding in the 2011 General Session for FY 2012. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jolene Hanna by phone at 801-538-4154, or by Internet E-mail at jhanna@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 07/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40625.htm LABOR COMMISSION ANTIDISCRIMINATION AND LABOR, ANTIDISCRIMINATION No. 40626 (5-year Review): R606-1. Antidiscrimination. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Labor Commission continues to have jurisdiction over claims of discrimination in the workplace. This rule establishes the methods for filing and investigating such claims. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alison Adams-Perlac by phone at 801-530-6921, by FAX at 801-530-7601, or by Internet E-mail at aadamsperlac@utah.gov EFFECTIVE: 07/28/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40626.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 40628 (5-year Review): R657-9. Taking Waterfowl, Wilson's Snipe and Coot. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-9 provides the procedures and standards necessary to manage the waterfowl, common snipe, and coot program for the Division of Wildlife Resources. The provisions adopted in this rule are effective in administering the state's waterfowl management program, and the continuation of this rule is necessary for its future success. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 08/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40628.htm No. 40629 (5-year Review): R657-10. Taking Cougar. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-10 provides the procedures and standards for taking and pursuing cougar. The provisions adopted in this rule are effective in administering the state's cougar management program, and the continuation of this rule is necessary for its future success. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 08/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40629.htm No. 40630 (5-year Review): R657-26. Adjudicative Proceedings for a License, Permit, or Certificate of Registration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-26 provides the procedures and standards for the suspension of the privilege of applying for, purchasing, and exercising the benefits conferred by a license or permit and the suspension of a certificate of registration, and the continuation of this rule is necessary for its future success. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 08/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40630.htm TRANSPORTATION OPERATIONS, CONSTRUCTION No. 40627 (5-year Review): R916-1. Advertising and Awarding Construction Contracts. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The statutes listed above are still in effect and require the Department to maintain this rule. 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: 07/28/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160815/40627.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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 40441 (AMD): R23-23.Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 06/15/2016 Effective: 07/22/2016 CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 40458 (AMD): R131-2.Capitol Hill Complex Facility Use Published: 06/15/2016 Effective: 07/22/2016 GOVERNOR ECONOMIC DEVELOPMENT No. 40462 (R&R): R357-1.Rural Fast Track Program Published: 06/15/2016 Effective: 07/22/2016 No. 40460 (R&R): R357-5.Motion Picture Incentive Fund Published: 06/15/2016 Effective: 07/22/2016 No. 40461 (NEW): R357-15.Enterprise Zone Tax Credit Published: 06/15/2016 Effective: 07/22/2016 No. 40459 (NEW): R357-17.Air Quality Incentive Published: 06/15/2016 Effective: 07/22/2016 HEALTH CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 40439 (AMD): R436-13-1.Integrity of Vital Records Published: 06/15/2016 Effective: 07/26/2016 HUMAN SERVICES CHILD AND FAMILY SERVICES No. 40436 (AMD): R512-60.Children's Account Published: 06/15/2016 Effective: 07/22/2016 RECOVERY SERVICES No. 40435 (AMD): R527-35.Non-IV-A Fee Schedule Published: 06/15/2016 Effective: 07/22/2016 INSURANCE ADMINISTRATION No. 40457 (AMD): R590-160.Administrative Proceedings Published: 06/15/2016 Effective: 07/28/2016 NATURAL RESOURCES PARKS AND RECREATION No. 40447 (AMD): R651-601.Definitions as Used in These Rules Published: 06/15/2016 Effective: 07/28/2016 No. 40448 (AMD): R651-602.Aircraft and Powerless Flight Published: 06/15/2016 Effective: 07/28/2016 No. 40445 (NEW): R651-612.Veterans with Disabilities Honor Pass Published: 06/15/2016 Effective: 07/28/2016 14. 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 . <> ----------------------------