---------------------------- Utah State Digest, Vol. 2016, No. 18 (September 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed August 16, 2016, 12:00 AM through September 1, 2016, 11:59 PM Volume 2016, No. 18 September 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 October 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/2016/20160915/sn157834.htm Recovery Audit Contractor Reimbursement Method - 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/2016/20160915/sn157862.htm Information on Filing No. 40632 for Rule R384-415, Electronic-Cigarette Substance Standards - Luke Chalmers by phone at 801-538-6260, or by Internet E-mail at tpcprules@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/sn157865.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. 2016-7 - 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/ExecDoc157854.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 August 16, 2016, 12:00 a.m., and September 1, 2016, 11:59 p.m. are summarized in this, the September 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the September 15, 2016, issue of the Utah State Bulletin until at least October 17, 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 January 13, 2017, 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. CRIME VICTIM REPARATIONS ADMINISTRATION No. 40687 (Amendment): R270-1. Award and Reparation Standards. SUMMARY OF THE RULE OR CHANGE: The definitions were amended to comply with statute, rule filing format issues were corrected, and other grammatical corrections and/or errors were made through the rule. There are also some clarifications that were added in the award section and victim services section, and the secondary victim section was deleted and incorporated in to the definition section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. The changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. This rule does not apply to small businesses. In addition, the changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. This rule addresses the award and reparation standards and does not affect businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Scheller by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40687.htm No. 40688 (Amendment): R270-2. Crime Victim Reparations Adjudicative Proceedings. SUMMARY OF THE RULE OR CHANGE: Title changes were made throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget that are expected. The changes to the rule only update certain titles throughout the rule. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government that are expected. The changes to the rule only update certain titles throughout the rule. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses that are expected. The changes to the rule only update certain titles throughout the rule, and the rule does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities that are expected. The changes to the rule only update certain titles throughout the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to the rule only update certain titles throughout the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule will have on businesses. The changes to the rule only update certain titles throughout the rule and do not have an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Scheller by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40688.htm No. 40689 (Repeal): R270-3. ADA Complaint Procedure. SUMMARY OF THE RULE OR CHANGE: The rule was adopted to establish grievance procedures to provide for prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act, pursuant to 28 CFR 35.107, 1992 edition. The Office intends for the procedure to be implemented elsewhere. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere. - 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 that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. The rule is being repealed, and the Office intends for the procedure to be implemented elsewhere. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Scheller by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40689.htm HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 40709 (New Rule): R384-205. Opiate Overdose Outreach Pilot Program. SUMMARY OF THE RULE OR CHANGE: This rule establishes procedures and application processes pursuant to Title 26, Chapter 55, for the Utah Department of Health to provide funds to pay for the purchase of an opiate antagonist or to pay for the cost of providing training on the proper administration of an opiate antagonist in response to an opiate-related drug overdose event. This rule is being filed to replace the 120-day emergency rule in order to make the rule permanent. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule contains procedures for distribution of funds from the Opioid Overdose Outreach Pilot Program established by Utah Code Title 26, Chapter 55. There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization but those costs are hard to measure. The pilot program will make approximately $150,000 in one-time funding available through a grant application process to organizations implementing opioid overdose prevention strategies. The funds allocated for the pilot project grants is $150,000. There will be an increase in workload at the Department to administer this program, but these costs will be covered by existing funding. - LOCAL GOVERNMENTS: The only costs would be if some local governments choose to apply for the grants. The Department has no way of determining the salary of staff or time involved in applying and administering the program. Costs associated with completing the grant application will be incurred by the organizations applying. Costs incurred by the organizations for the administering the program cannot be covered by the grant per Subsection 26- 55-107(5)(b). There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization but those costs would be hard to measure. - SMALL BUSINESSES: Some small pharmacies could lose sales of naloxone kits due to the pilot program, although our experience has been that small pharmacies do not carry naloxone kits because they are too expensive. Some small non-profit business involved with those at high risk for misusing and abusing opioids will qualify and may choose to apply for the grants. The Department has no way of determining the salary of staff or time involved in applying and administering the program. Costs associated with completing the grant application will be incurred by the organizations applying. Costs incurred by the organizations for the administering the program can not be covered by the grant per Subsection 26-55-107(5)(b). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule will not result in direct, measurable costs for other persons. There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization costs but those costs would be difficult to measure. Some pharmacies could lose sales of naloxone kits due to the pilot program, but that would be difficult to anticipate or measure. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule provides procedures for distribution of funds from the Opioid Overdose Outreach Pilot Program established by Title 26, Chapter 55, which will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is filed because the emergency rule that was previously filed was done in order to comply with H.B. 192 from the 2016 General Session which required that the Department adopt a rule to establish procedures to distribute funds from the Opioid Overdose Outreach Pilot Program by July 1, 2016, and this filing will make the rule permanent. There may be a slight fiscal impact on the few small pharmacies that sell naloxone kits since program funds may be used for such kits. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Trisha Keller by phone at 801-538-6865, by FAX at 801-538-9134, or by Internet E-mail at trishakeller@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40709.htm NATURAL RESOURCES OIL, GAS AND MINING; OIL AND GAS No. 40716 (Amendment): R649-3-32. Reporting of Undesirable Events. SUMMARY OF THE RULE OR CHANGE: This rule section establishes standards for oil and gas companies to report the release of fluids or natural gas to the environment. The significant changes include restructuring this section for improved readability, clarifying that the division shall be notified of major and minor reportable events as described, increasing the quantity standard for natural gas from a transportation facility since it pertains to multiple wells and is reported on another form, and lowering the quantity standard for fluid release reporting to five barrels which matches an adjacent state. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No material costs or savings are expected from this change to Section R649-3-32. The quantity standard changes will not have a material impact to the expenses of the division. - LOCAL GOVERNMENTS: Local government is not impacted by this rule change because oil and gas companies are the parties regulated by this rule. - SMALL BUSINESSES: Oil and gas production in 2015 resulted in 94% of the quantity from companies larger than a small business. For oil and gas wells drilled and completed in 2014 and 2015, 98% were operated by companies larger than a small business. Gas pipelines and processing facilities normally are not small businesses. Since the rule requires reporting unauthorized releases of fluids and natural gas via one phone call if a major event occurs and one subsequent written report if a major or minor release occurs, the impact of the rule change from a 10- to 5-barrel standard to small business is minimal, when considering they represent 2% to 6% of the total. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Parties other than small businesses, businesses, or local government are not impacted by this rule since the rule impacts oil and gas companies operating in Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: Costs will decrease for gas transportation and processing facilities since major events will begin at 1,500 vs. 500 Mcf, thus eliminating a call to the division within 24 hours. One larger processing company will see a 17% reduction in major reportable events due to the 500 to 1,500 Mcf change. Alternatively, well operators will begin fluid release reportings between 5 and 10 barrels as a minor reportable event, only requiring a subsequent report of 7 questions. Based upon the number of fluid releases reported between 10 and 15 barrels, the increase in number of minor events is estimated at 9.5%. The trade associations support this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Companies who gather, transport, and process natural gas will have a reduced fiscal impact while the individual oil and gas well operators will encounter a small increase in reporting for minor fluid releases at wellsites. The restructuring of the rule will also bring improved clarity to the reporting standards, which is more efficient for all companies. The division has worked collaboratively with stakeholders and analyzed nearby state rules on this topic, and consequently, the industry associations and SITLA support this repeal and reenactment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 09/28/2016 10:00 AM, Department of Natural Resources, 1594 W North Temple, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40716.htm PARDONS (BOARD OF) ADMINISTRATION No. 40708 (Amendment): R671-201. Original Hearing Schedule and Notice. SUMMARY OF THE RULE OR CHANGE: Original hearings for individuals who committed a homicide offense as a minor will be set at less than 15 years. Original hearings for individuals sentenced to 3 years to life will be scheduled after the service of 12 months as opposed to the previous requirement of 3 years. (Editor's Note: A corresponding 120-day (emergency) rule filing to Rule R671-201 that is effective as of 08/25/2016 is under Filing No. 40707 in this issue, September 15, 2016, Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Hearings are already required. The change only affects the timing of the hearing and does not create any revenue or increase costs for the agency. - LOCAL GOVERNMENTS: Local government does not participate in parole hearings and is not impacted by the proposed change. - SMALL BUSINESSES: Small business does not participate in parole hearings and is not impacted by the proposed change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The inmate benefits by having an earlier review of the inmates' parole status. Parole hearings are at no cost to the inmate. The proposed change does not create any cost to the inmate. COMPLIANCE COSTS FOR AFFECTED PERSONS: Parole hearings are at no cost to the inmate. The proposed change does not create any cost to the inmate. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses are not involved in parole hearings and will not be impacted. The change only moves up the date of the original hearing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/23/2016 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: - 09/21/2016 08:30 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40708.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40704 (Amendment): R746-310. Uniform Rules Governing Electricity Service by Electric Utilities. SUMMARY OF THE RULE OR CHANGE: Presently, Rule R746-310 incorporates by reference the 2007 edition of the National Electrical Safety Code (NESC) and 2001 and 2006 editions of the American National Standards Institute's (ANSI) electricity industry codes. More recent versions of these codes have been adopted by their publishers. The rule presently incorporates a portion of the 2007 edition of the NESC, specifically "C2-2017", which covers basic provisions for safeguarding persons from hazards arising from the installation, operation, or maintenance of certain electric facilities and work rules for the construction, maintenance, and operation of those facilities. The 2017 version updates certain definitions, simplifies minimum approach tables and voltage exposure for arc flash, and clarifies certain engineering parameters with respect to wire attention and ungrounded portions of guys and swimming pools. With respect to the ANSI, the rule presently incorporates sections "C12.1-2001" and "C84.1-2006". The proposed change would update these to "C12.1-2014" and "C84.1-2011", respectively. The latter four digits in each section indicate the year the publisher adopted the referenced version. C12.1-2014 establishes acceptable performance criteria for new types of AC watthour meters, demand meters, demand registers, pulse devices, and auxiliary devices. The 2014 update contains several revisions to respond to changes in the industry, addressing performance requirements, accuracy tests, the effect of high voltage line surges, the effect of operating temperature, the effective of relative humidity, and establishing a testing schedule. C84.1-2011 establishes nominal voltage ratings and operating tolerances for 60-hertz electric power systems above 100 volts. It includes preferred voltage ratings up to and including 1,200 kV maximum system voltage, as defined in the standard. The 2011 edition updates a table to reflect changes in lighting characteristics. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed rule changes should not result in any costs to the State because the changes merely adopt modest technical revisions to standards that are already incorporated and enforced. Public Service Commission purchased two copies of each publication, and the cost is as follows: IEEE-C2-2017 - $302, ANSI C84.1-2011 - $176, ANSI C12.1-2014 - $492. - LOCAL GOVERNMENTS: The rule applies to utilities furnishing electricity in Utah. Local governments operating utilities are already expected to operate pursuant to prudent and customary industry standards. No anticipated costs are expected. - SMALL BUSINESSES: The rule applies to operators of electric utilities and no impact on small business is anticipated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule applies to utilities furnishing electricity in Utah, and no effects on persons other than utilities are anticipated. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons are not expected because this rule change simply adopts prevailing standards and practices for electric utilities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule change adopts and formalizes current operating practices and requirements. Therefore, the proposed rule change will not result in any additional costs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40704.htm No. 40685 (Amendment): R746-343-16. New Technology Equipment Distribution Program (NTEDP). SUMMARY OF THE RULE OR CHANGE: The pilot program will begin with the effective date of this rule and conclude no later than 12/31/2018. All individuals interested in participating must submit an application to provide information about the nature of the applicant's hearing/speech challenge, to document the applicant's income level, and to confirm that the applicant is willing and able to provide feedback to the Commission during the pilot program. Initially, up to 25 participants will be selected to test tablet devices or cellular telephones. Additional participants may be included in the pilot program over time. Participants will be required to complete surveys, follow instructions from the Commission, and protect against loss of and damage to the devices provided under the pilot program. The Commission notes that the rule uses the terms "speech-impaired" and "hearing-impaired" to identify potential participants. The term "impaired" carries negative connotations, and the Commission regrets having to use it. However, where the term is included in the definition section of the statute under which this rule is promulgated, the Commission is hesitant to introduce a different term in rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that each device provided under the pilot program will cost approximately $1,200. The Commission has the necessary budget in place. - LOCAL GOVERNMENTS: Local governments are not required to participate in or administer the pilot program. No fiscal impact to local government is anticipated. - SMALL BUSINESSES: This rule filing establishes a pilot program under which the Commission will distribute tablets or cellular telephones to low-income Utahns who have hearing or speech challenges and, therefore, need assistive devices in order to access telecommunications services. While it is possible that the needed devices will be purchased from one or more small businesses, there will be no fiscal impact to small businesses in general (i.e., no fees or compliance costs). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A person who is selected to participate in the pilot program will have no financial obligations unless the person loses or damages the device through misconduct or negligence. Should such circumstances arise, the costs to repair or replace a device will vary and, therefore, cannot be estimated. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, a person who is selected to participate in the pilot program must complete surveys and follow instructions from the Commission. No costs are associated with these obligations. Should a device be lost or damaged due to a participant's misconduct or negligence, the participant will be required to cover the cost of repair or replacement. Such costs will vary and cannot be estimated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, the vendor(s) chosen to provide tablets and cellular telephones will receive revenue from those sales. Otherwise, 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 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40685.htm No. 40723 (Amendment): R746-360-6. Eligibility for Fund Distributions. SUMMARY OF THE RULE OR CHANGE: The business affordable base rate of $26 is repealed. The affordable base rate for all landline connections is $18. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change will allow rural telecommunications providers that receive support from the Utah Universal Service Fund (UUSF) to charge business customers up to $8 less per line monthly than they have historically been required to charge. These providers will, therefore, see a decline in revenues, which might qualify them for additional UUSF support. The Commission roughly estimates that the upward pressure on the UUSF could be as high as $1,920,000 annually. However, the dollar amount cannot be determined with specificity until the circumstances of each provider are reviewed. The Commission will rely on the Division of Public Utilities to conduct that review and recommend the changes, if any, that should be made to each provider's UUSF disbursement. Any such recommendation will be subject to adjudication before the Commission. Alternatively, a provider may petition the Commission for an adjustment to its UUSF disbursement. In either case, the reasonable costs incurred by the provider in obtaining an adjustment may be reimbursed from the UUSF. Although the reimbursable costs will vary and, therefore, cannot be estimated, they represent additional pressure on the UUSF. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the rules governing administration of the UUSF. No fiscal impact to local government is anticipated. - SMALL BUSINESSES: A small business that is served by a UUSF-supported telecommunications provider might see its monthly bill for landline telephone service reduced by as much as $8 per month. UUSF-supported telecommunications providers will see decreased monthly revenues as a result. The total dollar amount of decreased revenues will vary, depending on the rate the provider has been charging and the number of business customers served. Therefore, the dollar amount of decreased revenues cannot be estimated. In order to recover the lost revenues, an affected provider will need to participate in an administrative proceeding to adjust its UUSF disbursement. The costs of participation will vary, depending on whether there are contested issues. Therefore, such costs cannot be estimated. However, to the extent the costs are found to be reasonable, they are eligible for reimbursement from the UUSF. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is anticipated to increase pressure on the UUSF, which is funded through a surcharge that telecommunications customers pay. As of 10/01/2016, the surcharge is 1.65% of billed intrastate retail rates. If additional funding is needed to replace lost revenue resulting from the repeal of the business rate, it is possible that the surcharge will have to be increased. Such increase will affect telecommunications customers in Utah. As an example, a customer who currently is billed $100 each month for intrastate service also pays $1.65 into the UUSF. If the surcharge were increased to 2% of intrastate retail rates, that customer would pay an additional 35 cents per month into the UUSF. COMPLIANCE COSTS FOR AFFECTED PERSONS: UUSF-supported telecommunications providers are permitted, but not required, to reduce the rates they charge business customers. If they choose to reduce their rates, they might also be entitled to receive additional UUSF support. The costs of establishing the appropriate support level are likely to be reimbursed. Therefore, it is not anticipated that affected telecommunications providers will see a fiscal impact due to compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As explained in the rule analysis, a business that purchases landline service from a UUSF-supported telecommunications provider might see its monthly bill go down by as much as $8. UUSF-supported telecommunications providers that choose to reduce their business rates will have reduced revenues, which may be recovered from the UUSF. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40723.htm TRANSPORTATION OPERATIONS, CONSTRUCTION No. 40683 (New Rule): R916-7. Appeals to UDOT Decisions on, and Requesting Compliance with Nighttime Noise Permits. SUMMARY OF THE RULE OR CHANGE: This rule establishes a procedure for a local jurisdictional authority or local government to appeal the decision of the Department to conduct nighttime highway construction on roads in certain circumstances, and submitting requests to the Department to enforce the terms of a noise permit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this rule will lead to any costs or savings to the state budget because it does not require any additional expenditure by any state entity or relieve any state entity of any previously mandated expenditure. - LOCAL GOVERNMENTS: The Department does not anticipate that this rule will lead to any costs or savings to any local government because it does not require any additional expenditure by any local government or relieve any local government of any previously mandated expenditure. - SMALL BUSINESSES: The Department does not anticipate that this rule will lead to any costs or savings to small business because it does not require any additional expenditure by small business or relieve small business of any previously mandated expenditure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this rule will lead to any costs or savings to persons other than small businesses, businesses, or local government entities because it does not require any additional expenditure by persons other than small businesses, businesses, or local government entities or relieve persons other than small businesses, businesses, or local government entities of any previously mandated expenditure. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate that this rule will lead to any costs for affected persons because it does not require any additional expenditure by affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I do not believe this rule will have any fiscal impact on businesses. The rule is procedural and directed at public entities only. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40683.htm OPERATIONS, MAINTENANCE No. 40729 (New Rule): R918-5. Construction or Improvement of Highway. SUMMARY OF THE RULE OR CHANGE: Section 72-6-107 requires construction or improvement projects with an estimated cost for labor and materials that exceeds the bid limit defined in Section 72-6-109 to be performed under contract awarded to the lowest responsible and responsive bidder. Construction or improvement projects with estimated costs for labor and materials lower than that bid limit may be performed by force account. Section 72-6-107 also directs the Department to establish a procedure whereby evidence that a region violated that law may be heard, and also directs the Department to establish sanctions for a region found to have violated Section 72-6-107. This rule establishes those procedures and sanctions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this rule will lead to additional costs or savings to the state's budget. Any fiscal impact that results due to enforcement of this rule will be internal to the Department. - LOCAL GOVERNMENTS: The Department does not anticipate that this rule will lead to additional costs or savings to the budgets of local governments. Any fiscal impact that results due to enforcement of this rule will be internal to the Department. - SMALL BUSINESSES: The Department does not anticipate that this rule will lead to additional costs or savings to the budgets of small businesses. Any fiscal impact that results due to enforcement of this rule will be internal to the Department. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this rule will lead to additional costs or savings to the budgets of persons other than small businesses, businesses, or local government entities. Any fiscal impact that results due to enforcement of this rule will be internal to the Department. COMPLIANCE COSTS FOR AFFECTED PERSONS: Any compliance costs that result due to enforcement of this rule will be internal to the Department. Persons outside of the Department will not be affected by enforcement of this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will not have any fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40729.htm PRECONSTRUCTION No. 40724 (Amendment): R930-7. Utility Accommodation. SUMMARY OF THE RULE OR CHANGE: The amendment defines utility facilities as those directly serving the public. Utility facilities not directly serving the public are defined as private and indirect facilities. Utility facilities may access highway right-of-way under current license and permit requirements. Private and indirect facilities may be allowed longitudinal and site access (e.g. towers, poles, pads) to highway right-of-way by lease. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate this amendment will lead to any additional costs or savings to the state's budget. The amendment accommodates how different kinds of private utility facilities may access state-owned rights-of-way and should not have any impact on the state's budget. - LOCAL GOVERNMENTS: The Department does not anticipate this amendment will lead to any additional costs or savings to the budgets of local governments. The amendment accommodates how different kinds of private utility facilities may access state-owned rights-of-way and should not have any impact on the budgets of local governments. - SMALL BUSINESSES: This amendment may have a fiscal impact on private small businesses that operate utility facilities. The amount of the fiscal impact this amendment will have on these small businesses will be negotiated and depend on conditions related to the access request and the type of utility facility involved and cannot be predetermined. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment may have a fiscal impact on persons other than small businesses, businesses, or local government entities if they operate utility facilities. The amount of the fiscal impact this amendment will have on these persons other than small businesses, businesses, or local government entities will be negotiated and depend on conditions related to the access request and the type of utility facility involved and cannot be predetermined. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendment affects private and indirect utility facilities that may request longitudinal and site access to highway rights-of-way in the future. Companies installing private and indirect utility facilities have an option to negotiate a lease arrangement with the Department within highway right-of-way. Compliance costs for companies seeking to install private and indirect utility facilities are to be negotiated and will depend on conditions related to the access request and the type of utility facility, which cannot be predetermined. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment will not have a direct fiscal impact on businesses generally. There will be a fiscal impact for those businesses seeking to install private and indirect utility facilities on Department rights-of-way. Those impacts will be negotiated, and the impact will depend upon conditions related to the access request and the type of utility facility. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40724.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. PARDONS (BOARD OF) ADMINISTRATION No. 40707 (Emergency Rule): R671-201. Original Hearing Schedule and Notice. SUMMARY OF THE RULE OR CHANGE: Original hearings for individuals who committed a homicide offense as a minor will be set at less than 15 years. Original hearings for individuals sentenced to three years to life will be scheduled after the service of twelve months as opposed to the previous requirement of three years. (Editor's Note: A corresponding proposed amendment to Rule R671-201 is under Filing No. 40708 in this issue, September 15, 2016, Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Case law requires a certain standard of review when an individual who is sentenced to life in prison for an offense that was committed when the individual was a minor. If the sentence is three years to life, the Board must conduct the original hearing before the minimum sentence, which is less than three years. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Hearings are already required. The change only affects the timing of the hearing and does not create any revenue or increase costs for the agency. - LOCAL GOVERNMENTS: Local government does not participate in parole hearings and is not impacted by the proposed change. - SMALL BUSINESSES: Small business does not participate in parole hearings and is not impacted by the proposed change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The inmate benefits by having an earlier review of the inmates' parole status. Parole hearings are at no cost to the inmate. The proposed change does not create any cost to the inmate. COMPLIANCE COSTS FOR AFFECTED PERSONS: Parole hearings are at no cost to the inmate. The proposed change does not create any cost to the inmate. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses are not involved in parole hearings and will not be impacted. The change only moves up the date of the original hearing. 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 EFFECTIVE: 08/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40707.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. AGRICULTURE AND FOOD HORSE RACING COMMISSION (UTAH) No. 40703 (5-year Review): R52-7. Horse Racing. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The continuation of this rule is necessary to enable the horse industry to record race results and receive official recognition from the national horse breed organizations. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 08/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40703.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40705 (5-year Review): R156-15. Health Facility Administrators Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 15, with respect to health facility administrators. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov EFFECTIVE: 08/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40705.htm No. 40706 (5-year Review): R156-71. Naturopathic Physician Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 71, with respect to naturopathic physicians. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov EFFECTIVE: 08/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40706.htm REAL ESTATE No. 40684 (5-year Review): R162-2g. Real Estate Appraiser Licensing and Certification Administrative Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The statutory requirement for this rule remains in effect. There have been no written comments in opposition to this rule. Therefore, the rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov EFFECTIVE: 08/18/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40684.htm INSURANCE ADMINISTRATION No. 40725 (5-year Review): R590-207. Health Producer Commissions for Small Employer Groups. 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 important because it eliminates the pressure from insurers on agents from selling guarantee issue or renewal policies to small business owners. This way small employers are guaranteed health insurance coverage. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 08/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40725.htm No. 40726 (5-year Review): R590-210. Privacy of Consumer Information Exemption for Manufacturer Warranties and Service Contracts. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R590-210 is applicable to licensees of the department. Persons or entities that provide warranty or service contracts on consumer goods are required to register with the department and provide certain information about their ability to perform under the warranty or service contract. Technically a registration could be considered a license issued by the department. Unless those contracts are exempted from the rule, the provider must comply with Rule R590-210. Without the exemption, the persons or entities providing the warranties or service contracts will experience immediate and substantial costs to be in compliance with Rule R590-210. Without the exemption, they will either be out of compliance or will have to stop providing the product or provide the product subject to being in violation of the rule. The impact to the public is immediate and perilous. It will impact the delivery of these products in interstate commerce and will result in increased costs to purchasers. It will impact the supply of these products in the market. Warranty and service contract providers are not subject to Gramm-Leach-Bliley. However, because they are required to register with the department, they can be technically considered to be "licensees" of the department and without exemption would be subject to Rule R590-210, which applies only to financial services entities under Gramm- Leach-Bliley. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 08/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40726.htm No. 40727 (5-year Review): R590-237. Access to Health Care Providers in Rural Counties. 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 is needed to assure that people living in rural areas have access to adequate heath care services. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 08/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40727.htm LABOR COMMISSION ANTIDISCRIMINATION AND LABOR, FAIR HOUSING No. 40717 (5-year Review): R608-1. Utah Fair Housing 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 remains necessary in light of the Labor Commission's continuing responsibility to administer Title 57, Chapter 21, Utah Fair Housing Act and the statutory authority contained in Subsection 57-21-8(2)(a) to adopt rules necessary to implement the Act. The Commission has received no comments opposing this rule or its continuation. 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: 08/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40717.htm ANTIDISCRIMINATION AND LABOR, LABOR No. 40720 (5-year Review): R610-1. Minimum Wage, Clarify Tip Credit, and Enforcement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule remains necessary in light of the Labor Commission's continuing responsibility to administer Title 34, Chapter 40, Utah Minimum Wage Act, and the statutory authority contained in Section 34-40-105 to adopt rules to implement the Act. The Commission has received no comments opposing this rule or its continuation. 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: 08/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40720.htm No. 40719 (5-year Review): R610-2. Employment of Minors. 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 remains necessary in light of the Labor Commission's continuing responsibility to administer Title 34, Chapter 23, Employment of Minors, and the statutory authority contained in Subsection 34-23-104(2) to adopt rules to implement the Act. The Commission has received no comments opposing this rule or its continuation. 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: 08/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40719.htm No. 40718 (5-year Review): R610-3. Filing, Investigation, and Resolution of Wage Claims. 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 remains necessary in light of the Labor Commission's continuing responsibility to administer Title 34, Chapter 28, Payment of Wages, and the statutory authority contained in Subsections 34-28-9(1)(b) and 34-28-19(5) to adopt rules to implement the Payment of Wages Act. The Commission has received no comments opposing this rule or its continuation. 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: 08/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40718.htm BOILER AND ELEVATOR SAFETY No. 40691 (5-year Review): R616-2. Boiler and Pressure Vessel 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 remains necessary in light of the Labor Commission's continuing responsibility to administer Title 34A, Chapter 7, Part 1, Boilers and Pressure Vessels and the statutory directive contained in Subsections 34-7- 103(6) and 34-7-103(7) to adopt standards for inspection and safe operation of boilers and pressure vessels. The Commission has received no comments opposing this rule or its continuation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by Internet E-mail at awindham@utah.gov - Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov EFFECTIVE: 08/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40691.htm No. 40690 (5-year Review): R616-3. Elevator 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 remains necessary in light of the Labor Commission's continuing responsibility to administer Title 34A, Chapter 7, Part 2, the Elevator and Escalator Safety Act and the statutory directive contained in Subsection 34- 7-203(6) to adopt national safety standards or other safety codes to be used in inspecting elevators and escalators. The Commission has received no comments opposing this rule or its continuation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by Internet E-mail at awindham@utah.gov - Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov EFFECTIVE: 08/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40690.htm NATURAL RESOURCES OIL, GAS AND MINING; ADMINISTRATION No. 40693 (5-year Review): R642-100. Records of the Division and Board of Oil, Gas and Mining. 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 so that a process remains in place for managing the records of the Division and Board of Oil, Gas and Mining. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40693.htm OIL, GAS AND MINING; ABANDONED MINE RECLAMATION No. 40694 (5-year Review): R643-870. Abandoned Mine Reclamation Regulation Definitions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Definitions for Abandoned Mine Reclamation in this rule are necessary to avoid inconsistent use of terminology by the board, division, and affected parties. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40694.htm No. 40695 (5-year Review): R643-872. Abandoned Mine Reclamation Fund. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes how the Abandoned Mine Reclamation Fund will be managed. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40695.htm No. 40696 (5-year Review): R643-874. General Reclamation Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes reclamation eligibility requirements and priorities in the Abandoned Mine Reclamation Program. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40696.htm No. 40697 (5-year Review): R643-875. Noncoal Reclamation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes land and water eligibility requirements for noncoal reclamation in the Abandoned Mine Reclamation Program. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40697.htm No. 40698 (5-year Review): R643-877. Rights of Entry. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes procedures that are necessary for entry upon land for reclamation purposes by the Abandoned Mine Reclamation Program. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40698.htm No. 40699 (5-year Review): R643-879. Acquisition, Management, and Disposition of Lands and Water. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes procedures that are necessary for acquisition of eligible land and water resources for emergency and reclamation purposes and also the disposition of lands so acquired. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40699.htm No. 40700 (5-year Review): R643-882. Reclamation on Private Land. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes procedures that are necessary for recovery of the cost of reclamation activities conducted on private land by the Abandoned Mine Reclamation Program. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40700.htm No. 40701 (5-year Review): R643-884. State Reclamation Plan. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes procedures that are necessary for the preparation, submission, and approval of the state reclamation plan to the Office of Surface Mining which is critical to funding of the Abandoned Mine Reclamation Program. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40701.htm No. 40702 (5-year Review): R643-886. State Reclamation Grants. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes procedures that are necessary for receipt of grants by the Abandoned Mine Reclamation Program for the reclamation of eligible lands and water in the reclamation plan. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40702.htm OIL, GAS AND MINING; OIL AND GAS No. 40710 (5-year Review): R649-1. Oil and Gas Definitions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The definitions in this rule are necessary to avoid inconsistent use of terminology by the board, division, industry, and other affected parties. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40710.htm No. 40711 (5-year Review): R649-2. General 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 necessary to specify the authority and scope of the division's responsibilities provided for in Title 40, Chapter 6, et seq. It also provides a framework for day-to-day operations including inspections, record access, and production measurement. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40711.htm No. 40712 (5-year Review): R649-3. Drilling and Operating Practices. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Without this rule, the division would not have the ability to issue permits, review proposed and ongoing operations, and function in the arena of regulating oil and gas drilling and operations in the state to protect the public. Therefore, this rule should be continued. Also, a rule amendment to Section R649-3-32 is in process. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40712.htm No. 40713 (5-year Review): R649-5. Underground Injection Control of Recovery Operations and Class II Injection Wells. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Without this rule, the numerous injection wells used for waste disposal and reservoir pressure maintenance would fall under federal authority. This rule allows the division to assume state primacy for injection operations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40713.htm No. 40714 (5-year Review): R649-8. Reporting and Report Forms. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary for the division to carry out the requirement to collect appropriate information from parties in the oil and gas industry and then make available to the public. This rule is necessary for consistency in data collection and data publication. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40714.htm No. 40715 (5-year Review): R649-9. Waste Management and Disposal. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Without this rule, the state would not have a mechanism to manage the wastes generated in the process of exploration and production of petroleum hydrocarbons in the state. This rule and the board authority extended to the division are the means for proper disposal and handling of these wastes to protect the public. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 08/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40715.htm TRANSPORTATION ADMINISTRATION No. 40728 (5-year Review): R907-63. Structure Repair and Loss Recovery Procedure. 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 was just amended effective 08/23/2016. The rule is essential to the Department to recover the costs of repairing damage to highway facilities, structures, and appurtenances from those who cause the damage. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 09/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40728.htm MOTOR CARRIER No. 40721 (5-year Review): R909-1. Safety Regulations for Motor Carriers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 72-9-301 still requires the Department to enforce the Federal Motor Carrier Safety Regulations as contained 49 CFR related to the operation of a motor carrier within the state. This rule incorporates those federal regulations by reference. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 08/30/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40721.htm No. 40722 (5-year Review): R909-75. Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 72-9-301 is still in effect. This section still requires the Department to enforce the federal regulations included in 49 CFR Sub-Chapter C, Parts 107, 171, 172, 173, 177, 178, 179, and 180. This rule adopts these federal regulations by reference, thus enabling the Department to comply with Section 72-9-301. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 08/30/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160915/40722.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 FINANCE No. 40547 (AMD): R25-7.Travel-Related Reimbursements for State Employees Published: 07/15/2016 Effective: 08/22/2016 PURCHASING AND GENERAL SERVICES No. 40559 (AMD): R33-1.Utah Procurement Rules, "General Procurement Provisions," Definitions Published: 07/15/2016 Effective: 08/22/2016 No. 40560 (AMD): R33-4.General Procurement Provisions, Prequalifications, Specifications, and Small Purchases Published: 07/15/2016 Effective: 08/22/2016 No. 40571 (AMD): R33-5.Request for Information Published: 07/15/2016 Effective: 08/22/2016 No. 40561 (AMD): R33-6.Bidding Published: 07/15/2016 Effective: 08/22/2016 No. 40567 (AMD): R33-7.Request for Proposals Published: 07/15/2016 Effective: 08/22/2016 No. 40570 (AMD): R33-8.Exceptions to Procurement Requirements Published: 07/15/2016 Effective: 08/22/2016 No. 40565 (AMD): R33-9.Cancellations, Rejections, and Debarment Published: 07/15/2016 Effective: 08/22/2016 No. 40568 (AMD): R33-21.Interaction Between Procurement Units Published: 07/15/2016 Effective: 08/22/2016 No. 40569 (AMD): R33-24.Unlawful Conduct Published: 07/15/2016 Effective: 08/22/2016 COMMERCE SECURITIES No. 40498 (REP): R164-31.Administrative Fines Published: 07/01/2016 Effective: 08/23/2016 CRIME VICTIM REPARATIONS ADMINISTRATION No. 40524 (NEW): R270-6.Recusal of a Board Member for a Conflict of Interest Published: 07/15/2016 Effective: 08/22/2016 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40266 (NEW): R315-319.Coal Combustion Residuals Requirements Published: 04/15/2016 Effective: 09/01/2016 No. 40266 (CPR): R315-319.Coal Combustion Residuals Requirements Published: 08/01/2016 Effective: 09/01/2016 HEALTH FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 40550 (AMD): R432-14.Birthing Center Construction Rule Published: 07/15/2016 Effective: 08/26/2016 No. 40551 (AMD): R432-550.Emergency and Disaster Published: 07/15/2016 Effective: 08/26/2016 PUBLIC SAFETY FIRE MARSHAL No. 40522 (AMD): R710-5.Automatic Fire Sprinkler System Inspecting and Testing Published: 07/15/2016 Effective: 08/23/2016 No. 40523 (AMD): R710-8.Day Care Rules Published: 07/15/2016 Effective: 08/23/2016 No. 40546 (AMD): R710-9.Rules Pursuant to the Utah Fire Prevention and Safety Act Published: 07/15/2016 Effective: 08/23/2016 No. 40544 (AMD): R710-10.Rules Pursuant to Fire Service Training, Education, and Certification Published: 07/15/2016 Effective: 08/23/2016 No. 40521 (AMD): R710-11.Fire Alarm System Inspecting and Testing Published: 07/15/2016 Effective: 08/23/2016 No. 40520 (AMD): R710-12.Hazardous Materials Training and Certification Published: 07/15/2016 Effective: 08/23/2016 No. 40519 (AMD): R710-13.Reduced Cigarette Ignition Propensity and Firefighter Protection Act Published: 07/15/2016 Effective: 08/23/2016 PEACE OFFICER STANDARDS AND TRAINING No. 40527 (REP): R728-101.Public Petitions for Declaratory Rulings Published: 07/15/2016 Effective: 08/23/2016 No. 40534 (R&R): R728-401.Requirements For Approval and Certification of Peace Officer Basic Training Programs and Applicants Published: 07/15/2016 Effective: 08/23/2016 No. 40528 (REP): R728-402.Application Procedures to Attend a Basic Peace Officer Training Program Published: 07/15/2016 Effective: 08/23/2016 No. 40535 (R&R): R728-403.Qualifications For Admission To Certified Peace Officer Training Academies Published: 07/15/2016 Effective: 08/23/2016 No. 40531 (REP): R728-404.Basic Training Basic Academy Rules Published: 07/15/2016 Effective: 08/23/2016 No. 40532 (REP): R728-405.Drug Testing Requirement Published: 07/15/2016 Effective: 08/23/2016 No. 40529 (REP): R728-406.Requirements for Approval and Certification of Basic Correctional, Reserve and Special Function Training Programs and Applicants Published: 07/15/2016 Effective: 08/23/2016 No. 40533 (REP): R728-407.Waiver/Reactivation Process Published: 07/15/2016 Effective: 08/23/2016 No. 40536 (R&R): R728-410.Guidelines Regarding Failure To Obtain Annual Statutory Training Published: 07/15/2016 Effective: 08/23/2016 No. 40537 (R&R): R728-411.Guidelines Regarding Administrative Action Taken Against Individuals Functioning As Peace Officers Without Peace Officer Certification Or Powers Published: 07/15/2016 Effective: 08/23/2016 No. 40530 (REP): R728-500.Utah Peace Officer Standards and Training In- Service Training Certification Procedures Published: 07/15/2016 Effective: 08/23/2016 No. 40539 (REP): R728-501.Career Development Courses Published: 07/15/2016 Effective: 08/23/2016 No. 40538 (R&R): R728-502.Procedure for POST Instructor Certification Published: 07/15/2016 Effective: 08/23/2016 No. 40540 (REP): R728-505.Service Dog Program Rules Published: 07/15/2016 Effective: 08/23/2016 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40553 (AMD): R746-360-4.Application of Fund Surcharges to Customer Billings Published: 07/15/2016 Effective: 08/22/2016 TRANSPORTATION ADMINISTRATION No. 40558 (AMD): R907-63.Structure Repair and Loss Recovery Procedure Published: 07/15/2016 Effective: 08/23/2016 PROGRAM DEVELOPMENT No. 40525 (AMD): R926-14.Utah Scenic Byway Program Administration; Scenic Byways Designation, De-designation, and Segmentation Processes Published: 07/15/2016 Effective: 08/23/2016 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 40554 (AMD): R986-700.Child Care Assistance Published: 07/15/2016 Effective: 08/25/2016 UNEMPLOYMENT INSURANCE No. 40449 (AMD): R994-403-117e.Claimant's Responsibility Published: 06/15/2016 Effective: 08/25/2016 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 . <>