---------------------------- Utah State Digest, Vol. 2016, No. 20 (October 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed September 16, 2016, 12:00 AM through September 30, 2016, 11:59 PM Volume 2016, No. 20 October 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 Extended Public Comment for the Amendment to Rule R384-415, Electronic- Cigarette Substance Standards, Filing No. 40632 - 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/2016/20161015/sn157975.htm Notice for November 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/2016/20161015/sn157934.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Calling the Sixty-First Legislature Into the Twelfth Extraordinary Session, Utah Proclamation No. 2016-12E - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2016/ExecDoc157948.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 September 16, 2016, 12:00 a.m., and September 30, 2016, 11:59 p.m. are summarized in this, the October 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the October 15, 2016, issue of the Utah State Bulletin until at least November 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 February 12, 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. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 40802 (Amendment): R58-17. Aquaculture and Aquatic Animal Health. SUMMARY OF THE RULE OR CHANGE: The rule adds provisions regarding the Fish Health Policy Board and electronic meetings. It clarifies when an import permit or certificate of veterinary inspection is required to import live aquatic animals into the state. Further, it allows inspectors to take a composite sample of equally susceptible species instead of collecting tissue from 60 fish of each species. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The cost for virology screening on one lot (i.e., 60 fish of the same species) is approximately $550. Therefore, the Division of Wildlife Resources could save $3,850 by being able to form composite samples from equally susceptible species. This savings does not account for the labor cost incurred collecting fish from wild sites. The collection of fish for disease sampling or fish health certification can involve setting and pulling nets, electrofishing, or angling for fish and typically involves multiple people working several hours. By allowing for composite samples of equally susceptible species and thereby reducing the number of fish needed to be caught, the cost savings is considerably more. - LOCAL GOVERNMENTS: There are no requirements made on local government in the changes to the rule. - SMALL BUSINESSES: The rule change may encourage private aquaculture to diversify the number of non-salmonid species they culture. At the time of the rule change, there is only one facility that has fish that would be affected by the rule change. They could save $550 per year for fish health certification inspection costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule change may encourage private aquaculture to diversify the number of non-salmonid species they culture. At the time of the rule change, there is only one facility that has fish that would be affected by the rule change. They could save $550 per year for fish health certification inspection costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: These rule changes could potential lead to a $550 cost savings to those affected by the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will positively reduce the amount of labor necessary for the department and the Division in collecting samples. Furthermore, it could result in a net savings for the small business engaged in aquaculture. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40802.htm CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 40814 (Amendment): R131-13. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY OF THE RULE OR CHANGE: The changes in this rule outline the requirements of contractors and subcontractors that do work for the state of Utah, to carry health insurance for their employees. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected to the state budget as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon budget and not this rule. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government budget. The changes to the rule do not affect local government. - SMALL BUSINESSES: There are no anticipated costs or savings that are expected to small businesses as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon budget and not this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon budget and not this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon costs and not this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that are expected as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines any fiscal impacts and not this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40814.htm CRIME VICTIM REPARATIONS ADMINISTRATION No. 40833 (Amendment): R270-1-4. Counseling Awards. SUMMARY OF THE RULE OR CHANGE: Subsection R270-1-4(10) is amended to state that the office shall not pay for treatment for an offender related to the perpetration of the criminally injurious conduct. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Any anticipated cost or savings to the state budget, based on the changes to this rule, cannot be measured. The changes to this rule address the counseling awards and the office not paying for treatment for an offender related to the perpetration of the criminally injurious conduct. It is impossible to determine what impact, if any, there may be on the state budget. Therefore, there are no anticipated costs or savings that this rule may have on the state budget. - LOCAL GOVERNMENTS: Any anticipated cost or savings to local government, based on the changes to this rule, cannot be measured. The changes to this rule address the counseling awards and the office not paying for treatment for an offender related to the perpetration of the criminally injurious conduct. It is impossible to determine what impact, if any, there may be on local government. Therefore, there are no anticipated costs or savings that this rule may have on local government. - SMALL BUSINESSES: Any anticipated cost or savings to small businesses, based on the changes to this rule, cannot be measured. The changes to this rule address the counseling awards and the office not paying for treatment for an offender related to the perpetration of the criminally injurious conduct. It is impossible to determine what impact, if any, there may be on small businesses. Therefore, there are no anticipated costs or savings that this rule may have on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities, based on the changes to this rule, cannot be measured. The changes to this rule address the counseling awards and the office not paying for treatment for an offender related to the perpetration of the criminally injurious conduct. It is impossible to determine what impact, if any, there may be on persons other than small businesses, businesses, or local government entities. Therefore, there are no anticipated costs or savings that this rule may have on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to the rule only indicate that the office shall not pay for treatment for an offender related to the perpetration of the criminally injurious conduct. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Any anticipated fiscal impacts that this rule may have on businesses, based on the changes to this rule, cannot be measured. The rule is being amended to clarify the pre-existing language so it is consistent with the intent of the Board. It is impossible to determine what impact, if any, there may be on businesses. Therefore, there are no anticipated costs or savings that this rule may have on small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40833.htm No. 40806 (Repeal): R270-4. Government Records Access and Management Act. SUMMARY OF THE RULE OR CHANGE: No changes have been made. The rule is being 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. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government that are expected as a result of the repeal of this rule. GRAMA is governed by statute, specifically Utah Code 63G-2-101 et seq. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses that are expected as a result of the repeal of this rule. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq. - 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. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons as this rule is being repealed. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that repealing this rule may have on businesses. GRAMA is governed by statute, specifically Utah Code Section 63G-2-101 et seq. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40806.htm HEALTH DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 40846 (Amendment): R388-805. Ryan White Program. SUMMARY OF THE RULE OR CHANGE: The changes remove the eligibility requirement of a $5,000 asset limit, update the program name, and remove eligibility requirements that are outdated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the Program. This is a federally-funded program that provides services to people living with HIV/AIDS. The majority of the population served (60%) has no assets. Removing the asset test is not anticipated to increase Program utilization but rather reduce barriers to accessing care and determining eligibility. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government because the program governed by this rule neither requires action from nor provides benefits to local governments. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the program governed by this rule neither requires action from nor provides benefits to small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule change will affect individuals that are over the $5,000 asset limit but under the 250% Federal Poverty Level. They will now be eligible for the Program if they exceed $5,000 in assets. It is anticipated that there will be no significant impact to the budget as the majority of individuals below the 250% Federal Poverty Level do not have assets exceeding $5,000. In the last 12 months, only 1 client had assets exceeding $5,000. The costs can range from $1,200 to $13,000 per person per year. The range depends upon whether or not a client is responsible for full pay or partial pay for their services. However, there are various variables that do not allow us to accurately assess the cost. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as the Program incurs all costs associated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment removes the $5,000 asset limit for eligibility, clarifies other eligibility requirements, and updates information to align with program practice. There will be no impact on business because the amendment addresses eligibility requirements and program practices. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Amelia Self by phone at 801-538-6221, by FAX at 801-538-9913, or by Internet E-mail at aself@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40846.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40845 (Amendment): R414-60. Medicaid Policy for Pharmacy Program. SUMMARY OF THE RULE OR CHANGE: This amendment implements pharmacy policy through new definitions, updates eligibility requirements, clarifies coverage and limitations for prescription drugs, specifies co-payment policy, spells out Medicaid policy for drug reimbursement, and implements policy to cover over-the-counter drugs and drug compounds. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment only implements by rule ongoing pharmacy policy. It neither affects current services to Medicaid clients nor reimbursement to Medicaid providers. - LOCAL GOVERNMENTS: There is no impact to local governments because this amendment only implements by rule ongoing pharmacy policy. It neither affects current services to Medicaid clients nor reimbursement to Medicaid providers. - SMALL BUSINESSES: There is no impact to small businesses because this amendment only implements by rule ongoing pharmacy policy. It neither affects current services to Medicaid clients nor reimbursement to Medicaid providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no other budget impact because this amendment only implements by rule ongoing pharmacy policy. It neither affects current services to Medicaid clients nor reimbursement to Medicaid providers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid client or to a Medicaid provider because this amendment only implements by rule ongoing pharmacy policy. It neither affects current services nor reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the amendment implements by rule the existing Medicaid pharmacy policy. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40845.htm No. 40809 (Amendment): R414-508. Requirements for Transfer of Bed Licenses. SUMMARY OF THE RULE OR CHANGE: This amendment outlines requirements for a Medicaid nursing care facility program to transfer a bed license or Medicaid certification to another entity. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated fiscal impact to the state budget because this amendment only clarifies requirements for the transfer of bed licenses. - LOCAL GOVERNMENTS: There is no anticipated fiscal impact to local governments because this amendment only clarifies requirements for the transfer of bed licenses. - SMALL BUSINESSES: There is no anticipated fiscal impact to small businesses because this amendment only clarifies requirements for the transfer of bed licenses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated fiscal impact to Medicaid providers and to Medicaid clients because this amendment only clarifies requirements for the transfer of bed licenses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Facilities that wish to transfer beds and those receiving beds are required to file written information with the Department to assure that the statute is complied with and persons with an interest in the current facility have consented to the transfer. It is expected that the cost of these filings for each facility will be minimal. Only facilities that choose to transfer beds will be required to report. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because it clarifies existing requirements and affects only facilities that choose to transfer beds. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40809.htm CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 40850 (Amendment): R428-1. Health Data Plan and Incorporated Documents. SUMMARY OF THE RULE OR CHANGE: This change updates the Data Submission Guide to the next version and indicates that CAHPS surveys should use the current version. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule iterates forward to the current versions of documents. The Utah Department of Health (UDOH) determines enactment of the amended version will not create any cost or savings impact to the state budget or UDOH's budget since the change will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: This filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule; nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--Small businesses are not impacted by this rule change, with all potentially impacted having more than 50 employees. As a result, the rule will have no affect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: UDOH anticipates that some carriers will need to make programming changes to implement the additional flexibility and clarifications. By agreement with the data suppliers, changes to the DSG are limited to once per calendar year, so they should anticipate these changes as part of their normal business process in preparation for next year. The burden of these changes is consistent with that understanding. Based on figures reported and current submission roster, UDOH estimates an industry cost of $57,500 (46 active carriers x $1,250) to comply with proposed APCD DSG 3.0. COMPLIANCE COSTS FOR AFFECTED PERSONS: Some data suppliers will need to program changes to their system in order to be consistent with the updated guidelines. According to our research, some suppliers may incur cost while others report $0 as an estimate for compliance. Overall, UDOH estimates a one-time compliance cost of $1,250 per carrier (approximately 16 man hours x DTS approved rate of $77 per hour) to comply with proposed APCD DSG 3.0. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment updates the rule to adopt the current changes in the DSG. There will be some fiscal impact to some business that may need to program system changes in order to comply with the updated guidelines. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Norman Thurston by phone at 801-538-7052, by FAX at 801-237-0787, or by Internet E-mail at nthurston@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40850.htm No. 40847 (Amendment): R428-12. Health Data Authority Survey of Enrollees in Health Plans. SUMMARY OF THE RULE OR CHANGE: This change updates the Data Submission Guide to the next version and indicates that CAHPS surveys should use the current version. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Utah Department of Health (UDOH) determines enactment of the amended version will not create any cost or savings impact to the state budget or UDOH's budget since the change will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: This filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule; nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--Small businesses are not impacted by this rule change with all potentially impacted having more than 50 employees. As a result, the rule will have no affect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change will allow more flexibility in complying with alternate timelines but does not add any new requirements on data suppliers. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are being made to align with existing business practice; therefore, no compliance costs are expected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment will allow flexibility for compliance with the rule for surveys conducted before July and which have time frames established in accordance with Section R428-12-5. There is no fiscal impact to business because there is not a change to existing rule requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Norman Thurston by phone at 801-538-7052, by FAX at 801-237-0787, or by Internet E-mail at nthurston@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40847.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 40822 (Amendment): R432-3-11. Annual Reporting Requirements. SUMMARY OF THE RULE OR CHANGE: Section R432-3-11 adds definitions and requirements to ensure that facilities comply with new annual financial reporting requirements according to amended Subsection 26-21-23(7). Subsection 26-21-23(7)(c)(i) requires the department to create rules to meet the statutory requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only affects nursing facilities, and there are no nursing facilities that are currently licensed under this condition. - LOCAL GOVERNMENTS: There is no impact to local governments because this change only affects nursing facilities, and there are no nursing facilities that are currently licensed under this condition. - SMALL BUSINESSES: There is no impact to small businesses because this change only affects nursing facilities, and there are no nursing facilities that are currently licensed under this condition. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Currently, there is no impact to businesses because there are no nursing facilities that have been licensed under this exception to the moratorium. There may be an impact to nursing facilities in the future that license under these conditions; however, the agency does not foresee this situation occurring in the near future. If a nursing facility did license under these conditions in the future and failed to meet the rule requirements, then the department would impose a civil money penalty in the amount of $50,000 in accordance with Subsection 26-21-23(7). COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to affected persons because there are not any nursing facilities currently licensed under this condition. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to current businesses that are licensed under the exception to the moratorium. This amendment will fiscally impact any business that applies for this license in the future in that failure to comply with the specific reporting requirements could result in a fine of $50,000. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40822.htm No. 40848 (Amendment): R432-100. General Hospital Standards. SUMMARY OF THE RULE OR CHANGE: The rule amendment is to add requirements to allow for a registered dietitian to write diet orders in a hospital setting as authorized by facility medical staff and in accordance with facility policy. This amendment also corrects many outdated references and corrects errors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment simply updates references and allows registered dietitians to write diet orders in a hospital setting. - LOCAL GOVERNMENTS: There is no impact to local governments because this amendment simply updates references and allows registered dietitians to write diet orders in a hospital setting. - SMALL BUSINESSES: There is no impact to small businesses because this amendment simply updates references and allows registered dietitians to write diet orders in a hospital setting. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to other persons because this amendment simply updates references and allows registered dietitians to write diet orders in a hospital setting. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons because this amendment simply updates references and allows registered dietitians to write diet orders in a hospital setting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no impact to business because there is no change to current practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40848.htm No. 40849 (Amendment): R432-150. Nursing Care Facility. SUMMARY OF THE RULE OR CHANGE: The rule amendment is to add requirements to allow for a Registered Dietitian to write diet orders in a Nursing Care setting in accordance with facility policy. This amendment also corrects many outdated references and deletes requirements already required in the Utah indoor clean air act. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment simply updates references and allows registered dietitians to write diet orders in a nursing care setting. - LOCAL GOVERNMENTS: There is no impact to local governments because this amendment simply updates references and allows registered dietitians to write diet orders in a nursing care setting. - SMALL BUSINESSES: There is no impact to small businesses because this amendment simply updates references and allows registered dietitians to write diet orders in a nursing care setting. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to other persons because this amendment simply updates references and allows registered dietitians to write diet orders in a nursing care setting. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons because this amendment simply updates references and allows registered dietitians to write diet orders in a nursing care setting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no impact to business because there is no change to current practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40849.htm No. 40821 (Amendment): R432-270. Assisted Living Facilities. SUMMARY OF THE RULE OR CHANGE: Sections R432-270-3, R432-270-10, and R432- 270-11 add definitions and requirements to ensure facilities comply with new admit and discharge requirements regarding residents who are requesting to utilize a monitoring device, according to amended Section 26-21-304. Section R432-270-8 adds requirements for infection control policy and procedures. Section R432-270-9 clarifies the resident rights section in regard to locked doors. Section R432-270-19 corrects conflicts in facility procedures for medication handling upon discharge. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because the changes only add guidelines and procedures to assisted living facilities' current policies. - LOCAL GOVERNMENTS: There is no impact to local governments because the changes only add guidelines and procedures to assisted living facilities' current policies. - SMALL BUSINESSES: There is no impact to small businesses because the changes only add guidelines and procedures to assisted living facilities' current policies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to other persons because the changes only add guidelines and procedures to assisted living facilities' current policies. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to affected persons because the changes only add guidelines and procedures to assisted living facilities' current policies. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because there will be no change to current practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40821.htm LABOR COMMISSION ADJUDICATION No. 40803 (Amendment): R602-2-4. Attorney Fees. SUMMARY OF THE RULE OR CHANGE: This rule change strikes the provisions regulating the payment of attorney fees in workers' compensation cases. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There should be no cost or savings to the state budget as attorney fees are paid out of injured workers' benefits. - LOCAL GOVERNMENTS: There should be no cost or savings to the local government as attorney fees are paid out of injured workers' benefits. - SMALL BUSINESSES: There should be no cost or savings to the small businesses as attorney fees are paid out of injured workers' benefits. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There may be an increased cost to injured workers. Attorney fees are paid out of injured workers' benefits. Given that the Supreme Court found the Commission's regulation of attorney fees to be unconstitutional, injured workers may pay more of their award in attorney fees. The exact cost to injured workers is unknown as each injured worker will pay the injured worker's attorney pursuant to the individual fee agreement between the injured worker and the attorney. The cost will vary in each case. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should be no compliance costs for affected persons as attorney fees are paid out of injured workers' benefits. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Utah Supreme Court issued its decision in Injured Workers Assoc. of Utah v. State of Utah, 2016 UT 21, on 05/18/2016. The Court found Utah Code Section 34A-1-309, the statutory provision that required the Utah Labor Commission to regulate attorney fees in workers' compensation cases, to be unconstitutional. The Court also found in Subsection R602-2-4(C)(3), the administrative rule that governs and regulates the payment of attorney fees, to be unconstitutional. The rule places the Commission in violation of the Court's decision and will likely confuse practitioners, injured workers, employers, and insurance carriers. Moreover, all of Section R602-2-4 should be removed, not merely Subsection R602-2-4(C)(3). The rule governs the payment of attorney fees and costs. The Commission's sole authority to regulate attorney fees was contained in Section 34A-1-309. Inasmuch as the statute has been found to be unconstitutional, the Commission lacks the authority to enforce the remaining provisions of the rule. Also, the Commission lacks the authority to regulate or enforce the payment of costs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Heather Gunnarson by phone at 801-536-7928, by FAX at 801-530-6333, or by Internet E-mail at hgunnarson@utah.gov - Jaceson Maughan by phone at 801-530-6036, by FAX at 801-530-6390, or by Internet E-mail at jacesonmaughan@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40803.htm INDUSTRIAL ACCIDENTS No. 40804 (Amendment): R612-200-2. Payment of Benefits, Interest and Attorney Fees. SUMMARY OF THE RULE OR CHANGE: This rule change strikes the provisions regulating the payment of attorney fees in workers' compensation cases. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There should be no cost or savings to the state budget because attorney fees are paid out of injured workers' benefits. - LOCAL GOVERNMENTS: There should be no cost or savings to local government because attorney fees are paid out of injured workers' benefits. - SMALL BUSINESSES: There should be no cost or savings to small businesses because attorney fees are paid out of injured workers' benefits. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There may be an increased cost to injured workers. Attorney fees are paid out of injured workers' benefits. Given that the Supreme Court found the Commission's regulation of attorney fees to be unconstitutional, injured workers may pay more of their award in attorney fees. The exact cost to injured workers is unknown as each injured worker will pay the injured worker's attorney pursuant to the individual fee agreement between the injured worker and the attorney. The cost will vary in each case. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should be no compliance costs for affected persons because attorney fees are paid out of injured workers' benefits. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Utah Supreme Court issued its decision in Injured Workers Assoc. of Utah v. State of Utah, 2016 UT 21, on 05/18/2016. The Court found Utah Code Section 34A-1-309, the statutory provision that required the Utah Labor Commission to regulate attorney fees in workers' compensation cases, to be unconstitutional. The Court also found Subsection R602-2-4(C)(3), the administrative rule subsection that governs and regulates the payment of attorney fees, to be unconstitutional. The Commission's sole authority to regulate attorney fees comes from Section 34A-1-309. As such, the provisions of the Utah Administrative Code that allow the Commission to regulate attorney fees, including the payment of attorney fees, need to be removed as they conflict with the Court's decision. Subsection R612-200-2(B) specifically references the statue and administrative rule the Court found to be unconstitutional. Subsection R612-200-2(B) requires the issuance of a separate check for attorney fees to an injured worker's attorney in an amount approved or ordered by the Commission. The rule also prohibits two-party checks issued jointly to an attorney and the injured worker. The Commission lacks the authority to require a separate check for an injured worker's attorney and to approve or order the amount of the check. The Commission also lacks the authority to prohibit checks issued jointly to an attorney and the injured worker. Relevant portions of Subsection R612-200-2(A)(3) also place the Commission in violation of the decision in that the rule requires payments to be made directly and solely to injured workers. This rule would likely interfere with agreements between injured workers and their attorneys regarding the payment of attorney fees. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jaceson Maughan by phone at 801-530-6036, by FAX at 801-530-6390, or by Internet E-mail at jacesonmaughan@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40804.htm No. 40818 (Amendment): R612-300-4. General Method for Computing Medical Fees. SUMMARY OF THE RULE OR CHANGE: The amendment incorporates by reference current versions of the RBRVS and adjusts the conversion factors related to the practice of anesthesiology from $53 to $57 per unit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed amendment will impose no additional administrative or enforcement costs on the Labor Commission, which is the state agency charged with administering and enforcing Utah's workers' compensation system. The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.1% as a result of adoption of the new conversion factor. The Commission presumes that this increase will be passed on to the state in increased workers' compensation insurance premiums. The exact costs cannot be determined since workers' compensation premiums are unknown. - LOCAL GOVERNMENTS: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.1% as a result of adoption of the new conversion factor. The Commission presumes that this increase will be passed on to local governments in increased workers' compensation insurance premiums. The exact cost cannot be determined since workers' compensation premiums are unknown. - SMALL BUSINESSES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.1% as a result of adoption of the new conversion factor. The Commission presumes that this increase will be passed on to all employers, including small businesses, in increased workers' compensation insurance premiums. The exact cost cannot be determined since workers' compensation premiums are unknown. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.1% as a result of adoption of the new conversion factor. The Commission presumes that this increase will be passed on to all employers, including small businesses, in increased workers' compensation insurance premiums. The exact cost cannot be determined since workers' compensation premiums are unknown. COMPLIANCE COSTS FOR AFFECTED PERSONS: Workers' compensation insurance carriers and those providing medical services to injured workers will be affected by the proposed amendment. Because the RBRVS and CPT systems are already used throughout the health care industry, insurance carriers and medical providers already receive and use updates to those systems. The Commission does not anticipate that the updates required by this rule amendment will result in any additional compliance costs for those entities. The exact cost cannot be determined since workers' compensation premiums are unknown. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The workers' compensation system uses the same relative value (RBRVS) and coding (CPT) systems that are generally used throughout the health industry. Periodically, the RBRVS and CPT systems are updated. It is therefore necessary for the Commission to also adopt those changes and adjust its conversion factors relating to certain medical specialties in order to: 1) avoid confusion, and 2) provide adequate payment for medical care provided to injured workers. This year, the modifications to the conversion factors will result in increased payments for some medical services. These increases will very likely be factored in to workers' compensation insurance premiums but may be offset by reductions in the RBRVS values. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40818.htm No. 40817 (Amendment): R612-300-8. Travel Allowance for Injured Workers. SUMMARY OF THE RULE OR CHANGE: The proposed rule amendment adds back into the rule the provision that injured workers are entitled to be reimbursed for "other" travel expenses (typically defined as mileage) regardless of distance traveled. This is identical to what the rule stated prior to 2013, but changed at that time to only reimburse other travel expenses when traveling outside of the injured workers’ community. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013. - LOCAL GOVERNMENTS: When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013. - SMALL BUSINESSES: When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule amendment adds back into the rule the provision that injured workers are entitled to be reimbursed for "other" travel expenses (typically defined as mileage) regardless of distance traveled. This is identical to what the rule stated prior to 2013 but changed at that time to only reimburse other travel expenses when traveling outside of the injured workers’ community. When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule amendment adds back into the rule the provision that injured workers are entitled to be reimbursed for "other" travel expenses (typically defined as mileage) regardless of distance traveled. This is identical to what the rule stated prior to 2013 but changed at that time to only reimburse other travel expenses when traveling outside of the injured workers' community. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40817.htm No. 40815 (Amendment): R612-400-5. Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund. SUMMARY OF THE RULE OR CHANGE: For 2017, the proposed amendment leaves the rate for the ERF at 3.0% and reduces the rate for the UEF from 0.35% to 0.25%. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a slight savings to the state budget since the rate for the UEF is being decreased for 2017. The savings will amount to 0.1% of workers' compensation premium assessment costs. The dollar amount cannot be determined since workers' compensation premium assessment costs are unknown. - LOCAL GOVERNMENTS: There will be a slight savings to local governments since the rate for the UEF is being decreased for 2017. The savings will amount to 0.1% of workers' compensation premium assessment costs. The dollar amount cannot be determined since workers' compensation premium assessment costs are unknown. - SMALL BUSINESSES: There will be a slight savings to small businesses since the rate for the UEF is being decreased for 2017. The savings will amount to 0.1% of workers' compensation premium assessment costs. The dollar amount cannot be determined since workers' compensation premium assessment costs are unknown. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be a slight savings to persons other than small businesses, businesses, or local government entities since the rate for the UEF is being decreased for 2017. The savings will amount to 0.1% of workers' compensation premium assessment costs. The dollar amount cannot be determined since workers' compensation premium assessment costs are unknown. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a slight decrease in compliance costs for affected persons because the rate for the UEF is being decreased. The savings will amount to 0.1% of workers' compensation premium assessment costs. The dollar amount cannot be determined since workers' compensation premium assessment costs are unknown. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be a slight decrease in the fiscal impact on businesses with the rate for the UEF being decreased for 2017. The savings will amount to 0.1% of workers' compensation premium assessment costs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40815.htm No. 40819 (Repeal): R612-500. Procedural Guidelines for the Reemployment Act. SUMMARY OF THE RULE OR CHANGE: The Reemployment Act was allowed to sunset in the 2013 interim session. In the ensuing several years, it was determined that any forms and reporting requirements were no longer necessary to maintain by rule as any necessary requirements were added to the Workers' Compensation Act. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings anticipated because the Reemployment Act, which this rule applies to, sunset in 2013. - LOCAL GOVERNMENTS: There is no cost or savings anticipated because the Reemployment Act, which this rule applies to, sunset in 2013. - SMALL BUSINESSES: There is no cost or savings anticipated because the Reemployment Act, which this rule applies to, sunset in 2013. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost or savings anticipated because the Reemployment Act, which this rule applies to, sunset in 2013. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons anticipated because the Reemployment Act, which this rule applies to, sunset in 2013. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses anticipated because the Reemployment Act, which this rule applies to, sunset in 2013. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40819.htm NATURAL RESOURCES ADMINISTRATION No. 40839 (New Rule): R634-2. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY OF THE RULE OR CHANGE: This rule for DNR is in accordance with Section 79-2-204, which requires an offer of qualified health insurance coverage by contractors to employees for certain construction or design contracts. Such contracts must be in the amount of $2,000,000 or more at the original execution of the contract or a subcontract in the amount of $1,000,000 or more at the original execution of the contract. Compliance is subject to an audit by DNR or the Legislative Auditor. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected to the state budget as a result of this rule. The statute directly determines the affects upon the budget and not this rule. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that are expected to the local government budget. This rule does not affect local government. - SMALL BUSINESSES: There are no anticipated costs or savings that are expected to small businesses as a result of this rule. The statute directly determines the affects upon the budget and not this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected as a result of this rule. The statute directly determines the affects upon the budget and not this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings that are expected for affected persons as a result of this rule. The statute directly determines the affects upon the budget and not this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that are expected as a result of this rule. The statute directly determines the fiscal impact upon the budget and not this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kaelyn Anfinsen by phone at 801-538-7201, by FAX at 801-538-7315, or by Internet E-mail at kaelynanfinsen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40839.htm WILDLIFE RESOURCES No. 40832 (Amendment): R657-41. Conservation and Sportsman Permits. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule add clarity for the statewide conservation and sportsman permit holders concerning closed areas for the Rocky Mountain bighorn sheep hunts. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment adds clarity to regulations already in place. The DWR determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since the amendment only adds clarity and consistency to a program that is already established, this filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment simply creates more consistency and clarity to an already-established program; therefore, the amendments do not have the potential to generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment simply creates more consistency and clarity to an already-established program; therefore, the amendments do not have the potential to generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that these amendments will not create additional costs for residents and nonresidents wishing to hunt in Utah. This amendment simply creates more consistency and clarity to an already-established program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not create 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 11/14/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40832.htm PUBLIC SAFETY ADMINISTRATION No. 40834 (Amendment): R698-5. Hazardous Chemical Emergency Response Commission. SUMMARY OF THE RULE OR CHANGE: The proposed amendment will streamline the information that is required of each LEPC. The amendment would allow all LEPC information to be collected and submitted to DEM rather than DEQ, Department of Public Safety (DPS), and DEM. In addition, Tier II reports are required to be submitted through an online portal, which eliminates the need for DEQ to have a list of all 20 members of a LEPC. These changes will not affect the state of Utah's compliance with Emergency Planning and Community Right-to-Know Act (EPCRA), as well as Title 3 of the Superfund Amendments and Reauthorization Act (SARA). A definition is added to define Tier II chemical inventory report. The information previously numbered as Subsections R698-5- 3(3.10) through (3-12-1) has been removed from the rule because it is located in Subsection 53-2a-702(1)(b). The section previously numbered as Subsection R968-5-4(4.4) has been renumbered to Subsection R698-5-5(3) because it was out of place in the original rule. The information was previously inserted between two sections that address dissolution of an LEPC. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The purpose of the State Emergency Response Commission (SERC) and LEPCs are to meet the unfunded mandates of EPCRA and SARA, Title 3. There is no budget, federal or state, allocated to carry out these federal mandates. Therefore, there would be no aggregate anticipated cost or savings to the state budget nor would there be any increased costs. - LOCAL GOVERNMENTS: LEPCs are comprised of local governments and private sector volunteers to coordinate emergency response plans and compliance with EPCRA and SARA, Title 3. However, there is no budget attached to these committees, but the changes in the rule would save time and effort on the local government party by reducing the amount of information they have to provide to the SERC. - SMALL BUSINESSES: As the private sector comprises part of the LEPCs, this would reduce the burden placed upon small businesses through a streamlined reporting process. This could create a slight savings through reduced work time spent on reporting; however, the exact amount cannot be determined as the savings will vary from business to business and are likely to be nonsubstantial, if any. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment would not affect the general public nor would the changes increase the costs of tax payer dollars. The amendment would streamline the reporting process, which would facilitate quicker response times for a HazMat spill or chemical release. COMPLIANCE COSTS FOR AFFECTED PERSONS: There would be no compliance costs associated with implementation and compliance of this amendment. Either to state or local government or the private sector and the general public at large. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the rule and find that the proposed changes will not have a negative fiscal impact on businesses. It is anticipated that the changes will result in an improvement in the reporting process, which could potentially result in a cost savings to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Tara Behunin by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at tarabehunin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40834.htm TRANSPORTATION ADMINISTRATION No. 40812 (Amendment): R907-62. Americans with Disabilities Act. SUMMARY OF THE RULE OR CHANGE: This proposed amendment is a total rewrite and modernization of the rule. It creates new procedures for appointing an ADA coordinator and designee, and for investigating complaints that allege violations of the ADA by employees or agents of the Department. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate the proposed amendment will lead to any costs or savings to the state's budget because it does not address fiscal matters. The proposed amendment is to assure compliance with federal ADA law. - LOCAL GOVERNMENTS: The Department does not anticipate the proposed amendment will lead to any costs or savings to the budgets of local governments because it does not address fiscal matters. The proposed amendment is to assure compliance with federal ADA law. - SMALL BUSINESSES: The Department does not anticipate the proposed amendment will lead to any costs or savings to the budgets of small businesses because it does not address fiscal matters. The proposed amendment is to assure compliance with federal ADA law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate the proposed amendment will lead to any costs or savings to the budgets of persons other than small businesses, businesses, or local government entities because it does not address fiscal matters. The proposed amendment is to assure compliance with federal ADA law. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The proposed amendment only addresses procedures of the department for implementing the Americans with Disabilities Act. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed amendment 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 11/14/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40812.htm MOTOR CARRIER No. 40811 (Amendment): R909-1. Safety Regulations for Motor Carriers. SUMMARY OF THE RULE OR CHANGE: This proposed amendment deletes Sections R909-1-5, R909-1-6, and R909-1-7. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this proposed amendment will lead to any costs or savings to the state's budget because it does not add or eliminate any fiscal requirements for any person or entity. - LOCAL GOVERNMENTS: The Department does not anticipate that this proposed amendment will lead to any costs or savings to the budgets of local governments because it does not add or eliminate any fiscal requirements for any person or entity. - SMALL BUSINESSES: The Department does not anticipate that this proposed amendment will lead to any costs or savings to the budgets of small businesses because it does not add or eliminate any fiscal requirements for any person or entity. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this proposed amendment will lead to any costs or savings to the budgets of persons other than small businesses, businesses, or local government entities because it does not add or eliminate any fiscal requirements for any person or entity. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate that this proposed amendment will lead to any additional compliance costs for affected persons because it does not add or eliminate any fiscal requirements for any person or entity. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed amendment will not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40811.htm No. 40810 (New Rule): R909-4. Motor Carrier, Enforcement, Penalties. SUMMARY OF THE RULE OR CHANGE: Rule R909-4 governs the procedure the Department will follow when commencing agency action to enforce state and federal regulations pertaining to motor carrier safety, size, and weight restrictions, and to assess penalties against persons who violate these regulations. The rule also includes a procedure to appeal such agency action, and it authorizes the Department to prohibit motor carriers from operating on Utah highways until they have satisfied all penalties assessed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department anticipates this new rule will add revenue to the state budget, and it has the potential to decrease costs to the state budget. With this rule in place, the Department will assess civil penalties against motor carriers who violate safety regulations. These civil penalties will be revenue into the state budget. These civil penalties may also serve as a deterrent to future safety violations by motor carriers. Moreover, the new rule provides the Department with a procedure to keep unsafe motor carriers off Utah highways. The additional safety benefits may decrease motor carrier-involved accidents, which may lead ultimately to savings for the state. Quantifying the additional revenue or cost savings this new rule may bring to the state budget is not possible at present because these amounts are based upon variables that may or may not arise in the future. - LOCAL GOVERNMENTS: The Department does not anticipate this rule will lead to any cost or savings to the budgets of local governments because it addresses how the state will enforce state and federal motor carrier safety law. Any revenue generated will flow into the state budget; any costs savings that occur will be manifest to the state budget. Any costs or benefits that may flow to local governments because of this new rule are too speculative to address. - SMALL BUSINESSES: The Department does not anticipate this rule will lead to any cost or savings to the budgets of small businesses because it addresses how the state will enforce state and federal motor carrier safety law. Small businesses that are motor carriers will not suffer any additional costs if they do not violate this new rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate this rule will lead to any cost or savings to the budgets of persons other than small businesses, businesses, or local government entities because it addresses how the state will enforce state and federal motor carrier safety law. The general public should not experience any fiscal impact if this new rule is adopted. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be compliance costs for those motor carriers that are found to have violated state or federal regulations pertaining to motor carrier safety and size and weight restrictions. Affected persons that are found to have committed more serious violations will face higher compliance costs. These compliance costs cannot be quantified until affected persons have been given due process and their penalties are assessed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule will not have a fiscal impact on businesses generally. The only businesses that will experience a fiscal impact caused by this new rule will be motor carriers that are found to have violated state and federal regulations pertaining to motor carrier safety and size and weight restrictions. The size of the fiscal impact those motor carrier businesses will experience will depend upon the violation and other relevant factors. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40810.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. NAVAJO TRUST FUND TRUSTEES No. 40829 (Emergency Rule): R661-3. Utah Navajo Trust Fund Residency Policy. SUMMARY OF THE RULE OR CHANGE: The change revises the procedure to determine residency by individual documentation and approval instead of the current rule requirements of using a Chapter residency committee to determine residency and to determine progenitors. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Eligible Utah Navajo students are requesting funding as soon as possible, and UNTF is seeking to award these students with college financial assistance and scholarships, but the current requirements call for Utah Navajo Chapters to set up Residency Committees to approve residency and to identify progenitors under the new rule that is in effect as of 09/01/2016, but the Chapters have not set up committees. UNTF is proposing to revise the new rule so that it eliminates the use of outside committees and places the primary responsibility of verifying residency on UNTF, a state agency, so that each applicant's request can be reviewed and approved on an individual basis in much the same way as before under previous UNTF and UNRHF administration. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule would not cause a cost nor savings to the state budget because UNTF funding source is from oil royalties, and UNTF does not receive an appropriation of general funds from the state. - LOCAL GOVERNMENTS: This rule would not cause a change to the local government because the requirements on the local Navajo governments would be the same. - SMALL BUSINESSES: This rule would not cause a change to small businesses because UNTF does not interface with small businesses in order to administer this program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons will be positively affected. Eligible Utah Navajo students will be awarded college financial assistance and scholarships, and the colleges and universities where these students will be attending will be able to receive these funds. The impact of how much students and economic enterprises associated with college financial assistance and scholarship funds being awarded to college students cannot be estimated because there are various unknown factors such as how many students will be awarded, how much they will be awarded, and how these funds will be used but UNTF averages about $580,000 of college financial assistance per year. COMPLIANCE COSTS FOR AFFECTED PERSONS: The affected persons will not incur any change in costs but will enjoy the benefit of receiving these monies for higher education purposes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be a positive effect on businesses in the form of the college receiving monies for tuition and fees, as well as bookstores; student supply stores; stores selling electronics such as iPads, laptops, etc.; stores; grocery stores; apartments or college housing; eating establishments; stores that sell gasoline, etc. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tony Dayish by phone at 435-678-1468, by FAX at 435-678-1464, or by Internet E-mail at tdayish@utah.gov EFFECTIVE: 09/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40829.htm No. 40830 (Emergency Rule): R661-6. Utah Navajo Trust Fund Higher Education Financial Assistance and Scholarship Program. SUMMARY OF THE RULE OR CHANGE: This change revises the procedure to be consistent with revisions proposed to Rule R661-3 to determine residency by individual documentation and approval instead of the current rule requirements of using a Chapter residency committee to determine residency and to determine progenitors. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Eligible Utah Navajo students are requesting funding as soon as possible, and UNTF is seeking to award these students with college financial assistance and scholarships, but the current requirements call for Utah Navajo Chapters to set up Residency Committees to approve residency and to identify progenitors under the new rule that is in effect as of 09/01/2016, but the Chapters have not set up committees. UNTF is proposing to revise the new rule so that it eliminates the use of outside committees and places the primary responsibility of verifying residency on UNTF, a state agency, so that each applicant's request can be reviewed and approved on an individual basis in much the same way as before under previous UNTF and UNRHF administration. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule would not cause a cost nor savings to the state budget because UNTF funding source is from oil royalties, and UNTF does not receive an appropriation of general funds from the state. - LOCAL GOVERNMENTS: This rule would not cause a change to the local government because the requirements on the local Navajo governments would be the same. - SMALL BUSINESSES: This rule would not cause a change to small businesses because UNTF does not interface with small businesses in order to administer this program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons will be positively affected. Eligible Utah Navajo students will be awarded college financial assistance and scholarships, and the colleges and universities where these students will be attending will be able to receive these funds. The impact of how much students and economic enterprises associated with college financial assistance and scholarship funds being awarded to college students cannot be estimated because there are various unknown factors such as how many students will be awarded, how much they will be awarded, and how these funds will be used but UNTF averages about $580,000 of college financial assistance per year. COMPLIANCE COSTS FOR AFFECTED PERSONS: The affected persons will not incur any change in costs but will enjoy the benefit of receiving these monies for higher education purposes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be a positive effect on businesses in the form of the college receiving monies for tuition and fees, as well as bookstores; student supply stores; stores selling electronics such as iPads, laptops, etc.; stores; grocery stores; apartments or college housing; eating establishments; stores that sell gasoline, etc. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tony Dayish by phone at 435-678-1468, by FAX at 435-678-1464, or by Internet E-mail at tdayish@utah.gov EFFECTIVE: 09/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40830.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. ADMINISTRATIVE SERVICES FINANCE No. 40805 (5-year Review): R25-2. Finance Adjudicative Proceedings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Reidhead by phone at 801-538-1678, by FAX at 801-538-3244, or by Internet E-mail at jreidhead@utah.gov EFFECTIVE: 09/20/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40805.htm FLEET OPERATIONS No. 40824 (5-year Review): R27-4. Vehicle Replacement and Expansion of State Fleet. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov EFFECTIVE: 09/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40824.htm No. 40823 (5-year Review): R27-5. Fleet Tracking. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov EFFECTIVE: 09/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40823.htm No. 40825 (5-year Review): R27-6. Fuel Dispensing Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov EFFECTIVE: 09/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40825.htm No. 40826 (5-year Review): R27-8. State Vehicle Maintenance Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov EFFECTIVE: 09/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40826.htm No. 40827 (5-year Review): R27-9. Dispensing Compressed Natural Gas to the Public. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov EFFECTIVE: 09/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40827.htm No. 40828 (5-year Review): R27-10. Identification Mark for State Motor Vehicles. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov EFFECTIVE: 09/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40828.htm ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 40838 (5-year Review): R81-4F. Reception Center Licenses. 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 ensure that reception center licensees are regulated in the same way as the holders of other license types. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov EFFECTIVE: 09/28/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40838.htm No. 40835 (5-year Review): R81-10C. Beer-Only Restaurant Licenses. 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 contains subsections that make the beer only restaurant rules consistent with full service and limited service restaurants. These subsections clarify the sale of beer with food requirement; establish procedures for regulating beer only restaurants that do not meet the 70% food sales requirement; clarify the use of alcoholic products as flavoring; clarify that beer may be opened and poured at a patron's table, counter or grandfathered bar; clarify where a patron's table can be located and that consumption must be at a reasonable proximity to the table to ensure that a written beverage tab can be maintained; and defines "remodeling" of a grandfathered bar. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov EFFECTIVE: 09/28/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40835.htm No. 40836 (5-year Review): R81-10D. Tavern Beer Licenses. 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 ensure that taverns are regulated in a similar manner as holders of other licenses. It also clarifies the electronic age verification procedures that taverns must abide by, pursuant to Section 32B- 1-407. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov EFFECTIVE: 09/28/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40836.htm ATTORNEY GENERAL ADMINISTRATION No. 40841 (5-year Review): R105-2. Records Access and Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Legislative direction still exists, specifically under Subsection 63G-2- 204(2)(d). Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov EFFECTIVE: 09/28/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40841.htm CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 40807 (5-year Review): R131-10. Commercial Solicitations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov EFFECTIVE: 09/20/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40807.htm No. 40808 (5-year Review): R131-11. Preservation of Free Speech Activities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The legislative direction for the rule still exists. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov EFFECTIVE: 09/20/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40808.htm HEALTH DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 40844 (5-year Review): R388-804. Special Measures for the Control of Tuberculosis. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R388-804 should be continued in order to enable the Department of Health to continue to promote and protect the public's health as described above, and as required by state statute. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amelia Self by phone at 801-538-6221, by FAX at 801-538-9913, or by Internet E-mail at aself@utah.gov EFFECTIVE: 09/30/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40844.htm No. 40843 (5-year Review): R388-805. Ryan White Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Ryan White Program must be continued in order to enable the Department of Health to accept and administer Part B Program funds to improve the public's health as described above. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amelia Self by phone at 801-538-6221, by FAX at 801-538-9913, or by Internet E-mail at aself@utah.gov EFFECTIVE: 09/30/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40843.htm PUBLIC SAFETY FIRE MARSHAL No. 40837 (5-year Review): R710-11. Fire Alarm System Inspecting and Testing. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Fire alarm systems and the maintenance and inspection of fire alarm systems are integral to ensuring life safety. The rule outlines the requirements to obtain a certificate of registration for the purposes of inspecting and testing fire alarm systems, standards and procedural requirements for the purposes of servicing fire alarm systems, and adjudicative proceedings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 09/28/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161015/40837.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. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 40584 (AMD): R58-18.Elk Farming Published: 07/15/2016 Effective: 09/19/2016 No. 40585 (AMD): R58-20.Domesticated Elk Hunting Parks Published: 08/01/2016 Effective: 09/19/2016 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40622 (AMD): R156-15A-231.Administration of Building Code Training Fund and Factory Built Housing Fees Account Published: 08/15/2016 Effective: 09/26/2016 NAVAJO TRUST FUND TRUSTEES No. 40608 (NEW): R661-13.Veterans' Housing Program Policy Published: 08/01/2016 Effective: 09/21/2016 No. 40609 (NEW): R661-14.Heavy Equipment Purchase and Repair Program Published: 08/01/2016 Effective: 09/21/2016 No. 40610 (NEW): R661-15.Indemnification Published: 08/01/2016 Effective: 09/21/2016 No. 40611 (NEW): R661-16.Health Care Systems Improvement Program Published: 08/01/2016 Effective: 09/21/2016 No. 40612 (NEW): R661-17.Office Equipment Purchase Program Published: 08/01/2016 Effective: 09/21/2016 No. 40613 (NEW): R661-18.Outstanding Senior Award Program Published: 08/01/2016 Effective: 09/21/2016 No. 40614 (NEW): R661-19.Student Educational Enrichment Program Published: 08/01/2016 Effective: 09/21/2016 No. 40615 (NEW): R661-20.Photovoltaic (Solar) Systems Program Published: 08/01/2016 Effective: 09/21/2016 PUBLIC SAFETY HIGHWAY PATROL No. 40552 (R&R): R714-158.Vehicle Safety Inspection Program Requirements Published: 07/15/2016 Effective: 09/27/2016 No. 40631 (R&R): R714-160.Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections Published: 08/15/2016 Effective: 09/27/2016 No. 40543 (R&R): R714-161.Equipment Standards for Motorcycle and ATV Safety Inspections Published: 07/15/2016 Effective: 09/27/2016 No. 40542 (NEW): R714-163.Street-Legal All-Terrain Vehicles Published: 07/15/2016 Effective: 09/27/2016 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 . <> ----------------------------