---------------------------- Utah State Digest, Vol. 2016, No. 23 (December 1, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed November 2, 2016, 12:00 AM through November 15, 2016, 11:59 PM Volume 2016, No. 23 December 1, 2016 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at http://www.rules.utah.gov/publicat/bulletin.htm. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at http://www.rules.utah.gov/. The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for Amendment to Cover Dental Services for Adults with Disabilities or with Blindness - 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/2016/20161201/sn158171.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 Fourth Special Session, Utah Proclamation No. 2016-4S - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2016/ExecDoc158151.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 November 2, 2016, 12:00 a.m., and November 15, 2016, 11:59 p.m. are summarized in this, the December 1, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the December 1, 2016, issue of the Utah State Bulletin until at least January 3, 2017 (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 March 31, 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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 40947 (Amendment): R23-3. Planning, Programming, Request for Capital Development Projects and Operation and Maintenance Reporting. SUMMARY OF THE RULE OR CHANGE: The changes include references to the governing sections of the Utah Code, changed or clarified definitions, updated deadlines for reporting and filing requests, and additional detailed requirements related to the operation and maintenance of state-owned facilities. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Exact cost or savings to the state budget is unknown. The expanded requirements include inspections by properly certified persons, computer-based tracking systems, and detailed programs, which may have an effect on the state budget as they are implemented. There is potential for additional costs depending on the whether the implementing agencies have some or all of the systems in place. The cost will vary with each agency. - LOCAL GOVERNMENTS: There are no anticipated costs to local governments. This rule applies to state-owned facilities and, therefore, the scope of its effects are limited to such facilities and the maintenance thereof. - SMALL BUSINESSES: There are no anticipated costs to small businesses. This rule applies to state-owned facilities and, therefore, the scope of its effects are limited to such facilities and the maintenance thereof. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs to persons other than small businesses, businesses, or local government entities. This rule applies to state-owned facilities and, therefore, the scope of its effects are limited to such facilities and the maintenance thereof. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance costs for affected persons is unknown. The expanded requirements include inspections by properly certified persons, computer-based tracking systems, and detailed programs, which may have an effect on the state budget as they are implemented. There is potential for additional costs depending on the whether the implementing agencies have some or all of the systems in place. The cost will vary with each agency. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts as a result of the changes to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 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 - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40947.htm No. 40946 (Amendment): R23-30. State Facility Energy Efficiency Fund. SUMMARY OF THE RULE OR CHANGE: The words "savings and" as well as "using objective and verifiable post-construction measures if available" were added to Subsection R23-30-6(h). Additionally, Section R23-30-8 was updated to reflect the changes required by S.B. 13 (2016). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected to the state budget. The changes to this rule only address that objective and verifiable post-construction measurements are to be used, if available, when describing what energy savings and cost savings will be measured. These changes were made as a requirement of S.B. 13 (2016). - LOCAL GOVERNMENTS: There are no anticipated costs or savings that are expected to local government. The changes to this rule only address that objective and verifiable post-construction measurements are to be used, if available, when describing what energy savings and cost savings will be measured. These changes were made as a requirement of S.B. 13 (2016). - SMALL BUSINESSES: There are no anticipated costs or savings that are expected to small businesses. The changes to this rule only address that objective and verifiable post-construction measurements are to be used, if available, when describing what energy savings and cost savings will be measured. These changes were made as a requirement of S.B. 13 (2016). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected to persons other than small businesses, businesses, or local government entities. The changes to this rule only address that objective and verifiable post-construction measurements are to be used, if available, when describing what energy savings and cost savings will be measured. These changes were made as a requirement of S.B. 13 (2016). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to this rule only address that objective and verifiable post-construction measurements are to be used, if available, when describing what energy savings and cost savings will be measured. These changes were made as a requirement of S.B. 13 (2016). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. The changes to this rule only address that objective and verifiable post-construction measurements are to be used, if available, when describing what energy savings and cost savings will be measured. These changes were made as a requirement of S.B. 13 (2016). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 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 - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40946.htm AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 40951 (Amendment): R58-11. Slaughter of Livestock and Poultry. SUMMARY OF THE RULE OR CHANGE: The rule changes define to whom and how poultry producers may sell their product. Further, the rule adds procedures that must be followed by those growers/producers who slaughter their own birds. It outlines the licensure and sanitation requirements necessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no effect on the state budget. The department already has the necessary people in place to take care of the necessary enforcement. - LOCAL GOVERNMENTS: There are no requirements made on local government in the changes to the rule. - SMALL BUSINESSES: The changes are to only clarify definitions that have already been in use in the industry. Industry should already be meeting these standards. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The individual producers should already be following these sanitary standards. The changes are only to clarify definitions that have already been used in this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no additional compliance costs for individuals because they should already be meeting standards. The purpose of the rule change is to bring great clarity and understanding to those operating a slaughter facility to avoid confusion and to have uniform enforcement of the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no additional compliance cost as business and individuals should already be complying; however, the changes will lead to clarity in the requirements and more uniformity in enforcement. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40951.htm ATTORNEY GENERAL ADMINISTRATION No. 40950 (Amendment): R105-1. Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services. SUMMARY OF THE RULE OR CHANGE: This rule explains the requirements for procurement managed by the Attorney General in connection with litigation support services such as outside counsel, expert witnesses, and other goods, services, software, or technology. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings as a result of the changes to this rule because the changes are technical in nature and simply clarify already existing requirements. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule because the changes are technical in nature and simply clarify already existing requirements. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule because the changes are technical in nature and simply clarify already existing requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings persons other than small businesses, businesses, or local government entities as a result of the changes to this rule because the changes are technical in nature and simply clarify already existing requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule because the changes are technical in nature and simply clarify already existing requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts to businesses as a result of the changes to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 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 - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40950.htm COMMERCE REAL ESTATE No. 40952 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: In Subsection R162-2f-102(2), the definition of advertising is amended. In Section R162-2f-401h, the requirements and restrictions in advertising is amended. In Section R162-2f-501, the calculation of experience points for a real estate sales transaction by limiting the number of experience points for a transaction not subject to an exclusive brokerage agreement to one-quarter of the points available for a transaction that is subject to an exclusive brokerage agreement is amended. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The division has the staff and budget in place to administer this proposed amendment. It is not expected that the proposed amendment will affect those resources or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the advertising and broker experience rules. No fiscal impact to local government is expected from the proposed amendment. - SMALL BUSINESSES: The proposed amendment does not create new obligations for small businesses nor does it increase the cost associated with any existing obligation. No fiscal impact to small business is expected from the proposed amendment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities nor does it increase the cost associated with any existing obligation. No fiscal impact to persons other than small businesses, businesses, or local government entities is expected from the proposed amendment. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule amendment would amend the current advertising rule and limit experience points for licensees participating in real estate sales transactions which are not subject to an exclusive brokerage agreement. While it is possible that there could be a compliance cost for affected persons, it is not possible to determine the amount of compliance cost, if any, from the proposed amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment to Sections R162-2f-102 and R162-2f-401h is to amend the restrictions for advertising by a licensee. No fiscal impact to business is anticipated. The amendment to Section R162-2f-501 changes the experience points available to a licensee participating in certain real estate transactions, reducing the number of points for transactions by agents who are merely listing properties on the MLS for a minimum fee but do not have an exclusive brokerage agreement for the property. No fiscal impact to business is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40952.htm EDUCATION ADMINISTRATION No. 41004 (New Rule): R277-499. Seal of Biliteracy. SUMMARY OF THE RULE OR CHANGE: This new rule provides terms and procedures for a local education agency (LEA) to award the Seal of Biliteracy to a student who has achieved proficiency in English and intermediate-mid level or higher in one or more other world language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-499 provides procedures for a student to earn and an LEA to award the Seal of Biliteracy to a student, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-499 provides procedures for a student to earn and an LEA to award the Seal of Biliteracy to a student, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new Rule R277-499 provides procedures for a student to earn and an LEA to award the Seal of Biliteracy to a student, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-499 provides procedures for a student to earn and an LEA to award the Seal of Biliteracy to a student, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-499 provides procedures for a student to earn and an LEA to award the Seal of Biliteracy to a student, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41004.htm No. 41005 (Amendment): R277-503. Licensing Routes. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-503 provide technical and conforming changes and changes to definitions and terminology. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-503 provide technical and conforming changes and changes to definitions and terminology, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-503 provide technical and conforming changes and changes to definitions and terminology, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-503 provide technical and conforming changes and changes to definitions and terminology, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-503 provide technical and conforming changes and changes to definitions and terminology, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-503 provide technical and conforming changes and changes to definitions and terminology, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41005.htm No. 41006 (Amendment): R277-507. Driver Education Endorsement. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-507 provide updated definitions, updated endorsement and training requirements, and technical and conforming changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41006.htm No. 41007 (Amendment): R277-512. Online Licensure. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-512 provide updated definitions, provide for a publicly accessible online licensing database, and provide technical and conforming changes throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule. The database is developed by existing staff within existing budgets, so there will likely be no cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The database will provide a more streamlined process for the general public to obtain public information on Utah licensed educators. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41007.htm No. 41008 (New Rule): R277-517. LEA Codes of Conduct. SUMMARY OF THE RULE OR CHANGE: This new Rule R277-517 provides definitions, a requirement for LEAs to adopt a code of conduct for its staff, and a list of items that need to be included in the LEA's code of conduct. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-517 provides for LEAs to adopt a code of conduct, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-517 provides for LEAs to adopt a code of conduct, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new Rule R277-517 provides for LEAs to adopt a code of conduct, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-517 provides for LEAs to adopt a code of conduct, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-517 provides for LEAs to adopt a code of conduct, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41008.htm No. 41009 (Amendment): R277-531. Public Educator Evaluation Requirements (PEER). SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-531 eliminate provisions not required by Utah law and include a requirement that a school district implement an employee compensation system that is aligned with the school district's wage or salary schedule and is consistent with the provisions of Section 53A-8a-601. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-531 provide requirements for school districts, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-531 provide requirements for school districts to implement an employee compensation system that is aligned with the school district's wage or salary schedule. It is anticipated that the compensation system will be implemented by existing staff and within existing budgets, so there will likely be no cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-531 provide requirements for school districts, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-531 provide requirements for school districts to implement an employee compensation system that is aligned with the school district's wage or salary schedule. Employees may have a clearer expectation of compensation based on the system, but will likely see no cost or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-531 provide requirements for school districts, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41009.htm No. 41010 (Amendment): R277-533. District Educator Evaluation Systems. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-533 provide updated definitions and provisions and eliminate provisions not required by Utah law. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-533 provide updated definitions and provisions and eliminate provisions not required by Utah law, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-533 provide updated definitions and provisions and eliminate provisions not required by Utah law, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-533 provide updated definitions and provisions and eliminate provisions not required by Utah law, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-533 provide updated definitions and provisions and eliminate provisions not required by Utah law, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-533 provide updated definitions and provisions and eliminate provisions not required by Utah law, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41010.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 40995 (Amendment): R317-1. Definitions and General Requirements. SUMMARY OF THE RULE OR CHANGE: The changes are: 1) the inclusion of new definitions in Section R317-1-1, including several terms that were defined or used in Section 19-5-105.3; 2) a new Section R317-1-10 adds a provision for DWQ to initiate an Independent Scientific Review when the Director determines that an issue may have a significant financial impact on stakeholders or when an action may be precedent-setting or controversial; and 3) Section R317-1-10 also includes the process for conducting an Independent Peer Review under Section 19-5-105.3. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The legislature allocated funds to the DWQ to administer the new statute. The associated administrative rules do not change this allocation or its use by DWQ. - LOCAL GOVERNMENTS: The statutory changes to Section 19-5-105.3 would lead to local governmental entities incurring the costs of the peer review process when choosing to challenge proposals from DWQ. The associated rule change does not add any additional costs to local governments. - SMALL BUSINESSES: The statutory changes to Section 19-5-105.3 would lead to businesses or individuals incurring the costs of the peer review process when choosing to challenge proposals from DWQ. The associated rule change does not add any additional costs to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule provides for stakeholder input on the Independent Scientific Review process but does not require any action or budgetary commitments from others. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs will vary for affected persons who use this peer review process. The affected persons will be responsible to cover the costs of the process, which will have a predetermined time table, so that costs can be estimated prior to actual implementation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule outlines a clear process for DWQ to engage in independent scientific reviews. DWQ has an interest in ensuring that its decisions are grounded in good science, and the rule provides a clear and fair process for reviews. This rule will have no additional fiscal impacts on businesses beyond those created in the original legislation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40995.htm No. 40987 (Amendment): R317-1-7. TMDLs. SUMMARY OF THE RULE OR CHANGE: This section incorporates by reference the completed Nine Mile Creek TMDL for temperature into the rule. This TMDL document has been approved by the Water Quality Board to initiate rulemaking to adopt the TMDL. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated impacts to the state budget. The proposed amendment will be addressed using existing resources. - LOCAL GOVERNMENTS: All estimated costs for implementing this TMDL are associated with strategies that are voluntary. It is not anticipated that local governments will be affected. - SMALL BUSINESSES: All estimated costs for implementing this TMDL are associated with strategies that are voluntary. It is not anticipated that small businesses will be affected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Estimated costs are $680,918 for voluntary strategies and management options for reducing sources of pollution in the TMDL watershed. COMPLIANCE COSTS FOR AFFECTED PERSONS: All strategies are voluntary; therefore, compliance costs do not apply. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impacts to businesses are anticipated as a result of the TMDL. Potential strategies and management options for reducing non-point sources of pollutants are identified but are not specifically mandated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40987.htm GOVERNOR ECONOMIC DEVELOPMENT No. 40961 (New Rule): R357-19. Business Resource Centers. SUMMARY OF THE RULE OR CHANGE: This rule establishes criteria for matching fund exceptions; criteria for the approval, creation, and oversight of each business resource center and its staff, including a non-state funded satellite business resource center; metrics to report the performance of economic development output in each region serviced by a business resource center; and criteria for approving and overseeing business plans. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to the state budget because this program is an ongoing base budget item. This rule simply directs how that appropriation is allocated. - LOCAL GOVERNMENTS: There is no cost to local governments because they cannot participate in this program. - SMALL BUSINESSES: There is no cost to small business because they cannot participate in this program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no direct cost or savings to others; although, it does clarify the matching funds exceptions that could create a possible savings for institutions of higher education that house a Business Resource Center. However, due to not knowing which exceptions an institution of higher education may or may not use, it is not possible to calculate any direct savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs because this rule codifies current practices that have been in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact created by this rule on businesses because they cannot participate in the funding structure provided by this program. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40961.htm HEALTH ADMINISTRATION No. 40996 (New Rule): R380-77. Coordination of Patient Identification and Validation Services. SUMMARY OF THE RULE OR CHANGE: This proposed rule establishes an advisory committee of diverse professionals from health care provider organizations, public health entities, and health care insurers and establishes the duties and responsibilities of the committee with respect to coordination and governance of shared patient identification services. The draft of this rule has been reviewed and approved by the Utah Digital Health Service Commission at its 11/03/2016 meeting and the ThSisU Governance Committee of the State Innovation Grant in September 2016. The draft rule was also shared with the Utah Health Information Network Master Person Index Committee's members for their comments. No feedback was received from this committee. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Administrative support for the advisory committee established under this rule will be provided by existing staff in the Health Informatics Program, Center for Health Data and Informatics, and Utah Department of Health, and will not result in additional costs or savings. - 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. As a result, the rule will have no effect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be some personnel costs to the organizations that voluntarily send their representatives to participate in this advisory committee's efforts. The committee's participation is voluntary. Since the committee's work will benefit to all participating organizations and the people of Utah, the Department believes that the involved business and individual will be willing to make the contributions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct or indirect compliance costs for individuals or entities under this rule because this rule simply establishes an advisory committee in which participation is voluntary. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts to businesses as a result of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Duncan by phone at 801-538-7023, by FAX at 801-538-7012, or by Internet E-mail at jduncan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40996.htm No. 40993 (Repeal): R380-400. Use of Statistical Sampling and Extrapolation. SUMMARY OF THE RULE OR CHANGE: This rule governs the methodology for statistical sampling and extrapolation on services covered by Title XIX of the Social Security Act. Nevertheless, this rule no longer applies to extrapolation procedures, and is therefore repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule no longer applies to extrapolation procedures and does not govern provider audits. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither reimburse Medicaid providers nor provide Medicaid services to clients. - SMALL BUSINESSES: There is no impact to small businesses because this rule no longer applies to extrapolation procedures and does not govern provider audits. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers because this rule no longer applies to extrapolation procedures and does not govern provider audits. Additionally, there is no impact to ongoing services available to Medicaid clients. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider because this rule no longer applies to extrapolation procedures and does not govern provider audits. Additionally, there is no impact to ongoing services available to a Medicaid client. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because this rule no longer applies to extrapolation procedures that are currently governed by statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40993.htm CHILDREN'S HEALTH INSURANCE PROGRAM No. 40997 (Amendment): R382-10-11. Household Composition and Income Provisions. SUMMARY OF THE RULE OR CHANGE: In accordance with the option that CMS granted the Department concerning CHIP eligibility, this amendment clarifies that spouses who separate will be treated as separate households. It also makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no data to indicate whether there are costs or savings to the state budget. Both options to treat spouses who separate as either a single household or a separate household, may affect household size and countable income depending on individual circumstance. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor make CHIP eligibility determinations. - SMALL BUSINESSES: There is no data to determine how eligibility outcomes will affect costs or revenue to small businesses, and there are no costs associated with new business requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no data to determine how eligibility outcomes will affect costs or revenue to CHIP providers. Depending on individual circumstance, household members may see either a positive or negative effect on benefits. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no data to determine how eligibility outcomes will affect costs or revenue to a single CHIP provider. Depending on individual circumstance, a household member may see either a positive or negative effect on benefits. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no available data to determine if there is any fiscal impact, either positive or negative on business at this time. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40997.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40998 (Amendment): R414-304-5. MAGI-Based Coverage Groups. SUMMARY OF THE RULE OR CHANGE: In accordance with the option that CMS granted the Department concerning Medicaid eligibility, this amendment clarifies that spouses who separate will be treated as separate households. It also makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no data to indicate whether there are costs or savings to the state budget. Both options to treat spouses who separate as either a single household or a separate household, may affect household size and countable income depending on individual circumstance. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor make eligibility determinations for the Medicaid program. - SMALL BUSINESSES: There is no data to determine how eligibility outcomes will affect costs or revenue to small businesses, and there are no costs associated with new business requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no data to determine how eligibility outcomes will affect costs or revenue to Medicaid providers. Depending on individual circumstance, household members may see either a positive or negative effect on benefits. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no data to determine how eligibility outcomes will affect costs or revenue to a single Medicaid provider. Depending on individual circumstance, a household member may see either a positive or negative effect on benefits. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no available data to determine if there is any fiscal impact, either positive or negative, on business at this time. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40998.htm DISEASE CONTROL AND PREVENTION, LABORATORY IMPROVEMENT No. 41000 (Repeal): R444-11. Rules for Approval to Perform Blood Alcohol Examinations. SUMMARY OF THE RULE OR CHANGE: Over time, private sector labs have not sought approval status for this work citing various reasons with the most common being court appearance pulling their staff away from "productive work". Currently, no laboratories are registered under this rule. Forensic laboratories in the state of Utah that may do any testing for blood alcohol content are accredited by the American Board of Forensic Toxicology or American Society of Crime Laboratory Directors. The Division sees no need to maintain this rule. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule is outdated and has not been used for many years. There will be no costs or savings from the repeal. - LOCAL GOVERNMENTS: None--This rule is outdated and has not been used for many years. There will be no costs or savings from the repeal. - SMALL BUSINESSES: None--This rule is outdated and has not been used for many years. There will be no costs or savings from the repeal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule is outdated and has not been used for many years. There will be no costs or savings from the repeal. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule is outdated and has not been used for many years. There will be no costs from the repeal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Over time, private sector labs have not sought approval status for this work citing various reasons with the most common being court appearance pulling their staff away from "productive work". Currently, no laboratories are registered under this rule. Forensic laboratories in the State of Utah that may do any testing for blood alcohol content are accredited by the American Board of Forensic Toxicology or American Society of Crime Laboratory Directors. The Division sees no need to maintain this rule. There is no fiscal impact on business because no labs are registered under this rule and none were expected. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Atkinson by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at rmatkinson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41000.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 40933 (New Rule): R512-311. Out-of-Home Services. Psychotropic Medication Oversight Panel. SUMMARY OF THE RULE OR CHANGE: This rule is being created in accordance with S.B. 82 (2016) to outline the requirements of the Psycho Medication Review Panel. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a cost of approximately $218,100 to the ongoing state general fund and a one-time cost of $25,600. This is to fund the child psychiatrist and the advanced practice nurse required to do the psychotropic medication oversight, as well as developmental costs for the program. - LOCAL GOVERNMENTS: Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing the changes to this rule because these changes are not fiscal in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no costs or savings on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40933.htm SUBSTANCE ABUSE AND MENTAL HEALTH No. 40934 (Amendment): R523-4. Screening, Assessment, Prevention, Treatment and Recovery Support Standards for Adults Required to Participate in Services by the Criminal Justice System. SUMMARY OF THE RULE OR CHANGE: This amendment adds certification requirements for agencies seeking or maintaining certification to provide mental health and substance use disorder screening, assessment, prevention, treatment, education and recovery supports services. These services are provided for adults who are required to participate in treatment by the court or the Board of Pardons and Parole or who are incarcerated. This includes requirements for: 1) criminogenic screening and assessment; 2) substance use and mental health disorder and criminogenic risk factors program and treatment; 3) documentation and record management in the Jails and prison; 4) certification procedures; 5) corrective actions, denials, suspensions, and revocations; 6) an appeals process; and 7) the posting of certified treatment sites to the courts. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because this rule does not require the Division of Substance Abuse and Mental Health (DSAMH) to expend additional funds for implementation of these requirements. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government because this rule does not require DSAMH to expend additional funds for implementation of these requirements. - SMALL BUSINESSES: This amendment will require some small businesses to obtain criminogenic screening tools if they have not done so in the past. The annual cost for the license of the screening tool is estimated at $2,000. So far, DSAMH has been able to determine that there are 65 entities that could be affected. It is believed that many of the affected small businesses already have the license, but in a worst-case scenario, it is anticipated that the annual aggregate cost would be no more than $13,000 statewide. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No entities other than small businesses will be affected by this amendment. COMPLIANCE COSTS FOR AFFECTED PERSONS: If the affected person does not yet have the license for the screening tool, it is estimated that the annual license will cost them approximately $2,000. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact of this amendment to businesses that do not already have this screening tool license is estimated to be approximately $2,000 per year. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40934.htm No. 40999 (Amendment): R523-11-3. Certification Requirements for DUI Educational Providers. SUMMARY OF THE RULE OR CHANGE: In Subsection R523-11-3(3), clarification is added to the curriculum requirement to include a reference to Rule R523-9. It also clarifies a staff requirement. Typographical errors are also corrected in Subsection R523-11-3(3). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget since this amendment is merely adding a clarification to the curriculum requirement and correcting typographical errors. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to the local governments since this amendment is merely adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors. - SMALL BUSINESSES: There is no anticipated cost or savings to the small businesses since this amendment is merely adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities since this amendment is merely adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons since this amendment is merely adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment does not have a fiscal impact on businesses because it is just adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40999.htm INSURANCE ADMINISTRATION No. 40954 (Repeal and Reenact): R590-70. Insurance Holding Companies. SUMMARY OF THE RULE OR CHANGE: The revised Utah Insurance Holding Company rule is aimed at assessing the "enterprise risk" within the entire insurance holding company system (including the risk caused by non-insurer affiliates) and determining the impact of such risk upon the solvency of insurers within the insurance group. To accomplish this goal, the revised model law enhances insurance regulators' authority to supervise the insurance group by mandating reporting of information regarding the solvency and risk of an insurer's noninsurer affiliates and allowing examination of such entities. Importantly, the NAIC Financial Regulation Standards and Accreditation Committee has determined that the adoption of certain revisions and significant elements of the revised model law and regulation is now required as part of the national accreditation standards for insurance departments, ensuring adoption nationwide. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no direct impact on the state budget. No new appropriation was requested or received as a result of this rule. The rule will require Utah Insurance Department financial analysts to perform approximately 80 hours of additional work per FTE per year on holding company analysis. However, this difference will be addressed by improving the efficiency and adjusting the emphasis of the analysis process. - LOCAL GOVERNMENTS: There will be no impact on local government because the rule does not address the domain of local government and no local government employees perform functions related to the holding company rule. - SMALL BUSINESSES: In general, there will be no impact on small businesses. In the case where a small business may be in the holding company structure of an insurance company, the small business may need to produce financial information related to the Utah Insurance Department's financial analysis of the insurance company's financial condition. The cost of compliance would generally be assumed by the insurance company itself and impacts to related small businesses will likely be incidental and not significant. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule applies only to regulated insurance companies and related companies within the insurance company's holding company structure. COMPLIANCE COSTS FOR AFFECTED PERSONS: Insurance companies and their holding company organizations are already subject to costs associated with holding company insurance laws and regulations. These costs include providing various financial reports and answering questions from financial analysts in their annual and quarterly financial reviews; and providing documents to and answering questions from financial examiners every three to five years when a financial examination is performed. The impact of the rule depends on the financial condition of entities within the holding company structure. The rule requires the production by the insurer of a new enterprise risk report. The cost of producing the report should be minimal, especially for companies who already have enterprise risk processes. Otherwise, the level of the increased cost of compliance with the new sections of the rule is dependent on the level of complexity of the holding company structure and the financial condition of the holding company. In general, the additional costs should represent only a small incremental increase in the cost of compliance compared with the costs before the amended rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact that arises as a result of this rule will be negligible. The rule only requires additional reporting on the part of insurance holding companies and will result in no great deal of extra work on their part. In general, the additional costs should represent only a small incremental increase in the cost of compliance compared with the costs before the amended rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40954.htm No. 40955 (Amendment): R590-173. Credit for Reinsurance. SUMMARY OF THE RULE OR CHANGE: Revisions to the Credit for Reinsurance rule serve to reduce reinsurance consumer protection collateral requirements for certified reinsurers that are licensed and domiciled in "Qualified Jurisdictions". Under the previous version of the Credit for Reinsurance Models, in order for U.S. ceding insurers to receive reinsurance credit, the reinsurance was required to be ceded to U.S.-licensed reinsurers or secured by collateral representing 100% of U.S. liabilities for which the credit is recorded. Utah does not currently have any domestic insurance companies or reinsurance companies that are impacted by the revisions to this rule. The revisions ensure uniformity with the NAIC model law and regulation and with other state jurisdictions that have adopted the revisions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no direct impact on the state budget. No new appropriation was requested or received as a result of this rule. The rule will also not impact Utah Insurance Department financial analysts or financial examiners because it will not add additional work. Currently, Utah does not have any domestic insurers or reinsurers who are impacted by the rule. - LOCAL GOVERNMENTS: There will be no impact on local government because the rule does not address the domain of local government and no local government employees perform functions related to the credit for reinsurance rule. - SMALL BUSINESSES: The revisions will not impact small businesses because this rule only applies to insurance companies and reinsurance companies. Currently, there are no domestic insurers or reinsurers who will be impacted by the revisions to this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule revisions only apply to regulated insurance companies and reinsurance companies. COMPLIANCE COSTS FOR AFFECTED PERSONS: Insurance companies and reinsurance companies are already subject to compliance costs associated with credit for reinsurance rule. The revisions to this rule will not create additional costs for Utah insurers and reinsurers because they are not subject to the revisions. If Utah insurers and reinsurers were subject to the revisions to this rule, their costs would stay the same or decrease because they may no longer be required to post 100% collateral for U.S. liabilities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Insurance companies and reinsurance companies are already subject to compliance costs associated with this rule. If Utah insurers and reinsurers were subject to the revisions to this rule, their costs would stay the same or decrease. The revisions ensure uniformity with the NAIC model law and regulation and with other state jurisdictions that have adopted the revisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40955.htm No. 40953 (New Rule): R590-273. Continuing Care Provider Rule. SUMMARY OF THE RULE OR CHANGE: Because of the substantial payments that residents make to Continuing Care Retirement Communities (CCRCs), combined with recent bankruptcies and the potential risk of financial loss to residents, the Utah Legislature has created Title 31A, Chapter 44, to regulate the financial stability and market conduct practices of CCRCs seeking to do business in the state. The rule outlines standards for monitoring CCRCs through periodic disclosure and reporting requirements. Additionally, the rule outlines registration and annual renewal procedures for CCRCs, including disclosure of the CCRC's finances, fees, and refund provisions. The rule requires independent actuarial reviews for CCRCs offering "insurance like" future care. The rule addresses minimum refunds in the event of contract rescission or early withdrawal by the resident. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no direct impact on the state budget. No new appropriation was requested or received as a result of this rule. The rule does prescribe a fee paid by the CCRC at initial registration and with the required annual renewal. This fee is intended to defray the costs of regulating the CCRC. - LOCAL GOVERNMENTS: There will be no impact on local government because the rule does not address the domain of local government and no local government employees perform functions related to the CCRC rule. - SMALL BUSINESSES: The revisions will not impact small businesses because this rule only applies to CCRCs. Currently, there is only one CCRC operating in Utah. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule only applies to CCRCs and not to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: A CCRC will incur regulatory costs associated with filing financial statements, registration and renewal statements, and associated fees. A CCRC is also required to bear the cost of periodic financial examinations and any possible fines or forfeitures for noncompliance with the Title 31A, Chapter 44, and this rule. The cost of the regulation of a CCRC in Utah is estimated to be similar or less than the cost a CCRC would incur in other state jurisdictions. Annual licensure and renewal fees are currently set at $6,900 per year. Additional costs may be in the range of $5,000 to $20,000 year, including the cost of internal employee compliance time and the cost of periodic financial examinations performed by the Utah Insurance Department. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The $6,900 annual fee that will be paid by continuing care providers will represent a minimal cost in their ongoing budgets. However, the protections it will provide for residents of such facilities will be significant. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/01/2016 10:00 AM, State Office Building, 450 N State St, Room 3110, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40953.htm NATURAL RESOURCES FORESTRY, FIRE AND STATE LANDS No. 41012 (Amendment): R652-1. Definition of Terms. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to include new definitions of the terms found in the wildland fire regulations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no aggregate anticipated costs or savings to state budget with regard to this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy. - LOCAL GOVERNMENTS: There are no aggregate anticipated costs or savings to local government with regard to this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy. - SMALL BUSINESSES: There are no aggregate anticipated costs or saving to small businesses with regard to this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There should be no persons affected by the amendment of this rule, as this rule is only being amended to include new definitions with regard to wildland fire policy. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts on businesses, as this rule does not apply to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41012.htm No. 41011 (Amendment): R652-120. Wildland Fire. SUMMARY OF THE RULE OR CHANGE: This rule is amended to include the wildland fire responsibilities of the division, counties, and municipalities. Further, this rule requires the Division to determine and execute the best method for fire control and preservation of forest, watershed, and other lands and to enter into agreements related to fire protection. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: With the implementation of S.B. 122 and S.B. 212 from the 2016 General Session from which this rule is derived, it is anticipated over time that wildfire risks and suppression and management costs should be reduced, resulting in a cost savings to the state, citizens, and taxpayers. The cost saving to state budget is unknown since the participation commitment has not yet been determined. - LOCAL GOVERNMENTS: It is anticipated there could be a cost savings to eligible local government entities that enter into a cooperative agreement, as they may be eligible to have catastrophic wildfire suppression costs paid by the state. The cost saving to local government is unknown since the participation commitments has not yet been determined. - SMALL BUSINESSES: Small businesses are not affected by this amendment, as this rule does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Eligible entities, meaning a county, municipality, special service district, local district or service area, may be affected by this amendment as the division will determine a participation commitment, which is derived from historic jurisdictional fire suppression cost averages and a jurisdictional Wildland Fire Risk Assessment, for each eligible entity with a cooperative agreement participating in the Wildland Fire Suppression Fund. The cost to affected persons is unknown since the participation commitment has not yet been determined. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division will determine a participation commitment, which is derived from historic jurisdictional fire suppression cost averages and a jurisdictional Wildland Fire Risk Assessment, for each eligible entity with a cooperative agreement participating in the Wildland Fire Suppression Fund. The cost to affected persons is unknown since the participation commitment has not yet been determined. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts to businesses, as this rule does not apply to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41011.htm No. 41013 (Amendment): R652-121. Wildland Fire Suppression Fund. SUMMARY OF THE RULE OR CHANGE: This rule is amended to implement changes to the Wildland Fire Suppression Fund pursuant to S.B. 212 and S.B. 122 from the 2016 General Session, which creates a source of funding for the Wildland Fire Suppression Fund, modifies the structure of the fund, and authorizes entities to enter into cooperative agreements for wildland fire suppression. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: With the implementation of S.B. 122 and S.B. 212 (2016) from which this rule is derived, it is anticipated over time that wildfire risks and suppression and management costs should be reduced, resulting in a cost savings to the state, citizens and taxpayers. The cost savings to state budget is unknown since the participation commitment has not yet been determined. - LOCAL GOVERNMENTS: It is anticipated there could be a cost savings to eligible local government entities that enter into a cooperative agreement, as they may be eligible to have catastrophic wildfire suppression costs paid by the state. The cost savings is unknown since the participation commitment has not yet been determined. - SMALL BUSINESSES: Small businesses are not affected by this amendment, as this rule does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Eligible entities, meaning a county, municipality, special service district, local district, or service area, may be affected by this amendment as the division will determine a participation commitment, which is derived from historic jurisdictional fire suppression cost averages and a jurisdictional Wildland Fire Risk Assessment, for each eligible entity with a cooperative agreement participating in the Wildland Fire Suppression Fund. The cost to affected persons is unknown since the participation commitment has not yet been determined. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division will determine a participation commitment, which is derived from historic jurisdictional fire suppression cost averages and a jurisdictional Wildland Fire Risk Assessment, for each eligible entity with a cooperative agreement participating in the Wildland Fire Suppression Fund. The cost to affected persons is unknown since the participation commitment has not yet been determined. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no impacts to businesses, as this rule does not apply to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41013.htm No. 41014 (Amendment): R652-122. County Cooperative Agreements with State for Fire Protection. SUMMARY OF THE RULE OR CHANGE: This rule is amended to implement changes made by S.B. 122 (2016) with regard to cooperative agreements, responsibilities, and participation commitment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: With the implementation of S.B. 122 and S.B. 212 (2016) from which this rule is derived, it is anticipated over time that wildfire risks and suppression and management costs should be reduced resulting in a cost savings to the state, citizens, and taxpayers. The cost savings to state budget is unknown since the participation commitment has not yet been determined. - LOCAL GOVERNMENTS: It is anticipated there could be a cost savings to eligible local government that enter into a cooperative agreement as they may be eligible to have catastrophic wildfire suppression costs paid by the state. The cost savings to local government is unknown since the participation commitment has not yet been determined. - SMALL BUSINESSES: Small businesses are not affected by this amendment, as this rule does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Eligible entities, meaning a county, municipality, special service district, local district, or service area, may be affected by this amendment as the division will determine a participation commitment, which is derived from historic jurisdictional fire suppression cost averages and a jurisdictional Wildland Fire Risk Assessment, for each eligible entity with a cooperative agreement participating in the Wildland Fire Suppression Fund. The cost to affected persons is unknown since the participation commitment has not yet been determined. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division will determine a participation commitment, which is derived from historic jurisdictional fire suppression cost averages and a jurisdictional Wildland Fire Risk Assessment, for each eligible entity with a cooperative agreement participating in the Wildland Fire Suppression Fund. The compliance cost is unknown since the participation commitment has not yet been determined. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impacts on businesses, as this rule does not apply to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41014.htm No. 41015 (Repeal): R652-123. Exemptions to Wildland Fire Suppression Fund. SUMMARY OF THE RULE OR CHANGE: This rule is no longer needed with the implementation of S.B. 122 and S.B. 212 (2016) and the regulations implemented from these bills. Exemptions, if any, have been outlined in the new regulations. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings by repealing this rule because the repeal will not affect state budget. Exemptions are still outlined in the fire policy rules. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government with regard to this rule repeal, as this rule does not affect local government costs or savings. Exemptions, if any, are outlined in the new rules. - SMALL BUSINESSES: Small businesses have no associated costs or savings, as they are not affected by this repeal, and there will be no impacts to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons as defined are not affected by the repealing of this rule; therefore, there is no associated costs or savings to affected persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs subject to this repeal, as there are no impacts to affected persons or any requirements for affected persons that would incur costs or require compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts on businesses, as this rule does not apply to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41015.htm PUBLIC SAFETY EMERGENCY MANAGEMENT No. 40956 (New Rule): R704-3. Local Government Emergency Response Loan Program. SUMMARY OF THE RULE OR CHANGE: The rule establishes the following: 1) the form, content, and procedure for loan applications; 2) criteria and procedures for prioritizing loan applications; 3) procedures for making loans; 4) procedures for administering and ensuring repayment of loans; and 5) procedures for recovering on defaulted loans. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will not be an anticipated cost or savings to the state budget as a result of this rule because the rule sets forth procedures and requirements for administering the Local Government Emergency Response Loan Program that the Division of Emergency Management and the Division of Finance are required to administer under Section 53-2a-608. - LOCAL GOVERNMENTS: There may be an anticipated cost to local governments that are granted a loan from the Local Government Emergency Response Loan Program because if the local government makes a payment more than 15 days after the payment is due, they will be assessed a late fee in the amount of 10% of the payment due. In addition, if the local government defaults on the loan, they may be assessed a penalty fee and be liable for attorney's fees and collection costs if applicable. The exact cost to local governments cannot be estimated because the cost is based on a percentage of the loan and will only be applied in cases of late payment. - SMALL BUSINESSES: There will not be an anticipated cost or savings to small businesses associated with this rule because the rule outlines procedures for the Division of Emergency Management to administer a loan program that provides for loans to be granted to local government entities in an effort to recover losses as a result of a disaster. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be an anticipated cost or savings to persons associated with this rule because the rule outlines procedures for the Division of Emergency Management to administer a loan program that provides for loans to be granted to local government entities in an effort to recover losses as a result of a disaster. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are not any compliance costs for affected persons associated with this rule because the rule outlines procedures for the Division of Emergency Management to administer a loan program that provides for loans to be granted to local government entities in an effort to recover losses as a result of a disaster. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the amendment and found that this rule change will not have a fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40956.htm TRANSPORTATION OPERATIONS, AERONAUTICS No. 40937 (New Rule): R914-3. Aircraft Registration Enforcement. SUMMARY OF THE RULE OR CHANGE: This rule provides procedures for enforcing provisions of the Uniform Aeronautical Act that require an owner or owners of aircraft based in Utah to have a certificate of registration issued by the state for each such aircraft. The rule also includes procedures the Department must follow to penalize those owners who do not maintain current certificates of registration for their aircraft, and procedures owners so penalized may follow to appeal their penalties. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The fiscal note that accompanied S.B. 74, which passed during the 2016 General Session, states that, "Enactment of this bill requires the Division of Aeronautics to conduct compliance audits and inspections to enforce proper registration of aircraft. The estimated cost for this new position is approximately $80,000 per year for a full-time, benefited employee, which would be paid from the Aeronautics Restricted Account." - LOCAL GOVERNMENTS: This rule likely will not result in direct, measurable costs for local governments because this rule only applies to the state of Utah and aircraft owners. - SMALL BUSINESSES: The fiscal note that accompanied S.B. 74 (2016) also stated that, "Businesses, including small businesses, or individuals that fail to register an aircraft in the State of Utah may pay a penalty of 10% of the registration fee for the first month and 5% of the registration fee for each subsequent month until the aircraft is properly registered. It is anticipated that new penalties assessed will amount to at least $80,000 annually. The amount will vary based on the year, make, and model of the aircraft and the amount of time it is out of compliance." - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities that own aircraft based in Utah who fail to register their aircraft annually as required by statute may be required to pay a penalty of 10% of the registration fee for the first month and 5% of the registration fee for each subsequent month until the aircraft is properly registered. It is not possible to determine with precision what those costs will be in the aggregate. COMPLIANCE COSTS FOR AFFECTED PERSONS: As set forth under small businesses impact above, the fiscal note that accompanied S.B. 74 (2016) also stated that, "Businesses, including small businesses, or individuals that fail to register an aircraft in the State of Utah may pay a penalty of 10% of the registration fee for the first month and 5% of the registration fee for each subsequent month until the aircraft is properly registered. It is anticipated that new penalties assessed will amount to at least $80,000 annually. The amount will vary based on the year, make, and model of the aircraft and the amount of time it is out of compliance." COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule may have a fiscal impact on those businesses that own aircraft based in Utah if they fail to obtain certificates of registration annually. Those businesses that properly register their Utah-based aircraft every year will suffer no fiscal impact because of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40937.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends January 3, 2017. From the end of the 30-day waiting period through March 31, 2017, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. ENVIRONMENTAL QUALITY ENVIRONMENTAL RESPONSE AND REMEDIATION No. 40755 (Change in Proposed Rule): R311-203. Underground Storage Tanks: Technical Standards. SUMMARY OF THE RULE OR CHANGE: Subsection R311-203-7(c) is removed from the rule. (DAR NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the October 1, 2016, issue of the Utah State Bulletin, on page 60. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings. The state, as an owner of USTs, has not been approved for a reduced inspection schedule for any of its UST facilities, so there will be no change in the state's inspections costs. - LOCAL GOVERNMENTS: There is no anticipated cost or savings. No local governments that own USTs have been approved for a reduced inspection schedule for any of their UST facilities, so there will be no change in their inspections costs. - SMALL BUSINESSES: There is no anticipated cost or savings. No small businesses that own USTs have been approved for a reduced inspection schedule for any of their UST facilities, so there will be no change in their inspections costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings. No UST owners have been approved for a reduced inspection schedule for any of their UST facilities, so there will be no change in their inspections costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs. No UST owners have to date been approved for a reduced schedule of operator inspections, so there will be no cost for them to continue to perform inspections as they are already doing them. If a UST owner had received approval for a reduced inspection schedule, the cost required to begin performing the inspections every 30 days would depend on the number of additional inspections required. The most likely scenario would be a UST facility in a mountainous area that is not easily accessed during the winter. If four additional inspections were required for the winter months, the increased cost would be approximately $500 to $700 per year, depending on the individual characteristics of the UST site and the available resources of the UST owner to provide access to the UST facility. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact of this rule change will be minor. There are a handful of UST sites in the state that are likely to be inaccessible or have another situation where a monthly inspection would be impractical. No tank owners have been granted an exemption from doing the inspections each month. Removing the ability to grant the exemption will only mean that UST owners and operators will continue to do the inspections monthly, so fiscal impacts to tank owners will be minimal. DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40755.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 FACILITIES CONSTRUCTION AND MANAGEMENT No. 40945 (5-year Review): R23-32. Rules of Procedure for Conduct of Utah State Building Board Meetings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Justification for the continuation of the rule is that such a rule is required by Subsections 63A-5-102(2) and 63A-5-103(1)(e). 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 - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov EFFECTIVE: 11/03/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40945.htm COMMERCE ADMINISTRATION No. 40948 (5-year Review): R151-3. Americans with Disabilities Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule should be continued because it is required by federal law and regulations, and it provides necessary procedures for the resolution of ADA complaints. DIRECT QUESTIONS REGARDING THIS RULE TO: - Masuda Medcalf by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov EFFECTIVE: 11/03/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40948.htm No. 40949 (5-year Review): R151-35. Powersport Vehicle Franchise Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to administer the registration of franchisees and franchisors and to conduct adjudicative proceedings before the Board. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Masuda Medcalf by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov EFFECTIVE: 11/03/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40949.htm OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40943 (5-year Review): R156-28. Veterinary Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 28, with respect to veterinarians and veterinarian interns. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov EFFECTIVE: 11/03/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40943.htm No. 40941 (5-year Review): R156-40a. Athletic Trainer Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 40a, with respect to athletic trainers. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzette Farmer by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at sfarmer@utah.gov EFFECTIVE: 11/03/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40941.htm No. 40942 (5-year Review): R156-41. Speech-Language Pathology and Audiology Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 41, with respect to speech-language pathologists and audiologists. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov EFFECTIVE: 11/03/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40942.htm No. 40944 (5-year Review): R156-70a. Physician Assistant Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 70a, with respect to physician assistants. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov EFFECTIVE: 11/03/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40944.htm CORRECTIONS ADMINISTRATION No. 40994 (5-year Review): R251-108. 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 purpose of this rule is to establish a procedure by which informal adjudicative proceedings shall be conducted as a result of a notice of agency action, or a request by a person for agency action regarding Department rules, orders, policies, or procedures. Therefore, this rule should be continued. This rule shall not apply to internal personnel actions conducted within the Department. DIRECT QUESTIONS REGARDING THIS RULE TO: - Lucy Ramirez by phone at 801-545-5616, or by Internet E-mail at lramirez@utah.gov EFFECTIVE: 11/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40994.htm EDUCATION ADMINISTRATION No. 41001 (5-year Review): R277-503. Licensing Routes. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-503 continues to be necessary because it provides minimum eligibility requirements for applicants for teacher licenses; and provides criteria and procedures for teacher licensing routes and for licensed teachers to earn endorsements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 11/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41001.htm No. 41002 (5-year Review): R277-507. Driver Education Endorsement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-507 continues to be necessary because it provides standards and procedures for secondary teachers to qualify for a driver education endorsement. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 11/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41002.htm No. 41003 (5-year Review): R277-512. Online Licensure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-512 continues to be necessary because it provides procedures to ensure that consistency, quality, and fairness are maintained for online license transaction processes. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 11/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/41003.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 40958 (5-year Review): R392-100. Food Service Sanitation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-302 is recommended as it is required by statute and creates a uniform standard for sanitation at swimming pools statewide. To USU: UDOH has statutory authority to be the accrediting agency for food safety manager certification programs in Utah, as per Title 26, Chapter 15a, and Rule R392-101. A clarification will be added to Rule R392-100 to clarify this when adopting the next iteration of the FDA Food Code. Those currently approved by UDOH to provide food safety manager certifications will continue to be approved. To DCHD: Concerning the "non-debitable" items in the FDA Food Code, these items refer to requirements outside of actual food inspections. The term "non-debitable" only applies to items most often making requirements of inspectors or the regulatory agency, which would be inappropriately addressed on an inspection form. Concerning the pre- operational inspection requirement for temporary events, this is a requirement in previous and current versions of Rule R392-100. This concern is being taken under advisement and will be discussed in advisory committees and with the local health departments. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40958.htm No. 40960 (5-year Review): R392-200. Design, Construction, Operation, Sanitation, and Safety of Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-200 is recommended as it is required by statute and creates a uniform standard for sanitation at schools statewide. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40960.htm No. 40964 (5-year Review): R392-300. Recreation Camp Sanitation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-300 is recommended as it is required by statute and creates a uniform standard for sanitation at campgrounds within the jurisdiction of the state. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 11/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40964.htm No. 40962 (5-year Review): R392-301. Recreational Vehicle Park Sanitation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-301 is recommended as it is required by statute and creates a uniform standard for sanitation at recreational vehicle parks statewide. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 11/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40962.htm No. 40959 (5-year Review): R392-302. Design, Construction and Operation of Public Pools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-302 is recommended as it is required by statute and creates a uniform standard for sanitation at swimming pools statewide. The Utah Department of Health (UDOH) is not in favor of lowering its standards for construction or operation of a public pool as it would unnecessarily increase risk to the public. A committee composed of pool operators, designers, builders, and regulators meets regularly to work on and propose changes to the rule addressing deficiencies and to update the rule in accordance with current science and national standards. This committee reviewed the aforementioned concerns and made recommendations to UDOH. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40959.htm No. 40957 (5-year Review): R392-401. Roadway Rest Stop Sanitation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-401 is recommended as it is required by statute and creates a uniform standard for sanitation at rest stops statewide. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40957.htm No. 40965 (5-year Review): R392-402. Mobile Home Park Sanitation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-402 is recommended as it is required by statute and creates a uniform standard for sanitation at campgrounds within the jurisdiction of the state. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 11/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40965.htm No. 40963 (5-year Review): R392-501. Labor Camp Sanitation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-501 is recommended as it is required by statute and creates a uniform standard for sanitation at labor camps statewide. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 11/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40963.htm CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 40988 (5-year Review): R428-1. Health Data Plan and Incorporated Documents. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R428-1 establishes the basic operational requirement for the HDC to manage the data collection, analysis, and distribution, which is to adopt a health data plan through a public process. Therefore, this rule should be continued. 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 - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40988.htm No. 40989 (5-year Review): R428-2. Health Data Authority Standards for Health Data. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R428-2 establishes the reporting standards which apply to data suppliers and the classification, control, use, and release of data received by the HDC pursuant to Section 26-33a. Continuation of Rule R428-2 will assure the data definitions, standards, security, and disclosure under the Health Data Authority Act are consistent across all data suppliers, data users, and public inquiries. Therefore, this rule should be continued. 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 - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40989.htm No. 40990 (5-year Review): R428-5. Appeal and 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: Rule R428-5 outlines the formal adjudicative procedures for administrative adjudicative actions of the HDC. The Utah Administrative Procedures Act allows administrative agencies to adopt certain procedures by rule if the agency conducts formal administrative adjudicative proceedings. This rule provides appropriate administrative procedures to handle a disagreement, if any, in the new data collection process. Therefore, this rule should be continued. 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 - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40990.htm No. 40991 (5-year Review): R428-10. Health Data Authority Healthcare Facility Data Reporting Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R428-10 establishes the reporting standards and procedures for discharge and encounter data submitted by licensed hospitals, ambulatory surgery centers, and emergency departments in the state of Utah. Continuation of the rule will assure that the state of Utah continuously carries out its activities in developing and using the statewide healthcare facility database to improve healthcare cost, quality, and access. There is widespread use of nearly 25 years of data within many programs at the Department of Health for planning and reports on hospitalization trends. Also public use data files have been purchased by many individuals in the healthcare industry, researchers, and the Federal Agency for Healthcare Research and Quality. Therefore, this rule should be continued. 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 - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40991.htm No. 40992 (5-year Review): R428-12. Health Data Authority Survey of Enrollees in Health Plans. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R428-12 allows monitoring of satisfaction with the quality and access of care provided by participating Utah health plans. Continuation of the rule will assure that health plans are monitored using nationally-recognized standards. Therefore, this rule should be continued. 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 - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40992.htm TAX COMMISSION ADMINISTRATION No. 40966 (5-year Review): R861-1A. Administrative Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R861-1A-2 clarifies the process by which the Tax Commission makes rules, including notice, hearing, and publication of rules. Section R861-1A- 3 allows persons or parties affected by a commission action the right to a division conference and a prehearing conference for the purpose clarifying and narrowing the issues and encouraging settlement. Section R861-1A-9 clarifies duties and responsibilities of the commission when acting as the Utah State Board of Equalization; provides procedures for a person to file an appeal of a county board of equalization determination with the commission. Section R861-1A-10 provides instructions concerning: 1) rights of parties; 2) effect of partial invalidation of rules; 3) enactment of inconsistent legislation; and 4) presumption of familiarity. Section R861-1A-11 clarifies the process of appealing a corrective action. Section R861-1A-12 outlines the policies and procedures of the commission regarding disclosure of and access to documents, work papers, decisions, and other information prepared by the commission. Section R861-1A-13 outlines the manner by which disabled persons may request reasonable accommodations to services, programs, activities, or a job or work environment at the Tax Commission. Section R861-1A-15 requires all taxpayers to provide the Tax Commission with their social security number or federal identification number, as required by the Tax Commission. Section R861-1A-16 outlines the management plan of the Utah State Tax Commission. Section R861-1A-18 indicates how remittances received by the Tax Commission shall be allocated to penalty, interest and tax. Section R861-1A-20 provides guidelines on the timeliness of requests for a hearing to correct a centrally assessed property tax assessment, a petition for redetermination, and those seeking judicial review. Section R861-1A-22 clarifies the time a petition for adjudicative action may be filed and the contents of the petition; does not allow the Tax Commission to reject a petition because of nonconformance, but allows the Tax Commission to require an amended or substitute petition be filed. Section R861-1A-23 requires all matters to be designated as formal proceedings and set for a prehearing conference, initial hearing, or scheduling conference; and allows matters to be diverted to mediation. Section R861-1A-24 provides guidelines for a formal adjudicative proceeding, including the initial hearing. Section R861- 1A-26 outlines procedures to be followed in a formal adjudicative proceeding. Section R861-1A-27 establishes discovery procedures in a formal proceeding. Section R861-1A-28 authorizes formal proceedings to be conducted the same as in judicial proceedings in the state court; and allows every party the right to introduce evidence, and provides guidelines on testimonies. Section R861- 1A-29 clarifies that the presiding officer shall submit all written decisions and orders to the Tax Commission for agency review before issuing the order; authorizes any party to file a written request for reconsideration alleging mistake of law or fact, or discovery of new evidence. Section R861-1A-30 prohibits any party from having an ex parte communication with a commissioner or administrative law judge; and provides guidelines if relevant ex parte communications are received by a commissioner or administrative law judge. Section R861-1A-31 provides for situations when a petition for a declaratory order may be filed; and authorizes the Tax Commission to refuse to render the order under certain circumstances. Section R861-1A-32 authorizes the use of mediation to obtain a settlement agreement. Section R861-1A-33 defines "settlement agreement"; and outlines procedures to be followed for submitting and approving settlement agreements. Section R861-1A-34 defines private letter rulings; provides procedures for requesting a private letter ruling; and indicates the weight afforded a private letter ruling, as well as actions that may be taken if the ruling leads to the denial of a claim, audit assessment, or other agency action. Section R861-1A-35 defines "database management system," "electronic data interchange," "hard copy," "machine- sensible record," "storage-only imaging system," and "taxpayer"; and provides guidelines for storage of records in various media. Section R861-1A-36 clarifies what constitutes a signature for taxpayers who submit a vehicle registration over the internet, or a tax return through an authorized web site. Section R861-1A-37 defines "assessed value of the property," "disclosure," and "published decision;" and indicates property tax information that may be disclosed, in general, during an action or proceeding, or in a published decision. Section R861-1A-38 indicates the actions the Tax Commission may take to expedite exhaustion of administrative remedies for purposes of determining the persons who may be included in a class action. Section R861-1A-39 defines "failure to file a tax return" and "unpaid tax" for purposes of imposing the penalty for failure to file a tax return. Section R861-1A-40 indicates how a taxpayer that seeks judicial review of a final commission determination of a deficiency may apply for a waiver of the requirement to post a bond with the Tax Commission. Section R861-1A-42 provides the circumstances that constitute reasonable grounds for waiver of a penalty. Section R861-1A-43 provides the conditions under which a tax commissioner may participate electronically in a public meeting. Section R861-1A-44 for purposes of determining the date on which a document has been mailed, sets forth delivery services, and the date a delivery service receives a document. Section R861-1A-45 sets forth the procedures the Tax Commission shall follow when the Tax Commission holds a meeting that is not open to the public, including procedures for written and recorded minutes. Section R861-1A-46 defines a purchaser refund request; indicates the information that must be submitted to the commission when submitting a purchaser refund request; and provides procedures for the Tax Commission to verify the accuracy of the purchaser refund request. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40966.htm AUDITING No. 40967 (5-year Review): R865-3C. Corporation Income Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-3C-1 indicates how a corporation subject to the corporation income tax shall determine the net income attributable to Utah. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40967.htm No. 40968 (5-year Review): R865-4D. Special Fuel Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-4D-1 defines "motor vehicle" and "user" for the purposes of imposing the special fuels tax. Section R865-4D-2 provides guidance on when the fee for the special fuel tax exemption certificate shall be paid; clarifies when the special fuel tax exemption applies; and outlines the formula for calculating fuel use. Section R865-4D-6 sets forth the record- keeping requirements for special fuel user-dealers. Section R865-4D-18 sets forth the record-keeping requirements for special fuel users. Section R865- 4D-19 outlines how a government entity is to obtain a refund for special fuel taxes paid and indicates records needed to support the refund. Section R865- 4D-20 indicates the conditions under which the exemption or refund for exported undyed diesel fuel shall apply. Section R865-4D-21 defines "gross gallon" and "net gallon;" requires suppliers to calculate tax liability on a consistent gross gallon or net gallon basis; and specifies that both gross and net amounts must be on all invoices, bills of lading, and special fuel tax returns. Section R865-4D-22 provides procedures for administering the reduction of special fuel tax on fuel that is subject to a tax imposed by the Navajo Nation. Section R865-4D-23 indicates that the commission entered into the International Fuel Tax Agreement, effective 01/01/1990. Section R865-4D- 24 provides the conditions under which the commission may determine that a special fuels tax licensee has ceased doing business or changed address and provides procedures for the commission to then invalidate that license. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40968.htm No. 40969 (5-year Review): R865-6F. Franchise Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-6F-1 clarifies franchise tax responsibilities of foreign corporations, and also, clarifies the manner in which a foreign corporation terminates its corporate franchise tax responsibilities. Section R865-6F-2 establishes taxable year for purposes of the corporate franchise tax and clarifies when first return period begins. Section R865-6F-6 sets forth guidelines to determine whether nexus has been established for purposes of subjecting a corporation to the Utah corporation franchise tax. Section R865-6F-8 classifies all business income as either "business" or "nonbusiness," provides rules to determine whether income is business or nonbusiness, defines and establishes criteria for apportionment of tax, and defines the three elements of the apportionment formula: the property factor, payroll factor, and sales factor. Section R865-6F-14 states the tax commission policy to follow federal law as closely as possible in determining net income for Utah corporate franchise tax. The section lists items normally followed in conformity with federal law and items requiring different state tax treatment. Section R865-6F-15 clarifies that the installment method of reporting corporate income is a postponement of tax, not an exemption from tax. The section states when the privilege of installment reporting is terminated. The section also states that installment income is subject to the same allocation and apportionment provisions as all other corporate income. Section R865-6F-16 provides a methodology for apportioning income from long-term construction projects when a taxpayer elects to use the percentage-of-completion method of accounting or the completed contract method of accounting. Section R865-6F-18 defines "member" and "producer" for purposes of the corporate franchise and income tax exemption for a farmers' cooperative; provides procedures for qualifying for and applying the exemption. Section R865-6F-19 provides a methodology for apportioning trucking company income to Utah. Section R865-6F-22 defines "worldwide year" and "water's edge year" in treatment of carrybacks and carry forwards and notes criteria and penalties for switching from worldwide method to water's edge or from water's edge method to worldwide method. Section R865-6F-24 provides that, in the case of a unitary group, nexus created by any member of the group creates nexus for the entire unitary group. Section R865-6F-26 provides instructions for applying for and receiving historic preservation tax credit and any subsequent carryforwards of that credit. Section R865-6F-27 provides that the order of deducting credits against the corporate franchise tax is: 1) nonrefundable credits; 2) nonrefundable credits with a carryforward; and 3) refundable credits. Section R865-6F-28 provides guidance on what investments qualify for the enterprise zone franchise tax credits and how a business should calculate its base number of employees. The section also outlines the effect on tax credits if a county loses its designation as an enterprise zone. Section R865-6F-29 provides a methodology for apportioning railroad income to Utah. Section R865-6F-30 sets forth the information a trustee of the Utah Educational Savings Plan Trust must provide to the Tax Commission and the forms necessary to provide this information to the Tax Commission. Section R865-6F-31 defines "outer- jurisdictional property," "print," "printed materials," "purchaser," "subscriber," and "terrestrial facility"; and provides a methodology for apportioning income of publishing companies to the state for franchise tax purposes. Section R865-6F-32 provides a methodology for apportioning the income of financial institutions to the state for franchise tax purposes; and defines terms related to financial institutions. Section R865-6F-33 defines terms related to telecommunications corporations; and provides a methodology for apportioning and allocating income for telecommunications corporations to the state for purposes of franchise tax. Section R865-6F-36 defines terms for registered securities or commodities brokers or dealers; and provides a methodology for apportioning the income of registered securities or commodities brokers or dealers to the state for corporate franchise and income tax purposes. Section R865-6F-37 indicates how a taxpayer shall disclose a reportable transaction to the Tax Commission and how a material advisor shall disclose a reportable transaction to the Tax Commission. Section R865-6F-38 provides that, in the absence of fraud, the amount certified as qualifying for the renewable energy systems tax credit shall be the amount allowed by the Tax Commission as a credit. Section R865-6F-39 defines captive real estate investment trust for purposes of the addition to unadjusted income required to compute the taxable income of a captive real estate investment trust. Section R865-6F40 indicates that the activities of a partnership are taken into consideration in determining whether a corporation qualifies as a foreign operating company. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40969.htm No. 40970 (5-year Review): R865-7H. Environmental Assurance Fee. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-7H-1 sets the guidelines for owners or operators of tanks, including above-ground storage tanks, to obtain an exemption from the Environmental Assurance Fee if they do not participate in the Environmental Assurance Program. Section R865-7H-2 sets the guidelines for exemptions from the Environmental Assurance Fee on packaged petroleum products or bulk petroleum products which are brought into Utah and subsequently repackaged; and provides guidelines for qualified individuals to obtain a refund of Environmental Assurance Fees no more often than on a monthly basis. Section R865-7H-3 sets guidelines for an exemption from the Environmental Assurance Fee for petroleum products exported from a refinery directly out-of-state or for petroleum products not stored in a tank covered by the Environmental Assurance Program which are subsequently exported from the state; and explains that qualified individuals may apply for a refund of those fees paid no more often than on a monthly basis. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40970.htm No. 40971 (5-year Review): R865-9I. Income Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-9I-2 defines "resident," "resident taxpayer," "nonresident," "nonresident taxpayer," "part year resident," and "domicile" and clarifies domicile for the purposes of a person in active military service. Section R865-9I-3 provides instructions on how to file for an income tax credit for income taxes paid to another state. Section 865-9I-6 provides instructions for a husband and wife, if either one is a nonresident, to file separate returns even though they filed a joint federal return; provides a method to determine each spouse's Federal Adjusted Gross Income (FAGI) when they qualify to file separate state returns. Section R865-9I-7 provides definitions of "part year resident" and "FAGI", provides instructions for determining the FAGI of a part-year resident and a business with income from within and without Utah. Section R864-9I-8 provides that two returns are not required when an individual changes status as resident or nonresident, except in unusual circumstances. Section R865-9I-9 provides instructions for calculating a taxpayer's taxable state income when required to convert income from a period of less than a year to an annual basis for federal tax purposes. Section R865-9I-10 states that a taxpayer must include a statement setting forth all differences when an alternate method of accounting is used to compute income from the method used the previous year. Section R865-9I-13 provides guidance for pass-through entity required withholding of Utah income tax from certain taxpayers. Section R865-9I-14 requires withholding only on Utah income, and allows credit for withholding paid to another state and provides instructions to employers regarding withholding of wages, including income subject to withholding, the number of exemptions that may be claimed, and use of tables published by the Tax Commission. Section R865-9I-15 states that an employer need not withhold wages from an employee with a federal withholding certificate. Section R865-9I-16 prescribes the forms necessary to file withholding returns and sets forth penalties incurred by employers not filing properly. The section also prescribes information that must be on W-2 form. Section R865-9I-17 establishes conditions for employers to file withholding returns on a monthly basis and directions for filing monthly. Section R865-9I-18 clarifies taxpayer responsibility to keep and store adequate records for income tax purposes. Section R865-9I-19 clarifies whether a joint return or a separate return should be filed in a year in which one spouse dies. Section R865-9I-20 clarifies when a fiduciary is required to file a return and the information required to be on the fiduciary return, and establishes liability for payment of the estate's or trust's taxes. Section R865-9I-21 provides income tax filing instructions for individuals involved in a partnership; and clarifies method of filing if one member of partnership is a nonresident and the partnership has income from inside and outside the state. Section R865-9I-22 clarifies that any return filed with the Tax Commission is not valid unless the sender signs the return, and also clarifies the conditions a taxpayer must satisfy to file returns on reproduced or facsimile copies of state tax returns. Section R865-9I-23 provides information for prepaying income tax, and indicates when interest shall be charged on a return filed pursuant to an extension, and the amount of extension Utah residents in military service stationed outside the U.S. have to file their return. Section R865-9I-24 clarifies that provisions relating to prima facie evidence of delivery and the postmark date on registered mail from the United States postal system apply to certified mail as well. Section R865-9I-30 provides for a taxpayer to waive the statute of limitations in order to determine whether an activity is engaged in for profit. Section R865-9I-33 states that all Utah residents keeping forms for reporting rents, royalties, interest, and remuneration from Utah sources not subject to federal withholding must make them available to authorized representatives of the Tax Commission or submit them to the Tax Commission upon request. Section R865-9I-34 states that, for property tax relief purposes, individuals living in an owned trailer home situated on rented land must complete two computations: 1) for property taxes on the mobile home; and 2) for the rental of the land, excluding charges for utilities, services, or furnishings supplied by the landlord; and also states what portions of renter-received assistance may be included in rent paid. Section R865-9I-37 provides definitions for the enterprise zone tax credit and indicates when an investment is a qualifying investment for purposes of the credit. The section provides guidance on how an employer shall determine its base number of employees for purposes of the credit, maintenance of records, and revocation of county's designation as an enterprise zone. Section R865-9I-41 provides instructions for applying for and receiving historic preservation tax credit, and any subsequent carryforwards of that credit. Section R865- 9I-42 provides that the order of deducting credits against individual income tax is: 1) nonrefundable credits; 2) nonrefundable credits with a carryforward; and 3) refundable credits. Section R865-9I-44 defines "professional athletic team", "member of a professional athletic team," and "duty days" for purposes of apportioning income subject to Utah tax for all professional athletes performing in the state of Utah; and provides that a professional athletic team is an employer required to withhold state income tax from the team members. Section R865-9I-46 requires medical savings account administrators to file information on each account they administer, along with a reconciliation, with the Tax Commission on an annual basis. The section outlines the content of the form, along with record keeping requirements and the necessity of each account holder to attached the form to their state return. Section R865-9I-47 states that combat pay is excluded from withholding requirements and provides an extension of time to pay income taxes for individuals receiving combat pay. Section R865-9I-49 requires the trustee of the Utah Educational Savings Plan Trust to provide trust participants and the Tax Commission with certain information on the status of the participant's account with the trust. Section R865-9I-50 indicates when the addition to federal taxable income for interest on certain bonds shall apply. Section R865-9I-51 provides conditions under which a withholding tax licensee will be considered to have changed the licensee's business address or ceased to do business. Section R865-9I-52 provides that a credit for health benefit plan insurance shall be determined in the manner that provides the greatest possible credit. Section R865-9I-53 indicates how a taxpayer shall disclose a reportable transaction to the Tax Commission and how a material advisor shall disclose a reportable transaction to the Tax Commission. Section R865-9I-54 provides that, in the absence of fraud, the amount certified as qualifying for the renewable energy systems tax credit shall be the amount allowed by the Tax Commission as a credit. Section R865- 9I-55 provides that a qualified subchapter S subsidiary shall be treated in the same manner for Utah taxes as it is for federal taxes. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40971.htm No. 40972 (5-year Review): R865-11Q. Self-Insured Employer Assessment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-11Q-1 clarifies when employers need to obtain the experience modification factor and provides direction for those who fail to obtain the factor within the specified time. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40972.htm No. 40973 (5-year Review): R865-12L. Local Sales and Use Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-12L-1 provides that all rules made with respect to the state sales and use tax shall apply to the local sales and use tax. Section R865- 12L-3 permits use of sales tax rate charts to determine sales tax due on a taxable sale. Section R865-12L-4 requires that the local sales and use tax be reported to the Tax Commission on a combined return with the state sales and use tax. Section R865-12L-11 outlines the sales tax liability of a person who purchases a motor vehicle from someone other than a licensed dealer. Section R865-12L-14 provides procedures for local governing bodies' review of local sales and use taxes remitted by businesses located within that political subdivision. The section also provides procedures for corrections for firms omitted from the list of a particular political subdivision or firms listed but not doing business in the jurisdiction of the political subdivision and defines "de minimis" and "extraordinary circumstances" for purposes of a redistribution of sales tax revenues. Section R865-12L-17 defines "primary business," and "retail establishment," and provides guidance necessary to administer the restaurant tax. Section R865-12L-18 clarifies the Tax Commission's exclusive authority to administer and enforce the local sales and use tax, and lists the circumstances under which local governments: 1) shall have access to the Tax Commission records; and 2) may intervene in or appeal from a proposed final Tax Commission action. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40973.htm No. 40974 (5-year Review): R865-13G. Motor Fuel Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-13G-1 defines "carrier" with regard to motor fuel deliveries and requires that every carrier delivering motor fuels within this state submit written reports concerning all deliveries from outside Utah. Section R865- 13G-3 provides criteria for determining whether a sale of motor fuel meets the export exemption from motor fuels tax. This section also requires that each export sale of motor fuel be supported by records. Section R865-13G-5 allows motor fuel dealers that sell motor fuel in wholesale quantities to become a licensed distributor. This section also allows licensed distributors to purchase motor fuel tax exempt if they satisfy certain conditions. Section R865-13G-6, upon Tax Commission approval, exempts from motor fuel tax volatile or inflammable liquids that qualify as motor fuels, but are not useable in their present state in internal combustion engines. Section R865-13G-8 clarifies the definition of "agricultural purposes" for purposes of allowing tax refund for persons engaged in commercial agricultural work. Section R865-13G-9 clarifies exemption from motor fuel tax for motor fuels refined in Utah from solid hydrocarbons. Section R865- 13G-10 provides procedures for distributors that make sales to government agencies to claim the fuel tax exemption for sales to government agencies. This section also clarifies the exemption from motor fuel tax for sale of motor fuel to Indian tribes and government agencies. Section R865-13G-11 defines "gross gallon" and "net gallon" for use in calculating motor fuel tax liability. This section also requires that all licensed distributors calculate motor fuel tax using either gross gallon or net gallon basis and requires distributors to inform the Tax Commission of choice then exclusively use this basis of calculation for 12 months without alternating. Section R865-13G-13 sets procedure for government entities to apply for a refund for motor fuel taxes paid and lists the records required to be maintained for purchases on which the refund is claimed. Section R865-13G-15 provides procedures for administering the reduction of motor fuel tax authorized under Section 59-13-201. Section R865-13G-17 sets forth the parameters under which a motor fuels tax licensee will be considered to have changed the licensee's business address or ceased to do business. Section R865-13G-18 defines the statewide average rack price of a gallon of motor fuel as the average of the Salt Lake City and Cedar City terminal prices of the average daily average net closing price of a gallon of branded regular, 10% ethanol, 9.0 Reid Vapor Pressure unleaded motor fuel for each terminal. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40974.htm No. 40975 (5-year Review): R865-14W. Mineral Producers' Withholding Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-14W-1 defines "working interest owner," "first purchaser," "person," and "producer" with regard to the state mineral producer’s withholding tax. This section also clarifies withholding requirements; who is responsible to pay tax, including unpaid tax; and how claims for credits against the withholding tax should be made. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rebecca Rockwell by phone at 801-297-3906, or by Internet E-mail at rrockwell@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40975.htm No. 40976 (5-year Review): R865-15O. Oil and Gas Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-15O-1 defines terms necessary to administration of the severance tax on oil and gas; and indicates who must file returns when working interest owners engage in a business arrangement in which someone other than themselves is conducting the operations of an oil or gas lease. Section R865-15O-2 indicates how the stripper well exemption applies to a well that produces oil and gas; states that the consecutive 12-month requirement need not fall within one calendar year; and indicates how average daily production shall be calculated. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40976.htm No. 40978 (5-year Review): R865-16R. Severance Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-16R-1 establishes authority and promulgates processes both required by statute and necessary in the determination of fair market value. The section is necessary to ensure that the measurement of taxable value is consistent among the different taxpayers, thereby ensuring that all pay their fair share of tax. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40978.htm No. 40979 (5-year Review): R865-19S. Sales and Use Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-19S-1 distinguishes between sales and use taxes. Section R865- 19S-2 describes sales and use taxes as transaction taxes rather than taxes on articles sold; and explains that the purchaser pays the tax, not the vendor. The vendor merely remits the tax to the state. Section R865-19S-4 indicates that, unless otherwise provided by statute, an invoice or receipt shall show sales tax as a separate line item or in the underlying books and records kept in the vendor's ordinary course of business. If vendors collect an excess amount of tax, they must refund the tax to customers or remit excesses to the Tax Commission. This section also indicates circumstances under which an over collection of taxes may be offset against an under collection of taxes. Section R865-19S-7 explains sales tax license requirements for businesses; and outlines rules for business address changes and business closures. Section R865-19S-12 prescribes the basic form for vendor tax returns; outlines Tax Commission rules for timely filing and extensions; distinguishes between annual filing status and quarterly filing status requirement; and explains alternative sales tax deposits (daily, weekly, or monthly) if necessary for the remittance of tax. Section R865-19S-13 explains confidentiality of returns and states that persons requesting a copy of their own tax returns must present proper identification. Section R865-19S-16 clarifies vendor procedure when vendor has collected excess taxes. Section R865-19S-20 defines the term "total sales" for sales tax purposes; and enumerates the circumstances under which the Tax Commission will give adjustments and credits. Vendor commissions are not deductible. Section R865-19S-22 describes the proper method of sales and use tax record keeping for retailers, lessees, and lessors; discusses proper microfilm and microfiche methods and ADP accounting system records; and explains the Tax Commission prerogatives if records are not prepared and maintained in the prescribed manner. Section R865-19S-23 describes the exemption certificate requirement for vendors of exempt tangible personal property. Section R865- 19S-25 requires sales tax license holders to return tax licenses for cancellation upon sales of business; and requires sales tax license holders to retain business records for three years after discontinuation of business. Section R865-19S-30 lists the evidence required for calculating sales and use tax for vehicle sales with or without a trade-in vehicle used as partial payment. Section R865-19S-31 states that the time and place of sale determined by contract between seller and buyer; and the intent of the parties is subject to generally accepted contract law. Section R865-19S-32 explains sales tax implications for leases, rentals, and conditional sales leases; and provides examples of taxable leases. Section R865-19S-33 defines "admissions," "annual membership dues," and "season passes;" clarifies what is not an admission; and states that amounts paid for activities that are not admissions must be separately stated on the invoice. Section R865-19S-34 defines "place of amusement" as a definite location; and admission is subject to tax even though the charge includes the right to participate in an activity. Section R865-19S-35 clarifies definition of "residential use" to include nursing homes; definition of "fuels" does not include explosives; and taxable status of fuel furnished through a single meter is determined by its predominant use. Section R865-19S-37 defines "commercials," "audio tapes," "video tapes," "motion picture exhibitor," and "distributor." Section R865- 19S-38 clarifies definition of "isolated or occasional" sales. Section R865- 19S-40 sales tax exemption for agricultural produce/agricultural products exchanges explained. Section R865-19S-41 clarifies, for purposes of the sales tax exemption for the U. S. government, when a sale is made to the U. S. government. Section R865-19S-42 clarifies when a sale is made to "state of Utah" for exemption purposes; and indicates the procedures a state or local government must follow to receive a refund of sales tax paid on lodging related purchases that are exempt from sales tax, including the records the state or local government must retain. Section R865-19S-43 outlines exemption qualification requirements for religious or charitable institutions. Section R865-19S-44 explains meaning of "sales made in interstate commerce." Section R865-19S-48 explains that returnable containers are not exempt from sales tax (although non-returnable containers are). Containers sold for final use to the consumer are not exempt. Deposits on containers are subject to sales tax; retailer may take tax credit if deposit refund is made to customer. Section R865-19S-49 defines "farming operations" for purposes of the agricultural exemption; food, medicine, and supplies for animals in agricultural use exempt from sales tax. Furbearing animals raised for fur are exempt agricultural products. These exemptions are only applicable to commercial farming operations. Purchaser must supply exemption certificate to vendor. This section explains that poultry, eggs, and dairy products are not seasonal products under Subsection 59-12-104(21). Section R865-19S-50 defines flowers, trees, bouquets, plants, etc. as agricultural products. This section also explains tax rules for florist telegraphic deliveries; and florists receiving the order from the buyer must collect tax. Section R865-19S-51 clarifies tax rules for manufacturing and assembling labor on tangible personal property. Sale of the personal property itself is not exempt unless specifically exempted. Section R865- 19S-53 sales by finance companies of tangible personal property acquired by repossession or foreclosure are subject to tax. Section R865-19S-56 explains that sales by employers to employees are generally subject to sales tax. Section R865-19S-57 retail sales of ice are taxable. Ice to be re-sold is not taxable. Contract sales of ice to railroads or freight lines are taxable; and no deduction for services is allowed. Section R865-19S-58 explains that construction materials are taxable to contractor or repairman if contractor or repairman converts them to real property; defines "construction materials;" sales of materials to contractors are taxable; and sale of completed real property is not. Contractor is the final consumer when contractor converts tangible personal property to real property; defines conditions under which sales of construction materials to religious or charitable institutions are exempt; and provides examples of items that remain tangible personal property even when attached to real property (and hence are taxable). Section R865-19S-59 defines sales of tangible personal property to repair persons or renovators as "for resale" sales, and therefore exempt. Sales of supplies consumed by repair persons or renovators are taxable. Section R865-19S-60 explains that items sold to businesses for use in carrying on business are taxable; and gives examples of office supplies, trade fixtures, etc. that are subject to tax. Section R865-19S-61 clarifies definition of tax exempt meal sales; states that meals available to general public not exempt; and defines "available to general public." Section R865- 19S-62 meal tickets, coupon books, and merchandise cards, sold by persons engaged in selling those items, are taxable; and explains collection procedure. Section R865-19S-63 defines tombstones and grave markers as improvements to real property; and defines tax rules for sales of these items. Section R865-19S-65 clarifies tax rules for newspaper sales; defines "newspaper" for tax exemption purposes; and explains rules for advertising inserts. Section R865-19S-66 distinguishes between services rendered and tangible personal property sold by optometrists, ophthalmologists, and opticians; and states services are not taxable, but sales of the tangible personal property are taxable. Section R865-19S-68 defines premiums, gifts, rebates, and coupons as taxable tangible personal property; and explains tax rules for donations of these items. Section R865-19S-70 defines persons who render services (doctors, dentists, barbers, or beauticians) as the consumers of the tangible personal property dispensed during their services. Section R865-19S-72 explains sales tax exemption for trade-ins and exchanges of tangible personal property. Section R865-19S-73 explains the responsibility of trustees, receivers, executors, administrators, etc. of collecting and remitting sales tax on all taxable sales, including those made at liquidation. Section R865-19S-74 defines vending machine operators as retailers; defines "cost" for the purposes of the 150% cost formula in Subsection 59-12-104(3); and requires vending machine operators to secure a sales tax license and to display license number on each vending machine. Section R865-19S-75 defines sales by photographers, photofinishers, and photostat producers as sales of tangible personal property; and requires these persons to collect tax on their services and on sales of related tangible personal property. Section R865-19S-76 defines charges for painting, polishing, washing, cleaning, and waxing tangible personal property as subject to tax, with no deduction allowed for the service involved; and explains that sales of items used in providing these services are subject to tax. Section R865-19S-78 explains that labor charges for installation, repair, renovation, and cleaning of tangible personal property are taxable; and states that labor charges for installation of tangible personal property that becomes real property are not subject to tax (clarifies Subsection 59- 12-103(1)(g)). Section R865-19S-79 defines "tourist home," "hotel," "motel," "trailer court," "trailer," and "accommodations and service charges." Section R865-19S-80 defines "pre-press materials" and "printer"; and describes sales tax liability for sales and purchases made by printers. Section R865-19S-81 explains that the sale of artwork is taxable; and states that the purchase of art supplies that become part of the finished product may be purchased tax free. Section R865-19S-82 outlines sales tax rules for items used for display, trial, or demonstration; and states that the tangible personal property used for display, trial, or demonstration is not subject to tax. Demonstration items used primarily for company or personal use are subject to tax. Section R865-19S-85 defines "establishment," "machinery and equipment" and "manufacturer," for the purpose of the exemption for new and expanding operations and normal operating replacements; and indicates when different activities performed at a single location constitute a separate and distinct establishment. Section R865-19S-86 outlines procedures for mandatory filers, defines "mandatory filer" and related terms; describes criteria for vendor reimbursement of the cost of collecting and remitting sales taxes; and delineates procedures for Electronic Funds Transfer (EFT) remittance of sales taxes. Section R865-19S-87 defines "tooling," "special tooling," "support equipment," and "special test equipment" for purposes of the aerospace or electronics industry contract exemption set forth in Section 59-12-104. Section R865-19S-90 defines "interstate," "intrastate," and "two- way transmission" for purposes of Section 59-12-103; and enumerates taxable telephone services and gives examples of nontaxable charges. Section R865- 19S-91 explains that sales to government contractors are subject to sales tax if the contractor uses or consumes the property; and lists criteria for qualification as a purchasing agent for a government entity. Section R865- 19S-92 defines "computer generated output;" indicates that prewritten computer software is subject to sales tax regardless of the form in which it is transferred; indicates that custom computer software is exempt from sales tax regardless of the form in which it is transferred; and indicates how a transaction involving computer software is sourced if the transaction does not include a copy of the software to the purchaser and the purchaser uses the software at more than one location. Section R865-19S-93 describes procedure for payment of waste tire recycling fees and clarifies what sales of tires are subject to the fee. Section R865-19S-94 distinguishes between taxable and non-taxable tips, gratuities, and cover charges at restaurants, cafes, and clubs. Section R865-19S-96 outlines assessment of the transient room tax. Section R865-19S-98 defines "use" for purposes of vehicle sales tax exemption for nonresidents; describes qualifications for nonresident status; and describes qualifications for vehicles deemed not used in this state. Section R865-19S-99 explains that vehicles purchased in another state are exempt from Utah sales tax if sales tax has been paid in another state; and states that the registration card from another state serves as evidence of such payment. Section R865-19S-100 explains procedures for sales tax exemptions and refunds for religious and charitable organizations. Section R865-19S-101 explains that document preparation fees assessed for motor vehicle sales are exempt from sales tax if separately identified and not included in the vehicle sale price. Section R865-19S-102 states that ski resorts that do not have a separate meter for their exempt purchases shall determine a methodology to calculate exempt electricity purchases, and to receive Tax Commission approval prior to using that methodology. Section R865-19S-103 defines "gas" and "supplying taxable energy" for purposes of the municipal energy sales and use tax. This section also defines "delivered value" and "point of sale" of taxable energy and sets forth responsibilities of an energy supplier and a user of taxable energy. Section R865-19S-104 clarifies that the annual distribution of the county option sales tax shall be based on a calendar year; and states that the adjustments shall be reflected in the February distribution. Section R865-19S-108 defines "user fee" for purposes of sales and use tax on admission or user fees. Section R865-19S-109 distinguishes between the taxable and non-taxable status of purchases and sales made by a veterinarian; and provides that if a sale by a veterinarian includes both taxable and nontaxable items, the nontaxable items must be separately stated or the entire invoice is subject to tax. Section R865-19S-110 defines "advertiser"; clarifies taxable status of purchases and sales made by advertisers. Section R865-19S-111 clarifies when a graphic design service is non-taxable; provides that a vendor who provides both nontaxable graphic design services and taxable tangible personal property must separately state nontaxable amounts or the entire sale is taxable. Section R865-19S-113 defines "federal airway;" indicates when amounts paid for aircraft or watercraft tours are exempt from sales tax; indicates when sales tax shall be collected in Utah for a service that occurs in Utah and another state. Section R865-19S-114 defines items that constitute clothing in accordance with the Streamlined Sales and Use Tax Agreement. Section R865-19S-115 defines items that constitute protective equipment in accordance with the Streamlined Sales and Use Tax Agreement. Section R865-19S-116 defines items that constitute sports or recreational equipment in accordance with the Streamlined Sales and Use Tax Agreement. Section R865-19S-117 provides guidelines for rounding the computation of sales tax. Section R865- 19S-118 provides the terms of the uniform interlocal agreement that governs the commission's administration of the municipal telecommunications license tax. Section R865-19S-120 defines terms for the sales tax exemption relating to film, television, and video; indicates transactions that do not qualify for the sales tax exemption. Section R865-19S-121 defines terms for purposes of the sales tax exemption for certain purchases by a mining facility; and indicates the items the exemption applies to. Section R865-19S-122 defines terms for purposes of the sales tax exemption for certain purchases by a web search portal establishment; and indicates the items the exemption applies to. Section R865-19S-123 indicates the London fixing price that a seller shall use to determine the amount of sales tax due in specie legal tender and in dollars when the London fixing price is not available for the day on which a purchase is made in specie legal tender. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40979.htm No. 40980 (5-year Review): R865-20T. Tobacco Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-20T-1 clarifies that the cigarette tax and tobacco products tax are imposed upon the first purchase, use, storage, or consumption in the state; and clarifies that no tax is due from a nonresident or tourist who purchases cigarettes outside the state for use, storage, or consumption inside the state. Section R865-20T-3 states that each vending machine selling tobacco is to be licensed as a separate place of business. The license will be posted in a conspicuous place on the machine. Rule also provides guidelines for application for license and to change the place of business. Section R865-20T-5 states that sellers of tobacco products are not required to post bond if previous seller has paid the tax on the products; and indicates how the amount of the bond shall be calculated. Section R865- 20T-7 clarifies that sales of cigarettes and tobacco products to vendors outside the state are not subject to this tax. This section also provides guidelines on records that must be maintained to evidence this exemption. Section R865-20T-8 requires manufacturers, jobbers, distributors, wholesalers, retailers, users, or consumers of tobacco products or cigarettes to keep records necessary to determine the amount of tax due on the sale and consumption of these products for a period of three years. Section R865-20T- 9 allows inventories of cigarettes held by manufacturers to be delivered to wholesalers or jobbers without being stamped. Records of those deliveries must be kept with information provided in the rule and made available to the Tax Commission. Section R865-20T-11 allows manufacturers, distributors, wholesalers, and retailers that are required to provide on a quarterly basis a copy of the importer's federal import permit and customs form, to exclude those items from enclosure with their quarterly report so long as that information is kept in their records, and provided to the Tax Commission upon request. Section R865-20T-12 defines a "counterfeit stamp" for purposes of the definition of a "counterfeit cigarette". Section R865-20T-13 indicates how the moisture content of a tobacco product shall be measured and how the tax on moist snuff shall be calculated. Section R865-20T-14 indicates how the directory of cigarettes approved for stamping and sale in the state shall be updated. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40980.htm No. 40981 (5-year Review): R865-21U. Use Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R865-21U-1 clarifies the purpose of the use tax and when the use tax applies. Section R865-21U-2 clarifies that all rules promulgated for sales taxes are applicable to use taxes. Section R865- 21U-6 sets forth a purchaser’s responsibilities with regard to payment of and accounting for use tax. Section R865-21U-16 clarifies that use tax is required on goods sold in interstate commerce but stored, used, or consumed within the state. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40981.htm COLLECTIONS No. 40982 (5-year Review): R867-2B. Delinquent Tax Collection. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R867-2B-1 clarifies that certain individuals may be subject to a tax lien. Section R867-2B-3 clarifies the procedures the Tax Commission follows prior to sale of property seized under a jeopardy assessment. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40982.htm MOTOR VEHICLE No. 40983 (5-year Review): R873-22M. Motor Vehicle. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R873-22M-2 clarifies documentation necessary for registration or titling of vehicles under unique circumstances. Section R873-22M-7 specifies procedures for transfer of license plates from one vehicle to another; and provides a method for determining additional registration fees if the gross laden weight of a vehicle registered by gross laden weight increases during the registration year. Section R873-22M-8 clarifies when a registration issued for a period of three, six, or nine calendar months expires. Section R873-22M-11 allows a driver to carry a copy of the original registration card in lieu of the original in state-owned or state-leased vehicles. Section R873-22M-14 clarifies positioning of decals on license plates. Section R873- 22M-15 sets forth procedures for applying for a state-issued vehicle identification number (VIN) if the original VIN has been removed or altered or if one never existed; the section also states where a state-issued VIN shall be placed on the vehicle. This section also sets forth specifications for state-issued VIN. Section R873-22M-16 establishes requirements for: 1) a lien holder who repossesses a motor vehicle to obtain title on that vehicle; 2) recording a new lien; and 3) issuing a new certificate of title showing the assignee as lienholder. Section R873-22M-17 provides criteria that an impound lot must meet to be used by the state of Utah. Section R873- 22M-20 defines "aircraft"; provides that aircraft subject to FAA registration shall be registered in Utah; provides a registration period; states that aircraft assessed as part of an airline by the Tax Commission are exempt from registration; requires a decal to be placed on a registered aircraft; and sets forth the contents of the database maintained by the Utah Division of Aeronautics on all aircraft based within the state. Section R873-22M-22 allows an out-of-state branded vehicle to be issued a comparable Utah branded title; states that Utah registration expires when a vehicle qualifies for a title brand; and defines "cost to repair or restore a vehicle for safe operation" for purposes of unbranding a vehicle. Section R873-22M-24 provides definitions of "cosmetic repairs" and "collision estimating guide recognized by the Motor Vehicle Enforcement Division" for purposed of unbranding salvage vehicles. Section R873-22M-25 requires written notification that a vehicle has been issued a salvage certificate or branded title to a prospective buyer on a form provided by the Motor Vehicle Enforcement Division; and states where the form must be displayed if the seller is a dealer. Section R873-22M-26 states that a certified vehicle inspector shall determine if an interim inspection is needed; states that vehicles repaired beyond the point of a required interim inspection may not be unbranded if the interim inspection has not been performed; and provides guidelines on when a repair may qualify a vehicle to receive an unbranded title. Persons performing the inspection must have an I-CAR certification. Section R873-22M-27 sets forth requirements individuals must meet to qualify for special group license plates. Section R873-22M-28 allows the owner of a vehicle that is forty years or older with a horseless carriage plate issued prior to 07/01/1992 the privilege of exchanging it for a vintage vehicle special group license plate issued after 07/01/1992. Section R873-22M-29 details what a removable and a temporary removable disabled windshield placard shall look like; and provides when the windshield placard may be issued and where it must be placed in the vehicle. Section R873-22M-30 defines the term "series" with regard to the issuance of an original issue license plate; and states that the numeric code on the original issue plate cannot mirror a numeric code on a license plate already in existence. Section R873-22M-32 defines certificate of title with regard to Section 41- 1a-1010; and requires an applicant with a vehicle eligible for retitling under Section 41-1a-1010 to receive a title consistent with the title at the time of application for a permit to dismantle. Section R873-22M-33 provides a definition of "private institution of higher education" and "standard collegiate degree" for purposes of collegiate license plates. Section R873- 22M-34 states conditions under which a personalized license plate may not be issued; allows an applicant the right to request a review of the denial; and provides procedures for review. Section R873-22M-35 if the user of a personalized plate fails to renew the plate within one year of the expiration, the plate will be considered surrendered to the division, and the plate may be reissued to a new requestor. Section R873-22M-36 defines "advisory notice" and provides the procedures necessary to access protected motor vehicle records by telephone or in person. Section R873-22M-40 provides a method to determine the age of a vehicle for purposes of determining the frequency of the state safety inspection required under Section 53-8-205. Section R873-22M-41 indicates when the commission shall issue a salvage certificate for a vehicle to an insurance company. Section R873-22M-42 indicates when the Tax Commission shall issue a nonrepairable certificate for a vehicle to an insurance company. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40983.htm MOTOR VEHICLE ENFORCEMENT No. 40984 (5-year Review): R877-23V. Motor Vehicle Enforcement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R877-23V-3 prohibits holders of a dealer license from working as a salesperson for another dealer. The rule does allow dealership owners to engage as no-fee salespersons for their own dealerships. Section R877-23V-5 establishes guidelines for issuance, placement, and records of temporary motor vehicle registration permits and extension permits issued by dealers. Section R877-23V-6 clarifies issuance of in-transit permits for piggybacked semitractors. Section R877-23V-7 sets forth standards of practice for advertising and sale of motor vehicles. Section R877-23V-8 requires all dealers, dismantlers, manufacturers, remanufactures, transporters, crushers, and body shops to post a legible sign at principal and additional places of business; and requires these entities to identify their vehicles through signage on the vehicles. Section R877-23V-10 requires all automobile manufacturers licensed in Utah, to comply with federal vehicle identification number (VIN) requirements. Section R877-23V-11 requires all persons licensed under Section 41-3-202 to notify the Motor Vehicle Enforcement Division immediately of any change in ownership, address, or circumstance relating to its fitness to be licensed. Section R877-23V-12 establishes criteria that must be met before the issuance of a motor vehicle-related license. Section R877-23V-14 requires a dealer issuing temporary permits to segregate and identify state-mandated fees. This section also requires a dealer to post a visible and prominent sign if the dealer charges a customer a dealer documentary service fee. Section R877-23V-16 provides that a lost or stolen special plate may be replaced only after it has expired; and requires a replaced special plate to be included in the calculation of special plates under Section 41-3-503. Section R877-23V-18 outlines qualifications for a salvage vehicle buyer license and evidence needed to support those qualifications. Section R877-23V-20 provides circumstances under which there is a rebuttable presumption that reasonable cause to deny, suspend, or revoke a license exists. Section R877-23V-22 indicates when reasonable cause to waive, reduce, or compromise a civil penalty does and does not exist. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40984.htm PROPERTY TAX No. 40985 (5-year Review): R884-24P. Property Tax. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R884-24P-5 defines "household income" with regard to property tax abatements or deferrals for indigent persons; and states that absence from residence due to vacation, confinement to hospital, or other temporary situations shall not be deducted from the 10-month residency requirement of Section 59-2-1109. Section R884-24P-7 defines terms; and provides a methodology for assessment of mining properties. Section R884-24P-10 defines terms and provides methodology necessary for taxation of underground rights in land that contains deposits of oil or gas; and also provides for withholding of these taxes. Section R884-24P-14 requires assessor to consider preservation easements when valuing historically significant real property and structures; and also requires property owners to inform the assessor of the preservation easement. Section R884-24P-16 defines terms and provides a methodology for valuing Interlocal Cooperation Act project entity properties; and refers to Section 11-13-25 which is renumbered. Section R884-24P-19 sets forth the ad valorem training and designation program. Section R884-24P-20 defines terms concerning the appraisal of property under construction and provides methodology for valuing that property. Section R884-24P-24 sets forth form county auditor must use to notify real property owners of property valuation and tax changes; and provides guidelines to be used in determining new growth, the certified tax rate, and increase in property tax revenues. Section R884-24P-27 defines terms related to the standards of assessment performance; sets forth standards of assessment performance regarding assessment level and uniformity; states when corrective action is necessary; and provides an alternate performance evaluation. Section R884-24P-28 sets forth a procedure for reporting heavy equipment leased or rented during the tax year. Section R884-24P-29 states situations when household furnishings, furniture, and equipment are subject to property tax. Section R884-24P-32 clarifies that leasehold improvements shall be included in the value of the underlying real property and assessed to the owner of the underlying real property unless the underlying real property is owned by an exempt entity. Section R884-24P-33 defines terms; and provides percent good schedules for all personal property to be used to arrive at the property's taxable value. Section R884-24P-35 requires the owner of property receiving a property tax exemption based on exclusive use for religious, charitable, or educational purposes to file an annual affidavit. Section R884-24P-36 sets forth items that must appear on the real property tax notice, in addition to items required in Section 59-2-1317. Section R884- 24P-37 requires the county assessor to maintain an appraisal record of all real property subject to assessment by the county; indicates what information shall be included in the record; requires the value of the land and improvements be shown separately. Section R884-24P-38 provides definitions and a methodology for assessing nonoperating railroad properties. Section R884-24P-40 clarifies when parsonages, rectories, monasteries, homes, and residences are used exclusively for religious purposes; and states that vacant land not actively used by the religious organization is not exempt from property tax. Section R884-24P-42 provides procedures an assessor must follow upon Tax Commission completion of audits of personal property and land subject to the Farmland Assessment Act. Section R884-24P-44 indicates who is the owner for purposes of the property tax exemption for the owner of equipment and machinery used for agricultural purposes; and clarifies when machinery and equipment are not used for farming purposes. Section R884-24P- 49 defines terms and provides a methodology for valuating a private rail car company apportioned to Utah. Section R884-24P-50 defines terms and provides a methodology for apportioning the Utah portion of commercial aircraft. Section R884-24P-52 defines terms and establishes criteria necessary for the determination of whether a residence is a primary residence in Utah. Section R884-24P-53 provides valuation tables for the valuation of land subject to the Farmland Assessment Act. Section R884-24P-55 requires each county to establish a written ordinance for real property sale procedures and indicates what issues the ordinance must address; the section also requires that the ordinance be displayed in a public place and be available to all interested parties. Section R884-24P-56 provides a formula to calculate the previous year's statewide rate; apportions vehicles assessed under Section 41-1a-301 at the same percentage filed with the Customer Service Division of the Tax Commission; and defines "principal route." Section R884-24P-57 defines terms related to a judgment levy; provides guidelines on a judgment levy public hearing and advertisement; and requires taxing entities to file with the Tax Commission a statement certifying that they meet the qualifications for imposing a judgment levy. Section R884-24P-58 indicates how the one-time decrease in the certified rate based on the county option sales tax shall be determined. Section R884-24P-59 indicates how the one-time decrease in the certified rate based on resort community sales tax shall be determined. Section R884-24P-60 excludes motorcycles from the definition of "motor vehicle"; and provides additional guidelines on the calculation of the age- based uniform fee on tangible personal property. Section R884-24P-61 defines "recreational vehicle" and excludes motorcycles from the definition of "motor vehicle"; and clarifies what types of personal property the uniform fee applies to; provides a formula to determine the fair market value of tangible personal property. Section R884-24P-62 defines terms related to state- assessed utility and transportation properties; and provides a methodology for valuation of state-assessed utility and transportation properties. Section R884-24P-63 requires a written customer service performance plan to be developed by the party contracting to collect both state registration fees and county property taxes on vehicles; and requires county offices and the Tax Commission to provide training. Section R884-24P-64 provides a formula for determining the taxable value of vehicles owned by disabled veterans and the blind for purposes of the property tax exemptions for the disabled veterans and the blind. Section R884-24P-65 defines "transitory personal property" and clarifies when this type of property is subject to a proportional assessment of property tax. Section R884-24P-66 defines "factual error;" indicates when a board of equalization must accept a property tax appeal that is filed beyond the period allowed under the statute of limitations; and sets forth criteria for county board of equalization hearing procedures. Section R884-24P-67 provides an annual reporting mechanism to assist county assessors in gathering data necessary for accurate valuation of low-income housing projects. Section R884-24P-68 provides guidance in determining whether a taxpayer qualifies for the property tax exemption for tangible personal property with a total aggregate fair market value of $3,500 or less. Section R884-24P-70 provides that county mass appraisal systems shall use accepted valuation methodologies to perform the annual update of all residential parcels and defines "accepted valuation methodologies"; and indicates what a detailed review of property characteristics includes. Section R884-24P-71 indicates how the Tax Commission will ensure that an equal property tax payment agreement does not impact the certified tax rate; and indicates the period for which an agreement is effective. Section R884-24P-72 allows a member of the State Farmland Evaluation Advisory Committee to participate electronically in a meeting of that committee. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov EFFECTIVE: 11/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40985.htm TRANSPORTATION PRECONSTRUCTION No. 40938 (5-year Review): R930-2. Public Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should remain in effect so the department can continue to promote public involvement in the highway program through public hearings and to provide procedures for conducting public hearings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 11/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40938.htm No. 40939 (5-year Review): R930-5. Establishment and Regulation of At-Grade Railroad Crossings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The laws authorizing this rule remain in effect, and the department complies with those laws by having this rule in place to improve the safety for all users of at-grade railroad crossings and provide for the efficient operation of trains, vehicles, and pedestrians through those crossings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 11/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40939.htm No. 40940 (5-year Review): R930-6. Access Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary for the department to govern approach roads and driveways; in-state rights-of-way, the installation, construction, maintenance, repair, renewal, system upgrade, and relocation of utilities; and the excavation and installation of other facilities, including telecommunication facilities, as authorized or required by Sections 72-3-109, 72-6-116, 72-7-102, and 72-7-108. This rule is also necessary to ensure the safe use and protection of federal-aid highways. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 11/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40940.htm PRECONSTRUCTION, RIGHT-OF-WAY ACQUISITION No. 40935 (5-year Review): R933-2. Control of Outdoor Advertising Signs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The law requiring effective control of outdoor advertising remains in force, and the Department is required to comply with the law by having this rule in place. Without this rule, the state could incur a recurring $30,000,000 penalty that would come out of the state's apportionment of federal highway funding monies. Therefore, this rule should be continued. The few public comments received during the last substantive update in 2015 were addressed as part of the customary rule update process. Beyond the feedback solicitations associated with the 2015 update process, no other comments have been received. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 11/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40935.htm No. 40936 (5-year Review): R933-5. Utah-Federal Agreement for the Control of Outdoor Advertising. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Utah-Federal Agreement is derived from the Federal Highway Beautification Act, which compels the states to "effectively control" outdoor advertising. Ten percent of all federal highway funding in the state of Utah is tied to the continuation of Rule R933-5. Failing to continue this rule would place the state of Utah in default violation of the Federal Highway Beautification Act, which would result a ten percent reduction of all available federal highway funding. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 11/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161201/40936.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40763 (AMD): R156-3a.Architect Licensing Act Rule Published: 10/01/2016 Effective: 11/07/2016 No. 40762 (AMD): R156-55b-302c.Qualifications for Licensure - Examination Requirements Published: 10/01/2016 Effective: 11/07/2016 No. 40764 (AMD): R156-76-502.Unprofessional Conduct Published: 10/01/2016 Effective: 11/07/2016 EDUCATION ADMINISTRATION No. 40788 (AMD): R277-109.Legislative Reporting and Accountability Published: 10/01/2016 Effective: 11/07/2016 No. 40789 (AMD): R277-116.Audit Procedure Published: 10/01/2016 Effective: 11/07/2016 No. 40790 (NEW): R277-513.Teacher Leader Published: 10/01/2016 Effective: 11/07/2016 No. 40791 (AMD): R277-600.Student Transportation Standards and Procedures Published: 10/01/2016 Effective: 11/07/2016 No. 40792 (AMD): R277-603.Autism Awareness Restricted Account Distribution Published: 10/01/2016 Effective: 11/07/2016 No. 40793 (AMD): R277-611.Certified Volunteer Instructors and Material Approval Requirements and Process for Firearm Safety in the Public Schools Published: 10/01/2016 Effective: 11/07/2016 No. 40794 (AMD): R277-708.Enhancement for At-Risk Students Program Published: 10/01/2016 Effective: 11/07/2016 No. 40795 (NEW): R277-715.Out-of-School Time Program Standards Published: 10/01/2016 Effective: 11/07/2016 No. 40796 (AMD): R277-914.Career and Technical Student Organizations Published: 10/01/2016 Effective: 11/07/2016 REHABILITATION No. 40797 (REP): R280-150.Adjudicative Proceedings Under the Vocational Rehabilitation Act Published: 10/01/2016 Effective: 11/07/2016 No. 40798 (REP): R280-200.Rehabilitation Published: 10/01/2016 Effective: 11/07/2016 No. 40799 (REP): R280-202.USOR Procedure for Individuals with the Most Significant Disabilities Published: 10/01/2016 Effective: 11/07/2016 No. 40800 (REP): R280-203.Certification Requirements for Interpreters and Transliterators for the Hearing Impaired Published: 10/01/2016 Effective: 11/07/2016 No. 40801 (REP): R280-204.Utah State Office of Rehabilitation Employee Background Check Requirement Published: 10/01/2016 Effective: 11/07/2016 HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 40709 (NEW): R384-205.Opiate Overdose Outreach Pilot Program Published: 09/15/2016 Effective: 11/07/2016 DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 40765 (NEW): R386-900.Special Measures for the Operation of Syringe Exchange Programs Published: 10/01/2016 Effective: 11/07/2016 HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 40774 (AMD): R477-101-18.Training Published: 10/01/2016 Effective: 11/07/2016 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 40768 (AMD): R523-11.Utah Standards for Approval of Alcohol and Drug Educational Providers and Instructors for Court-Referred DUI Offenders Published: 10/01/2016 Effective: 11/07/2016 NATURAL RESOURCES WILDLIFE RESOURCES No. 40758 (AMD): R657-11.Taking Furbearers Published: 10/01/2016 Effective: 11/07/2016 PUBLIC SAFETY DRIVER LICENSE No. 40759 (AMD): R708-41.Requirements for Acceptable Documentation, Storage and Maintenance Published: 10/01/2016 Effective: 11/08/2016 TAX COMMISSION PROPERTY TAX No. 40747 (AMD): R884-24P-33.2016 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301 Published: 10/01/2016 Effective: 11/07/2016 TRANSPORTATION OPERATIONS, CONSTRUCTION No. 40772 (AMD): R916-5.Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 10/01/2016 Effective: 11/08/2016 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 . <> ----------------------------