---------------------------- Utah State Digest, Vol. 2016, No. 24 (December 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed November 16, 2016, 12:00 AM through December 1, 2016, 11:59 PM Volume 2016, No. 24 December 15, 2016 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at http://www.rules.utah.gov/publicat/bulletin.htm. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at http://www.rules.utah.gov/. The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for January 2017 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/sn158209.htm Administrative Changes and Updates to the Medicaid State Plan - 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/2016/20161215/sn158229.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 16, 2016, 12:00 a.m., and December 1, 2016, 11:59 p.m. are summarized in this, the December 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the December 15, 2016, issue of the Utah State Bulletin until at least January 17, 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 April 14, 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 PURCHASING AND GENERAL SERVICES No. 41023 (Amendment): R33-8-102. Adding Additional Funds to a Contract. SUMMARY OF THE RULE OR CHANGE: Section R33-8-102 has been removed from Rule R33-8; however, it is labeled "Reserved". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget because the changes to this rule are technical in nature. The removal of the redundant language from Section R33-8-102 will remove the conflict between the section and its governing statute. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government because the changes to this rule are technical in nature. The removal of the redundant language from Section R33-8-102 will remove the conflict between the section and its governing statute. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the changes to this rule are technical in nature. The removal of the redundant language from Section R33-8-102 will remove the conflict between the section and its governing statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the changes to this rule are technical in nature. The removal of the redundant language from Section R33-8-102 will remove the conflict between the section and its governing statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because the changes to this rule are technical in nature. The removal of the redundant language from Section R33-8-102 will remove the conflict between the section and its governing statute. 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 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 - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41023.htm COMMERCE REAL ESTATE No. 41024 (Amendment): R162-2e. Appraisal Management Company Administrative Rules. SUMMARY OF THE RULE OR CHANGE: In Subsection R162-2e-102(3), amends the definition of business day. In Section R162-2e-304, the amendment: 1) changes and adds to the disclosures an AMC is required to disclose to an appraiser; 2) changes and adds to the notices an AMC is required to provide an appraiser; and 3) provides a presumption of compliance for an AMC that pays an appraiser compensation consistent with the United States Department of Veterans Affairs fee schedule. In Section R162-2e-306, the amendment: 1) specifies the manner in which an AMC may offer an appraisal assignment to an appraiser; and 2) specifies that if an AMC uses delivery time for completion of an appraisal report when ranking an appraiser, the AMC shall only use business days in the time calculation. 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 Appraisal Management Company Administrative 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 does create new obligations and sets new limitations for AMCs subject to the administrative rules. Some AMCs will likely incur compliance costs but these costs will vary among the AMCs and there is no way to determine the amount of these costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: A minor amendment is made to the definition of "business day" in Section R162-2e-102. The amendment to Section R162-2e-304 changes and adds to the disclosures an appraisal management company (AMC) makes to an appraiser and provides a presumption of payment of an appraiser at a customary and reasonable rate, if the compensation is consistent with the fee schedule published by the United States Department of Veterans Affairs Denver Regional Loan Center. Section R162-2e-306 is a new section that specifies the manner in which an AMC may offer an appraisal assignment to an appraiser and the manner in which the time of completion of an appraisal report is to be computed. The changed Section R162-2e-304 and the new section do create new obligations for AMCs, resulting in some additional costs of implementation. However, these changes are minor, and there is no way to determine with precision the amount of these costs. The fiscal impact to businesses is negligible. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 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: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41024.htm EDUCATION ADMINISTRATION No. 41033 (Amendment): R277-404. Requirements for Assessments of Student Achievement. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-404 provide updated terminology to the "Benchmark reading assessment" definition; and provide a revision date change for the "Standard Test Administration and Testing Ethics Policy" from 01/07/2016 to 09/09/2016. The changes to the "Standard Test Administration and Testing Ethics Policy" are slight wording changes and nonsubstantive. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-404 provide an updated definition and a revision date change, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-404 provide an updated definition and a revision date change, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-404 provide an updated definition and a revision date change, 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 R277-404 provide an updated definition and a revision date change, 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 R277-404 provide an updated definition and a revision date change, 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 01/17/2017 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: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41033.htm HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 41038 (Amendment): R386-702. Communicable Disease Rule. SUMMARY OF THE RULE OR CHANGE: Primary changes proposed in this rule amendment include: 1) making the definitions section more robust and comprehensive; 2) reformatting sections, and separating out some sections to clarify requirements for different types of reporters; 3) adding chikungunya and Zika virus as explicitly reportable conditions under "arboviral disease"; 4) adding non-seasonal influenza as an explicitly notifiable condition under "influenza infections", and adding it explicitly to the list of immediately notifiable conditions; 5) adding scientific names to all conditions and ensuring formatting throughout the list of reportable conditions is consistent; 6) adding a section regarding reporting of pregnancy for certain reportable conditions; 7) adding C. difficile and Zika virus to the list of conditions for which all results are reportable by ELR; 8) adding norovirus and liver function tests (LFTs) (for hepatitis) to the electronic laboratory reporting (ELR) section; 9) removing gonorrhea from the mandatory laboratory sample submission section; 10) adding Zika virus to the mandatory laboratory sample submission section; and 11) correcting formatting and wording errors in order to ensure clarity within sections of the rule. In addition, rabies information is updated according to the 2016 Rabies Compendium, and Compendium information is updated in the “References” section of the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The majority of proposed changes provide clarification or improve language and formatting overall and do not represent additional costs or savings beyond some small savings since less time will be required to review and interpret the rule. The two conditions being added to the list of reportable conditions (chikungunya and Zika virus) have already been implicitly reportable as unusual and emerging infections. Therefore, no additional costs or savings are anticipated through adding these conditions. Zika virus positive samples are already being sent to UPHL and CDC for confirmation; therefore, adding this to the mandatory laboratory sample submission list should be cost-neutral since it is formalizing a process already in place. Gonorrhea samples are not reliably sent to UPHL for testing; therefore, removing gonorrhea from the mandatory laboratory sample submission list should be cost-neutral for the state. Changes for electronic reporting are minimal since they entail minor programming changes in order to modify data feeds from reporting facilities, and to modify UDOH’s ability to receive data feeds. - LOCAL GOVERNMENTS: The main cost that may be incurred by Local Health Departments (LHDs) is personnel time required to manage detected norovirus outbreaks, if identified through ELR. LHD personnel already investigate these outbreaks, however, when detected through alternate means, so this should not represent a large increase in cost. Chikungunya and Zika virus cases are already being reported and investigated; updating the rule to include them as explicitly reportable is formalizing what is already occurring and is anticipated to be cost-neutral. - SMALL BUSINESSES: Electronic laboratory reporting is optional, so modifications to electronic laboratory reporting should not incur significant costs for small laboratories unless they are using it already and need to modify codes in order to add in/modify reporting according to proposed changed in conditions. In that case, costs associated with updating programming to identify and report new conditions and remove conditions will be incurred, but it is anticipated that this will result in significant savings over time since reporting is automated, ultimately requiring significantly less personnel time to manage. While significant savings are anticipated over time, it is not possible to accurately estimate actual costs or savings. This is because costs and savings will vary depending on elements within an entity, for example, the size and workload related to reportable conditions that is already present. Variables also include if, and what, work has already been done to implement and manage electronic laboratory reporting and if a decision is made to implement it. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: As noted above, the main cost that may be incurred by LHDs is personnel time required to manage detected norovirus outbreaks, if identified through ELR. LHD personnel already investigate these outbreaks, however, when detected through alternate means, so this should not represent a large increase in cost. Chikungunya and Zika virus cases are already being reported and investigated; updating the rule to include them as explicitly reportable is formalizing what is already occurring and is anticipated to be cost-neutral. Electronic laboratory reporting is optional, so modifications to electronic laboratory reporting should not incur significant costs for laboratories unless they are using it already and need to modify codes in order to add in/modify reporting according to proposed changes in conditions. In that case, costs associated with updating programming to identify and report new conditions and remove conditions will be incurred, but it is anticipated that this will result in significant savings over time since reporting is automated, ultimately requiring significantly less personnel time to manage. While significant savings are anticipated over time, it is not possible to accurately estimate actual costs or savings. This is because costs and savings will vary depending on elements within an entity, for example, the size and workload related to reportable conditions that is already present. Variables also include if, and what, work has already been done to implement and manage electronic laboratory reporting, and if a decision is made to implement it. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs associated with this amendment because potential costs are based on optional reporting methods. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment adds language related to the 2016 Council of State and Territorial Epidemiologists (CSTE) approved position statements. It also makes extensive changes to improve rule organization, formatting, and readability levels, and also makes general technical edits. There is some fiscal impact on business to individuals or entities under this rule because there may be minor programming changes for electronic reporting data feeds and LHDs may incur cost in its personnel time required to manage detected norovirus outbreaks, if identified through ELR. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Stevens Dimond by phone at 801-538-6810, by FAX at 801-538-9923, or by Internet E-mail at melissastevens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41038.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 41029 (Amendment): R426-9. Trauma and EMS System Facility Designations. SUMMARY OF THE RULE OR CHANGE: The amendments include the process whereby Level 1 and Level 2 trauma centers applications can be made and evaluated for need. The intent is to provide a fair method of determining if additional Level 1 or Level 2 trauma centers are needed for a given population center. The process will reduce unnecessary over-designation. Excessive numbers of Level 1 and Level 2 trauma centers would increase the cost to the overall system. It would not allow sufficient types of patients to be routinely treated, and thereby reduce the proficiency of specialized skill sets currently utilized in Level 1 and Level 2 trauma centers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated fiscal impact to the state budget because amendments update and clarify designation requirements based on need for additional trauma centers. - LOCAL GOVERNMENTS: There is no anticipated fiscal impact to local government budgets because amendments establish designation based on need for additional trauma centers. - SMALL BUSINESSES: There is no impact on small businesses. These amendments pertain to large hospitals at the highest designation levels. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated fiscal impacts. The amendments will establish hospital trauma designation levels based on need following national guidelines established by the American College of Surgeons. This prevents the designation of Level I and II trauma centers when none are required. It will allow for additional Level I and II trauma centers when the need is demonstrated. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons will not have any additional compliance costs. The amendments will possibly reduce the over- designation of higher levels of care, thereby maintaining current cost and preventing unnecessary costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment modifies the process of how an entity can apply to be a Level 1 or Level 2 trauma center and the criteria DOH will use in evaluating the applications for trauma center designations. The amendments were approved and supported by the Utah Trauma System Advisory Committee and the Utah EMS Committee. Since the rule clarifies the application procedures and internal evaluation criteria, it is anticipated that businesses will experience no fiscal impact beyond that required by current rule or statue. I approve publication of this proposed amendment to Rule R426-9. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41029.htm JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 41026 (Amendment): R597-3-8. Judicial Written Statements. SUMMARY OF THE RULE OR CHANGE: The rule amendment imposes a due date for written statements on judges eligible to provide one to JPEC. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change has no impact on the state budget because it only imposes a deadline on judges for submission of written statements. - LOCAL GOVERNMENTS: The change has no impact on local governments because it only imposes a deadline on judges for submission of written statements. - SMALL BUSINESSES: The commission has no authority with respect to small businesses and no dealings with small businesses; consequently, there is no impact on such entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The only affected persons are the judges who are eligible to submit a written statement to JPEC, pursuant to Subsection 78A-12-206(3). COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule amendment imposes a deadline. There are no associated compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is my opinion that application of this amendment will not create any fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim, or by Internet E-mail at jyim@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41026.htm No. 41027 (Amendment): R597-3-9. Judicial Discipline. SUMMARY OF THE RULE OR CHANGE: The rule expands the time period in which JPEC may consider a public sanction of a judge issued by the Utah Supreme Court. Under the rule, JPEC may consider a public sanction that is issued during the judge's evaluation cycle and after the evaluation cycle is completed and until the commission votes on whether to recommend the judge for retention. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This change has no impact on state budget because it only expands an evaluation period for one JPEC performance standard, judicial discipline. - LOCAL GOVERNMENTS: This change has no impact on local government because it only expands an evaluation for one JPEC performance standard, judicial discipline. - SMALL BUSINESSES: The commission has no authority with respect to small businesses and no dealings with small businesses; consequently, there is no impact on such entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The only affected persons are judges about whom the Supreme Court has issued a public sanction and who are subject to a JPEC evaluation. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule expands an evaluation period for a JPEC performance standard. There are no associated compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is my opinion that application of this amendment will not create any fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim, or by Internet E-mail at jyim@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41027.htm NATURAL RESOURCES PARKS AND RECREATION No. 41043 (Amendment): R651-411. OHV Use in State Parks. SUMMARY OF THE RULE OR CHANGE: The OHV Program within the Division of Utah Parks and Recreation is working with the Utah State Legislature for a recodification of Title 41, Chapter 22, and part of that process, as recommended by the OHV Advisory Council, is to clean up certain rules associated with Title 41, Chapter 22. Section R651-411-1 states that an "OHV" means "Off Highway Vehicle" and includes the following vehicle types: four wheel drive automobiles or trucks, all-terrain vehicles (ATVs) designed to carry one or two passengers, and snowmobiles. The language change would be consistent with current program operations, and the Utah Code definitions and would keep the Division of Utah Parks and Recreation operating within the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule would not increase or decrease the state budget as it streamlines consistency between the Utah Code and the rule change. - LOCAL GOVERNMENTS: The rule change would not have an impact on budgets, either negative or positive, with any local government entities. It would assist with local government information dissemination as it provides consistency with Utah Code definitions. - SMALL BUSINESSES: The rule change does not affect any small businesses as the rule is mainly geared towards park visitors using OHVs. Any concessionaire opportunities would already need to follow the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule changes do not cost or save any persons other than small businesses, businesses, or local government entities with funding as it merely provides consistency with the Utah Code definitions of Section 41-22- 2. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to affected persons. The rule changes provides consistency with the Utah Code definitions of Section 41-22-2. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41043.htm No. 41042 (Amendment): R651-614-5. Hunting with Firearms. SUMMARY OF THE RULE OR CHANGE: Section R651-614-5 currently conflicts with Section 76-10-508. Minimum distances required when discharging a firearm or other dangerous weapon outlined in Section 76-10-508 are far less restrictive than those required under Section R651-614-5. This has led to confusion with our division staff and the general public. The current rule only applies to hunting. Recreational discharge of a firearm or dangerous weapon within park boundaries outside of state park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps and developed beaches and at least 600 feet from any buildings is currently legal. If a person is hunting with the same weapon the current rule requires a much greater minimum distance. There is no logical reason for the difference in required minimum distances between Section R651-614-5 and Section 76-10-508. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost or savings will be incurred to the state budget since this section removal was only done to the Division of Utah Parks and Recreation into compliance with Section 76-10-508, and this change has no financial impact. - LOCAL GOVERNMENTS: No cost or savings will be incurred to local government since this section removal was only done to the Division of Utah Parks and Recreation into compliance with Section 76-10-508, and this change has no financial impact. - SMALL BUSINESSES: No cost or savings will be incurred to small business since this section removal was only done to bring the Division of Utah Parks and Recreation into compliance with Section 76-10-508, and this change has no financial impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost or savings will be incurred to persons other than small businesses, businesses, or local government entities since this section removal was only done to bring the Division of Utah Parks and Recreation into compliance with Section 76-10-508, and this change has no financial impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons since this section removal was done to bring the Division of Utah Parks and Recreation into compliance with Section 76-10-508. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change should have no fiscal impact to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41042.htm No. 41044 (Amendment): R651-633. Special Closures or Restrictions. SUMMARY OF THE RULE OR CHANGE: When Jenny's Canyon was constructed, the recommendation was made to close the trail annually from March 15 to June 1 to protect habitat and tortoises as they came out of hibernation. The seasonal closure was written into Snow Canyon State Park's Tortoise Management Plan in 2004 as a management strategy. Since the closure was written into the Snow Canyon Tortoise Management Plan a formal proposal was developed and as required under the Red Cliffs Desert Reserve Habitat Conservation Plan, went through review by both the Habitat Conservation Advisory and Technical Committees. In May 2016, after careful review and discussion, the Technical Committee determined that since 1996 multiple trails have been developed in the lower canyon of Snow Canyon State Park, and lifting the seasonal trail closure will not have a significant biological impact on tortoises. The Technical Committee recommended doing away with the closure. Removing the Jenny's Canyon seasonal closure was unanimously approved by the Red Cliffs Desert Reserve Habitat Conservation Advisory Committee in May of 2016. The rule change will expand access. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is a cost savings to state government of $300 for sign costs and staff labor for installation of the signs. The closure signs will no longer be in place. - LOCAL GOVERNMENTS: There are no costs or savings to local government as the trail affected is in Snow Canyon State Park and does not affect local government. The rule change will allow a longer season for access to the trail. - SMALL BUSINESSES: Jenny's Canyon Trail is a very short rail and is seldom used by private business partners. There was never a cost to them, and there won't be a cost with the change in the rule as the change will expand access to the trail by providing a longer season. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost or savings associated with persons other than small businesses, businesses, or local government entities because the change will allow a longer season for access to the trail. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to affected persons as the change will allow a longer season for access to the trail. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule change should have a positive impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41044.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41031 (Amendment): R746-341. Lifeline Rule. SUMMARY OF THE RULE OR CHANGE: The changes are: 1) participation in the Low-Income Home Energy Assistance Program (LIHEAP), the Temporary Assistance to Needy Families (TANF) program, or the National School Lunch Program's Free Lunch program will no longer qualify a Utah consumer for subsidized telephone service under the Lifeline program; 2) results of annual recertification efforts must be reported to eligible telecommunications carriers by the first business day of the month in which the verification was last performed; and 3) a participant who becomes ineligible for the Lifeline program must be given 60 days notice before being de-enrolled. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state has been administering the Lifeline program for many years and has the budget in place to continue that function. The modification to the eligibility and participant verification rules will not affect the state's administrative duties. No fiscal impact to the state is anticipated. - LOCAL GOVERNMENTS: Local governments are not required to enforce or comply with the Lifeline rules. No fiscal impact to local government is anticipated. - SMALL BUSINESSES: Small businesses that provide Lifeline telephone service must modify their eligibility review process. While doing so will require some attention, these changes do not create new costs for providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals who have been qualifying for the Lifeline program through participation in the LIHEAP, the TANF program, or the National School Lunch Program's Free Lunch program will have to demonstrate participation in a different low-income assistance program or provide financial information in order to continue participating. It is not anticipated that any individuals who are currently participating in the Lifeline program will lose the subsidy due to the new eligibility programs. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, an affected Lifeline service provider must make minor changes to its eligibility review process. No associated costs are anticipated. An affected Lifeline service recipient must demonstrate participation in a low-income assistance program other than the LIHEAP, the TANF program, or the National School Lunch Program's Free Lunch program in order to retain subsidized telephone service. A service recipient who does not participate in any of the approved low-income assistance programs may still qualify by demonstrating that yearly household income is less than 135% of the federal poverty level. No associated costs are anticipated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As explained in the rule analysis, the proposed amendments address administrative duties that are already being performed by affected businesses. These amendments do not impose new costs or result in any other fiscal impact for affected businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41031.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 17, 2017. From the end of the 30-day waiting period through April 14, 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 DRINKING WATER No. 40769 (Change in Proposed Rule): R309-535-5. Fluoridation. SUMMARY OF THE RULE OR CHANGE: The change in proposed rule for Section R309- 535-5 includes minor clarifications to the following requirements: chemical storage, secondary containment, electrical outlets for feed pumps, fluoride injection line, cross connection control, bulk tank venting for fluorosilicic acid installations, water meters for fluoride saturator water lines, and dust control for fluoride saturators and dry feeders. Several minor wording and punctuation changes were also made. (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 43. 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: The change in proposed rule should entail no costs or savings to the state budget. It should not require additional resources to manage the drinking water program nor should it result in a reduction of resources needed. - LOCAL GOVERNMENTS: The change in proposed rule should entail no costs or savings to local government because all changes to the rule are technical and clarifying in nature. - SMALL BUSINESSES: The change in proposed rule should entail no costs or savings to small businesses because all changes to the rule are technical and clarifying in nature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The change in proposed rule should entail no costs or savings to persons other than small businesses, businesses, or local government entities because all changes to the rule are technical and clarifying in nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected by the change in proposed rule are owners and operators of Public Water Systems. The change should have no effect on compliance costs for these persons because all changes to the rule are technical and clarifying in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The change in proposed rule should have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bernie Clark by phone at 801-536-0092, or by Internet E-mail at bernieclark@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/40769.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 ARCHIVES No. 41034 (5-year Review): R17-9. Electronic Participation at Meetings. 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 for electronic participation has allowed members of the Utah State Historical Records Advisory Board who live away from the anchor location to participate fully in meetings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Mumford by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at smumford@utah.gov EFFECTIVE: 11/30/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41034.htm COMMERCE CONSUMER PROTECTION No. 41035 (5-year Review): R152-6. Utah Administrative Procedures Act Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 63G-4-201 allows agencies to designate hearings as informal. In this rule, the agency designates its hearings as informal in accordance with that statute. Section R152-6-2 designates the Director as the Division's presiding officer, but allows the Director to designate another person to act in his stead, see Section 63G-4-103. Given the volume of Division cases, designation of a presiding officer is critical for the completion of other duties by the Director. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov EFFECTIVE: 12/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41035.htm No. 41036 (5-year Review): R152-15. Business Opportunity Disclosure Act Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R152-15 is important to the effective administration of the Business Opportunity Disclosure Act. It sets an appropriate filing fee, requires contact information to be disclosed with a filing, describes the procedure for amendments to filings with the Division, and provides other clarifications to businesses seeking to comply with the Business Opportunity Disclosure Act. Section R152-15-3 provides clarification about enforcement of the act with respect to compensated employees or independent contractors receiving support, advice, or training in certain circumstances. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov EFFECTIVE: 12/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41036.htm No. 41037 (5-year Review): R152-20. New Motor Vehicle Warranties. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R152-20 serves an important purpose in furthering enforcement and administration of the New Motor Vehicle Warranties Act. Section R152-20-2 provides definitions for undefined terms within the Act. These definitions provide predictability for enforcement of those terms. The definitions are also useful for those subject to the Act so they have a clear understanding of how to interpret those terms. Subsection R152-20-3(A) provides enforcement clarification for the procedure for repurchase of a leased nonconforming vehicle. Since the vehicle is leased rather than purchased, it is necessary to account for payments owing to the lienholder of record. Subsection R152-20-3(B) provides procedures for circumstances where the exact model of car is no longer in production at the time that the Act would require a replacement vehicle. This allows a workable solution for companies without requiring those companies to replace an exact model that no longer exists. This rule is effective in providing support to the Division's administration and enforcement of the New Motor Vehicle Warranties Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov EFFECTIVE: 12/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41037.htm No. 41039 (5-year Review): R152-22. Charitable Solicitations Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Division has utilized its statutory authority to issue rules to administer and enforce the CSA both from the Division's general statutory rulemaking powers, as well as the specific provisions authorizing the Division to issue rules within the CSA. This rule governs a variety of issues that affect the Division's ability to register professional fundraisers and charities and enforce the CSA. The Division has defined the term "parent foundation" as it appears in the CSA in Section R152-22-2. Defining what constitutes a parent foundation or parent organization eases the burden of administrative compliance by setting a defined standard for what that means. The rule also provides notice to organizations that the use of a vending device or decal in connection with charitable solicitations creates a presumption that the party utilizing the vending device or decal is acting as a regulated entity under the chapter. Section R152-22-3 allows the Division to collect additional identifying information and financial information important for the Division to make registration approval decisions. It also clarifies what charities may file that are new and have no financial history similar to Sections R152-22-3 and R152-22-6, and provides administrative guidance for the collection of information useful to the Division in making a permitting decision regarding professional fundraisers. Section R152-22-4 helps charities seeking to comply with the CSA by clarifying that the annual financial report or IRS Form 990 filed must be the most recent filed. It also clarifies that "30 days after the end of the year reported" means 30 days from the end of the registration year with the Division, as opposed to the company's financial year. Section R152-22-5 provides administrative support by describing the process for establishing a claim of exemption from CSA registration with the Division, and allowing the Division to charge a fee to cover the administrative costs of such a filing. The Division receives applications for registrations or permits that are incomplete with some frequency. Section R152-22-7 provides the Division flexibility to process incomplete applications in a grace period, and charge late fees for applications outside of that period. Section R152-22-8 requires written notification from professional fundraisers prior to the commencement of a new fundraising campaign. It also defines "not currently registered" for purposes of determining who a professional fundraiser may provide services for. Section R152-22-9 provides rules for emergency suspension of a registration or permit and establishes procedures for a hearing under an emergency suspension. In the event of fraud or other deceit by a registered charity or permitted fundraiser, it may be necessary for the Division to take action quickly as provided by this rule. Each of these sections under Rule R152-22 provide support to the Division's purposes in administering and enforcing the CSA. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov EFFECTIVE: 12/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41039.htm No. 41040 (5-year Review): R152-23. Utah Health Spa Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Health spas, as an industry, often hold consumer contracts that are prepaid or which contain authorization for continuing payments. Health spas may service thousands of Utah consumers at any given time. As such, it is important for administration and enforcement purposes to ensure that the health spas register with the state and inform the Division of any impending closures. If such a closure is to occur, the Division must be notified and precautions must be followed to prevent a possibility that consumers who have prepaid money or which have recurring payment agreements are not taken advantage of prior to the closing. The rule helps aid in administration and enforcement by providing important enforcement guidance in registration documentation, definitions, contracts, rights of recession, closing procedures, and required bonding. This rule is an active part of the division's administration and enforcement of the Health Spas Services Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov EFFECTIVE: 12/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41040.htm No. 41041 (5-year Review): R152-42. Uniform Debt-Management Services Act Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Uniform Debt-Management Act (the Act) provides several areas where rulemaking by the Division is required or authorized. The Act invites the Division to adopt a base year for purposes of adjusting dollar amounts specified in the Act, which it establishes in Section R152-42-6. The Division is also invited to declare the states where registration under that State's Uniform Debt-Management Services Act satisfies the Division's licensure requirements, which is established in Section R152-42-3. The Act does not define certification of counselors or what evidence of accreditation by an independent body means, so clarification is provided on those points in Sections R152-42-4 and R152-42-5. Finally, the rule provides for the submission of organizational documents in an application to provide proof that the business was organized by law. This rule either is mandated by the Act, or furthers the administrative and enforcement of the Act by the Division. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov EFFECTIVE: 12/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41041.htm EDUCATION ADMINISTRATION No. 41032 (5-year Review): R277-404. Requirements for Assessments of Student Achievement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-404 continues to be necessary because it provides procedures for a Board developed and directed comprehensive assessment system for all students, as required by state and federal law. 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: 11/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41032.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 41028 (5-year Review): R392-400. Temporary Mass Gatherings 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 R392-400 is recommended as it provides standards for sanitation at temporary mass gatherings statewide. There is a consensus among the local health departments in favor of these amendments, and UDOH concurs. Regarding the Salt Lake County Health Department (SLCoHD) comment: there is consensus among the local health departments, and UDOH concurs, that the change in threshold for defining a temporary mass gathering will have a minimal negative health impact on the health of the public. This change will bring Utah more in line with average similar standards in other states. UDOH understands that SLCoHD has a concern that small events pose a significant health risk from their own local observations, but it is not a concern shared state wide. SLCoHD is encouraged to collect quantitative data to support their claim, and with this data, UDOH may reassess this issue. Regarding the other SLCoHD comment: the proposed amendments do not address permitting, but do change how a "temporary mass gathering" is defined. UDOH rules of sanitation may require an event of location to have a permit from a local health department to operate, but no rule will give direction on how to issue permits. To do so would infringe on the authority and responsibility of the local health departments. While the intent of the submission is understood, any further amendments would need to not include how an event may be permitted, which is the primary focus of the comment. To meet the perceived intention of the comment would require not adopting the proposed amendments to Rule R392-400 which change the definition of a "temporary mass gathering". The objection to the change in definition, however, has already been discussed and addressed in the first round of public comments. Regarding the Weber-Morgan Health Department comment: the purpose of Rule R392-400 is to provide standards of sanitation to protect the health of patrons at a mass gathering event. It would be inappropriate for this rule to put requirements on another licensed profession aside from environmental health personnel. The changes to Rule R392-400 require in general terms that licensed emergency medical personnel be on-site. It is expected that these professionals will be able to ascertain from a more experienced and learned perspective what equipment, skills, and procedures are needed for them to practice their profession at any event. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 11/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41028.htm HUMAN SERVICES PUBLIC GUARDIAN (OFFICE OF) No. 41030 (5-year Review): R549-1. Eligibility and Service Priority. 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 needs to be continued in order to provide the public and the agency clear eligibility and service priority information regarding potential clients of the Office of Public Guardian. 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 - Shannon Alvey by phone at 801-538-4119, by FAX at 801-538-8243, or by Internet E-mail at salvey@utah.gov EFFECTIVE: 11/28/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41030.htm INSURANCE ADMINISTRATION No. 41025 (5-year Review): R590-91. Credit Life Insurance and Credit Accident and Health Insurance. 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 protects the interests of debtors and the public in this state and ensures a fair and equitable credit insurance market by establishing a system of reasonable rating, policy form, and operating standards for transaction of credit life, accident, and health insurance. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 11/17/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161215/41025.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. CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 40814 (AMD): R131-13.Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 10/15/2016 Effective: 11/21/2016 CRIME VICTIM REPARATIONS ADMINISTRATION No. 40833 (AMD): R270-1-4.Counseling Awards Published: 10/15/2016 Effective: 11/21/2016 No. 40806 (REP): R270-4.Government Records Access and Management Act Published: 10/15/2016 Effective: 11/21/2016 ENVIRONMENTAL QUALITY DRINKING WATER No. 40770 (AMD): R309-105-15.Annual Reports Published: 10/01/2016 Effective: 11/22/2016 No. 40771 (AMD): R309-400-12.Reporting and Record Maintenance Issues Published: 10/01/2016 Effective: 11/22/2016 ENVIRONMENTAL RESPONSE AND REMEDIATION No. 40752 (AMD): R311-200.Underground Storage Tanks: Definitions Published: 10/01/2016 Effective: 01/01/2017 No. 40753 (AMD): R311-201.Underground Storage Tanks: Certification Programs and UST Operator Training Published: 10/01/2016 Effective: 01/01/2017 No. 40754 (AMD): R311-202.Underground Storage Tank Technical Standards Published: 10/01/2016 Effective: 01/01/2017 No. 40756 (AMD): R311-206.Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms Published: 10/01/2016 Effective: 01/01/2017 No. 40757 (AMD): R311-212.Administration of the Petroleum Storage Tank Loan Program Published: 10/01/2016 Effective: 01/01/2017 HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 40632 (AMD): R384-415.Electronic-Cigarette Substance Standards Published: 09/01/2016 Effective: 12/29/2016 DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 40846 (AMD): R388-805.Ryan White Program Published: 10/15/2016 Effective: 11/30/2016 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40845 (AMD): R414-60.Medicaid Policy for Pharmacy Program Published: 10/15/2016 Effective: 12/01/2016 CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 40850 (AMD): R428-1.Health Data Plan and Incorporated Documents Published: 10/15/2016 Effective: 11/28/2016 No. 40847 (AMD): R428-12.Health Data Authority Survey of Enrollees in Health Plans Published: 10/15/2016 Effective: 11/21/2016 LABOR COMMISSION ADJUDICATION No. 40803 (AMD): R602-2-4.Attorney Fees Published: 10/15/2016 Effective: 11/28/2016 INDUSTRIAL ACCIDENTS No. 40804 (AMD): R612-200-2.Payment of Benefits, Interest and Attorney Fees Published: 10/15/2016 Effective: 11/28/2016 No. 40818 (AMD): R612-300-4.General Method for Computing Medical Fees Published: 10/15/2016 Effective: 11/28/2016 No. 40817 (AMD): R612-300-8.Travel Allowance for Injured Workers Published: 10/15/2016 Effective: 11/28/2016 No. 40815 (AMD): R612-400-5.Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund Published: 10/15/2016 Effective: 11/28/2016 No. 40819 (REP): R612-500.Procedural Guidelines for the Reemployment Act Published: 10/15/2016 Effective: 11/28/2016 NATURAL RESOURCES ADMINISTRATION No. 40839 (NEW): R634-2.Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 10/15/2016 Effective: 11/22/2016 WILDLIFE RESOURCES No. 40832 (AMD): R657-41.Conservation and Sportsman Permits Published: 10/15/2016 Effective: 11/28/2016 SCIENCE TECHNOLOGY AND RESEARCH GOVERNING AUTH. ADMINISTRATION No. 40655 (REP): R856-1.Formation and Funding of Utah Science Technology and Research Innovation Teams Published: 09/01/2016 Effective: 11/16/2016 No. 40657 (NEW): R856-1.USTAR Technology Acceleration Program Grants Published: 09/01/2016 Effective: 11/16/2016 No. 40656 (REP): R856-2.Distribution of Utah Science Technology and Research Commercialization Revenues Published: 09/01/2016 Effective: 11/16/2016 No. 40681 (NEW): R856-2.USTAR University-Industry Partnership Program Grants Published: 09/01/2016 Effective: 11/16/2016 No. 40682 (NEW): R856-3.USTAR University Technology Acceleration Grants Published: 09/01/2016 Effective: 11/16/2016 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 . <> ----------------------------