---------------------------- Utah State Digest, Vol. 2017, No. 1 (January 1, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed December 2, 2016, 12:00 AM through December 15, 2016, 11:59 PM Volume 2017, No. 1 January 1, 2017 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 *********************************************** 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 Fourteenth Extraordinary Session, Utah Proclamation No. 2016-14E - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2017/ExecDoc158252.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 December 2, 2016, 12:00 a.m., and December 15, 2016, 11:59 p.m. are summarized in this, the January 1, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the January 1, 2017, issue of the Utah State Bulletin until at least January 31, 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 May 1, 2017, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. AGRICULTURE AND FOOD HORSE RACING COMMISSION (UTAH) No. 41102 (Amendment): R52-7. Horse Racing. SUMMARY OF THE RULE OR CHANGE: The rule changes allow tests on horse to be conducted at the discretion of the veterinarian. It creates a separate definition of owners to clarify licensing issues. Further, it details how Lasix is to be administered and by whom. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change does not have an impact on how the state manages horse racing. There will be no cost to the state budget. However, the changes clarify how owners are to be licensed. This change could increase the funds to the Horse Racing Commission. The owner's licensing fee is $50. - LOCAL GOVERNMENTS: Local governments have no role in the enforcement of this rule. As such, there will be no costs or savings to their budgets. - SMALL BUSINESSES: This rule change does not change the registration fee required for an owner's license; it only requires that all the people listed as an owner on the horses papers be licensed as an owner. Thus, small business should not be affected by the rule, unless they have a horse registered under multiple individuals at which point each individual would have to pay the $50 registration fee. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule again will have a limited impact on the individuals. If the horse is registered under more than one individual, then each of the individuals will have to pay a $50 licensing fee to participate. COMPLIANCE COSTS FOR AFFECTED PERSONS: The only compliance cost will be if the horse is registered under more than one individual. Then each person listed on the registration will have to pay $50 for the license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule changes are a result of a request from those involved in the horse racing industry. The only additional cost will be if the horse is registered under more than one person. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41102.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41047 (Amendment): R156-5a. Podiatric Physician Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R156-5a-302a is amended to conform to Subsection 58-5a-302(5), increasing postgraduate training residency requirements from 12 months to 2 years. Minor formatting changes are also made throughout. Section R156-5a-302b proposes to amend this rule to update the licensing exam requirements as follows: 1) eliminate the Utah Podiatric law exam; and 2) delete the proof of eligibility requirement for the National Board of Podiatric Medical Education ( NBPME) and PMLexis exams, as successful completion of these exams is already required for graduation from a podiatric physician school. Section R156-5a-304 is amended to implement H.B. 186 (2016). The amended section allows a podiatric physician to fulfill a portion of the physician's continuing education requirement by providing volunteer health care services in a qualified health care facility. For every four hours of volunteer health care services, the podiatric physician may receive one hour of continuing education credit, up to 15% of the required continuing education. Minor formatting changes are also made throughout. Section R156-5a-305 is amended to correct a statute citation to the radiology courses approved by the Podiatric Physician Board. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: In Section R156-5a-302a, the proposed amendments may apply to a local government it if employs podiatric physicians who now have to complete 2 years of postgraduate training instead of 12 months of postgraduate training. This may decrease the opportunity for licensure progression and make some licensees less serviceable to current and potential local government employers. However, a local government may also benefit from an employee's increased experience and aptitude resulting from the additional postgraduate training. The aggregate impact cannot be estimated as it will vary depending on circumstances. In Section R156-5a-302b, no costs or savings to local government are anticipated from this proposed amendment, because they are not involved in these licensing exam requirements. In Section R156-5a-304, the proposed changes and amendments apply only to those persons who are required to be licensed as a podiatric physician and choose to earn continuing education credit by providing volunteer services. The volunteer services provided could possibly benefit a local government by increasing the health of any population it serves that would otherwise go without health care for financial reasons. The amount of the savings cannot be estimated as it will vary depending on circumstances. In Section R156-5a-305, no costs or savings to local government are anticipated from this proposed citation correction. - SMALL BUSINESSES: In Section R156-5a-302a, the proposed amendments may apply to a small business if it has podiatric physicians who now have to complete 2 years of postgraduate training instead of 12 months of postgraduate training. This may decrease the opportunity for licensure progression, making some physicians less serviceable to current and potential small business employers, and preventing some physicians from having their own small businesses during their second year of residency. However, small business employers and small business owners may benefit from increased physician experience and aptitude resulting from the additional postgraduate training. The aggregate impact cannot be estimated as it will vary depending on circumstances. In Section R156-5a-302b, no costs or savings to small businesses are anticipated from this proposed amendment, because they are not involved in these licensing exam requirements. In Section R156-5a-304, podiatric physicians who own small businesses and provide volunteer services may be impacted by the cost of recordkeeping and lost revenue if they substitute time they could be billing for professional services to provide volunteer health care services. However, these health care professionals will save on the cost of attendance at a continuing education course, and they may also received "goodwill" benefits in their community from their volunteer services. The amount of the cost or savings cannot be estimated as it will vary from business to business depending on the amount of volunteer services provided. In Section R156-5a-305, no costs or savings to small businesses are anticipated from this proposed citation correction. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In Section R156-5a-302a, applicants for a podiatric physician license will be impacted as they will be required to have completed two years of residency training prior to qualifying for licensure. This may change the activities these physicians can undertake in their second year of residency, and it is likely to lower their earning potential during their second year of residency. However, the Division is not able to determine any exact amount of compliance costs due to varying circumstances. In Section R156-5a-302b, applicants for podiatric physician licenses will experience some savings, as they will no longer be required to take the Utah Podiatric Law Exam and will no longer be required to submit proof to the Division that the applicant is eligible to take the National Board of Podiatric Medical Examiners (NBPME) and Podiatric Medicine Licensing examination (PMLexis) exams. Proof of the exams is included in the information from graduate programs. However, the Division is not able to determine any exact amount of savings due to varying circumstances. In Section R156-5a-304, licensees will bear the cost of the services provided relative to their time spent providing the service, as well as any costs required for them to document the services provided. The uninsured, underserved, and indigent population will benefit from increased availability of health care services and improved opportunity for these services. In Section R156-5a-305, no costs or savings are anticipated from this statute citation correction. COMPLIANCE COSTS FOR AFFECTED PERSONS: In Section R156-5a-302a, an applicant for a podiatric physician license will be impacted as the applicant will be required to have completed two years of residency training prior to qualifying for licensure. This may change the activities the physician can undertake in the physician's second year of residency, and it is likely to lower the physician's earning potential during the physician's second year of residency. However, the Division is not able to determine any exact amount of compliance costs due to varying circumstances. In Section R156-5a-302b, no compliance costs are anticipated from this amendment. An applicant for a podiatric physician license will save money, as the applicant will no longer be required to take the Utah Podiatric Law Exam, and will no longer be required to submit proof to the Division that the applicant is eligible to take the National Board of Podiatric Medical Examiners (NBPME) and Podiatric Medicine Licensing examination (PMLexis) exams. In Section R156-5a-304, a licensee will bear the cost of the services provided relative to the licensee's time spent providing the service, as well as any costs required for them to document the services provided. In Section R156-5a-305, no compliance costs are anticipated from this statute citation correction. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment to Section R156-5a-302a provides that the postgraduate training residency requirement is increased from 12 months to 2 years. The aggregate impact of this amendment cannot be estimated as it will vary depending on circumstances. The amendment will decrease the opportunity for licensure progression and will preclude podiatric physicians from having their own small business during their second year of residency. The amendment to Section R156-5a-302b deletes certain licensing exam requirements and will have a negligible impact on businesses. The amendment to Section R156-5a-304 permits a podiatric physician to satisfy up to 15% of the continuing education requirement by providing volunteer health care services and will have a negligible impact on businesses. The amendment to Section R156-5a-305 merely corrects a citation to a provision of the Utah Code and will have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41047.htm EDUCATION ADMINISTRATION No. 41086 (Amendment): R277-106. Utah Professional Practices Advisory Commission Appointment Process. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection; and provide technical and conforming changes throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection, 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 R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection, 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 update procedures to clarify the nominating and application process for UPPAC membership and selection, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41086.htm No. 41073 (Amendment): R277-113. LEA Fiscal Policies and Accountability. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-113 provide new and amended definitions; provide updated procedures to clarify responsibilities of a local education agency (LEA); provide updated procedures and requirements for required LEA fiscal policies; and provide technical and conforming changes throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-113 provide updated procedures for LEA fiscal policies, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-113 provide updated procedures for LEA fiscal policies, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-113 provide updated procedures for LEA fiscal policies, 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 R277-113 provide updated procedures for LEA fiscal policies, 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 R277-113 provide updated procedures for LEA fiscal policies, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41073.htm No. 41074 (Amendment): R277-114. Corrective Action and Withdrawal or Reduction of Program Funds. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-114 provide additional methods of corrective action and appeals for an LEA that has been placed on a correction action plan; and provide technical and conforming changes throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments provide additional methods of corrective action and appeal opportunity, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments provide additional methods of corrective action and appeal opportunity, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments provide additional methods of corrective action and appeal opportunity, 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 provide additional methods of corrective action and appeal opportunity, 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 provide additional methods of corrective action and appeal opportunity, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41074.htm No. 41087 (Amendment): R277-210. Utah Professional Practices Advisory Commission (UPPAC), Definitions. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-210 update the definition of NASDTEC Educator Information Clearinghouse to include those educators being placed on probation or receiving a letter of reprimand. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to Rule R277-210 provide for educators being placed on probation or receiving a letter of reprimand to be reported to the NASDTEC Educator Information Clearinghouse, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The changes to Rule R277-210 provide for educators being placed on probation or receiving a letter of reprimand to be reported to the NASDTEC Educator Information Clearinghouse, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The changes to Rule R277-210 provide for educators being placed on probation or receiving a letter of reprimand to be reported to the NASDTEC Educator Information Clearinghouse, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The changes to Rule R277-210 provide for educators being placed on probation or receiving a letter of reprimand to be reported to the NASDTEC Educator Information Clearinghouse, 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 changes to Rule R277-210 provide for educators being placed on probation or receiving a letter of reprimand to be reported to the NASDTEC Educator Information Clearinghouse, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41087.htm No. 41088 (Amendment): R277-211-6. Proposed Consent to Discipline. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-211 update the rule to include, in the notification and reporting requirements, those educators being placed on probation or receiving a letter of reprimand. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to R277-211 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The changes to Rule R277-211 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The changes to Rule R277-211 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The changes to Rule R277-211 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, 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 changes to Rule R277-211 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41088.htm No. 41089 (Amendment): R277-212. UPPAC Hearing Procedures and Reports. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-212 update the rule to include, in the notification and reporting requirements, those educators being placed on probation or receiving a letter of reprimand. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to Rule R277-212 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The changes to Rule R277-212 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The changes to R277-212 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The changes to Rule R277-212 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, 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 changes to Rule R277-212 provide for those educators being placed on probation or receiving a letter of reprimand to be included in notification and reporting requirements, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41089.htm No. 41090 (Amendment): R277-409. Public School Membership in Associations. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-409 provide two new sections. Section R277-409-4 provides procedures for transferring student eligibility to participate in association activities, and Section R277-409-5 provides procedures for appeals of association actions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-409 provide provisions for transferring student eligibility and appeals of association actions, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-409 provide provisions for transferring student eligibility and appeals of association actions, which may result in a cost to public schools. The cost is speculative. - SMALL BUSINESSES: The amendments to Rule R277-409 provide provisions for transferring student eligibility and appeals of association actions, 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 R277-409 provide provisions for transferring student eligibility and appeals of association actions, which may result in a cost to an association that governs public education interscholastic activities if a public school is a member of the association. The cost is speculative. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-409 provide provisions for transferring student eligibility and appeals of association actions, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41090.htm No. 41091 (Repeal): R277-425. Budgeting, Accounting, and Auditing for Utah Local Education Agencies (LEAs). SUMMARY OF THE RULE OR CHANGE: Rule R277-425 specifies uniform budgeting, accounting, and auditing procedures for LEAs consistent with Generally Accepted Accounting Principles (GAAP) and Generally Accepted Auditing Standards (GAAS). These provisions are moved to Rule R277-113; therefore, the rule is being repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The provisions from this repealed rule are moved to Rule R277-113, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The provisions from this repealed rule are moved to Rule R277-113, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The provisions from this repealed rule are moved to Rule R277-113, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The provisions from this repealed rule are moved to Rule R277-113, 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 provisions from this repealed rule are moved to Rule R277-113, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41091.htm No. 41075 (New Rule): R277-521. National Board Certification Reimbursement. SUMMARY OF THE RULE OR CHANGE: This new Rule R277-521 provides definitions and application procedures for an eligible educator to be reimbursed costs paid to attain or renew a National Board certification. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-521 provides procedures for an educator to be reimbursed for costs to attain or renew a National Board certification, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-521 provides procedures for an educator to be reimbursed for costs to attain or renew a National Board certification, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new Rule R277-521 provides procedures for an educator to be reimbursed for costs to attain or renew a National Board certification, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Educators who attain or renew a National Board certification will be reimbursed the cost, subject to legislative appropriation and on a first- come, first-served basis. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-521 provides procedures for an educator to be reimbursed for costs to attain or renew a National Board certification, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41075.htm No. 41092 (Amendment): R277-526. Paraeducator to Teacher Scholarship Program. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R277-526 provide revised definitions, clarification of Board involvement in the scholarship committee, and add additional criteria for determining funding for applicants. Technical and conforming changes are also provided throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-526 are procedural and for clarification purposes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-526 are procedural and for clarification purposes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-526 are procedural and for clarification purposes, 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 R277-526 are procedural and for clarification purposes, 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 R277-526 are procedural and for clarification purposes, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41092.htm No. 41093 (Amendment): R277-602. Special Needs Scholarships - Funding and Procedures. SUMMARY OF THE RULE OR CHANGE: The responsibilities of parents, local education agencies, the Utah State Board of Education, and private schools that receive special needs scholarship funding are amended to clarify program requirements. Technical and conforming changes are also made. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to Rule R277-602 are for clarification purposes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The changes to Rule R277-602 are for clarification purposes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The changes to Rule R277-602 are for clarification purposes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The changes to Rule R277-602 are for clarification purposes, 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 changes to Rule R277-602 are for clarification purposes, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41093.htm No. 41076 (New Rule): R277-752. Special Education Intensive Services Fund. SUMMARY OF THE RULE OR CHANGE: This new Rule R277-752 provides definitions and an application and distribution formula process for a local education agency (LEA) to receive an annual allocation from the special education intensive services fund. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-752 provides for an LEA to receive an annual allocation from the special education intensive services fund, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Some LEAs will receive funding to offset the costs of serving students whose educational program exceeds three times the state average per pupil expenditures. Savings to LEAs are speculative at this time. - SMALL BUSINESSES: This new Rule R277-752 provides for an LEA to receive an annual allocation from the special education intensive services fund, 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 R277-752 provides for an LEA to receive an annual allocation from the special education intensive services fund, 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 R277-752 provides for an LEA to receive an annual allocation from the special education intensive services fund, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41076.htm No. 41094 (Amendment): R277-915. Work-Based Learning Programs for Interns. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-915 provide changes to definitions and move provisions from Rule R277-916 to this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-915 provide updates to terminology and move provisions, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-915 provide updates to terminology and move provisions, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-915 provide updates to terminology and move provisions, 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 R277-915 provide updates to terminology and move provisions, 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 R277-915 provide updates to terminology and move provisions, 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41094.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 41099 (Amendment): R307-125. Clean Air Retrofit, Replacement, and Off- Road Technology Program. SUMMARY OF THE RULE OR CHANGE: The 50% limit on the percentage of CARROT funds that may be used toward a program like the Lawn Mower Exchange has been eliminated. If this rule is adopted, any percentage of the CARROT funds may be used for the Lawn Mower Exchange Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to the state budget, because the rule amendment does not change the amount of money in the CARROT fund; it only affects where the money can go. - LOCAL GOVERNMENTS: There is no cost or savings to the local governments, because the rule amendment does not change the amount of money in the CARROT fund; it only affects where the money can go. - SMALL BUSINESSES: There is likely no cost or savings to small businesses, because the rule amendment does not change the amount of money in the CARROT fund; it only affects where the money can go. The only business that may notice a difference is the business that partners with the state to do a lawn mower exchange. If the Division allocates more of the funds toward a lawn mower exchange, then it is likely that the business would be able to make more money selling a greater number of lawn mowers for the exchange. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost or savings to "other persons", because the rule amendment does not change the amount of money in the CARROT fund; it only affects where the money can go. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons, because the rule does not change the total amount of money in the program; it only gives the Division more flexibility in deciding how the money is spent. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment will have little to no fiscal impact on businesses. The only business that may notice a difference is the business that partners with the state to do a lawn mower exchange. If the Division allocates more of the funds toward a lawn mower exchange, then it is likely that the business would be able to make more money selling a greater number of lawn mowers for the exchange. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41099.htm No. 41100 (Amendment): R307-841. Residential Property and Child-Occupied Facility Renovation. SUMMARY OF THE RULE OR CHANGE: These amendments reduce the training burden and costs to the regulated community by allowing electronic training as an option for the LBP renovator refresher course. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings to the state budget because the rule amendment only impacts how the regulated community is able to take "renovator refresher courses." The state does not have any new financial obligations regarding the new online course. - LOCAL GOVERNMENTS: There will be no cost or savings to the local government because the rule amendment only impacts how the regulated community is able to take "renovator refresher courses." Local governments do not have any new financial obligations regarding the new online course. - SMALL BUSINESSES: There may be a savings to small businesses that participate in "renovator refresher courses." The ability to take the course online could save some companies money because hosting or attending an in- person course can cost people money commuting. Any savings gained from taking an online class cannot be estimated as the avoided commute will vary from person to person. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons will see a small savings because the rule enables people to take the course online. This could save people gas money and other small costs associated with commuting. Any savings gained from taking an online class cannot be estimated as the avoided commute will vary from person to person. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule amendments add no new compliance costs for the regulated community because the rule is allowing people to take the course online so that people can save money and time on commuting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be a savings to businesses that participate in "renovator refresher courses." The ability to take the course online could save some companies money. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41100.htm No. 41101 (Amendment): R307-842. Lead-Based Paint Activities. SUMMARY OF THE RULE OR CHANGE: These amendments reduce the training burden and costs to the regulated community by allowing electronic training as an option for the LBP renovator refresher course. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings to the state budget, because the rule amendment only impacts how the regulated community is able to take "renovator refresher courses." The state does not have any new financial obligations regarding the new online course. - LOCAL GOVERNMENTS: There will be no cost or savings to the local government because the rule amendment only impacts how the regulated community is able to take "renovator refresher courses." Local governments do not have any new financial obligations regarding the new online course. - SMALL BUSINESSES: There may be a savings to small businesses that participate in "renovator refresher courses." The ability to take the course online could save some companies money because hosting or attending an in- person course can cost people money commuting. Any savings gained from taking an online class cannot be estimated as the avoided commute will vary from person to person. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons will see a small savings because the rule enables people to take the course online. This could save people gas money and other small costs associated with commuting. Any savings gained from taking an online class cannot be estimated as the avoided commute will vary from person to person. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule amendments add no new compliance costs for the regulated community because the rule is allowing people to take the course online so that people can save money and time on commuting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be a savings to businesses that participate in "renovator refresher courses." The ability to take the course online could save some companies money. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41101.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41104 (Amendment): R414-1-5. Incorporations by Reference. SUMMARY OF THE RULE OR CHANGE: The Department incorporates by reference the Utah Medicaid State Plan and approved State Plan Amendments (SPAs) to 01/01/2017. Specifically, the Department incorporates by reference the following SPAs: SPA 16-0003-UT Mandatory Coverage for Pregnant Women, which updates mandatory coverage for pregnant women with accompanying applications for food stamps, financial assistance, child care, and medical assistance; SPA 16-0004-UT General Eligibility Requirements, which updates general eligibility requirements with accompanying applications for food stamps, financial assistance, child care, medical assistance, and combined medical assistance programs; SPA 16-0005-UT Presumptive Eligibility by Hospitals, which updates presumptive eligibility by hospitals with accompanying applications for both combined medical assistance programs and hospital presumptive eligibility; and SPA 16-0027-UT Medicaid Recovery Audit Contractors, which reimburses recovery audit contractors on a flat-fee basis rather than a contingency basis for the work of identifying overpayments and underpayments in the Medicaid program. This proposed rule also incorporates by reference the following Medicaid provider manuals: Medical Supplies and Durable Medical Equipment Utah Medicaid Provider Manual, and the manual's attachment for Donor Human Milk Request Form, effective 01/01/2017; Hospital Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2017; the Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid, effective 01/01/2017; the Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual, effective 01/01/2017; the Hospice Care Utah Medicaid Provider Manual, and the manual's attachment for the Utah Medicaid Prior Authorization Request for Hospice Services, effective 01/01/2017; the Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual, with its attachments, effective 01/01/2017; the Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual, effective 01/01/2017; the Personal Care Utah Medicaid Provider Manual, and the manual's attachment for the Request for Prior Authorization: Personal Care and Capitated Programs effective 01/01/2017; the Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual, effective 01/01/2017; Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, effective 01/01/2017; the Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual, effective 01/01/2017; the Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, effective 01/01/2017; the Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, effective 01/01/2017; the Utah Home and Community- Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual, effective 01/01/2017; the Office of Inspector General (OIG) Administrative Hearings Procedures Manual, effective 01/01/2017; the Pharmacy Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2017; the Coverage and Reimbursement Code Look-up Tool, effective 01/01/2017; the CHEC Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2017; the Chiropractic Medicine Utah Medicaid Provider Manual, effective 01/01/2017; the Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual, effective 01/01/2017; the General Attachments (All Providers) for the Utah Medicaid Provider Manual, effective 01/01/2017; the Indian Health Utah Medicaid Provider Manual, effective 01/01/2017; the Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2017; the Medical Transportation Utah Medicaid Provider Manual, effective 01/01/2017; the Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with attachment, effective 01/01/2017; the Licensed Nurse Practitioner Utah Medicaid Provider Manual, effective 01/01/2017; the Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables, effective 01/01/2017; the Physician Services, Anesthesiology and Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2017; the Podiatric Services Utah Medicaid Provider Manual, effective 01/01/2017; the Primary Care Network Utah Medicaid Provider Manual with its attachments, effective 01/01/2017; the Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual, effective 01/01/2017; the Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual, effective 01/01/2017; the School-Based Skills Development Services Utah Medicaid Provider Manual, effective 01/01/2017; Section I: General Information Utah Medicaid Provider Manual, effective 01/01/2017; the Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual, effective 01/01/2017; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual, effective 01/01/2017; Vision Care Services Utah Medicaid Provider Manual, effective 01/01/2017; Women's Services Utah Medicaid Provider Manual, effective 01/01/2017; Medically Complex Children’s Waiver Utah Medicaid Provider Manual, effective 01/01/2017; and Autism Spectrum Disorder Related Services for EPSDT Eligible Individuals Utah Medicaid Provider Manual, effective 01/01/2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to local governments. - SMALL BUSINESSES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to Medicaid recipients and to Medicaid providers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to a single Medicaid recipient or to a Medicaid provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because all changes are already in the State Plan. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41104.htm No. 41070 (Amendment): R414-302-6. Residents of Institutions. SUMMARY OF THE RULE OR CHANGE: The Centers for Medicaid and Medicare Services has clarified that individuals who reside in certain halfway houses are eligible for Federal Financial Participation (FFP). This amendment, therefore, allows an individual who resides in a qualified halfway house to receive Medicaid coverage. Based upon the "quick enrollment" pilot project with state prisons, the Department anticipates that less than 15 individuals will qualify for Medicaid. This amendment also updates incorporations by reference, removes language associated with the incorporations, and makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is a total annual cost of about $45,400 to the state budget as a result of this amendment. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not make eligibility determinations for the Medicaid program. - SMALL BUSINESSES: This amendment does not impose any new costs or requirements on small businesses because they do not make eligibility determinations for the Medicaid program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment does not impose any new costs or requirements on Medicaid providers and recipients because it does not affect Medicaid services. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment does not impose any new costs or requirements on a single Medicaid provider or recipient because it does not affect Medicaid services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the proposed rule does not affect Medicaid services and increase in eligibility is slight. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41070.htm No. 41054 (Amendment): R414-504. Nursing Facility Payments. SUMMARY OF THE RULE OR CHANGE: This amendment includes language that removes ambiguity and clarifies requirements for the QI Incentive applications. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because the changes to this rule do not alter the overall amount of state and federal funds that regulated health care facilities may receive. - LOCAL GOVERNMENTS: There is no budget impact because the changes to this rule do not alter the overall amount of state and federal funds that local government-operated health care facilities may receive. - SMALL BUSINESSES: The aggregate amount that the Department pays to Medicaid-certified nursing homes does not change. This amendment impacts small and large businesses equally. Nursing homes that take advantage of the incentives will receive more than nursing homes that do not. The total incentive amount available to nursing homes is $5,475,900, which is reserved from the base rate budget for nursing homes. The incentives positively impact the treatment that nursing home residents receive. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The aggregate amount that the Department pays to Medicaid-certified nursing homes does not change. Nursing homes that take advantage of the incentives will receive more than nursing homes that do not. The total incentive amount available to nursing homes is $5,475,900, which is reserved from the base rate budget for nursing homes. The incentives positively impact the treatment that nursing home residents receive. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because there are only increases in funds for a nursing facility that takes advantage of the quality improvement incentives that are available, and the references to the Utah Medicaid State Plan do not alter the operation of the program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule amendment would have a positive fiscal impact for any business who voluntarily submits an application for quality improvement incentives in that it clarifies the application process to qualify for the incentives. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41054.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 41056 (Amendment): R432-270. Assisted Living Facilities. SUMMARY OF THE RULE OR CHANGE: The rule amendment is to add requirements for all staff to receive dementia-specific training during orientation and yearly, as well as to require the facility administrator to obtain four hours of dementia/Alzheimer's-specific training per year. This amendment also amends and deletes unnecessary requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment simply requires assisted living staff to receive dementia-specific training and deletes unnecessary requirements. - LOCAL GOVERNMENTS: There is no impact to the local government budget because this amendment simply requires assisted living staff to receive dementia-specific training and deletes unnecessary requirements. - SMALL BUSINESSES: There is no impact to the small business budgets because this amendment simply requires assisted living staff to receive dementia- specific training and deletes unnecessary requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to businesses, individuals, local governments, and persons that are not small businesses because this amendment simply requires assisted living staff to receive dementia-specific training and deletes unnecessary requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to affected persons because this amendment simply requires assisted living staff to receive dementia-specific training and deletes unnecessary requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the amendment clarifies the specific type of training already required by the rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41056.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE HEARINGS No. 41057 (Amendment): R497-100. Adjudicative Proceedings. SUMMARY OF THE RULE OR CHANGE: This amendment establishes a default burden of proof for DHS where none is otherwise stated. It establishes the result of failing to request a hearing in a timely manner in certain cases, and it clarifies the public's right to be represented by an attorney or non-attorney in informal adjudicative proceedings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings. DHS has sufficient staffing and resources to absorb any work that may be required due to amended changes. All changes reflect current practices, clarify the public's rights, and update citations. - LOCAL GOVERNMENTS: Local government is not affected by this rule; therefore, there is no cost. The amendment does not change current practice. - SMALL BUSINESSES: There is no impact to small businesses, because the amendment does not change current practice. The rule clarifies the public's rights and updates citations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule reflects current practice and will have no impact on persons other than small businesses, businesses, or local government entities. The rule clarifies the public's rights and updates citations. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule reflects current practice and will have no financial impact on affected persons. The rule clarifies the public's rights and updates citations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated that this rule change will 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 01/31/2017 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 - Sonia Sweeney by phone at 801-538-8241, by FAX at 801-538-4604, or by Internet E-mail at ssweeney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41057.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 41098 (Amendment): R657-62. Drawing Application Procedures. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to change the process in the drawings when preference points are used. The new process would evaluate applicants' first hunt choice first, beginning with the applications with the greatest number of preference points, then applicants second hunt choice, and so forth. In addition, a person would lose the preference points if that person draws out for a general season buck deer permit, regardless of the hunt choice drawn out on (1st to 5th). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment alters a process already in place and does not create a cost or savings to the division. Therefore, the Division of Wildlife Resources (DWR) determines that these amendments will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since this amendment alters an existing process, 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: This amended rule will alter the structure for using preference points in a division drawing. The Division has determined that it would not generate a cost or saving impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amended rule will alter the structure for using preference points in a division drawing. The Division has determined that it would not generate a cost or saving impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amended rule will alter the structure for using preference points in a division drawing. DWR determines that this amendment will not create a cost or savings impact to individuals who participate in hunting in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not create an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41098.htm PARDONS (BOARD OF) ADMINISTRATION No. 41081 (Amendment): R671-311-3. Earned Time Adjustments. SUMMARY OF THE RULE OR CHANGE: Programs that qualify for the Earned Time adjustment are approved by the Board in collaboration with the Department of Corrections, as required by Subsection 77-27-5.4(2)(a)(ii). Earned time credits may be forfeit if the Board determines a rescission hearing is necessary in accordance with Subsection 77-27-5.4(4). Individuals without a release date or who have not met a contingency are not eligible for the Earned Time Program, see Subsection 77-27-5.4(3). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed changes clarify how decisions are made about which programs qualify and who is eligible for earned time adjustments but do not create a cost or savings. The changes do not create new processes that would incur new costs. The changes are unlikely to make a substantial change in the number of earned time adjustments granted. - LOCAL GOVERNMENTS: The Department of Corrections contracts with county jails to house state inmates and to provide programming. These programs must meet standards set by the Department of Corrections. Completing these programs qualifies inmates for an earned time adjustment. These programs are already approved for the earned time adjustment, so the rule change will not have an impact. However, new programs in the jail or prison must also meet performance standards and be approved by the Board in collaboration with the Department of Corrections before the program is eligible for earned time adjustments. - SMALL BUSINESSES: Small business does not participate in the parole process or the Earned Time Program. There is no fiscal impact for small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Earned Time Program provides time cuts to inmates who complete programming. Other than successfully completing the intervention program, the inmate is not required to submit any form or application. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost to the inmate when the Board grants a time cut due to successful completion of an intervention program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Private business does not participate in the parole process. The interventions programs are provided by the Department of Corrections either directly or through county jails. The proposed rule change does not affect businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41081.htm SCIENCE TECHNOLOGY AND RESEARCH GOVERNING AUTH. ADMINISTRATION No. 41095 (New Rule): R856-4. USTAR Science Technology Initiation Grant. SUMMARY OF THE RULE OR CHANGE: The Science Technology Initiation Grant (STIG) provides grants to support university-affiliated researchers to develop preliminary data and to conduct proof of concept experiments or other precursor research activities required to pursue larger, commercially- oriented grants from a federal agency, grant making foundation, industry or related entity. The goal of STIG is to increase the amount of external research funding received by Utah's universities, promote interdisciplinary and cross-university collaboration and strengthen the research and development capacity at state universities in commercially-oriented areas aligned to existing state industry sectors. STIGs are to be administered to the university that employs the applicant. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Although this is a new program, it is funded with the same appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--Only universities can apply for these grants. Therefore, local government entities are not affected by this rule. - SMALL BUSINESSES: None--Only universities can apply for these grants. It is anticipated that small businesses will benefit from the research of universities that receive this grant, since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule, because the impact is indirect and will vary depending on circumstance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Only universities can apply for these grants. Therefore, other persons other than small business are not affected by this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Only universities can apply for these grants. Therefore, businesses are not affected by this rule. It is anticipated that businesses will likely benefit from the research of universities that receive this grant, since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule, because the impact is indirect and will vary depending on circumstance. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thom Williams by phone at 801-538-8633, or by Internet E-mail at thomwilliams@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41095.htm No. 41096 (New Rule): R856-5. USTAR Energy Research Triangle Professors Grant. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR Energy Research Triangle Professors grant program is a collaborative effort between USTAR and the Utah Governor's Office of Energy Development (GOED) and will be administered according to this rule. Grants provide funding for projects in which research teams from at least three Utah non-profit higher education institutions collaborate to address energy related technical challenges important to economic growth in the state of Utah. Anticipated duration of projects will be 12 to 18 months. Funding must be budgeted by state fiscal year (July 1 through June 30) and funding will be dependent on meeting milestones and continued USTAR/GOED appropriation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Although this is a new program, it's funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--Only universities can apply for these grants. Therefore, local government entities are not affected by this rule. - SMALL BUSINESSES: None--Only universities can apply for these grants. It is anticipated that small businesses will benefit from the research of universities that receive this grant, since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule, because the impact is indirect and will vary depending on circumstance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Only universities can apply for these grants. Therefore, persons other than small business are not affected by this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Only universities can apply for these grants. Therefore, businesses are not affected by this rule. It is anticipated that businesses will likely benefit from the research of universities that receive this grant since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule, because the impact is indirect and will vary depending on circumstance. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thom Williams by phone at 801-538-8633, or by Internet E-mail at thomwilliams@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41096.htm No. 41097 (New Rule): R856-6. USTAR Energy Research Triangle Scholars Grant. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR Energy Research Triangle Scholars grant program is a collaborative effort between USTAR and the Utah Governor's Office of Energy Development and will be administered according to these rules. Grants provide funding to university faculty research professors for student-led projects that seek to address technical challenges related to energy issues important to economic growth in the state of Utah. Anticipated duration of projects will be 12-18 months. Funding must be budgeted by state fiscal year (July 1 through June 30) and funding will be dependent on meeting milestones and continued USTAR appropriation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Although this is a new program, it's funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--Only universities can apply for these grants. Therefore, local government entities are not affected by this rule. - SMALL BUSINESSES: None--Only universities can apply for these grants. It is anticipated that small businesses will benefit from the research of universities that receive this grant, since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule, because the impact is indirect and will vary depending on circumstance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Only universities can apply for these grants. Therefore, persons other than small business are not affected by this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Only universities can apply for these grants. Therefore, businesses are not affected by this rule. It is anticipated that businesses will likely benefit from the research of universities that receive this grant, since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule, because the impact is indirect and will vary depending on circumstance. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thom Williams by phone at 801-538-8633, or by Internet E-mail at thomwilliams@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41097.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 41053 (Amendment): R926-13-4. Highways Within the State That Are Designated as State Scenic Byways. SUMMARY OF THE RULE OR CHANGE: This filing extends the Energy Loop Scenic Byway to include US-6 from SR-96 at Colton (MP 216.17) to the southern boundary of Helper (MP 233.72), and SR-10 from SR-31 (MP 47.58) to the Huntington State Park (MP 49.38). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this amendment will result in any aggregate cost or saving to the state budget. It does not implicate fiscal matters of any kind. - LOCAL GOVERNMENTS: The Department does not anticipate that this amendment will result in any aggregate cost or saving to the budgets of any local government. It does not implicate fiscal matters of any kind. - SMALL BUSINESSES: The Department does not anticipate that this amendment will result in any aggregate cost or saving to the budgets of any small business. It does not implicate fiscal matters of any kind. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this amendment will result in any aggregate cost or saving to the budgets of persons other than small businesses, businesses, or local government entities. It does not implicate fiscal matters of any kind. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate that this amendment will result in any compliance cost for affected persons. It does not implicate fiscal matters of any kind. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I do not believe this amendment will not have any 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 01/31/2017 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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41053.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 41103 (Amendment): R994-405-2. Separations from a Temporary Help Company (THC). SUMMARY OF THE RULE OR CHANGE: These changes are to reflect current Department practice and provide guidance for claimants and THC on how job separations are adjudicated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs of savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons, as there are no fees associated with this program and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employers contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41103.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 31, 2017. From the end of the 30-day waiting period through May 1, 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 AIR QUALITY No. 40773 (Change in Proposed Rule): R307-302. Solid Fuel Burning Devices. SUMMARY OF THE RULE OR CHANGE: The CPR adds the word "visible" before emissions and adds the phrase "and specifies when it is permissible to burn in...." These additions help explain that the rule is establishing visible emission standards and regulating when people may burn in solid-fuel burning devices for comfort heating. The previous version of the rule only said that the rule was setting emission standards. There was no mention of what kind of emissions or the fact that the rule is regulating when someone can burn. (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 38. 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: None--There is no cost or savings to the state budget as a result of this change because the change is only clarifying the purpose of the rule. It is not changing the way the rule impacts the state. - LOCAL GOVERNMENTS: None--There is no cost or savings to any local government as a result of this change because the change is only clarifying the purpose of the rule. It is not changing the way the rule impacts the local government. - SMALL BUSINESSES: None--There is no cost or savings to small businesses as a result of this change because the change is only clarifying the purpose of the rule. It is not changing the way the rule impacts any business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--There is no cost or savings to "other" persons as a result of this change because the change is only clarifying the purpose of the rule. It is not changing the way the rule impacts the public. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no added compliance costs because of this change. The change is only clarifying the purpose of the rule; it is not changing any requirements for those that the rule regulates. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes will have no fiscal impact on any businesses because the change is only clarifying the purpose of the rule. The change is not modifying any of the existing requirements within in the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/40773.htm TRANSPORTATION OPERATIONS, AERONAUTICS No. 40937 (Change in Proposed Rule): R914-3. Aircraft Registration Enforcement. SUMMARY OF THE RULE OR CHANGE: This change deletes Subsection R914-3-4(3) from the new rule. (DAR NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the December 1, 2016, issue of the Utah State Bulletin, on page 114. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule 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 Department does not anticipate this change will cause any additional costs or savings to the state budget. The authority to levy penalties the new rule grants to the Tax Commission that this change eliminates remains with the Department of Transportation pursuant to Utah Code Section 72-10-112. The fiscal impact of the new rule will not change. - LOCAL GOVERNMENTS: The Department does not anticipate this change will cause any additional costs or savings to the budgets of local governments. The new rule does not implicate local governments in any way, fiscal or otherwise. - SMALL BUSINESSES: The Department does not anticipate this change will cause any additional costs or savings to the budgets of small business. Only small businesses that own aircraft that violate the Department's registration requirements will be affected by the new rule. Small businesses that violate the Department's registration requirements will be penalized by the Department alone rather than being subject to penalties by the Department and the Tax Commission. The change does not change the amount or nature of the penalties the Department may levy for registration violations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate this change will cause any additional costs or savings to the budgets of persons other than small businesses, businesses, or local government entities. Only persons other than small businesses, businesses, or local government entities that own aircraft that violate the Department's registration requirements will be affected by the new rule. Those persons other than small businesses, businesses, or local government entities that violate the Department's registration requirements will be penalized by the Department alone rather than being subject to penalties by the Department and the Tax Commission. The change does not change the amount or nature of the penalties the Department may levy for registration violations. COMPLIANCE COSTS FOR AFFECTED PERSONS: This change will not increase or decrease compliance costs for affected persons. This change eliminates the Tax Commission authority to levy penalties for violating aircraft registration requirements as such authority remains with the Department of Transportation. The amount and nature of available penalties do not change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I do not believe this change in the proposed new rule will have any 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 01/31/2017 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 - Jason Davis by phone at 801-965-4895, or by Internet E-mail at jasondavis@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: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/40937.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at http://www.rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41052 (5-year Review): R156-1. General Rule of the Division of Occupational and Professional Licensing. 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 general rules of the Division, as allowed under statutory authority provided in Title 58, Chapter 1, applicable to all occupations and professions regulated by the Division. This rule should be also be continued as it provides information to ensure applicants for licensure are knowledgeable about general rules of the Division with respect to items that are not covered separately in each occupational/professional rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov EFFECTIVE: 12/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41052.htm EDUCATION ADMINISTRATION No. 41083 (5-year Review): R277-106. Utah Professional Practices Advisory Commission Appointment Process. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-106 continues to be necessary because it establishes nomination and appointment procedures for UPPAC members as provided by state 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: 12/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41083.htm No. 41084 (5-year Review): R277-526. Paraeducator to Teacher Scholarship Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-526 continues to be necessary because it establishes application and accountability procedures to provide funding to prospective educators as provided by state 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: 12/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41084.htm No. 41085 (5-year Review): R277-915. Work-Based Learning Programs for Interns. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-915 continues to be necessary because it establishes standards and procedures for work-based learning programs. 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: 12/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41085.htm FINANCIAL INSTITUTIONS BANKS No. 41049 (5-year Review): R333-13. Rule Designating Applicable Federal Law for Banks Subject to the Jurisdiction of the Department of Financial Institutions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 7-1-325 requires that the department designate, by rule, which one or more federal laws are applicable to an institution subject to the jurisdiction of the department. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at pallred@utah.gov EFFECTIVE: 12/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41049.htm INDUSTRIAL LOAN CORPORATIONS No. 41050 (5-year Review): R339-12. Rule Designating Applicable Federal Law for Industrial Loan Corporations Subject to the Jurisdiction of the Department of Financial Institutions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 7-1-325 requires that the department designate, by rule, which one or more federal laws are applicable to an institution subject to the jurisdiction of the department. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at pallred@utah.gov EFFECTIVE: 12/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41050.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 41048 (5-year Review): R426-5. Emergency Medical Services Training and Certification Standards. 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 provides key standards and instruction for ensuring qualified and trained EMS personnel. Therefore, this rule should be continued. Recent amendments provide a new process for discipline of EMS-certified individuals for misconduct as required in Title 26, Chapter 8a. 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 EFFECTIVE: 12/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41048.htm HUMAN SERVICES ADMINISTRATION No. 41072 (5-year Review): R495-810. Government Records Access and Management Act. 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 gives clarity to the state law and helps the public understand department policies and procedures, and what the public needs to do in order to comply with the Government Records and Access Act. Without this rule, the public would not know how to file a GRAMA request, what costs are involved, or how to appeal a denial of their request. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janell Hall by phone at 801-538-4143, by FAX at 801-538-4317, or by Internet E-mail at janellhall@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 12/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41072.htm No. 41071 (5-year Review): R495-878. Americans with Disabilities Act and Civil Rights Grievance Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As required by 28 CFR 35.107, the Utah Department of Human Services, as a public entity that employs more than 50 persons, adopts and publishes the grievance procedures within this rule for the prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act, as amended. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janell Hall by phone at 801-538-4143, by FAX at 801-538-4317, or by Internet E-mail at janellhall@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 12/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41071.htm RECOVERY SERVICES No. 41067 (5-year Review): R527-3. Definitions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule to provide the public with knowledge of commonly used acronyms and terms associated with ORS or its programs that are not available in statute. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov EFFECTIVE: 12/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41067.htm No. 41082 (5-year Review): R527-253. Collection of Child Support Judgments. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The state laws and federal regulations cited in this rule are still in effect. This rule also clarifies that the office is not limited to taking only one legal remedy at a time. Therefore, the rule should be continued. 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 - LeAnn Wilber by phone at 801-741-7516, by FAX at 801-536-8509, or by Internet E-mail at lwilber@utah.gov - Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov EFFECTIVE: 12/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41082.htm No. 41068 (5-year Review): R527-258. Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule as the federal regulations and state statutes are still in effect and the program providing for the discharge of the IV-A debt when support payments are made as required for the year following the NCP's incarceration is still beneficial from a child support perspective, as well as a corrections perspective. The rule also provides the procedures for the office in setting up payment schedules and clarifies that the federal National Medical Support Notices will be used to enroll a dependent child in the parent's or legal guardian's health insurance plan through the parent's or legal guardian's employer, even when the responsible parent has recently been incarcerated or in a treatment program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov EFFECTIVE: 12/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41068.htm INSURANCE ADMINISTRATION No. 41058 (5-year Review): R590-102. Insurance Department Fee Payment 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 is necessary because it is specifically required by law and because it makes it easy for the public to see all of the fees charged by the department. It also provides regular opportunities for the public to make comment regarding changes to the fee schedule. 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: 12/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41058.htm No. 41059 (5-year Review): R590-103. Security Deposits. 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 requires insurance companies to deposit a certain amount of money into an account to take care of claims in case they go out of business. The deposits help pay for claims, which are also covered, in part, by a guaranty association, which most companies are associated with. However, the most important use of these deposits is to help cover the administrative costs of a liquidation. The rule provides guidelines that help ensure that the deposits are federally secured and the financial institution is holding the required amount. Without these safeguards, it would be very difficult to be sure that the funds are actually deposited, as required by the law. 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: 12/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41059.htm No. 41060 (5-year Review): R590-121. Rate Modification Plan 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 give guidance to licensees about how they can develop alternative rating plans. The rule establishes criteria that must be applied to all policies written outside of a standard rating structure. This rule establishes guidelines that reduce the possibility of unfair rating by property and casualty insurance companies and rate service organizations. 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: 12/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41060.htm No. 41061 (5-year Review): R590-126. Accident and Health Insurance Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Products in the individual market require closer regulation since there is not an employer entity who can bargain for an equitable contract on behalf of the individual. The rule sets forth benefits to be offered for certain products, yet still allows products with lesser benefits to be offered if marketed as "limited benefits." This helps individuals assess what type of product is being offered. 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: 12/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41061.htm No. 41062 (5-year Review): R590-133. Variable Contracts. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule provides guidance to both insurers and producers selling variable life insurance products so that compliance with the insurance code can be maintained. The rule provides consumer protection by requiring disclosure and annual reports for the product purchased. 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: 12/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41062.htm No. 41063 (5-year Review): R590-176. Health Benefit Plan Enrollment. 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 provides clarification for Title 31A, Chapter 30, with regard to the federal Health Insurance Portability and Accountability Act (HIPAA). The rule provides standards that must be met for an insurer to be waived from the requirements of Chapter 30 and defines what constitutes meeting the enrollment cap. It also addresses general requirements to make sure insurers treat health benefit plan applicants fairly. 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: 12/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41063.htm No. 41064 (5-year Review): R590-181. Yankee Bond Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Due to the fact that some insurers are investing in Yankee Bonds, this rule is necessary to provide guidelines that make sure the quality of the bond is high and does not take up a major share of the portfolio. Without the rule, insurers would not be able to invest in Yankee Bonds at all. 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: 12/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41064.htm No. 41065 (5-year Review): R590-182. Risk Based Capital Instructions. 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 provides reference to the Risk Based Capital (RBC) instructions and establishes their authority under Utah law. The RBC reports and instructions are important to ensure that Utah insurance companies report on the same basis as companies from other states. Without this uniformity, cost to companies and to the state would increase significantly, which would also increase costs to Utah policyholders. 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: 12/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41065.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 41051 (5-year Review): R657-20. Falconry. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-20 provides the requirements, procedures, and standards for possessing and using raptors for falconry. The provisions adopted in this rule are effective in providing the requirements, procedures, and standards for managing the falconry program. Continuation of this rule is necessary for continued success of this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 12/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41051.htm PUBLIC SAFETY ADMINISTRATION No. 41045 (5-year Review): R698-1. Public Petitions for Declaratory Orders. 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 because it is required under Section 63G-4-503. 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 EFFECTIVE: 12/05/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41045.htm No. 41046 (5-year Review): R698-2. Government Records Access and Management Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as Section 63G-2-204 grants authority for the rule, and the rule clarifies the process by which an individual may seek access to records maintained by DPS. 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 EFFECTIVE: 12/05/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41046.htm No. 41069 (5-year Review): R698-3. Americans with Disabilities Act (ADA) Complaint Procedure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it is required under 28 CFR 35.107. 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 EFFECTIVE: 12/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41069.htm PEACE OFFICER STANDARDS AND TRAINING No. 41078 (5-year Review): R728-401. Training Academy Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to continue guidance through the process of creating and maintaining a training academy. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov EFFECTIVE: 12/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41078.htm No. 41079 (5-year Review): R728-403. Procedures for Certification. 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 to provide procedures for a dispatcher or peace officer to become certified or reactivate certification. 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 - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov EFFECTIVE: 12/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41079.htm No. 41080 (5-year Review): R728-411. Guidelines for Administrative Action Against Individuals Functioning as Peace Officers Without Valid Peace Officer Certification. 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 the framework for the division to address an individual who is exercising peace officer authority without proper peace officer certification. 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 - Wade Breur by phone at 801-256-2329, or by Internet E-mail at wbreur@utah.gov EFFECTIVE: 12/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41080.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41077 (5-year Review): R746-348. Interconnection. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statutes requiring this rule and the need to regulate still remain in effect. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@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 EFFECTIVE: 12/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41077.htm NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file a Notice of Five-Year Review Extension (Extension) with the Office of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). VETERANS' AND MILITARY AFFAIRS ADMINISTRATION No. 41066 (Five-Year Extension): R978-1. Rule Governing Veterans' Affairs. EXTENSION REASON: A request for extension is asked for because there has not been enough time to bring the required parties together to finalize the language of the rule. The rule review is essentially done but needs to have a final review/edit from key people. The new deadline is 04/09/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - W. Todd Hansen by phone at 801-584-1914, by FAX at 801-584-1916, or by Internet E-mail at wthansen@utah.gov EFFECTIVE: 12/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170101/41066.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. 40863 (AMD): R156-17b.Pharmacy Practice Act Rule Published: 11/01/2016 Effective: 12/08/2016 No. 40864 (AMD): R156-67.Utah Medical Practice Act Rule Published: 11/01/2016 Effective: 12/08/2016 No. 40865 (AMD): R156-68.Utah Osteopathic Medical Practice Act Rule Published: 11/01/2016 Effective: 12/08/2016 EDUCATION ADMINISTRATION No. 40884 (NEW): R277-409.Public School Membership in Associations Published: 11/01/2016 Effective: 12/08/2016 No. 40885 (AMD): R277-438.Dual Enrollment Published: 11/01/2016 Effective: 12/08/2016 No. 40886 (AMD): R277-511.Academic Pathway to Teaching (APT) Level 1 License Published: 11/01/2016 Effective: 12/08/2016 No. 40887 (AMD): R277-604.Private School, Home School, Electronic High School (EHS), and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests Published: 11/01/2016 Effective: 12/08/2016 No. 40888 (AMD): R277-605.Coaching Standards and Athletic Clinics Published: 11/01/2016 Effective: 12/08/2016 No. 40889 (AMD): R277-609.Standards for LEA Discipline Plans and Emergency Safety Interventions Published: 11/01/2016 Effective: 12/08/2016 No. 40890 (AMD): R277-726.Statewide Online Education Program Published: 11/01/2016 Effective: 12/08/2016 ENVIRONMENTAL QUALITY AIR QUALITY No. 40766 (AMD): R307-110-17.Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits Published: 10/01/2016 Effective: 12/08/2016 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40490 (CPR): R414-10A.Transplant Services Standards Published: 11/01/2016 Effective: 12/15/2016 No. 40490 (R&R): R414-10A.Transplant Services Standards Published: 07/01/2016 Effective: 12/15/2016 No. 40809 (AMD): R414-508.Requirements for Transfer of Bed Licenses Published: 10/15/2016 Effective: 12/07/2016 CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 40851 (AMD): R428-2.Health Data Authority Standards for Health Data Published: 11/01/2016 Effective: 12/08/2016 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 40822 (AMD): R432-3-11.Annual Reporting Requirements Published: 10/15/2016 Effective: 12/06/2016 No. 40821 (AMD): R432-270.Assisted Living Facilities Published: 10/15/2016 Effective: 12/06/2016 INSURANCE ADMINISTRATION No. 40891 (AMD): R590-262.Health Data Authority Health Insurance Claims Reporting Published: 11/01/2016 Effective: 12/12/2016 NATURAL RESOURCES WILDLIFE RESOURCES No. 40867 (AMD): R657-13.Taking Fish and Crayfish Published: 11/01/2016 Effective: 12/08/2016 PUBLIC SAFETY ADMINISTRATION No. 40834 (AMD): R698-5.Hazardous Chemical Emergency Response Commission Published: 10/15/2016 Effective: 12/06/2016 REGENTS (BOARD OF) ADMINISTRATION No. 40658 (NEW): R765-431.State Authorization Reciprocity Agreement Rule Published: 09/01/2016 Effective: 12/12/2016 No. 40862 (AMD): R765-609.Regents' Scholarship Published: 11/01/2016 Effective: 12/12/2016 TAX COMMISSION ADMINISTRATION No. 40853 (AMD): R861-1A-2.Rulemaking Power Pursuant to Utah Code Ann. Section 59-1-210 and 63-46a-4 Published: 11/01/2016 Effective: 12/08/2016 AUDITING No. 40854 (AMD): R865-19S-41.Sales to The United States Government and Its Instrumentalities Pursuant to Utah Code Ann. Sections 59-12-104 and 59-12-106 Published: 11/01/2016 Effective: 12/08/2016 PROPERTY TAX No. 40855 (AMD): R884-24P-53.2016 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59- 2-515 Published: 11/01/2016 Effective: 12/08/2016 TRANSPORTATION ADMINISTRATION No. 40812 (AMD): R907-62.Americans with Disabilities Act Published: 10/15/2016 Effective: 12/06/2016 MOTOR CARRIER No. 40811 (AMD): R909-1.Safety Regulations for Motor Carriers Published: 10/15/2016 Effective: 12/06/2016 No. 40810 (NEW): R909-4.Motor Carrier, Enforcement, Penalties Published: 10/15/2016 Effective: 12/06/2016 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 . <> ----------------------------