---------------------------- Utah State Digest, Vol. 2017, No. 2 (January 15, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed December 16, 2016, 12:00 AM through January 3, 2017, 11:59 PM Volume 2017, No. 2 January 15, 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 *********************************************** SPECIAL NOTICES Notice for February 2017 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/sn158297.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 16, 2016, 12:00 a.m., and January 3, 2017, 11:59 p.m. are summarized in this, the January 15, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the January 15, 2017, issue of the Utah State Bulletin until at least February 14, 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 15, 2017, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. ADMINISTRATIVE SERVICES FLEET OPERATIONS No. 41105 (Amendment): R27-1. Definitions. SUMMARY OF THE RULE OR CHANGE: The changes include replacing "DFO" with "division", adding an age restriction condition, clarifying the definition of "Commute Use", adding the definition of "Employee", and clarifying the definition of "Take-home Use". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget because the changes pertain to definitions of terms and are technical in nature. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government because the changes pertain to definitions of terms and are technical in nature. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the changes pertain to definitions of terms and are technical in nature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small business, businesses, or local government entities because the changes pertain to definitions of terms and are technical in nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings for affected persons because the changes pertain to definitions of terms and are technical in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I believe there are no potential fiscal impacts as a result of the changes to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41105.htm No. 41106 (Amendment): R27-3. Vehicle Use Standards. SUMMARY OF THE RULE OR CHANGE: A summary of the changes includes replacing references to "Division of Fleet Operations" and "DFO" with "division", removing and correcting out-of-date citations, making grammatical corrections, clarifying language, clarifying that take-home use is not a taxable fringe benefit per IRS standards, clarifying that an agency executive director may approve commute and take-home use of state vehicles, clarifying exemption documentation procedure, removing the requirement to list all authorized drivers with the division's fleet information system, replacing the phrase "blatant disregard" with "intentional falsification", and adding withdrawal/suspension/revocation penalty condition for driving under the influence, reckless driving, or felony while operating a state or personal vehicle. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because the language corrections are technical in nature, and the removal and addition of requirements are similar to those already in place. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government because the language corrections are technical in nature, and the removal and addition of requirements are similar to those already in place. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the language corrections are technical in nature, and the removal and addition of requirements are similar to those already in place. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the language corrections are technical in nature, and the removal and addition of requirements are similar to those already in place. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost or savings to affected persons because the language corrections are technical in nature, and the removal and addition of requirements are similar to those already in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I believe there are no potential fiscal impacts as a result of the changes to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41106.htm No. 41107 (Amendment): R27-4. Vehicle Replacement and Expansion of State Fleet. SUMMARY OF THE RULE OR CHANGE: A summary of the changes includes replacing references to "Department of Administrative Services" with "Governor's Office of Management and Budget", replacing "Division of Fleet Operations" and "DFO" with "division", correcting some grammatical errors, clarifying some redundant language, eliminating the requirement for review by staff of miscellaneous equipment upgrades, and adding the option of a cost-benefit analysis in reallocation or reassignment of agency-owned vehicles. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget because the language changes are technical in nature, and the removal and addition of requirements are similar to those already in place. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments because the language changes are technical in nature, and the removal and addition of requirements are similar to those already in place. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the language changes are technical in nature, and the removal and addition of requirements are similar to those already in place. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the language changes are technical in nature, and the removal and addition of requirements are similar to those already in place. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings to affected persons because the language changes are technical in nature, and the removal and addition of requirements are similar to those already in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I believe there are no potential fiscal impacts as a result of the changes to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Mottishaw by phone at 801-538-3601, or by Internet E-mail at jmottishaw@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41107.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41110 (Amendment): R156-16a-304. Continuing Education. SUMMARY OF THE RULE OR CHANGE: This section is amended to provide that an optometrist may fulfill a portion of the optometrist's continuing education requirement by providing volunteer services within the scope of license in a qualified health care facility; for every four hours of such volunteer services, the licensee may receive one hour of continuing education credit, up to 15% of the required continuing education. Formatting changes were also made for clarification and correction, including correcting the reference to the continuing education requirements for optometrists who are controlled substance prescribers. 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: The proposed amendments apply only to those persons who are required to be licensed as an optometrist 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 potential savings cannot be estimated, as it will vary depending on circumstances. - SMALL BUSINESSES: Optometrists who operate small businesses and provide volunteer services may be impacted by the cost of record keeping and lost revenue if they substitute time they could be billing for professional services to provide volunteer health care services in lieu of obtaining continuing education. However, these health care professionals will save on the cost of attendance at a continuing education course, and they may receive "goodwill" benefits in their community from their volunteer services. The amount of the costs or savings cannot be estimated, as it will vary from business to business depending on the amount of volunteer services provided. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Licensees will bear the cost of the services provided, relative to their time spent providing the services and documenting such services for continuing education credit. The uninsured, underserved, and indigent population will benefit financially from increased availability of free or reduced-cost health care services and from improved health. The amount of the costs or savings cannot be estimated as it will vary from business to business depending on the amount of volunteer services provided. COMPLIANCE COSTS FOR AFFECTED PERSONS: A licensee will bear the cost of the services provided, relative to the licensee's time spent providing the services and documenting such services for continuing education credit. The Division, however, is not able to determine any exact costs, as it would vary depending on licensee circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment to this section permits an optometrist to satisfy up to 15% of the continuing education requirement by providing volunteer health care services and will have a negligible impact on businesses. Other amendments to the rule require that continuing professional education hours required for controlled substance prescribers shall be in accordance with Section 58-37-65 and Section R156-37-402. There are also considerable formatting changes to the rule. These other changes to the rule 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 02/14/2017 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: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41110.htm No. 41111 (Amendment): R156-67. Utah Medical Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: Subsection R156-67-302d(1) incorrectly references a statutory citation and this amendment is updating the citation to Subsection 58-67-302(1)(f). Section R156-67-302e is being deleted in its entirety because it is no longer necessary; all testing prerequisites listed in this section are already required for physicians and surgeons prior to graduation and entrance to residency programs. The amendments to Subsection R156-67-304(1) make minor formatting changes throughout for clarification; and Subsection R156-67-304(2) provides that physicians/surgeons may fulfill a portion of their continuing education requirement by providing volunteer health care services within the scope of license in a qualified health care facility. For every four hours of such volunteer services, a licensee may receive one hour of continuing education credit, up to 15% of the required continuing education. 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: Changes to Section R156-67-302d update a statutory citation only and will have no impact on local government. The proposed amendments in Section R156-67-304 apply only to those persons who are required to be licensed as a physician/surgeon 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 potential savings cannot be estimated, as it will vary depending on circumstances. - SMALL BUSINESSES: Changes to Section R156-67-302d update a statutory citation only and will have no impact on small businesses. The proposed amendments in Section R156-67-304 may impact small businesses operated by health care professionals who choose to provide volunteer services. These small businesses may be impacted by the cost of record keeping and lost revenue if owners and employees substitute time they could be billing for professional services to provide volunteer health care services in lieu of obtaining continuing education. However, these health care professionals will save on the cost of attendance at a continuing education course, and they may receive "goodwill" benefits in their community from their volunteer services. The amount of the costs or savings cannot be estimated, as it will vary from business to business depending on the amount of volunteer services provided. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Changes to Section R156-67-302d update a statutory citation only and will have no impact on other persons. The proposed amendments in Section R156-67-304 may impact licensees who choose to obtain continuing education credit by providing volunteer health care services. These licensees will bear the cost relative to their time spent providing the service and documenting such services for continuing education credit. The uninsured, underserved, and indigent population will benefit financially from increased availability of free or reduced-cost health care services. The amount of the cost to licensees cannot be estimated, as it varies depending on circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: Changes to Section R156-67-302d update a statute citation only and will have no impact on affected persons. The proposed amendments in Section R156-67-304 may impact a licensee who chooses to obtain continuing education credit by providing volunteer services, relative to the licensee's time spent providing the services and documenting the services for credit. The compliance and documentation cost cannot be estimated, as it varies depending on circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Section R156-67-302e is deleted in its entirety because it is no longer necessary; all testing prerequisites listed in this subsection are already required for physicians and surgeons prior to graduation and entrance to residency programs. No fiscal impact on businesses will result from this change. The amendment to Section R156-67-304 permits a physician/surgeon to satisfy up to 15% of the continuing education requirement by providing volunteer health care services and will have a negligible impact on businesses. There are also formatting changes to Sections R156-67-302d and R156-67-304, which 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 02/14/2017 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: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41111.htm No. 41112 (Amendment): R156-68-304. Qualified Continuing Professional Education. SUMMARY OF THE RULE OR CHANGE: This section is amended to make minor formatting changes throughout for clarification and to provide that an osteopathic physician/surgeon may fulfill a portion of the continuing education requirement by providing volunteer services within the scope of license in a qualified health care facility. For every four hours of such volunteer services, the licensee may receive one hour of continuing education credit, up to 15% of the required continuing education. 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: The proposed amendments apply only to those persons who are required to be licensed as an osteopathic physician/surgeon 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 potential savings cannot be estimated, as it will vary depending on circumstances. - SMALL BUSINESSES: The proposed amendments may impact small businesses operated by health care professionals who choose to provide volunteer services. These small businesses may be impacted by the cost of record keeping and lost revenue if owners and employees substitute time they could be billing for professional services to provide volunteer health care services in lieu of obtaining continuing education. However, these health care professionals will save on the cost of attendance at a continuing education course, and they may receive "goodwill" benefits in their community from their volunteer services. The amount of the costs or savings cannot be estimated, as it will vary from business to business depending on the amount of volunteer services provided. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments may impact licensees who choose to obtain continuing education credit by providing volunteer health care services. These licensees will bear the cost relative to their time spent providing the service and documenting such services for continuing education credit. The uninsured, underserved, and indigent population will benefit financially from increased availability of free or reduced-cost health care services. The amount of the cost to licensees cannot be estimated, as it varies depending on circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments may impact a licensee who chooses to obtain continuing education credit by providing volunteer services, relative to the licensee's time spent providing the services and documenting the services for credit. The compliance and documentation cost cannot be estimated, as it varies depending on circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment to this section permits an osteopathic physician/surgeon to satisfy up to 15% of the continuing education requirement by providing volunteer health care services and will have a negligible impact on businesses. There are also formatting changes to the rule which 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 02/14/2017 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: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41112.htm HUMAN SERVICES ADMINISTRATION No. 41114 (Amendment): R495-885. Employee Background Screenings. SUMMARY OF THE RULE OR CHANGE: While many divisions and offices of the Department of Human Services (DHS) do employee background screenings, this rule would streamline a process Department wide. In the assessment of processes and resources, it has been determined that DHS will be buying into the DACS background screening database system owned and managed by the Department of Health. This memorandum of understanding (MOU) is nearly complete between the two departments, and programming on the system will be done in 2017. Until then, the status quo processes of background checking will continue in DHS. To ideally manage employee background screenings, the DACS system will be used. This will also be the pilot for moving all background screenings done by the Office of Licensing into that system that was largely built with federal funds and is utilized now by the Department of Health. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This amendment changes only the implementation date and affects only DHS. No other entities are affected fiscally in the community. - LOCAL GOVERNMENTS: None--This amendment changes only the implementation date and affects only DHS. No other entities are affected fiscally in the community. - SMALL BUSINESSES: None--This amendment changes only the implementation date and affects only DHS. No other entities are affected fiscally in the community. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This amendment changes only the implementation date and affects only DHS. No other entities are affected fiscally in the community. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This amendment changes only the implementation date and affects only DHS. No other entities are affected fiscally in the community. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts by changing this date. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Diane Moore by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41114.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41116 (New Rule): R746-1. Public Service Commission Administrative Procedures Act Rule. SUMMARY OF THE RULE OR CHANGE: Existing provisions are reorganized and clarified. Specifically, lengthy subsections of text are broken apart and each substantive provision numbered according to the statutory numbering scheme. In addition, the new rule makes some substantive changes to existing provisions and introduces new regulations as follows: 1) definitions and regulations that are set forth in statute are eliminated from the rules; 2) defined terms that are not used again in the body of the rule are deleted from the definition section; 3) requests for agency action that are defined to include informal proceedings: a) an unopposed petition for a certificate of public convenience and necessity; b) an unopposed request for acknowledgment or approval of a telecommunications utility's name change; and c) an unopposed request for acknowledgment or approval of a merger, acquisition, or similar organizational restructuring that does not alter or affect the services provided by a telecommunications utility; 4) language that is informational or explanatory, but that does not set forth a requirement or prohibition is eliminated, see Subsection R746-100-3(B)(1) for example; 5) rules governing representation of parties are clarified by reference to the Utah Supreme Court Rules of Professional Practice; 6) rules governing filing of petitions, testimony, etc. are updated to require electronic filing, either by e-mail or through a secure server, except in extenuating circumstances, and also new language requires specific information in electronic file names, with potential penalties for failure to comply; 7) an existing rule, which requires that a motion to dismiss be filed before a responsive pleading is filed, is deleted; 8) new language establishes the Commission's obligation to comply with the Utah Government Records Access and Management Act; 9) an existing rule, which requires parties to file joint exhibits prior to hearing, is deleted; 10) an existing rule, which allows a non-party to provide sworn testimony subject to cross examination, is deleted; and 11) the rules governing provision of, use of, and access to confidential and highly confidential information are significantly modified, per requests and recommendations of the public utilities that regularly deal with such information. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: To facilitate electronic filing, the Commission will incur costs to build a secure, dedicated server. Thereafter, it will cost the Commission $513.82 per month to maintain the server. - LOCAL GOVERNMENTS: Local governments are not required to enforce or comply with the Commission's rules governing administrative proceedings. No fiscal impact to local government is anticipated. - SMALL BUSINESSES: Small businesses that participate in administrative proceedings before the Commission will be required to file petitions, testimony, etc. electronically, either by e-mail or through the Commission's secure server. A business that will access the Commission's secure server must provide the Commission with the static public IP address from which information will be sent, as well as an SSH key. In addition, the business must install on its local machine an SFTP client that supports TLSv1.2. Where each affected business has its own unique IT infrastructure, initial set-up costs will vary and cannot be estimated. However, such costs, if any, should be minimal. In addition, this rule filing relieves small businesses of the requirement to provide multiple paper copies of their filings, which will result in savings over time. The Commission does not have data available to calculate the aggregate effect in dollars; however, it is likely that the savings resulting from the electronic filing system will outweigh any initial costs over time. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Affected persons will be required to file petitions, testimony, etc. electronically, either by e-mail or through the Commission's secure server. A person that will access the Commission's secure server must provide the Commission with the static public IP address from which information will be sent, as well as an SSH key. In addition, affected persons must install on their local machine an SFTP client that supports TLSv1.2. Where each affected person has a unique IT infrastructure, initial set-up costs will vary and cannot be estimated. However, such costs, if any, should be minimal. In addition, this rule filing relieves affected persons of the requirement to provide multiple paper copies of their filings, which will result in savings over time. The Commission does not have data available to calculate the aggregate effect in dollars; however, it is likely that the savings resulting from the electronic filing system will outweigh any initial costs over time. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, affected persons will be required to file petitions, testimony, etc. electronically, either by e-mail or through the Commission's secure server. An affected person that will access the Commission's secure server must provide the Commission with the static public IP address from which information will be sent, as well as an SSH key. In addition, affected person must install on their local machine an SFTP client that supports TLSv1.2. Where each affected person has a unique IT infrastructure, initial set-up costs will vary and cannot be estimated. However, such costs, if any, should be minimal. In addition, this rule filing relieves affected persons of the requirement to provide multiple paper copies of their filings, which will result in savings over time. The Commission does not have data available to calculate the aggregate effect in dollars; however, it is likely that the savings resulting from the electronic filing system will outweigh any initial costs over time. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As explained in the rule analysis, businesses that will file records through the Commission's secure server might incur minimal initial set-up costs, which will be offset over time by elimination of the paper filing requirement. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41116.htm No. 41115 (Repeal): R746-100. Practice and Procedures Governing Formal Hearings. SUMMARY OF THE RULE OR CHANGE: Rule R746-100 is repealed in its entirety, and the rules governing administrative proceedings before the Commission are set forth in the new Rule R746-1 which is filed concurrently with this repeal. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing Rule R746-100 does not create costs for the state. Certain provisions that are included in the replacement Rule R746-1 do create a fiscal impact, which is discussed in the rule analysis set forth in that filing. - LOCAL GOVERNMENTS: Local governments are not required to enforce or comply with the Commission's rules governing administrative proceedings. No fiscal impact to local government is anticipated. - SMALL BUSINESSES: Repealing Rule R746-100 will not create costs for small businesses. Certain provisions that are included in the replacement Rule R746-1 could create a fiscal impact, which is discussed fully in the rule analysis set forth in that filing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing Rule R746-100 does not create costs for affected persons. Certain provisions that are included in the replacement Rule R746-1 could create a fiscal impact, which is discussed fully in the rule analysis set forth in that filing. COMPLIANCE COSTS FOR AFFECTED PERSONS: This filing repeals Rule R746-100. No compliance is required. Therefore, there are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: A new rule governing administrative proceedings before the Commission, Rule R746-1, will be made effective at the same time Rule R746- 100 is repealed. The new rule requires affected businesses use an electronic filing system to submit petitions, testimony, evidence, and other records to the Commission in an administrative proceeding. The potential fiscal impact of this requirement, which is anticipated to be minimal, is discussed fully in the rule analysis for Rule R746-1. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41115.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at http://www.rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. AGRICULTURE AND FOOD ADMINISTRATION No. 41120 (5-year Review): R51-2. Administrative Procedures for Informal Proceedings Before the Utah Department of Agriculture and Food. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes and governs the administrative proceedings of the Utah Department of Agriculture and Food and is required in order for the Department to accomplish this administrative function. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 01/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41120.htm PUBLIC SAFETY PEACE OFFICER STANDARDS AND TRAINING No. 41108 (5-year Review): R728-409. Suspension, Revocation, or Relinquishment of 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 is necessary to establish procedures for the suspension, revocation, or relinquishment of a respondent's certification. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - 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: 12/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41108.htm No. 41109 (5-year Review): R728-410. Guidelines Regarding Annual Statutory Training. 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 provide procedures regarding the reporting of annual statutory training to maintain peace officer certification. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@utah.gov - 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: 12/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41109.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). HEALTH DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 41119 (Five-Year Extension): R438-12. Rule for Law Enforcement Blood Draws. EXTENSION REASON: The Department of Health would like to request a 120-day extension in order to move this rule from Title R438 to Title R426. The Department will need this time to get the language moved and vetted before filing. Rule R438-12 will be repealed when Title R426 is amended. The new deadline is 05/20/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Atkinson by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at rmatkinson@utah.gov EFFECTIVE: 01/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41119.htm MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 41118 (Five-Year Extension): R628-17. Limitations on Commercial Paper and Corporate Notes. EXTENSION REASON: The Money Management Council requests an extension for the five-year review of Rule R628-17 as the Council was discussing potential legislation in the last two meetings and was unable to review the rule at that time. The new deadline is 05/09/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 12/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170115/41118.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 40802 (AMD): R58-17.Aquaculture and Aquatic Animal Health Published: 10/15/2016 Effective: 12/19/2016 ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 40922 (AMD): R81-3-14.Type 5 Package Agencies Published: 11/15/2016 Effective: 01/03/2017 No. 40924 (NEW): R81-4.Retail Licenses Published: 11/15/2016 Effective: 01/03/2017 No. 40923 (AMD): R81-8.Manufacturer Licenses (Distillery, Winery, Brewery) Published: 11/15/2016 Effective: 01/03/2017 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40899 (AMD): R156-17b.Pharmacy Practice Act Rule Published: 11/15/2016 Effective: 12/22/2016 No. 40902 (AMD): R156-17b.Pharmacy Practice Act Rule Published: 11/15/2016 Effective: 12/22/2016 No. 40896 (AMD): R156-24b.Physical Therapy Practice Act Rule Published: 11/15/2016 Effective: 12/29/2016 No. 40897 (AMD): R156-31b.Nurse Practice Act Rule Published: 11/15/2016 Effective: 12/22/2016 No. 40917 (AMD): R156-37-402.Continuing Professional Education for Controlled Substance Prescribers Published: 11/15/2016 Effective: 12/22/2016 No. 40916 (AMD): R156-37f.Controlled Substance Database Act Rule Published: 11/15/2016 Effective: 12/22/2016 No. 40928 (AMD): R156-37f.Controlled Substance Database Act Rule Published: 11/15/2016 Effective: 12/22/2016 No. 40903 (AMD): R156-55c.Plumber Licensing Act Rule Published: 11/15/2016 Effective: 12/22/2016 No. 40905 (AMD): R156-70a-304.Continuing Education Published: 11/15/2016 Effective: 12/22/2016 REAL ESTATE No. 40856 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 11/01/2016 Effective: 12/22/2016 ENVIRONMENTAL QUALITY ENVIRONMENTAL RESPONSE AND REMEDIATION No. 40755 (AMD): R311-203.Underground Storage Tanks: Technical Standards Published: 10/01/2016 Effective: 01/03/2017 No. 40755 (CPR): R311-203.Underground Storage Tanks: Technical Standards Published: 12/01/2016 Effective: 01/03/2017 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40870 (AMD): R414-1-5.Incorporations by Reference Published: 11/01/2016 Effective: 12/19/2016 HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 40927 (AMD): R477-1.Definitions Published: 11/15/2016 Effective: 01/01/2017 No. 40926 (AMD): R477-4-6.Rehire Published: 11/15/2016 Effective: 01/01/2017 LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 40919 (AMD): R612-300-14.Advance Practice Registered Nurse Published: 11/15/2016 Effective: 12/22/2016 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40900 (AMD): R746-312.Electrical Interconnection Published: 11/15/2016 Effective: 12/22/2016 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 . <> ----------------------------