---------------------------- Utah State Digest, Vol. 2017, No. 3 (February 1, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed January 4, 2017, 12:00 AM through January 17, 2017, 11:59 PM Volume 2017, No. 3 February 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 *********************************************** 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 January 4, 2017, 12:00 a.m., and January 17, 2017, 11:59 p.m. are summarized in this, the February 1, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the February 1, 2017, issue of the Utah State Bulletin until at least March 3, 2017 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through June 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. ADMINISTRATIVE SERVICES FINANCE No. 41147 (Amendment): R25-7. Travel-Related Reimbursements for State Employees. SUMMARY OF THE RULE OR CHANGE: The times in the rule need to change to match the times that state payroll has in its system for reimbursement for meals to state employees, and the rule decreases reimbursement rate for mileage on private vehicles. (Editor's Note: A corresponding 120-day (emergency) rule that is effective as of 01/06/2017 is under Filing No. 41127 in this issue, February 1, 2017, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is a potential increase or decrease in meal reimbursements for state employees, because the times for the day of travel reimbursement for meals is changing to match the times in the state payroll systems for meal reimbursements through the payroll system. There will potentially be a decrease in cost to the state as mileage reimbursements are decreasing. However, the Division cannot determine exactly what the decrease will be because it is impossible to anticipate how much travel state employees will do. - LOCAL GOVERNMENTS: There will not be costs to local governments because the rule only governs reimbursements by the state to individuals traveling on state business. - SMALL BUSINESSES: Small businesses may see an increase or decrease in revenue for meal reimbursements. However, the Division cannot determine exactly what the increase or decrease will be as that depends on the time of day traveled by individuals eligible for meal reimbursement. The mileage rate change deals only with reimbursement rates for mileage for state employees. Therefore, small businesses are not affected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursements may see an increase or decrease in their meal reimbursements for travel. However, the Division cannot determine exactly what the increase or decrease will be as that depends on the time of day individuals travel. Individuals eligible for mileage reimbursement will see a slight decrease in mileage reimbursement for travel in private vehicles. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the amendment only changes times for reimbursement for meals and mileage reimbursements for travel in private vehicles, and does not require any new action on the part of persons applying for reimbursements, there are not compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are reasonable and warranted. Small business may see an increase or decrease in revenue; however, the Division cannot determine exactly what the increase or decrease will be as that depends on the time of day individuals travel and are eligible for meal reimbursement. There will be no impact on small businesses for the mileage change, because the change deals only with reimbursement rate for mileage for state employees. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41147.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41169 (Amendment): R156-46b-202. Informal Adjudicative Proceedings. SUMMARY OF THE RULE OR CHANGE: This section is amended to include in the classification of an informal adjudicative proceeding, initiated by other than a notice of agency action, the Division's approval or denial of an application for a tax credit certificate under Section 58-1-111. 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. The designation of these matters as informal adjudicative proceedings will reduce the time and expense incurred by the Division in processing the applications. The amount of the savings cannot be estimated as it will vary depending on circumstances. - LOCAL GOVERNMENTS: The proposed amendment only applies to psychiatrists or psychiatric mental health practitioners who apply for a tax credit certificate. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: No cost to small business is anticipated as a result of this amendment. There may be some savings to small business owners who submit applications, due to the reduced time and expense that will be required to process their applications. The amount of the savings cannot be estimated as it will vary depending on circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost to licensees is anticipated as a result of this amendment. There may be some savings to licensees who submit applications due to the reduced time and expense that will be required to process their applications. The amount of the savings cannot be estimated as it will vary depending on the circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment only applies to psychiatrists or psychiatric mental health practitioners who apply for a tax credit certificate. The Division anticipates no compliance costs for these affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Section R156-46b-202 is amended to meet the mandate of H.B. 265 (2016). The amendment adds to the list of adjudicative proceedings that are classified as informal adjudicative proceedings the approval or denial of application for a tax credit certificate by a psychiatrist, psychiatric mental health nurse practitioner, or volunteer retired psychiatrist. No fiscal impact on businesses will result from this change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41169.htm CRIME VICTIM REPARATIONS ADMINISTRATION No. 41142 (Amendment): R270-1-20. Medical Awards. SUMMARY OF THE RULE OR CHANGE: The percentage of a victim's medical expense the agency can pay will be decreased by 10% (from 70% to 60%) to address rising medical costs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change will not affect the state budget in that the savings will be reflected only in the Crime Victims Trust account as defined in Section 51-9-404 which is an expendable special revenue fund. The "fund" may realize an estimated $250,000 savings per calendar year. The exact costs and savings cannot be determined because medical costs will vary from case to case and circumstance to circumstance. - LOCAL GOVERNMENTS: Local government will not be affected because this change affects only medical service providers, crime victims, and the agency. - SMALL BUSINESSES: Small independent medical providers may experience a minimal decrease from the change. The agency assists crime victims with out- of-pocket, crime-related costs. This change will affect only victims who have no health insurance, Medicaid, Medicare, or other source of payment for medical expenses. Pursuant to this change, service providers will receive 60% of the amount billed rather than 70% of the amount billed. The exact costs and savings cannot be determined because medical costs will vary from case to case and circumstance to circumstance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Hospitals and large medical service providers may encounter a minimal, proportionate discount to the payments they receive from the agency. The agency assists crime victims with out-of-pocket, crime-related costs. This change will affect only victims who have no health insurance, Medicaid, Medicare, or other source of payment for medical expenses. Pursuant to this change, service providers will receive 60% of the amount billed rather than 70% of the amount billed. The exact costs and savings cannot be determined because medical costs will vary from case to case and circumstance to circumstance. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs that affect any group other than the agency. The agency is solely responsible for the implementation and compliance of the rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Annually, the agency pays approximately $4,500,000 on medical expenses for services provided to victims of crime. Of that total, only the expenses for those persons that do not have insurances or other sources to cover medical expenses will be reduced. Medical co-payment and deductible amounts paid on behalf of a victim, will not be reduced in addition to the reductions made by the primary payer. The agency anticipates an approximate $250,000 annual savings from the rule change and that $250,000 savings would be generated from small contributions from each medical provider in the state that submits a bill for payment. The exact costs and savings cannot be determined because medical costs will vary from case to case and circumstance to circumstance. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Scheller by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41142.htm EDUCATION ADMINISTRATION No. 41187 (New Rule): R277-118. Board of Education Conflict of Interest Avoidance. SUMMARY OF THE RULE OR CHANGE: This new rule defines terms; provides post separation or post retirement employment restrictions; and provides procedures for contract termination for a contractor who violates the terms of this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule provides procedures to avoid conflicts of interest, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new rule provides procedures to avoid conflicts of interest, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule provides procedures to avoid conflicts of interest, 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 provides procedures to avoid conflicts of interest, 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 provides procedures to avoid conflicts of interest, which could result in contract/agreement termination if a contractor/subcontractor violates this rule and the terms of the contractor's/subcontractor's contract/agreement. It is anticipated, however, that that a contractor/subcontractor will be clear about consequences, so it is likely that there will be no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41187.htm No. 41188 (Amendment): R277-417. Prohibiting LEAs and Third Party Providers from Offering Incentives or Reimbursements for Enrollment or Participation. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule provide changes to definitions; add and remove language for LEA or third party provider's use of public funds for incentives and disbursements; and provide procedures for LEAs that contract with third party providers for provision of educational services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule provide greater clarity to LEAs on prohibited uses of state funding for incentives and certain disbursements to parents and students, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule provide greater clarity to LEAs prohibited uses of state funding for incentives and certain disbursements to parents and students, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule provide greater clarity to LEAs on prohibited uses of state funding for incentives and certain disbursements to parents and students, 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 this rule provide greater clarity to LEAs on prohibited uses of state funding for incentives and certain disbursements to parents and students, 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 this rule provide greater clarity to LEAs on prohibited uses of state funding for incentives and certain disbursements to parents and students, 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 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41188.htm No. 41189 (Amendment): R277-507-3. Endorsement Requirements. SUMMARY OF THE RULE OR CHANGE: Section R277-507-3 is amended to add Career and Technical Education as an area of concentration, making an educator with a Career and Technical Education area of concentration, among other requirements, eligible to have a driver education endorsement added to the educator's license. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Section R277-507-3 add Career and Technical Education as an area of concentration, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Section R277-507-3 add Career and Technical Education as an area of concentration, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Section R277-507-3 add Career and Technical Education as an area of concentration, 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 Section R277-507-3 add Career and Technical Education as an area of concentration, 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 Section R277-507-3 add Career and Technical Education as an area of concentration, 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 Section R277-507-3. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41189.htm No. 41190 (Amendment): R277-702. Procedures for the Utah High School Completion Diploma. SUMMARY OF THE RULE OR CHANGE: The GED test is changed to a more general term of high school equivalency exam (HSE exam). Also, technical, conforming, and terminology changes are provided throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-702 change the title of the exam and make technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41190.htm No. 41191 (New Rule): R277-717. High School Course Grading Requirements. SUMMARY OF THE RULE OR CHANGE: This new rule provides definitions and procedures for course grade forgiveness. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule provides procedures for course grade forgiveness, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new rule provides procedures for course grade forgiveness, which may result in additional staff time for an LEA or school to adjust a student's course grade and grade point average and to exclude a lower grade on the student's permanent record. It is anticipated that the additional tasks will be performed by existing staff and within existing budgets. There may also be increased costs to a school or parent to pay the cost of the student to repeat the course. Costs are speculative at this time and cannot be estimated. - SMALL BUSINESSES: This new rule provides procedures for course grade forgiveness, 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 provides procedures for course grade forgiveness, 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 provides procedures for course grade forgiveness, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41191.htm No. 41192 (New Rule): R277-801. Services for Students with Sensory Impairments. SUMMARY OF THE RULE OR CHANGE: This new rule provides definitions; responsibilities of LEAs; designation of USDB as an LEA; correlation of responsibilities; and services for qualifying students. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule replaces an Interagency Agreement, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new rule replaces an Interagency Agreement, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule replaces an Interagency Agreement, 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 replaces an Interagency Agreement, 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 replaces an Interagency Agreement, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41192.htm GOVERNOR CRIMINAL AND JUVENILE JUSTICE (STATE COMMISSION ON) No. 41182 (New Rule): R356-3. Electronic Meetings. SUMMARY OF THE RULE OR CHANGE: This rule establishes procedures for public bodies that hold open meetings by electronic meetings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no known anticipated costs or savings to the state budget because the State Commission on Criminal and Juvenile Justice (CCJJ) already has all necessary equipment and venues to conduct electronic meetings. - LOCAL GOVERNMENTS: There are no known anticipated costs or savings to local government because this rule only applies to electronic meetings held by the public bodies staffed by CCJJ, which already has all necessary equipment and venues to conduct electronic meetings. - SMALL BUSINESSES: There are no known anticipated costs or savings to small businesses because this rule only applies to electronic meetings held by the public bodies staffed by CCJJ, which already has all necessary equipment and venues to conduct electronic meetings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no known anticipated costs or savings to persons, small businesses, businesses, or local government entities because this rule only applies to public bodies staffed by CCJJ. Additionally, CCJJ already has all necessary equipment and venues to conduct electronic meetings. Therefore, impact on other persons is unlikely. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs to affected persons because CCJJ already has all necessary equipment and venues to conduct electronic meetings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule allows members of a public body to participate in meetings by electronic means while still allowing the public to attend, monitor and participate in the open portions of the meeting. CCJJ will facilitate these meetings with no additional costs and participation by the public will not change from current practices. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronald Gordon by phone at 801-538-1432, by FAX at 801-538-1024, or by Internet E-mail at rbgordon@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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41182.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41174 (Amendment): R414-60. Medicaid Policy for Pharmacy Program. SUMMARY OF THE RULE OR CHANGE: This amendment implements coverage and reimbursement policies for covered outpatient drugs in accordance with federal law. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department anticipates this change to be budget neutral because savings created by the Federal Upper Limit and the National Average Drug Acquisition Cost are offset by variable increases in drug dispensing fees. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund the Pharmacy program nor reimburse Medicaid providers for drug purchases. - SMALL BUSINESSES: There is no impact to small businesses because potential revenue is offset by the Federal Upper Limit, the National Average Drug Acquisition Cost, and increases in drug dispensing fees. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers because potential revenue is offset by the Federal Upper Limit, the National Average Drug Acquisition Cost, and increases in drug dispensing fees. Additionally, there is no impact to Medicaid clients because this change neither affects prescribed drug services nor creates out-of-pocket expenses. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider because higher dispensing fees are offset by potential revenue. Additionally, there is no impact to a single Medicaid client because this change neither affects prescribed drug services nor creates out-of-pocket expenses. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because any increase in dispensing fees will be offset by other revenue. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 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: 04/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41174.htm No. 41175 (Amendment): R414-60A-2. DUR Board Composition and Membership Requirements. SUMMARY OF THE RULE OR CHANGE: This amendment updates DUR Board membership to include a pharmacist who will represent ACOs. It also makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment only updates DUR Board composition and implements new membership requirements. It neither affects services to Medicaid clients nor reimbursement to Medicaid providers. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund the DUR Board nor make administrative decisions regarding its composition. - SMALL BUSINESSES: There is no impact to small businesses because this amendment only updates DUR Board composition and implements new membership requirements. It neither affects services to Medicaid clients nor reimbursement to Medicaid providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid clients because this amendment only updates DUR Board composition and implements new membership requirements. It neither affects Medicaid services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid client because this amendment only updates DUR Board composition and implements new membership requirements. It neither affects Medicaid services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because membership changes to the DUR Board do not affect the operation of any businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 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: 04/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41175.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 41173 (Amendment): R501-14. Human Service Program Background Screening. SUMMARY OF THE RULE OR CHANGE: This rule change reflects changes in processes due to a consolidation of rap-back screenings done by the Department of Public Safety. In addition, this amendment includes increased flexibility on length of a valid background screening approval, and clarifies the types of misdemeanors that do not need to go to a committee for approval. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no change to state budget due to this rule update. The Office of Licensing simply collects and processes information and fees a bit differently due to the changes. Volume is unaffected. There may be a slight savings in that fewer background screenings need to be reviewed by the Department of Human Services committee. - LOCAL GOVERNMENTS: Local governments are not affected by these changes financially. Volume and who gets the background screenings remain unchanged. - SMALL BUSINESSES: Small businesses are not affected by these changes financially. Volume and who gets the background screenings remain unchanged. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No other persons are not affected by these changes financially. Volume and who gets the background screenings remain unchanged if anyone in this category is affected by background screening in the first place. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no increased costs for licensees, their staff, or anyone else related to this. Volume and who gets the background screenings remain unchanged if anyone in this category is affected by background screening in the first place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change has no measurable fiscal impact on any business. Nothing has changed for the providers licensed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 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 - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov - Jennifer Stahle by phone at 801-538-9897, by FAX at 801-538-4553, or by Internet E-mail at jenstahle@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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41173.htm RECOVERY SERVICES No. 41170 (Amendment): R527-250. Emancipation. SUMMARY OF THE RULE OR CHANGE: Subsection R527-250-2(1) and (4) were updated to help clarify what other type of information may be provided to the office as proof of graduation, as well as to delete unnecessary words to help the sentence flow better. Section R527-250-3 has been deleted and rewritten to include early emancipation situations and the documentation that the parents must provide to the office verifying the child's early completion of high school course requirements. Section R527-250-4 was updated to help provide clarification for that section. In Subsection R527-250-5(3), the last part of the sentence was deleted as it is not needed, and in Subsection R527-250- 5(4), other minor changes were made to better help the flow of the sentence. A new citation was added to the citation block at the end of the rule text, Section 62A-11-107. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments provide clarification about which month ORS will process the emancipation of the children in its caseload; it does not change the number of children who will need to be emancipated from its caseload. Therefore, there is no anticipated cost or savings to the state budget due to the amendments to this rule. - LOCAL GOVERNMENTS: Administrative rules of ORS/CSS do not apply to local government. This rule only pertains to graduating high school students and their parents. Therefore, there are no anticipated costs or savings to local government. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the changes to the rule only affect graduating high school students and their parents. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is possible that there may be some costs for parents with an 18- year-old child that chooses to graduate early from high school; the non- custodial parent may have costs associated with providing ORS with documentation of the child's early graduation from high school. For example, there may be costs associated with making copies of the child's high school transcript or a letter from the high school as proof of completion and early graduation when a copy of a high school diploma is not yet released or granted. There may be costs associated with mailing or faxing documentation to the office, etc. If the child support ends earlier, the custodial parent may have added costs during the months that he or she would have anticipated receiving child support had the child not graduated early. However, it is not possible to determine what those costs will be because there is no way of knowing how many 18-year-old students in the state of Utah will take advantage of early graduation, causing their emancipation. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is possible that there may be some costs for parents with an 18-year-old child that chooses to graduate early from high school; the non-custodial parent may have costs associated with providing ORS with documentation of the child's early graduation from high school. For example, there may be costs associated with making copies of the child's high school transcript or a letter from the high school as proof of completion and early graduation when a copy of a high school diploma is not yet released or granted. There may be costs associated with mailing or faxing documentation to the office, etc. If the child support ends earlier, the custodial parent may have added costs during the months that he or she would have anticipated receiving child support had the child not graduated early. However, it is not possible to determine what those costs will be because there is no way of knowing how many 18-year-old students in the state of Utah will take advantage of early graduation, causing their emancipation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts to businesses because the changes to this rule do not affect businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Andrew Clement by phone at 801-741-7434, by FAX at 801-536-8509, or by Internet E-mail at aclement@utah.gov - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41170.htm INSURANCE ADMINISTRATION No. 41172 (Amendment): R590-262. Health Data Authority Health Insurance Claims Reporting. SUMMARY OF THE RULE OR CHANGE: The original proposed rule has two separate areas that provided for two different standards of exemption. The rule change moves both exemptions to the same section and makes the exemption standards the same. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The change is merely for clarification purposes and will have no effect on budgeting. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. The change is merely for clarification purposes and will have no effect on budgeting. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The change is merely for clarification purposes and will have no effect on budgeting. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The change is merely for clarification purposes and will have no effect on budgeting. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The change is merely for clarification purposes and has no costs associated with it. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact on businesses due to this rule change. The change is merely being done to create a more logical flow and to align the standards laid out in the rule, which will make the rule clearer. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41172.htm NATURAL RESOURCES PARKS AND RECREATION No. 41154 (Amendment): R651-215-8. River Throw Bag in Lieu of Type IV PFD. SUMMARY OF THE RULE OR CHANGE: Although the intent of the rule is solid with swift water rescue techniques, the state of Utah cannot exclude safety items required by the Code of Federal Regulations (CFR). It was recommended that this section be removed so that the rule is in compliance with 33 CFR 175.15. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated revenue or cost incurred because the Division already has the equipment. - LOCAL GOVERNMENTS: There is no effect to minimal effect to local government of $15 per boat that is over 16 feet in length if they do not have the device. Most government boats carried this device already. - SMALL BUSINESSES: There is a minimal anticipated cost on small businesses of $15 per boat that is over 16 feet in length. Most commercial boats are 15 feet average. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is a minimal anticipated cost on small businesses of $15 per boat that is over 16 feet in length. Most private boats are 15 feet average. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is an anticipated additional cost of $15 per boat for those boats that are not carrying the flotation device. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41154.htm WILDLIFE RESOURCES No. 41153 (Amendment): R657-9. Taking Waterfowl, Wilson's Snipe and Coot. SUMMARY OF THE RULE OR CHANGE: The proposed revisions add the portion of Ogden Bay Waterfowl Management Area, known as North Bachman, to the list of rest areas. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment only adds a rest area designation to a waterfowl management area. Therefore, the Division of Wildlife Resources (DWR) determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since this amendment has a minimal impact on individual hunters and no impact on the local governments, DWR finds that this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment only adds a rest area designation to a waterfowl management area and therefore, does not have the potential to generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment only adds a rest area designation to a waterfowl management area and therefore, does not have the potential to generate a cost or savings impact to sportsmen or the other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that this amendment will not create additional costs for those who participate in wildlife- related activities in Utah because this amendment only adds a rest area designation to a waterfowl management area. 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 03/03/2017 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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41153.htm No. 41149 (Repeal): R657-16. Aquaculture and Fish Stocking. SUMMARY OF THE RULE OR CHANGE: Rule R657-16 provides the standards and procedures for institutional aquaculture, short-term fishing events, private fish stocking, and displaying aquaculture products or aquatic wildlife in aquaria. This rule has been incorporated into Rule R657-59 and is no longer needed as a separate rule. Consequently, the rule is repealed in its entirety. (Editor's Note: A proposed amendment to Rule R657-59 is under Filing No. 41150 in this issue, February 1, 2017, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment repeals this rule. The Division of Wildlife (DWR) has determined that this amendment does not create a cost or savings impact to DWR's budget or the state budget. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the amendment. Nor are local governments indirectly impacted because the amendment does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment repeals the rule and the content has been incorporated into another rule (Rule R657-59). DWR determines the amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment repeals the rule and the content has been incorporated into another rule (Rule R657-59). DWR determines the amendment does not impose any additional requirements on other persons nor generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: This repeal does not create compliance costs for affected persons, because the requirements from this rule have been incorporated into Rule R657-59 and are therefore redundant. 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 03/03/2017 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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41149.htm No. 41148 (Amendment): R657-38. Dedicated Hunter Program. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) consolidate related sections for simplification; 2) eliminate redundancy and add clarity to rule intent throughout; 3) clarify the use of appropriate equipment respective to each season; 4) clarify timeframes in which the Wildlife Conservation and Ethics course must be completed; 5) allow residents the option of purchasing service hours; 6) simplify program extension options for military mobilization/deployment; 7) manage special circumstances for educational and religious relocations through implementing a more universal withdraw/surrender option for all participants; 8) allow participants who draw limited-entry deer permits in the big game drawing the option of extending the Dedicated Hunter Certificate of Registration one year; 9) allow participants who accept a Poaching Reported Rewards permit the option of extending enrollment one year; and 10) restructure the qualifying minimum requirements for withdrawing from the program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment makes technical and clarifying changes, and thus the Division of Wildlife Resources (DWR) determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since the amendments are only clarifying or simplifying processes already in place only, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment simply makes technical and clarifying changes. Therefore, DWR determines that the amendments do not have the potential to generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment simply makes technical and clarifying changes. Therefore, DWR determines that the amendments do not have the potential to generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that this amendment will not create additional savings or costs for those who wish to participate in the program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not create an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41148.htm No. 41150 (Amendment): R657-59. Private Fish Ponds. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule: 1) expand stocking opportunities for the private aquaculture industry; 2) clarify industry reporting requirements for short-term fishing events; 3) eliminate exemptions and convert all existing exemptions into Certificates of Registration; and 4) incorporate language from Rule R657-16 which eliminates the need for Rule R657-16. (Editor's Note: A proposed repeal of Rule R657- 16 is under Filing No. 41149 in this issue, February 1, 2017, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment removes requirements that were time consuming and difficult for the private pond owner and private aquaculture industry. The Division of Wildlife Resources (DWR) determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because only private pond owners and the private aquaculture industry are affected by this filing. - SMALL BUSINESSES: This amendment removes a requirement that was time consuming and difficult for the private pond owner and private aquaculture industry. DWR determines the amendment does not impose any additional requirements on other persons nor generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment removes a requirement that was time consuming and difficult for the private pond owner and private aquaculture industry. DWR determines the amendment does not impose any additional requirements on other persons nor generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment removes requirements that were time consuming and difficult for the private pond owners and private aquaculture industry. There are not any additional compliance costs associated with this amendment. 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 03/03/2017 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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41150.htm No. 41151 (Amendment): R657-60. Aquatic Invasive Species Interdiction. SUMMARY OF THE RULE OR CHANGE: The rule revisions: 1) require mandatory dry time, in addition to a professional decontamination, for all boats found to have attached mussels; 2) require all drain plugs and other devices that retain water to be removed during transport within the state of Utah from all watercraft coming from a waterbody infested with Dreissena mussels; 3) remove the state of Colorado from the list of infested waterbodies/regions; and 4) add quarantine language allowing UDWR Conservation Officers to restrict watercraft from launching without taking possession of the watercraft. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Wildlife Resources (DWR) determines that these amendments do not create a cost impact to the state budget or DWR's budget. However, the 2014 Utah Legislative Session appropriated $245,000 to aid in the implementation costs associated with this rule. - LOCAL GOVERNMENTS: This rule does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This rule may create a cost impact to boat owners and other water enthusiasts in Utah in that if Dreissena mussels are found in Utah the cost to decontaminate boats and other conveyances will be at the expense of the owner. The exact cost to boat owners cannot be determined as the cost is only potential and will vary from circumstance to circumstance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule may create a cost impact to boat owners and other water enthusiasts in Utah in that if Dreissena mussels are found in Utah the cost to decontaminate boats and other conveyances will be at the expense of the owner. The exact cost to boat owners cannot be determined as the cost is only potential and will vary from circumstance to circumstance. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that this rule may create a cost impact to individuals who own water vessels and boat in infested waters because they would be required to decontaminate the conveyance. The exact cost to boat owners cannot be determined as the cost is only potential and will vary from circumstance to circumstance. 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 03/03/2017 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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41151.htm No. 41152 (Amendment): R657-62. Drawing Application Procedures. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to: 1) add Sandhill Crane to the list of permits a youth may obtain; 2) remove the authorization to withhold 1% of the swan permits from the drawing to address division errors with; 3) amend the youth definition when pertaining to the taking of waterfowl, Wilson's snipe, and coot; and 4) authorize up to four youth to apply as a group. 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. Local governments are neither directly nor indirectly impacted by this rule 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 DWR drawing which DWR has determined 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 DWR drawing which DWR has determined would not generate a cost or saving impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determined that this amendment will not create a cost or savings impact to individuals who participate in hunting in Utah because this amendment simply alters the structure for using preference points in a DWR drawing. 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 03/03/2017 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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41152.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 41171 (Amendment): R986-700-706. Provider Rights and Responsibilities. SUMMARY OF THE RULE OR CHANGE: Because the Department pays child care providers directly, the Department must report the income on a 1099. To do that, the Department needs the provider's tax identification number. Some providers fail to provide the number in a timely fashion. This would end subsidies if the tax number is not provided. The proposed amendment also allows the Department to contract out audits of providers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This applies to federally-funded programs, so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This applies to federally-funded programs, so there are no costs or savings to local governments. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including persons affected by this change because this is a federally-funded program. 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2017 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: 03/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41171.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. ADMINISTRATIVE SERVICES FINANCE No. 41127 (Emergency Rule): R25-7. Travel-Related Reimbursements for State Employees. SUMMARY OF THE RULE OR CHANGE: The rule decreases reimbursement rate for mileage on private vehicles. (Editor's Note: A corresponding proposed amendment is under Filing No. 41147 in this issue, February 1, 2017, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Effective 01/01/2017, the IRS decreased the mileage reimbursement rate for private vehicles from 54 cents per mile to 53.5 cents per mile. If the state were to reimburse employees at a rate higher than the IRS rate, the amount over the IRS rate would be taxable to the employee. To avoid that complication, the Division has decreased the state reimbursement rate for private vehicles to 53 cents per mile. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will potentially be a decrease in cost to the state as mileage reimbursements are decreasing. However, the Division cannot determine exactly what the decrease will be because it is impossible to anticipate how much travel state employees will do. - LOCAL GOVERNMENTS: There will not be costs to local governments because the rule only governs reimbursements by the state to individuals traveling on state business. - SMALL BUSINESSES: Because the change deals only with reimbursement rates for mileage for state employees, small businesses are not affected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursement will see a slight decrease in their mileage reimbursement amounts for travel in private vehicles. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the amendment only changes mileage reimbursement rates and does not require any new action on the part of persons applying for reimbursements, there are not compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are warranted. Individuals may see a slight decrease in reimbursements amounts. However, the Division cannot determine exactly what the decrease will be as that depends on the amount of travel by individuals eligible for mileage reimbursement. This rule will have no impact on business. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 01/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41127.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at http://www.rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES FINANCE No. 41124 (5-year Review): R25-14. Payment of Attorney's Fees in Death Penalty Cases. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 78B-9-202(3) continues to require this rule. The Division of Finance continues to make payments under this program as required by the courts. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Reidhead by phone at 801-538-1678, by FAX at 801-538-3244, or by Internet E-mail at jreidhead@utah.gov EFFECTIVE: 01/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41124.htm AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 41168 (5-year Review): R58-1. Admission, Identification, and Inspection of Livestock, Poultry, and Other Animals. 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 the intent of these rules to eliminate or reduce the spread of diseases among animals by providing standards to be met in the movement of animals within the state of Utah and the importation of animals into the state. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barry Pittman by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bpittman@utah.gov - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41168.htm No. 41164 (5-year Review): R58-3. Brucellosis Vaccination Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Is is the intent of this rule to state the brucellosis vaccination requirement for cattle and bison within the state of Utah. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barry Pittman by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bpittman@utah.gov - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41164.htm No. 41165 (5-year Review): R58-6. Poultry. 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 the intent of this rule to prevent and control disease in poultry in the state of Utah. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barry Pittman by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bpittman@utah.gov - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41165.htm No. 41162 (5-year Review): R58-18. Elk Farming. 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 the intent of this rule to enforce laws and rules relating to the importation, possession, or transportation of domesticated elk into the state or within the state; the inspection of domesticated elk facilities; prevention of the outbreak and control of the spread of disease-causing pathogens among domesticated elk in domesticated elk facilities; prevention of the spread of disease-causing pathogens from domesticated elk to wildlife, other animals, or humans; and if necessary, the quarantining of any domesticated elk. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barry Pittman by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bpittman@utah.gov - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41162.htm No. 41163 (5-year Review): R58-22. Equine Infectious Anemia (EIA). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The intent of this rule is to eliminate or reduce the spread of equine infectious anemia (EIA) among equines by providing for a protocol for testing and handling of equines infected and exposed to EIA. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barry Pittman by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bpittman@utah.gov - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41163.htm No. 41167 (5-year Review): R58-23. Equine Viral Arteritis (EVA). 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 the intent of this rule to eliminate or reduce the spread of Equine Viral Arteritis (EVA) among equids by providing for a protocol for handling of equids and semen infected and/or exposed to equine arteritis virus. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barry Pittman by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bpittman@utah.gov - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41167.htm REGULATORY SERVICES No. 41160 (5-year Review): R70-201. Compliance Procedures. 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 sets forth the procedures that the Division of Regulatory Services must follow in issuing emergency orders and conducting hearings. The rule should be continued for orders to be issued in a consistent manner. 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 - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41160.htm No. 41166 (5-year Review): R70-320. Minimum Standards for Milk for Manufacturing Purposes, Its Production and Processing. 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 sets sanitation conditions for dairies which produce milk for manufacturing purposes. Further, it establishes the sanitation conditions for dairy plants and the standards/grade of the milk that can be used in various manufactured processes. A continuation of this rule is necessary to protect the public health and promote fair practices amongst the industry. 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 - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41166.htm No. 41159 (5-year Review): R70-350. Ice Cream and Frozen Dairy Food 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 establishes the standards for labeling, sanitation, pasteurization, misbranding, and bacteria. The rule needs to be continued in order to protect public safety. 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 - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41159.htm No. 41161 (5-year Review): R70-360. Procedure for Obtaining a License to Test Milk for Payment. 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 sets up the licensing requirements for persons conducing the test on milk to establish bacterial quality and to grade the milk. The rule should be continued so as to have a standard testing procedure in place for all milk producers. 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 - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41161.htm No. 41158 (5-year Review): R70-550. Utah Inland Shellfish Safety Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule establishes the sanitation and record keeping practices necessary to manufacture and process shellfish in Utah. This rule is necessary not only for producers to sale their product in Utah, but also to be allowed to transport and market their products in other states. 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 - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41158.htm No. 41157 (5-year Review): R70-560. Inspection and Regulation of Cottage Food Production Operations. 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 establishes the licensing, labeling, distribution, and storage requirements for cottage food production. This rule needs to be continued in order to ensure the safety of the food being produced for human consumption. 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 - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41157.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41144 (5-year Review): R156-56. Building Inspector and Factory Built Housing Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued, as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 56, with respect to building inspectors and factory built housing. The rule should also be continued, as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov EFFECTIVE: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41144.htm No. 41145 (5-year Review): R156-64. Deception Detection Examiners Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued, as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 64, with respect to deception detection examiners, deception detection interns, and deception detection examination administrators. The rule should also be continued, as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov EFFECTIVE: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41145.htm No. 41146 (5-year Review): R156-78B. Prelitigation Panel Review Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform persons of the Division's requirements with respect to the medical liability prelitigation program as provided in Title 78B, Chapter 3, Part 4. 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: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41146.htm EDUCATION ADMINISTRATION No. 41186 (5-year Review): R277-702. Procedures for the Utah High School Completion Diploma. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-702 continues to be necessary because it provides the standards and procedures required for an individual to obtain a Utah High School Completion Diploma. 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: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41186.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 41177 (5-year Review): R313-15. Standards for Protection Against Radiation. 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 needs to be continued to ensure that the state's rules are adequate to protect public health and safety. The requirements are necessary to control the receipt, possession, use, transfer, and disposal of sources of radiation by a licensee or registrant so that the total dose to an individual, including the doses resulting from all sources of radiation other than background radiation, do not exceed established safety standards. The rule is also needed to meet Utah's commitment, as an Agreement State with the U.S. Nuclear Regulatory Commission (NRC), in order to maintain regulatory compatibility with the NRC. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41177.htm No. 41178 (5-year Review): R313-21. General Licenses. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R313-21 establishes general licenses for the possession and use of radioactive material contained in certain items and a general license for ownership of radioactive material. The licensing is required by statute and is for the protection of citizens and of Utah and the control of radioactive material. As an Agreement State with the U.S. Nuclear Regulatory Commission (NRC), this rule is necessary in order to maintain regulatory compatibility with the NRC. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41178.htm No. 41179 (5-year Review): R313-24. Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements. 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 because it establishes the requirements for the regulation of uranium milling facilities and disposal of uranium mill tailings in the state of Utah. In addition, under an agreement with the U.S. Nuclear Regulatory Commission, the Division is the regulator and the rule is required for the state of Utah to maintain primacy from the U.S. Nuclear Regulatory Commission. There are four facilities in Utah that are regulated under this rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41179.htm No. 41180 (5-year Review): R313-30. Therapeutic Radiation Machines. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board has determined that there is a need to write rules to control the use of radiation sources that constitute a significant health hazard. This rule specifies the regulatory requirements for radiation originating from Therapeutic Radiation Machines, such as a linear accelerator. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41180.htm No. 41181 (5-year Review): R313-34. Requirements for Irradiators. 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 must be continued because it establishes the requirements for the possession and use of sealed sources containing radioactive materials in irradiators. These devices use high levels of gamma radiation to sterilize various products, primarily medical devices and pharmaceutical chemicals. The rule provides for protection of public health and safety by controlling the use of panoramic irradiators that have either dry or wet storage of the radioactive sealed sources; underwater irradiators in which both the source and object being irradiated are under water; and irradiators whose dose rate exceeds 55 rad per hour at one meter from the radioactive source in air or in water. As an Agreement State, this rule is needed to maintain regulatory compatibility with the U.S. Nuclear Regulatory Commission (NRC). DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41181.htm No. 41183 (5-year Review): R313-35. Requirements for X-Ray Equipment Used for Non-Medical Applications. 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 needs to continue to ensure that requirements and standards are in place for the adequate protection of public health and safety associated with the use of x-ray machines used for non-medical applications. The rule is consistent with national standards established by radiation control program experts. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41183.htm No. 41184 (5-year Review): R313-37. Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material. 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 because it prescribes requirements for the physical protection program for a licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material. As an Agreement State, this rule is needed to maintain regulatory compatibility with the U.S. Nuclear Regulatory Commission (NRC). DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41184.htm No. 41185 (5-year Review): R313-38. Licenses and Radiation Safety Requirements for Well Logging. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Waste Management and Radiation Control Board has determined that there is a need for rules to control the use of radiation sources that constitute a significant health hazard. This rule specifies the regulatory requirements for radiation sources used in Well Logging operations. Therefore, this rule should be continued. As an Agreement State, this rule is needed to maintain regulatory compatibility with the U.S. Nuclear Regulatory Commission (NRC). DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41185.htm WATER QUALITY No. 41193 (5-year Review): R317-12. Certification of Water Pollution Control Facility or Freestanding Pollution Control Property. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule should be continued because it provides guidance to companies as to whether their pollution control facility is eligible for certification from the Utah Division of Water Quality. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41193.htm FINANCIAL INSTITUTIONS NONDEPOSITORY LENDERS No. 41123 (5-year Review): R343-1. Rule Governing Form of Disclosures For Title Lenders, Who Are Under 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: The statutory provision states that the department shall, by rule, specify the information to be provided in a disclosure form. This rule establishes minimum standards for the form of disclosure for title lenders to protect the public interest. 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: 01/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41123.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41125 (5-year Review): R414-10A. Transplant Services 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 Department will continue this rule because it defines important terms and provisions, sets forth eligibility and access requirements, specifies service coverage and prior authorization, clarifies covered and non-covered services for stem cell transplantation, and lists criteria for requests of non-covered services. There is no opposition to the rule itself and the Department filed a change in proposed rule that addresses the written comments and makes other clarifications. 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 EFFECTIVE: 01/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41125.htm No. 41126 (5-year Review): R414-21. Physical Therapy and Occupational Therapy. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements physical therapy and occupational therapy for Medicaid clients and reimbursement to service providers. 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 EFFECTIVE: 01/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41126.htm INSURANCE ADMINISTRATION No. 41134 (5-year Review): R590-70. Insurance Holding Companies. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R590-70 contains detailed instructions for the registration and filings of Utah domestic insurers in a holding company corporate structure. Without this rule, the statute itself is not adequate to prescribe uniformity, completeness, and accuracy in compliance with the same. Without the rule, there would be little or no guidance for insurers and no linkage to the department's policies, procedures, and forms. 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: 01/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41134.htm No. 41135 (5-year Review): R590-95. Rule to Permit the Same Minimum Nonforfeiture Standards for Men and Women Insureds Under the 1980 CSO and 1980 CET Mortality Tables. 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 was adopted as a result of the 1983 U.S. Supreme Court Case of Arizona Governing Committee v. Norris. The court ruled that the use of gender-based actuarial tables in an annuity for an employer's pension plan violates the federal Civil Rights Act of 1964. As a result, the National Association of Insurance Commissioners (NAIC) created regulations that recognize mortality tables utilizing gender-blended nonforfeiture standards for men and women. Most states, including Utah, adopted the rule. It allows insurance companies that issue annuity contracts to employer-clients to comply with the Norris decision. 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: 01/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41135.htm No. 41136 (5-year Review): R590-114. Letters of Credit. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Without Rule R590-114, letters of credit may not be of adequate quality to ensure the effectiveness of certain reinsurance agreements. The rule protects the ceding insurer's security interest in reinsurance ceded by means of the letter of credit. The rule may also affect other areas of statutory accounting, such as credit for reinsurance ceded. 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: 01/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41136.htm No. 41137 (5-year Review): R590-142. Continuing Education 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 important because it specifies how continuing education (CE) courses are approved by the department. The rule also sets standards for the issuance and filing of the certificate for CE credit. This rule makes clear the standards that all licensees must meet in order to receive the CE hours required by law. It also helps build the professionalism of those who work in the insurance industry and improves the accuracy of insurance information delivered to consumers. 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: 01/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41137.htm No. 41138 (5-year Review): R590-143. Life and Health Reinsurance Agreements. 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 prevents insurers from reducing a liability or increasing an asset when any of the listed provisions exist. This rule contains scenarios that should not exist relating to the Life and Health Reinsurance Agreements to assure transfer of risk. Risk transfer is essential if a large event (claim) should occur that would cause the insurer to make a monetary settlement beyond its surplus capacity. The contracts shall be written in a manner that assures the reinsurer is assuming the risk to prevent a significant drain of the insurer's surplus. 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: 01/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41138.htm No. 41139 (5-year Review): R590-147. Annual and Quarterly Statement Filing Instructions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: If this rule is not continued in force, it may create confusion for insurers regarding their quarterly and annual reporting requirements for the NAIC and the Utah Insurance Department. Annual and quarterly statements may be filed incorrectly more frequently, resulting in costly and unnecessary follow-ups both by insurers and the department. 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: 01/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41139.htm No. 41140 (5-year Review): R590-150. Commissioner's Acceptance of Examination Reports. 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 supports Subsection 31A-2-203(4) by defining standards that must be met in reports of examinations conducted by insurance departments of other states in order to be acceptable to the commissioner. Standards were implemented as a result of the NAIC accreditation program. 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: 01/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41140.htm TITLE AND ESCROW COMMISSION No. 41141 (5-year Review): R592-14. Delay or Failure to Record Documents and the Insuring of Properties with the False Appearance of Unmarketability as Unfair Title Insurance Practices. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule was approved by the Title and Escrow Commission at its 01/09/2017 meeting. This rule is important to prohibit intentional delay, neglect, or refusal by insurers to record or deliver for recording documentation that is necessary to support policy insuring provisions, resulting in the false appearance of unmarketability, in the record only, of property that would otherwise be marketable. This practice is deemed to be an unfair or deceptive act or practice detrimental to free competition in the business of insurance and is injurious to the public. 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: 01/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41141.htm NATURAL RESOURCES FORESTRY, FIRE AND STATE LANDS No. 41143 (5-year Review): R652-140. Utah Forest Practices 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 clarifies the procedure through which operators must register with the Division and notify the Division of their intent to conduct forest practices. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 01/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41143.htm PARDONS (BOARD OF) ADMINISTRATION No. 41122 (5-year Review): R671-101. Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule provides an introduction to the Board's administrative rules and is a statement that rules should be interpreted in the interest of public safety so long as the rights of a party are not substantially impacted. Therefore, this rule should be continued. 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 EFFECTIVE: 01/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41122.htm No. 41176 (5-year Review): R671-402. Special Conditions of Parole. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The best practice for setting parole conditions is to tailor the conditions to the individual's risk and need. For example, a person who commits sex offenses against children would have a special parole condition restricting the individual from being in positions of trust over children. The Board supports the continuation of this rule because it allows the Board the ability to add special conditions to a standard parole agreement according to the needs of the individual. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41176.htm No. 41121 (5-year Review): R671-403. Restitution. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule should be continued because it provides direction about how restitution may be ordered by the Board including the process and parameters for approval. The rule gives explanation and direction to victims and offenders who need to claim restitution or dispute the order of the Board. 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 EFFECTIVE: 01/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41121.htm PUBLIC SAFETY DRIVER LICENSE No. 41128 (5-year Review): R708-3. Driver License Point System Administration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The division is required by Utah code to set rules and establishing a point system. Each moving traffic violation will be assigned a number of points as a measure of the seriousness of the violation. 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 - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41128.htm No. 41133 (5-year Review): R708-7. Functional Ability in Driving: Guidelines for Physicians. 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 required by Subsection 53-3-104(13). This rule interprets Section 53-3-303 and Section 53-3-304 as it outlines the responsibilities of the driver, health care professional, and Medical Advisory Board with regards to health and driving. The rule establishes guidelines for licensing drivers who have a mental, emotional, or physical condition that might impair their ability to safely operate a motor vehicle. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41133.htm No. 41129 (5-year Review): R708-8. Review Process: Driver License Medical Review Section. 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 set in place to accomplish the legislative intent set forth in Section 53-3-303 as it pertains to a driver's right to have a review of any action taken by the Division as it pertains to a suspension, revocation, denial, disqualification, cancellation, or restriction placed upon the applicant's driving privilege as a result of a physical, mental, or emotional condition which may impair the applicant's ability to safely operate a motor vehicle. This rule sets forth clear guidelines and establishes a process that organizes this Division to help ensure due process of law as it pertains to any actions imposed on the driver. Each step creates an obligation for the Division, Medical Board, and the driver in ensuring that a proper review is conducted when an aggrieved applicant or licensee wishes to petition the state as is the applicant's right established in Section 53-3-224. 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 - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41129.htm No. 41130 (5-year Review): R708-14. Adjudicative Proceedings for Driver License Actions Involving Alcohol and Drugs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 63G 4-203(1) authorizes the Division to enact rules designating adjudicative proceedings as informal adjudicative proceedings and prescribing procedures for informal adjudicative proceedings. This rule designates alcohol- and drug-related adjudicative proceedings as informal and prescribes procedures for conducting alcohol- and drug-related adjudicative proceedings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41130.htm No. 41132 (5-year Review): R708-34. Medical Waivers for Intrastate Commercial Driving Privileges. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: When an applicant does not meet the minimum medical fitness qualifications as stated in 49 CFR 391.41, the applicant may still qualify for an intrastate waiver that would allow the applicant to operate a commercial motor vehicle within the boundaries of the state. This rule outlines the process that a driver must go through in order to qualify and apply for an intrastate medical waiver. As part, this rule creates a set of qualifications, responsibilities, and guidelines for both the driver and the Division to follow in order to qualify and issue a Utah Intrastate Waiver. In accordance with Subsection 63G-4-202(1), this rule designates all adjudicative proceedings with regards to a medical waiver as informal. 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 - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41132.htm No. 41131 (5-year Review): R708-35. Adjudicative Proceedings for Driver License Offenses Not Involving Alcohol or Drug Actions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 63G 4-203(1) authorizes the Division to enact rules designating adjudicative proceedings as informal adjudicative proceedings and prescribing procedures for informal adjudicative proceedings. This rule designates adjudicative proceedings for driver license offenses that are not alcohol- or drug-related as informal and prescribes procedures for conducting such informal adjudicative proceedings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41131.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 41155 (5-year Review): R850-90. Land Exchanges. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There continues to be a need for the agency to consider exchanging trust lands for other lands and/or resources. Land exchanges are typically very complicated transactions that require a lot of preliminary review and evaluation. This rule provides the application procedures and review criteria required for the exchange of trust lands in order that the agency may fulfill its fiduciary responsibility to the various trust beneficiaries by optimizing and maximizing the return on the exchanged lands and/or resources. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41155.htm No. 41156 (5-year Review): R850-120. Beneficiary Use of Institutional Trust Land. 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 allows for in-kind use by the trust beneficiaries of their respective institutional trust lands administered by the agency for a direct economic benefit. The procedures and criteria outlined in this rule allow for the agency to respond to beneficiary requests for non-compensated use of their respective lands without having to use the same standards that apply to members of the general public or other governmental entities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov EFFECTIVE: 01/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170201/41156.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. 40951 (AMD): R58-11.Slaughter of Livestock and Poultry Published: 12/01/2016 Effective: 01/12/2017 COMMERCE CONSUMER PROTECTION No. 40920 (AMD): R152-6.Utah Administrative Procedures Act Rules Published: 11/15/2016 Effective: 01/09/2017 EDUCATION ADMINISTRATION No. 41004 (NEW): R277-499.Seal of Biliteracy Published: 12/01/2016 Effective: 01/10/2017 No. 41005 (AMD): R277-503.Licensing Routes Published: 12/01/2016 Effective: 01/10/2017 No. 41006 (AMD): R277-507.Driver Education Endorsement Published: 12/01/2016 Effective: 01/10/2017 No. 41007 (AMD): R277-512.Online Licensure Published: 12/01/2016 Effective: 01/10/2017 No. 41008 (NEW): R277-517.LEA Codes of Conduct Published: 12/01/2016 Effective: 01/10/2017 No. 41009 (AMD): R277-531.Public Educator Evaluation Requirements (PEER) Published: 12/01/2016 Effective: 01/10/2017 No. 41010 (AMD): R277-533.District Educator Evaluation Systems Published: 12/01/2016 Effective: 01/10/2017 HEALTH ADMINISTRATION No. 40993 (REP): R380-400.Use of Statistical Sampling and Extrapolation Published: 12/01/2016 Effective: 01/10/2017 CHILDREN'S HEALTH INSURANCE PROGRAM No. 40997 (AMD): R382-10-11.Household Composition and Income Provisions Published: 12/01/2016 Effective: 01/17/2017 DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 40901 (REP): R388-803.HIV Test Reporting Published: 11/15/2016 Effective: 02/01/2017 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40998 (AMD): R414-304-5.MAGI-Based Coverage Groups Published: 12/01/2016 Effective: 01/17/2017 DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 40868 (REP): R438-10.Rules for Establishment of a Procedure to Examine the Blood of All Adult Pedestrians and All Drivers of Motor Vehicles Killed in Highway Accidents for the Presence and Concentration of Alcohol, for the Purpose of Deriving Statistics Therefrom Published: 11/01/2016 Effective: 01/11/2017 DISEASE CONTROL AND PREVENTION, LABORATORY IMPROVEMENT No. 41000 (REP): R444-11.Rules for Approval to Perform Blood Alcohol Examinations Published: 12/01/2016 Effective: 01/20/2017 HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 40929 (R&R): R501-1.General Provisions Published: 11/15/2016 Effective: 01/17/2017 No. 40931 (AMD): R501-14.Human Service Program Background Screening Published: 11/15/2016 Effective: 01/17/2017 CHILD AND FAMILY SERVICES No. 40933 (NEW): R512-311.Out-of-Home Services. Psychotropic Medication Oversight Panel Published: 12/01/2016 Effective: 01/10/2017 SUBSTANCE ABUSE AND MENTAL HEALTH No. 40934 (AMD): R523-4.Screening, Assessment, Prevention, Treatment and Recovery Support Standards for Adults Required to Participate in Services by the Criminal Justice System Published: 12/01/2016 Effective: 01/17/2017 No. 40999 (AMD): R523-11-3.Certification Requirements for DUI Educational Providers Published: 12/01/2016 Effective: 01/17/2017 INSURANCE ADMINISTRATION No. 40954 (R&R): R590-70.Insurance Holding Companies Published: 12/01/2016 Effective: 01/10/2017 No. 40955 (AMD): R590-173.Credit for Reinsurance Published: 12/01/2016 Effective: 01/10/2017 NATURAL RESOURCES FORESTRY, FIRE AND STATE LANDS No. 41012 (AMD): R652-1.Definition of Terms Published: 12/01/2016 Effective: 01/10/2017 No. 41011 (AMD): R652-120.Wildland Fire Published: 12/01/2016 Effective: 01/10/2017 No. 41013 (AMD): R652-121.Wildland Fire Suppression Fund Published: 12/01/2016 Effective: 01/10/2017 No. 41014 (AMD): R652-122.County Cooperative Agreements with State for Fire Protection Published: 12/01/2016 Effective: 01/10/2017 No. 41015 (REP): R652-123.Exemptions to Wildland Fire Suppression Fund Published: 12/01/2016 Effective: 01/10/2017 PUBLIC SAFETY EMERGENCY MANAGEMENT No. 40956 (NEW): R704-3.Local Government Emergency Response Loan Program Published: 12/01/2016 Effective: 01/12/2017 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 . <> ----------------------------