---------------------------- Utah State Digest, Vol. 2017, No. 5 (March 1, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed February 2, 2017, 12:00 AM through February 15, 2017, 11:59 PM Volume 2017, No. 5 March 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 https://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 https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publicat/digest.htm and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Hearing for the Regional Haze - Sulfur Dioxide Milestone Report - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/sn158533.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Establishing Effective Oversight Over State Agency Rulemaking, Utah Exec. Order No. 2017-1 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2017/ExecDoc158500.htm NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between February 2, 2017, 12:00 a.m., and February 15, 2017, 11:59 p.m. are summarized in this, the March 1, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the March 1, 2017, issue of the Utah State Bulletin until at least March 31, 2017 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through June 29, 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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41299 (Amendment): R156-1. General Rule of the Division of Occupational and Professional Licensing. SUMMARY OF THE RULE OR CHANGE: Section R156-1-109 provides that the Division's Residence Lien Recovery Fund manager, bureau manager, or program coordinator designated in writing by the director, is the presiding officer for the informal adjudicative proceedings approving or denying an application for a tax credit certificate under Section 58-1-111. The new Section R156-1- 111a clarifies certain definitions established in Section 58-1-111 as follows: 1) "Psychiatrist" as defined under Subsection 58-1-111(1)(d) is further defined to include a licensed physician who is board certified for the required psychiatry specialization; and 2) the definition of "volunteer retired psychiatrist" under Subsection 58-1-111(1)(f)(ii) is further defined as a physician or osteopathic physician licensed under the Retired Volunteer Health Practitioner Act, who is previously or currently board certified for a psychiatry specialization recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association's Bureau of Osteopathic Specialists (BOS). The new Section R156-1-111b sets out the requirements for an application to the Division for issuance of a tax credit certificate under Section 58-1-111. The applicant must provide the following: 1) the original application made available on the Division's website, containing the signed attestation of compliance; and 2) any additional documentation required by the division to verify the applicant's representations. In Section R156-1-404d, the filing codifies existing practice and clarifies the timing and procedure of acting upon an application for entry into a diversion agreement. 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 cost to the state to implement the standards imposed by Section R156-1-109 and the new Sections R156-1-111a and R156-1-111b per H.B. 265 (2016) are addressed in the fiscal note attached to H.B. 265. Any additional costs to the Department of Commerce and to the Division should be absorbed in their current budgets, because implementation and application processing will be handled within regular working hours. The designation of these matters as informal adjudicative proceedings and designating a program manager as the presiding officer 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 the circumstances. The changes to Section R156-1-404d in this filing only codify existing practice for applicants for entry into a diversion program and will not affect or impact the state budget. - LOCAL GOVERNMENTS: In Section R156-1-109 and the new Sections R156-1-111a and R156-1-111b, the proposed new amendments apply only to persons licensed as psychiatrists or psychiatric mental health nurse practitioners under the specific requirements of the statute and rule who choose to establish a new practice in Utah or choose to provide volunteer behavioral health treatment in Utah to certain underserved populations. The services provided could possibly benefit a local government by improving the mental health of any population it serves that would otherwise go without needed psychiatric care because of financial reasons or lack of access to health care practitioners; the provided services may save one or more lives. The amount of the savings cannot be estimated as it will vary depending on circumstances. The changes to Section R156-1-404d in this filing only codify existing practice for applicants for entry into a diversion program, and will not affect or impact local governments. - SMALL BUSINESSES: In Section R156-1-109 and the new Sections R156-1-111a and R156-1-111b, psychiatrists and psychiatric mental health nurse practitioners who operate small businesses and choose to provide volunteer services will be impacted by the cost of recordkeeping and lost revenue if they substitute time they could be billing for professional services to provide volunteer health care services. However, as described in the fiscal note, these costs will be offset by the available $10,000 Utah income tax credit provided to the individual practitioner. The designation of these matters as informal adjudicative proceedings and designating a program manager as the presiding officer will reduce the time and expense incurred by small business owners who submit applications. The amount of the costs or savings cannot be estimated as it will vary from business to business depending on circumstances. The changes to Section R156-1-404d in this filing only codify existing practice for applicants for entry into a diversion program, and will not affect or impact small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In Section R156-1-109 and the new Sections R156-1-111a and R156-1- 111b, licensees will bear the cost of the services provided, relative to their time spent providing the services and documenting such services, and then applying to the Division for the tax credit certificate. The designation of these matters as informal adjudicative proceedings and designating a program manager as the presiding officer will reduce the time and expense incurred by persons who submit applications. The services provided could possible benefit numerous persons in Utah by improving the mental health of those who would otherwise go without needed psychiatric care because of financial reasons or lack of access to health care practitioners; these services may save one or more lives. The amount of the cost or savings cannot be estimated as it will vary depending on circumstances. The changes to Section R156-1-404d in this filing only codify existing practice for persons who apply for entry into a diversion program, and will have no additional impact on such persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: In Section R156-1-109 and the new Sections R156-1-111a and R156-1-111b, a licensee will bear the cost of the volunteer services provided, relative to the licensee's time spent providing the services, documenting such services, and applying to the Division for the tax credit certificate. The changes to Section R156-1-404d in this filing will have no compliance cost for an affected person who applies for entry into a diversion program, as it only clarifies and codifies existing practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendments to Rule R156-1 make the following changes: 1) carry out the mandate of H.B. 265, Mental Health Practitioner Amendments, passed during the 2016 General Session, for the Division to make rules to enable psychiatrists or psychiatric mental health nurse practitioners to apply for and receive a tax credit certificate from the Division under certain circumstances; 2) clarify the timing and procedure of action upon an application for entry into a diversion agreement; and 3) make certain technical revisions. Psychiatrists and psychiatric mental health nurse practitioners who operate small businesses and choose to provide volunteer services will be impacted by the cost of recordkeeping and lost revenue if they substitute time they could be billing for professional services to provide volunteer health care services. However, as described in the fiscal note to H.B. 265 (2016), these costs will be offset by the available $10,000 Utah income tax credit provided to the individual volunteers. The other changes to the rules will have a negligible fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 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 - David Taylor by phone at 801-530-6214, by FAX at 801-530-6511, or by Internet E-mail at dbtaylor@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41299.htm No. 41298 (Amendment): R156-55c. Plumber Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Subsection R156-55c-102(2) is modified to revise the definition of "minor plumbing work that is incidental" to include installation, as well as repair or replacement, of the plumbing appliances listed in Subsection R156-55c-102(2)(a). Further, Subsection R156-55c- 102(2)(b) is modified to include only the repair or replacement of certain listed residential type plumbing appurtenances, fixtures, and systems, where the cost of the repair or replacement, including all labor and material and changes or additions to the agreed-upon work, does not exceed $300. Finally, the terms plumbing appliances, appurtenances, fixtures, and systems, in Subsection R156-55c-102(4), are clarified to have the same meaning and interpretation as defined by Title 15A, State Construction and Fire Codes Act. In Section R156-55c-302b, the rule citation reference was updated in Subsection R156-55c-302b(2)(a). The rule citation reference was updated in Subsection R156-55c-302b(3). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments do not apply to local governments. The amendments only apply to individuals who are licensed as plumbers, individuals who may apply for licensure as a plumber, and individuals exempt from licensure under Subsection 58-55-305(1)(k)(i). - SMALL BUSINESSES: The proposed amendments may apply to small business. First, the amendments may have a negative revenue impact for individuals exempt from licensure under Subsection 58-55-305(1)(k)(i) who are operating small businesses, as their ability to perform minor incidental plumbing work as defined in Subsection R156-55c-102(2) will be limited to projects in the approved list where the repair or replacement of plumbing appurtenances, fixtures and systems does not exceed $300 in total value. This decrease in small business revenue may be slightly offset by the expansion to the scope of work allowing exempt individuals to install as well as repair and replace the plumbing appliances listed in Subsection R156-55c-102(2)(a). Similarly, small businesses who employ the services of an individual exempt from licensure under Subsection 58-55-305(1)(k)(i) may experience increased costs and a decrease in revenue if they previously could hire an individual exempt from licensure under Subsection 58-55-305(1)(k)(i) to perform any minor incidental plumbing under $300 but now will be required to pay the costs associated with hiring a licensed plumber for minor incidental plumbing that is under $300 not included in the approved list. This cost and any decrease in small business revenue may be slightly offset by the slight increase allowed in the scope of work, where exempt individuals may now install as well as repair and replace the plumbing appliances listed in Subsection R156- 55c-102 (2)(a). Conversely, these proposed amendments may cause a corresponding increase in work and potential revenue for service plumbers that operate as small businesses, because they will be hired to do all of the plumbing work that will now fall outside of the scope of minor incidental plumbing. The aggregate impact on small business cannot be estimated as it will vary from business to business depending on circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments will impact the following persons: 1) individuals exempt from licensure under Subsection 58-55-305(1)(k)(i); 2) individuals licensed as plumbers; 3) individuals who may apply for licensure as a plumber; and 4) consumers, including individual consumers as well as large companies who employ the services of a "handyman" individual exempt from licensure under Subsection 58-55-305(1)(k)(i). First, the amendments may have a negative revenue impact for individuals exempt from licensure under Subsection 58-55-305(1)(k)(i), as their ability to perform minor incidental plumbing work as defined in Subsection R156-55c-102(2) will be limited to projects in the approved list where the repair or replacement of plumbing appurtenances, fixtures and systems does not exceed $300 in total value. This decrease in revenue may be slightly offset by a slight increase in their scope of work where exempt individuals will be allowed to install as well as repair and replace the plumbing appliances listed in Subsection R156- 55c-102(2)(a). Second, the amendments may cause licensed plumbers to experience a corresponding increase in work and potential revenue, because they will be hired to do all of the plumbing work that will now fall outside of the revised scope of minor incidental plumbing. Third, persons exempt from licensure who will now be prohibited from doing the type of minor incidental plumbing work that they have in the past, may either decide to apply to become licensed plumbers, or else stop doing exempt "handyman" work entirely. Finally, the proposed amendments may negatively affect consumers who previously could hire an individual exempt from licensure under Subsection 58-55-305(1)(k)(i), to perform any minor incidental plumbing under $300. The consumer will now be required to pay the costs associated with hiring a licensed plumber for minor incidental plumbing that is under $300 not included in the approved list. This negative impact may similarly be experienced by large companies employing the services of an individual exempt from licensure to perform minor incidental plumbing, as that individual's ability to perform such work will now be reduced, and the company will be required to hire a licensed plumber. Again, these costs may be slightly offset by the expanded scope of work that will allow exempt individuals to install as well as repair and replace the plumbing appliances listed in Subsection R156-55c-102(2)(a). The aggregate costs or savings for these persons cannot be estimated as it will vary from person to person depending on circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments will have a negative impact on revenue for an individual exempt from licensure under Subsection 58-55-305(1)(k)(i), who cannot perform certain minor incidental plumbing work as now defined. Additionally, these amendments may result in additional costs for a company, and for any individual consumer, who will now be required to employ a licensed plumber as opposed to an exempt "handyman" for certain minor incidental plumbing work. The Division is not able to estimate these individual impacts as they will vary from person to person depending on circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule clarifies and further defines certain plumbing terms, making more clear the scope of "minor incidental plumbing work" that may be performed by unlicensed individuals under Subsection 58-55- 305(1)(k)(i). This scope is reduced by adding a specific list of services that would qualify as minor incidental plumbing work, and the scope is expanded by adding original installation to the previous definition that included only repair or replacement. The income of both licensed plumbers and unlicensed persons are affected by these two changes to the definitions, benefiting one and restricting income of another, depending on the circumstances and the nature of the work to be performed. No specific impact to small business may be determined. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 03/29/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41298.htm EDUCATION ADMINISTRATION No. 41318 (Amendment): R277-519. Educator Inservice Procedures and Credit. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-519 remove outdated definitions and terminology and makes technical and conforming changes consistent with the Utah Administrative Rulemaking Act and the Rulewriting Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-519 remove outdated definitions and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-519 remove outdated definitions and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-519 remove outdated definitions and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-519 remove outdated definitions and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-519 remove outdated definitions and provide technical and conforming changes throughout the rule, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41318.htm No. 41319 (Amendment): R277-916. Career and Technical Education Introduction and Work-Based Learning Programs. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-916 remove outdated definitions and terminology throughout the rule and provide technical and conforming changes consistent with the Utah Administrative Rulemaking Act and the Rulewriting Manual for Utah throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-916 remove outdated definitions and terminology and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-916 remove outdated definitions and terminology and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-916 remove outdated definitions and terminology and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-916 remove outdated definitions and terminology and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-916 remove outdated definitions and terminology and provide technical and conforming changes throughout the rule, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41319.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 41320 (New Rule): R307-304. Industrial Solvent Use. SUMMARY OF THE RULE OR CHANGE: The proposed rule will move the industrial solvent cleaning requirements in Rule R307-335 to this rule, Rule R307-304. Applicability of this rule will also lower the threshold for gallons of solvent used to 55 gallons or more per year under Section R307-304-2. (Editor's Note: The proposed amendment to Rule R307-335 is under Filing No. 41300 in this issue, March 1, 2017, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or saving to the state budget because the rule is regulating solvent cleaning operations that use 55 gallons or more of VOC containing solvent products a year. This does not describe the state. - LOCAL GOVERNMENTS: There are no anticipated costs or saving to local governments because the rule is regulating solvent cleaning operations that use 55 gallons or more of VOC containing solvent products a year. This does not describe the local governments. - SMALL BUSINESSES: There are no anticipated costs or saving to small businesses. Small businesses that use VOC containing solvent products for solvent cleaning operations and general solvent usage are likely already regulated under Rule R307-335. The content limits have not changed. Due to the lower threshold for applicability, more people may be regulated by this rule than are currently regulated under Rule R307-335. The cost per ton of emissions reduced for these additional sources will be about $4.36 per ton of VOCs removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will likely be no costs or savings to "other persons" because the applicability threshold is set at a level that is meant to exclude all hobbyists that are not part of a business or governmental entity. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance costs will be the same as they were when these requirements were originally included in Rule R307- 335. The cost per ton of emissions reduced as a result of this rule will be about $4.36 per ton of VOCs removed. A greater amount of product will result in a greater total cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will likely be no fiscal impact on most businesses. Most of the businesses that will be regulated under this rule are already regulated under Rule R307-335. The content limits will not change. If there are additional businesses that will be regulated under this rule, the cost per ton of emissions reduced for these additional sources will be about $4.36 per ton of VOCs removed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 03/16/2017 10:30 AM, Utah Division of Air Quality, 195 N 1950 W, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41320.htm No. 41300 (Amendment): R307-335. Degreasing and Solvent Cleaning Operations. SUMMARY OF THE RULE OR CHANGE: The changes include the removal of everything in the rule related to industrial solvent cleaning. This includes the removal of Sections R307-335-7 through R307-335-8 to new Rule R307-304. (Editor's Note: The proposed new Rule R307-304 is under Filing No. 41320 in this issue, March 1, 2017, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to "other persons" because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because the rule is removing requirements related to solvent cleaning operations. It is not adding any affirmative requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact on businesses as a result of this rule change because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41300.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41290 (Amendment): R414-61-2. Incorporation by Reference. SUMMARY OF THE RULE OR CHANGE: This amendment incorporates by reference changes to the Physical Disabilities Waiver effective 07/01/2016. These changes implement new quality assurance standards that revise all performance measures within these waivers to further safeguard waiver participants. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because waiver services remain unaffected by this update. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund or provide waiver services for Medicaid recipients. - SMALL BUSINESSES: There is no impact to small businesses because waiver services remain unaffected by this update. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because waiver services remain unaffected by this update. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because waiver services remain unaffected by this update. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because waiver services are not affected by the update. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41290.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 41324 (Amendment): R432-100. General Hospital Standards. SUMMARY OF THE RULE OR CHANGE: The rule amendment is to add requirements to allow for a registered dietitian to write diet orders in a hospital setting as authorized by facility medical staff and in accordance with facility policy. This amendment also corrects many outdated references and corrects errors. A previous rule amendment was opened for public comment, and the Utah Medical Association and the Utah Academy of Nutrition and Dietetics both requested a modification of the wording in the amendment. The Division did not make the rule effective and has completed this second amendment that was reviewed and approved by the Health Facility Committee on 02/08/2017. Representatives from both the Utah Medical Association and the Utah Academy of Nutrition and Dietetics attended and participated in the discussion. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because there will be no change in current practice. - LOCAL GOVERNMENTS: There is no impact to the local government budget because there will be no change in current practice. - SMALL BUSINESSES: There is no impact to the small businesses budget because there will be no change in current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to businesses, individuals, local governments, and persons that are not small businesses because there will be no change in current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to affected persons because there will be no change in current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because there will be no change in current practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41324.htm No. 41325 (Amendment): R432-150. Nursing Care Facility. SUMMARY OF THE RULE OR CHANGE: The rule amendment is to add requirements to allow for a registered dietitian to write diet orders in a nursing care setting in accordance with facility policy. This amendment also corrects many outdated references and deletes requirements already required in the Utah Indoor Clean Air Act. A previous rule amendment was opened for public comment and the Utah Medical Association and the Utah Academy of Nutrition and Dietetics both requested a modification of the wording in the amendment. The Division did not make the rule effective and has completed this second amendment that was reviewed and approved by the Health Facility Committee on 02/08/2017. Representatives from both the Utah Medical Association and the Utah Academy of Nutrition and Dietetics attended and participated in the discussion. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because there will be no change in current practice. - LOCAL GOVERNMENTS: There is no impact to local government budgets because there will be no change in current practice. - SMALL BUSINESSES: There is no impact to small business budgets because there will be no change in current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to businesses, individuals, local governments, and persons that are not small businesses because there will be no change in current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to affected persons because there will be no change in current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because there will be no change in current practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41325.htm No. 41323 (Amendment): R432-700. Home Health Agency Rule. SUMMARY OF THE RULE OR CHANGE: The rule amendment is to add requirements to allow for a licensed health care professional working for a home health agency to delegate medication administration to unlicensed personnel in accordance with the Nurse Practice Act and Section R156-31B-701, as well as to amend incorrect references and wording. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because there will be no change in current practice. - LOCAL GOVERNMENTS: There is no impact to local government budgets because there will be no change in current practice. - SMALL BUSINESSES: There is no impact to small business budgets because there will be no change in current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to businesses, individuals, local governments, and persons that are not small businesses because there will be no change in current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to affected persons because there will be no change in current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the amendment does not change current practice as allowed by law. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41323.htm INSURANCE ADMINISTRATION No. 41296 (Amendment): R590-206. Privacy of Consumer Financial and Health Information Rule. SUMMARY OF THE RULE OR CHANGE: The changes remove additional notice requirements that insurers must provide to a policyholder after the initial notice if such notice is placed on an insurer's website. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The changes to the rule only affect insurers and have no fiscal bearing on any other entities. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to the local government. The changes to the rule only affect insurers and have no fiscal bearing on any other entities. - SMALL BUSINESSES: Entities in the insurance business will see budgetary savings because they will no longer be required to mail certain notices to their policyholders if those notices are posted online. The extent of the savings cannot be estimated because the magnitude will depend on the business's specific customer base and mailing costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Entities in the insurance business will see budgetary savings because they will no longer be required to mail certain notices to their policyholders if those notices are posted online. The extent of the savings cannot be estimated because the magnitude will depend on the business's specific customer base and mailing costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any persons. The change removes requirements for insurers and will result in savings for certain entities, not additional costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no negative fiscal impact on businesses. Entities in the insurance business will see budgetary savings because they will no longer be required to mail certain notices to their policyholders if those notices are posted online. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 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: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41296.htm No. 41322 (Amendment): R590-248-4. Mandatory Fraud Reporting Process. SUMMARY OF THE RULE OR CHANGE: The section is being changed to update the email address that should be used for the mandatory reporting of fraud. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a very minor savings to the state budget. Once the amendment is made effective, the previous email will be shut down, resulting in an annual savings of approximately $75. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments because the change is solely being done to update the email address that should be used for the mandatory reporting of fraud. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the change is solely being done to update the email address that should be used for the mandatory reporting of fraud. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons because the change is solely being done to update the email address that should be used for the mandatory reporting of fraud. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons because the change merely updates the email address that should be used for the mandatory reporting of fraud. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change is being made to consolidate the vectors of contact the public has with the Utah Insurance Department. Updating this particular email address will save money and improve response times. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 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: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41322.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends March 31, 2017. From the end of the 30-day waiting period through June 29, 2017, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. INSURANCE ADMINISTRATION No. 40953 (Change in Proposed Rule): R590-273. Continuing Care Provider Rule. SUMMARY OF THE RULE OR CHANGE: The changes are primarily being done to clarify certain aspects of the rule that were unclear in the initial version. Specifically, it adds two subsections that authorize promulgation of the rule, adds a reference to the location on the UID website where CCR forms are posted, eliminates an unnecessary reference to a document retention schedule, and eliminates a section regarding administrative forfeitures. It also makes several changes to word choice to standardize it with accepted rulewriting principles. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the December 1, 2016, issue of the Utah State Bulletin, on page 94. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The changes in the rule are for clarification purposes and will not require any expenditure or result in any savings. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The changes in the rule are for clarification purposes and will not require any expenditure or result in any savings. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The changes in the rule are for clarification purposes and will not require any expenditure or result in any savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The changes in the rule are for clarification purposes and will not require any expenditure or result in any savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs relating to the changes being made. The changes in the rule are for clarification purposes and will not require any expenditure or result in any savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes that are being made to this rule will have no fiscal impact on businesses. They are being made to clarify the initial version of the rule, and will make it easier to understand. There are no costs of any kind associated with the changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/31/2017 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: 04/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/40953.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 https://rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41275 (5-year Review): R156-16a. Optometry Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 16a, with respect to optometrists. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41275.htm No. 41289 (5-year Review): R156-37. Utah Controlled Substances 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 and licensees of the rules relating to controlled substances, as allowed under statutory authority provided in Title 58, Chapter 37. This rule is applicable to occupations and professions involved with controlled substances which are regulated by the Division. The rule should also be continued as it provides information to ensure applicants for licensure are knowledgeable about controlled substance requirements of the Division with respect to items that are not covered separately in each occupational/professional rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov EFFECTIVE: 02/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41289.htm No. 41279 (5-year Review): R156-76. Professional Geologist 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 76, with respect to professional geologists. 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: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41279.htm SECURITIES No. 41293 (5-year Review): R164-101. Securities Fraud Reporting Program Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule sets forth procedures for filing an application for an award under the Securities Fraud Reporting Program Act and the procedures for the making or denial of such an award. It provides an incentive for individuals to report suspected violations of the securities laws to the Division. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at clyons@utah.gov - Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at kwoodwell@utah.gov EFFECTIVE: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41293.htm EDUCATION ADMINISTRATION No. 41316 (5-year Review): R277-519. Educator Inservice Procedures and Credit. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-519 continues to be necessary because it establishes standards for awarding credit for professional learning, especially as it relates to teacher certification. 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: 02/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41316.htm No. 41317 (5-year Review): R277-916. Career and Technical Education Introduction and Work-Based Learning Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-916 continues to be necessary because it establishes standards and procedures for LEAs seeking to qualify for College and Career Awareness Program funds administered by the Board. 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: 02/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41317.htm ENVIRONMENTAL QUALITY ADMINISTRATION No. 41301 (5-year Review): R305-1. Records Access and Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The primary purpose of the rule is to notify requesters where to submit GRAMA requests. A related purpose is to give the agency the full statutory period for responding to a request even for GRAMA requests that are submitted to the wrong office. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Sandra Allen by phone at 801-536-4122, by FAX at 801-359-8853, or by Internet E-mail at skallen@utah.gov EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41301.htm EXAMINERS (BOARD OF) ADMINISTRATION No. 41294 (5-year Review): R320-101. Procedures for Electronic Meetings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In order for the Board of Examiners to hold an electronic meeting, statute requires a rule to be in place. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Phalin Flowers by phone at 801-538-1361, or by Internet E-mail at pflowers@utah.gov EFFECTIVE: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41294.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41321 (5-year Review): R414-1. Utah Medicaid Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: After considering the comments, the Department maintained that any inaccuracy or lack of clarity in the provider manual did not impact Medicaid services nor provider reimbursement. The Department, therefore, made the rule effective, but also made corrections to the provider manual during the next policy cycle (January 2016 Medicaid Information Bulletin update) to ensure the manual was consistent with federal regulations and contained correct immunization information. The Department will continue this rule because it sets forth services and eligibility for the Medicaid program, specifies provider and recipient policy, specifies the role of certain entities within the Medicaid program, specifies the availability of program manuals and policies, and serves as the basis for all other rules in the Medicaid program. There is no opposition to the rule itself, and the Department addressed previous concerns through the corrections noted above. 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: 02/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41321.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 41310 (5-year Review): R432-31. Life with Dignity Order. 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 continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41310.htm No. 41309 (5-year Review): R432-40. Long-Term Care Facility Immunizations. 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 continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41309.htm No. 41311 (5-year Review): R432-150. Nursing Care Facility. 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 continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41311.htm No. 41312 (5-year Review): R432-151. Mental Disease Facility. 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 continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41312.htm No. 41313 (5-year Review): R432-152. Mental Retardation Facility. 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 continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41313.htm No. 41314 (5-year Review): R432-201. Mental Retardation Facility: Supplement "A" to the Small Health Care Facility 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 continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41314.htm HERITAGE AND ARTS ADMINISTRATION No. 41288 (5-year Review): R450-1. Government Records Access and Management Act Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R450-1 ensures public access to government records from the Department of Heritage and Arts in compliance with state law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Josh Loftin by phone at 801-245-7205, or by Internet E-mail at jloftin@utah.gov EFFECTIVE: 02/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41288.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, COMMUTER SERVICES No. 41302 (5-year Review): R810-2. Parking Meters and Other Pay Parking Spaces. 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 will continue allowing the Division to manage the pay parking spaces at the University of Utah. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41302.htm No. 41303 (5-year Review): R810-5. Permit Types and Eligibility. 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 classifies permit types and eligibility for University of Utah Commuter Services. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41303.htm No. 41304 (5-year Review): R810-6. Permit Prices and Refunds. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation will identify the refund policy for parking permits at the University of Utah. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41304.htm No. 41305 (5-year Review): R810-9. Contractors and Their Employees. 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 Commuter Services to establish temporary parking areas for contractors and their employees during construction projects. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41305.htm No. 41306 (5-year Review): R810-10. Enforcement System. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes hours of enforcement, fee payments and penalties, and responsibility regarding parking tickets. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41306.htm No. 41307 (5-year Review): R810-11. Appeals System. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes appeals procedures for parking tickets. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu EFFECTIVE: 02/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41307.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 41291 (5-year Review): R850-41. Rights of Entry. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Without the authorization to issue rights of entry on trust lands, the respective trust beneficiaries would forego the opportunity to receive revenues which have been substantial over the years. This rule provides the mechanism for non-disturbing activities to be conducted on trust lands that will benefit the respective trust beneficiaries while allowing others the opportunity to conduct business on those trust lands throughout the state. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov EFFECTIVE: 02/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41291.htm NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file a Notice of Five-Year Review Extension (Extension) with the Office of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 41270 (Five-Year Extension): R477-1. Definitions. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41270.htm No. 41271 (Five-Year Extension): R477-2. Administration. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41271.htm No. 41272 (Five-Year Extension): R477-3. Classification. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41272.htm No. 41273 (Five-Year Extension): R477-4. Filling Positions. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41273.htm No. 41274 (Five-Year Extension): R477-5. Employee Status and Probation. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41274.htm No. 41276 (Five-Year Extension): R477-6. Compensation. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41276.htm No. 41277 (Five-Year Extension): R477-7. Leave. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41277.htm No. 41278 (Five-Year Extension): R477-8. Working Conditions. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41278.htm No. 41280 (Five-Year Extension): R477-9. Employee Conduct. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41280.htm No. 41281 (Five-Year Extension): R477-10. Employee Development. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/03/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41281.htm No. 41282 (Five-Year Extension): R477-11. Discipline. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/03/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41282.htm No. 41283 (Five-Year Extension): R477-12. Separations. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/03/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41283.htm No. 41284 (Five-Year Extension): R477-13. Volunteer Programs. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/03/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41284.htm No. 41285 (Five-Year Extension): R477-15. Workplace Harassment Prevention. EXTENSION REASON: The department needs additional time to complete this five-year review. The new filing deadline is 06/03/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41285.htm NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Office of Administrative Rules (Office) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Office. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Office, the rule expires. Upon expiration of the rule, the Office files a Notice of Five-Year Expiration (Expiration) to document the action. The Office is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Office has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). PARDONS (BOARD OF) ADMINISTRATION No. 41269 (Expired): R671-206. Competency of Offenders. SUMMARY: The five-year review and notice of continuation was not filed for this rule by the deadline of 02/01/2017. Therefore, this rule is expired as of 02/02/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 02/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170301/41269.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. ADMINISTRATIVE SERVICES PURCHASING AND GENERAL SERVICES No. 41023 (AMD): R33-8-102.Adding Additional Funds to a Contract Published: 12/15/2016 Effective: 02/02/2017 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41047 (AMD): R156-5a.Podiatric Physician Licensing Act Rule Published: 01/01/2017 Effective: 02/07/2017 EDUCATION ADMINISTRATION No. 41086 (AMD): R277-106.Utah Professional Practices Advisory Commission Appointment Process Published: 01/01/2017 Effective: 02/07/2017 No. 41073 (AMD): R277-113.LEA Fiscal Policies and Accountability Published: 01/01/2017 Effective: 02/07/2017 No. 41074 (AMD): R277-114.Corrective Action and Withdrawal or Reduction of Program Funds Published: 01/01/2017 Effective: 02/07/2017 No. 41087 (AMD): R277-210.Utah Professional Practices Advisory Commission (UPPAC), Definitions Published: 01/01/2017 Effective: 02/07/2017 No. 41088 (AMD): R277-211-6.Proposed Consent to Discipline Published: 01/01/2017 Effective: 02/07/2017 No. 41089 (AMD): R277-212.UPPAC Hearing Procedures and Reports Published: 01/01/2017 Effective: 02/07/2017 No. 41091 (REP): R277-425.Budgeting, Accounting, and Auditing for Utah Local Education Agencies (LEAs) Published: 01/01/2017 Effective: 02/07/2017 No. 41075 (NEW): R277-521.National Board Certification Reimbursement Published: 01/01/2017 Effective: 02/07/2017 No. 41092 (AMD): R277-526.Paraeducator to Teacher Scholarship Program Published: 01/01/2017 Effective: 02/07/2017 No. 41093 (AMD): R277-602.Special Needs Scholarships - Funding and Procedures Published: 01/01/2017 Effective: 02/07/2017 No. 41076 (NEW): R277-752.Special Education Intensive Services Fund Published: 01/01/2017 Effective: 02/07/2017 No. 41094 (AMD): R277-915.Work-Based Learning Programs for Interns Published: 01/01/2017 Effective: 02/07/2017 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40879 (AMD): R315-15-13.Registration and Permitting of Used Oil Handlers Published: 11/01/2016 Effective: 02/13/2017 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41104 (AMD): R414-1-5.Incorporations by Reference Published: 01/01/2017 Effective: 02/15/2017 No. 41070 (AMD): R414-302-6.Residents of Institutions Published: 01/01/2017 Effective: 02/15/2017 No. 41054 (AMD): R414-504.Nursing Facility Payments Published: 01/01/2017 Effective: 02/15/2017 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 41056 (AMD): R432-270.Assisted Living Facilities Published: 01/01/2017 Effective: 02/13/2017 HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE HEARINGS No. 41057 (AMD): R497-100.Adjudicative Proceedings Published: 01/01/2017 Effective: 02/07/2017 NATURAL RESOURCES WILDLIFE RESOURCES No. 41098 (AMD): R657-62.Drawing Application Procedures Published: 01/01/2017 Effective: 02/07/2017 PARDONS (BOARD OF) ADMINISTRATION No. 41081 (AMD): R671-311-3.Earned Time Adjustments Published: 01/01/2017 Effective: 02/15/2017 TRANSPORTATION PROGRAM DEVELOPMENT No. 41053 (AMD): R926-13-4.Highways Within the State That Are Designated as State Scenic Byways Published: 01/01/2017 Effective: 02/07/2017 WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 41103 (AMD): R994-405-2.Separations from a Temporary Help Company (THC) Published: 01/01/2017 Effective: 03/01/2017 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 https://rules.utah.gov/research.htm . <> ----------------------------