---------------------------- Utah State Digest, Vol. 2017, No. 10 (May 15, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed April 15, 2017, 12:00 AM through May 1, 2017, 11:59 PM Volume 2017, No. 10 May 15, 2017 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah- state-bull/. 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/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for June 2017 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/sn158761.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 April 15, 2017, 12:00 a.m., and May 1, 2017, 11:59 p.m. are summarized in this, the May 15, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the May 15, 2017, issue of the Utah State Bulletin until at least June 14, 2017 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through September 12, 2017, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. ADMINISTRATIVE SERVICES PURCHASING AND GENERAL SERVICES No. 41534 (Amendment): R33-1. Utah Procurement Rule, General Procurement Provisions. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include correcting the use of the term "responsible", the addition of definitions of the terms "bias", "Evaluation Criteria", "Objective Criteria", and "Subjective Criteria" which are required to comply with the amendments to the Utah Procurement Code, renumbering to accommodate the additions, the correction of minor grammatical and typographical errors, and the addition of Section R33- 1-2.5, which clarifies the authority of the Chief Procurement Officer or the head of a procurement unit with independent procurement authority and provides them guidance in decision making. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local governments as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule, and I believe that there is no potential for fiscal impact on businesses as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41534.htm No. 41535 (Amendment): R33-4. Supplemental Procurement Procedures. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include modifying the language to better parallel the language used in statute, such as replacing the word "time" with "deadline" and "expired" with "passed". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are simply to parallel the language used in statute. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are simply to parallel the language used in statute. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are simply to parallel the language used in statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are simply to parallel the language used in statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are simply to parallel the language used in statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I believe that there is no potential for fiscal impact on businesses as a result of the changes to this rule. The changes are simply to parallel the language used in statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41535.htm No. 41536 (Amendment): R33-5. Other Standard Procurement Processes. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include the clarification of verbiage and modifications to comply with changes to the Utah Procurement Code, such as the process for issuing a Statement of Qualifications (Section 63G-6a-410) and establishing an Approved Vendor List (Section 63G-6a-507); the deletion of Subsections R33-5-106(6) and (7) which are reorganized and incorporated into the addition of Section R33-5-106.5 which clarifies the language and brings the rule into compliance with changes made to the Utah Procurement Code; and the deletion of Section R33-5-201 to remove an unnecessary reference to the Utah Procurement Code. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are to clarify the language of the rule and the procurement processes and to bring the rule into compliance with the statutory changes. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are to clarify the language of the rule and the procurement processes and to bring the rule into compliance with the statutory changes. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are to clarify the language of the rule and the procurement processes and to bring the rule into compliance with the statutory changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are to clarify the language of the rule and the procurement processes and to bring the rule into compliance with the statutory changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are to clarify the language of the rule and the procurement processes and to bring the rule into compliance with the statutory changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule, and I believe that there is no potential for fiscal impacts on businesses as a result of the changes to this rule. The changes are to clarify the language of the rule and the procurement processes and to bring the rule into compliance with statutory changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41536.htm No. 41539 (Amendment): R33-6. Bidding. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include minor language modifications to comply with changes to the Code such as changing the title of Section R33-6-102 to read "Bidder Solicitation Requests" and the replacement of terms such as "deadline" in place of "time" and "passed" in place of "expired". The changes also correct minor grammatical errors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local governments as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule, and I believe that there are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and to correct minor grammatical errors. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41539.htm No. 41540 (Amendment): R33-7. Request for Proposals. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include language clarifications including updating some terms such as "deadline" instead of "time" and "passed" instead of "expired"; some grammatical and typographical corrections; some corrections of outdated or incorrect statutory references; renumbering and relettering to accommodate additions and deletions; deletion of duplicative language already found in Code or in rule; and the addition of Section R33-7-900 to comply with changes to to the RFP process in the Utah Code. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are grammatical, typographical, or for the purposes of statutory compliance and clarifying language or processes. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are grammatical, typographical, or for the purposes of statutory compliance and clarifying language or processes. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are grammatical, typographical, or for the purposes of statutory compliance and clarifying language or processes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are grammatical, typographical, or for the purposes of statutory compliance and clarifying language or processes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons as a result of the changes to this rule. The changes are grammatical, typographical, or for the purposes of statutory compliance and clarifying language or processes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule, and I believe that there is no potential for fiscal impacts on businesses because the changes are grammatical, typographical, or for the purposes of statutory compliance and clarifying language or processes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41540.htm No. 41544 (Amendment): R33-8. Exceptions to Standard Procurement Process. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include the correction of an inaccurate reference to the Utah Procurement Code, the removal of "membership dues" from the list of procurement items eligible for public notice waivers as membership dues were determined not to be a procurement item, and the renumbering of the following subsections to accommodate the deletion. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are to clarify the language of the rule or are technical in nature. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are to clarify the language of the rule or are technical in nature. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are to clarify the language of the rule or are technical in nature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government as a result of the changes to this rule. The changes are to clarify the language of the rule or are technical in nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are to clarify the language of the rule or are technical in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule, and I believe that there is no potential for fiscal impact on businesses as a result of the changes to this rule. The changes are to clarify the language of the rule or are technical in nature. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41544.htm No. 41545 (Amendment): R33-9. Cancellations, Rejections, and Debarment. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include the updating of terms to be consistent with changes to the Code; the deletion of Section R33-9-203 which is now unnecessary due to changes to the Code; and the addition of Section R33-9-105 which was created to clarify changes to the Code; and to clarify the process for cancelling contracts, as well as to comply with code changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are regarding processes or are language clarifications. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are regarding processes or are language clarifications. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are regarding processes or are language clarifications. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local governmental entities as a result of the changes to this rule. The changes are regarding processes or are language clarifications. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are regarding processes or are language clarifications. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule, and I believe that there is no potential for fiscal impacts on businesses because the changes are regarding processes or are language clarifications. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41545.htm No. 41546 (Amendment): R33-11. Form of Bonds. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include modifications to correct typos; the removal of terms already defined in the Code; the clarification of verbiage to bring this rule into compliance with changes made to the Utah Procurement Code; and the removal of incorrect references to the administrative rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are typographical or grammatical, and clarify the language of the rule and bring the rule into compliance with the statutory changes. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are typographical or grammatical, and clarify the language of the rule and bring the rule into compliance with the statutory changes. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are typographical or grammatical, and clarify the language of the rule and bring the rule into compliance with the statutory changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are typographical or grammatical, and clarify the language of the rule and bring the rule into compliance with the statutory changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are typographical or grammatical, and clarify the language of the rule and bring the rule into compliance with the statutory changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I believe that there is no potential for fiscal impact on businesses as a result of the changes to this rule. The changes are typographical or grammatical, and clarify the language of the rule and bring the rule into compliance with the statutory changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41546.htm No. 41547 (Amendment): R33-12. Terms and Conditions, Contracts, Change Orders and Costs. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include the clarification of language; the correction of incorrect citations; the correction of grammatical errors; the rewriting of Section R33-12-605 which describes auditing rights and procedures; the removal of Section R33-12-606 which duplicates retention information already found in Section 63G-6a- 1206.3; the removal of Section R33-12-301a which was not in compliance with Code; and the updating of terms such as "responsible bidder" to comply with changes to the Code. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are to clarify and remove redundant, confusing, or non-compliant language, and to bring the rule into compliance with the statutory changes. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are to clarify and remove redundant, confusing, or non-compliant language, and to bring the rule into compliance with the statutory changes. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are to clarify and remove redundant, confusing, or non-compliant language, and to bring the rule into compliance with the statutory changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are to clarify and remove redundant, confusing, or non-compliant language, and to bring the rule into compliance with the statutory changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are to clarify and remove redundant, confusing, or non-compliant language, and to bring the rule into compliance with the statutory changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule, and I believe that there is no potential for fiscal impact on businesses a result of the changes to this rule. The changes are to clarify and remove redundant, confusing, or non-compliant language, and to bring the rule into compliance with the statutory changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41547.htm No. 41548 (Amendment): R33-13. General Construction Provisions. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include the correction of typographical errors, the removal of an unnecessary rule reference, and the deletion of the definitions "contractor" and "subcontractor" as these terms are already defined in Section 63G-6a-103. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are typographical and remove unnecessary language. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are typographical and remove unnecessary language. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are typographical and remove unnecessary language. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are typographical and remove unnecessary language. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are typographical and remove unnecessary language. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I believe that there is no potential for fiscal impact on businesses as a result of the changes to this rule. The changes are typographical and remove unnecessary language. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41548.htm No. 41549 (Amendment): R33-15. Procurement of Design Profession Services. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include the correction of the spelling of the word "personnel" where it incorrectly reads "personal", and the correction of the citation to "R33-4-109" where it inaccurately reads "R33-4-105". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the change to this rule. The changes simply correct a spelling error and an Administrative code citation. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the change to this rule. The changes simply correct a spelling error and an Administrative Code citation. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the change to this rule. The changes simply correct a spelling error and an Administrative Code citation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to small businesses, businesses, or local government entities as a result of the change to this rule. The changes simply correct a spelling error and an Administrative Code citation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the change to this rule. The changes simply correct a spelling error and an Administrative Code citation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule and I believe that there are no anticipated costs or savings to the state budget as a result of the change to this rule. The changes simply correct a spelling error and an Administrative Code citation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41549.htm No. 41550 (Amendment): R33-16. Protests. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include the removal of redundant or confusing language; the correction of citations to the Utah Procurement Code; clarification of language including updating terms used in the Procurement Code such as "relevant facts and evidence" and "deadlines"; the reorganization of and addition of subsections that explain the criteria of what does not constitute grounds for a protest; and the addition of the provision that a person without legal authority does not have standing to file a protest. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are to clarify and to remove redundant or confusing language, to clarify the procurement processes, and to bring the rule into compliance with the statutory changes. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to the local government as a result of the changes to this rule. The changes are to clarify and to remove redundant or confusing language, to clarify the procurement processes, and to bring the rule into compliance with the statutory changes. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are to clarify and to remove redundant or confusing language, to clarify the procurement processes, and to bring the rule into compliance with the statutory changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local governments as a result of the changes to this rule. The changes are to clarify and to remove redundant or confusing language, to clarify the procurement processes, and to bring the rule into compliance with the statutory changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are to clarify and to remove redundant or confusing language, to clarify the procurement processes, and to bring the rule into compliance with the statutory changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule and I believe that there is no potential for fiscal impact on businesses as a result of the changes to this rule. The changes are to clarify and to remove redundant or confusing language, to clarify the procurement processes, and to bring the rule into compliance with the statutory changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41550.htm No. 41551 (Amendment): R33-17. Procurement Appeals Board. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include the addition of definitions such as "administrative review", and "appeal"; the addition of Section R33-17-101.8 which describes the procedures for conducting an administrative review, the changing of the title of Section R33-17-13 and addition of language to clarify that hearings are informal, and the removal of Section R33-17-104 because the appeals process has been shortened to 30 days, making the expedited process unnecessary. These changes are necessary because of the amendments to the Utah Procurement Code. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes clarify the language in the rule and explain the appeals processes, as well as bring the rule into compliance with the statutory changes. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes clarify the language in the rule and explain the appeals processes, as well as bring the rule into compliance with the statutory changes. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes clarify the language in the rule and explain the appeals processes, as well as bring the rule into compliance with the statutory changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local governments as a result of the changes to this rule. The changes clarify the language in the rule and explain the appeals processes, as well as bring the rule into compliance with the statutory changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons as a result of the changes to this rule. The changes clarify the language in the rule and explain the appeals processes, as well as bring the rule into compliance with the statutory changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule, and I believe that there is no potential for fiscal impact on businesses as a result of the changes to this rule. The changes clarify the language in the rule and explain the appeals processes, as well as bring the rule into compliance with the statutory changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41551.htm No. 41552 (Amendment): R33-18. Appeals to Court and Court Proceedings. SUMMARY OF THE RULE OR CHANGE: The change to this rule corrects a citation which read "Section 63G-6a-1801 through 63G-6a-1803" where it should have read "Utah Code 63G-6a, Part 18". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the change to this rule. The change is technical in nature. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the change to this rule. The change is technical in nature. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the change to this rule. The change is technical in nature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local governments as a result of the change to this rule. The change is technical in nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The change is technical in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the change, and I believe that there is no potential for fiscal impact on businesses as a result of the change to this rule. The change is technical in nature. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41552.htm No. 41553 (Amendment): R33-19-101. Encouraged to Obtain Legal Advice From Legal Counsel. SUMMARY OF THE RULE OR CHANGE: The change to this rule removes an unnecessary reference to specific sections of Part 19 of the Utah Procurement Code because Part 19 is already referenced in the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the change to this rule. The change simply removes a redundant code citation. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the change to this rule. The change simply removes a redundant code citation. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the change to this rule. The change simply removes a redundant code citation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local governments as a result of the change to this rule. The change simply removes a redundant code citation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the change to this rule. The change simply removes a redundant code citation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the change to this rule, and I believe that there is no potential for fiscal impact on businesses as a result of the change to this rule. The change simply removes a redundant code citation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41553.htm No. 41554 (Amendment): R33-21-201e. Division May Charge Administrative Fees on State Cooperative Contracts - Prohibition Against Other Procurement Units Charging Fees on State Contracts. SUMMARY OF THE RULE OR CHANGE: References to the Utah Administrative Services Code and the Utah Procurement Code are being amended to broaden the scope of the references to include other relevant subsections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes simply correct code citations. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes simply correct code citations. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes simply correct code citations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to small businesses, businesses, or local governments as a result of the changes to this rule. The changes simply correct code citations. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes simply correct code citations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes, and I believe that there is no potential for fiscal impact on businesses as a result of the changes to this rule. The changes simply correct code citations. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41554.htm No. 41555 (Amendment): R33-25. Executive Branch Insurance Procurement. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include correcting the use of the phrase "responsible solicitation response"; the addition of the provision that a procurement unit may use the standard procurement methods for insurance agents, brokers, and underwriting companies; the addition of the specification of what criteria a procurement unit should consider; the addition of the provision for procurement units to establish minimum requirements and score thresholds to qualify insurance agents, brokers, and underwriting companies; and the addition of the provision for the evaluation committee to make a recommendation for rejection of an agent, broker, or underwriting company based on certain conditions. The additional provisions are required by changes made to the Utah Procurement Code. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and correct minor grammatical errors. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and correct minor grammatical errors. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and correct minor grammatical errors. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and correct minor grammatical errors. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and correct minor grammatical errors. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the changes to this rule, and I believe that there is no potential for fiscal impact on businesses as a result of the changes to this rule. The changes are to clarify the language of the rule, to bring the rule into compliance with the statutory changes, and correct minor grammatical errors. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41555.htm CORRECTIONS ADMINISTRATION No. 41500 (Amendment): R251-706. Inmate Visiting. SUMMARY OF THE RULE OR CHANGE: The change in language reduces specific examples of modest or gang affiliated attire. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost since this amendment defines modest attire for visitors. - LOCAL GOVERNMENTS: There is no anticipated cost since this amendment defines modest attire for visitors. - SMALL BUSINESSES: There is no anticipated cost since this amendment defines modest attire for visitors. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost since this amendment defines modest attire for visitors. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost since this amendment slightly alters the attire requirements for visitors. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No costs anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Lucy Ramirez by phone at 801-545-5616, or by Internet E-mail at lramirez@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41500.htm FINANCIAL INSTITUTIONS NONDEPOSITORY LENDERS No. 41480 (New Rule): R343-11. Rule Designating Applicable Federal Law for a Mortgage Lender, Broker, or Servicer Subject to the Jurisdiction of the Department of Financial Institutions. SUMMARY OF THE RULE OR CHANGE: The proposed new rule designates which one or more federal laws are applicable to a mortgage lender, broker, or servicer subject to the jurisdiction of the department. The new rule establishes that designated federal law may only be enforced by the department by taking action permitted under Title 70D and the applicable chapters set forth in Subsection 70D-2-502(2)(b). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No impact on the state budget as compliance to the rule affects mortgage lenders, brokers, or servicers and not the department. - LOCAL GOVERNMENTS: Local governments are not involved in the regulation of mortgage lenders, brokers, or servicers and are, therefore, not subject to this rule. - SMALL BUSINESSES: Mortgage lenders, brokers, and servicers are currently required to comply with the designated federal laws. Therefore, compliance to the rule will not impact their costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Mortgage lenders, brokers, and servicers are currently required to comply with the designated federal laws. Therefore, compliance to the rule will not impact their costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: Mortgage lenders, brokers, and servicers are currently required to comply with the designated federal laws. Therefore, compliance to the rule will not impact their costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Mortgage lenders, brokers, and servicers are currently required to comply with the designated federal laws. Therefore, compliance to the rule will not impact their costs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41480.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 41486 (Amendment): R392-600. Illegal Drug Operations Decontamination Standards. SUMMARY OF THE RULE OR CHANGE: The proposed amendment adds the definitions for non-confirmation and confirmation sampling and how the results shall be calculated; and describes what needs to occur during a preliminary assessment in regards to non-confirmatory and confirmation sampling. In addition, it provides information on equipment that can be used for wipe sampling and other analytical methods for methamphetamine detection, which are based on updated procedures. In addition, the name of the agency that issues standards for certification for a decontamination specialist has changed, and therefore, this amendment includes this change. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings at the state level. Any costs will come out of existing budgets. - LOCAL GOVERNMENTS: There may be some revenue lost because fewer homes may be unnecessarily determined to be contaminated because of how composite sampling was calculated prior to this amendment. The loss is estimated to be $400 (with a wide range among the local health departments) per home in clean up review and permit fees. Approximately 5% of homes previously requiring mitigation are thought to be erroneously determined to be contaminated. - SMALL BUSINESSES: There may be a cost savings to small businesses that would have been required to mitigate homes that were unnecessarily determined to be contaminated by local health departments because of how composite sampling was calculated prior to this amendment. The savings are estimated by industry to be about $10,000 (with a wide range) per home. Approximately 5% of homes previously requiring mitigation are thought to be erroneously determined to be contaminated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There may be a cost savings to those in this category who would have been required to mitigate homes that were unnecessarily determined to be contaminated by local health departments because of how composite sampling was calculated prior to this amendment. The savings are estimated by industry to be about $10,000 (with a wide range) per home. Approximately 5% of homes previously requiring mitigation are thought to be erroneously determined to be contaminated. COMPLIANCE COSTS FOR AFFECTED PERSONS: There may be a cost to local health departments due to fewer homes being unnecessarily labeled as contaminated. The loss is estimated to be $400 (with a wide range among the local health departments) per home in clean up review and permit fees. Approximately 5% of homes previously requiring mitigation are thought to be erroneously determined to be contaminated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment reduces the risk of erroneous determinations of contamination resulting in a cost savings to business responsible for mitigation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Sam LeFevre by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at slefevre@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41486.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41496 (Amendment): R414-1. Utah Medicaid Program. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies Medicaid policy on coverage for cosmetic procedures and reconstructive surgery and makes a technical change. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies Medicaid policy. It neither affects service coverage to Medicaid clients nor reimbursement to Medicaid providers. - LOCAL GOVERNMENTS: There is no budget impact to local governments because they neither fund nor provide cosmetic or reconstructive procedures to Medicaid clients. - SMALL BUSINESSES: There is no impact to small businesses because this change only clarifies Medicaid policy. It neither affects service coverage 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 change only clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid client because this change only clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the rule clarifies Medicaid policy and does not affect covered services or reimbursement to providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41496.htm No. 41563 (Amendment): R414-1-6. Services Available. SUMMARY OF THE RULE OR CHANGE: This amendment implements by rule a provision of federal law related to the use of DME. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Health expects this change to result in an annual cost to the state budget. For detailed budget information, see the companion filing to this rulemaking (Rule R414-70). (EDITOR'S NOTE: The proposed amendment to Rule R414-70 is under Filing No. 41565 in this issue, May 15, 2017, of the Bulletin.) - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund the use of DME for Medicaid members. - SMALL BUSINESSES: The Department expects this change to result in potential revenue to small businesses. For detailed budget information, see the companion filing to this rulemaking (Rule R414-70). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department expects this change to result in potential revenue to Medicaid providers, and out-of-pocket savings to Medicaid members. For detailed budget information, see the companion filing to this rulemaking (Rule R414-70). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this amendment can only result in increased revenue to a single Medicaid provider and out-of-pocket savings to a Medicaid member. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will fiscally impact businesses related to Medicaid providers through an increase in potential revenue. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41563.htm No. 41498 (Amendment): R414-1-28. Cost Sharing. SUMMARY OF THE RULE OR CHANGE: This amendment removes the cost sharing section of the rule to defer implementation of the cost sharing policy to the Medicaid State Plan. The Department of Health will adopt the new cost sharing policy in Section R414-1-5 when it incorporates the Medicaid State Plan by reference to 07/01/2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department estimates annual savings of about $410,000 to the state budget based on the new cost sharing policy that becomes effective 07/01/2017. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor receive cost sharing amounts from Medicaid members. - SMALL BUSINESSES: There is no impact to small businesses because the cost sharing increase projected for 07/01/2017 is offset by a decrease in reimbursement and does not affect total annual revenue. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers because the cost sharing increase projected for 07/01/2017 is offset by a decrease in reimbursement and does not affect total annual revenue. Medicaid members, however, may see an annual increase of about $410,000 in out-of-pocket expenses with the policy's implementation. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single Medicaid member may share a portion of the cost of $410,000 with the policy's implementation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the cost sharing increase will be offset by the decrease in reimbursement to Medicaid providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41498.htm No. 41566 (Amendment): R414-1-30. Face-to-Face Requirements for Home Health Services. SUMMARY OF THE RULE OR CHANGE: This amendment implements by rule face-to- face requirements for home health services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only implements by rule ongoing policy for face-to-face encounters under the Home Health Services program. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund home health services under the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because this change only implements by rule ongoing policy for face-to-face encounters under the Home Health Services program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this change only implements by rule ongoing policy for face-to-face encounters under the Home Health Services program. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because this change only implements by rule ongoing policy for face-to-face encounters under the Home Health Services program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the amendment does not change current Medicaid policy or practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41566.htm No. 41559 (Amendment): R414-2A-7. Limitations. SUMMARY OF THE RULE OR CHANGE: This amendment removes from rule the prior authorization requirement in regard to inpatient psychiatric services and prepaid mental health plans. This requirement had previously been removed from policy. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no expected impact to the state budget because this change only updates ongoing prior authorization policy. It neither affects current services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund inpatient psychiatric services under the Medicaid program. - SMALL BUSINESSES: There is no expected impact to small businesses because this change only updates ongoing prior authorization policy. It neither affects current services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected impact to Medicaid members and to Medicaid providers because this change only updates ongoing prior authorization policy. It neither affects current services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no expected impact to a single Medicaid member or to a Medicaid provider because this change only updates ongoing prior authorization policy. It neither affects current services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because this amendment updates ongoing Medicaid policy and will not affect provision of Medicaid providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41559.htm No. 41497 (Amendment): R414-3A-6. Services. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies Medicaid policy on coverage for cosmetic procedures and reconstructive surgery. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies Medicaid policy. It neither affects service coverage to Medicaid clients nor reimbursement to Medicaid providers. - LOCAL GOVERNMENTS: There is no budget impact to local governments because they neither fund nor provide cosmetic or reconstructive procedures to Medicaid clients. - SMALL BUSINESSES: There is no impact to small businesses because this change only clarifies Medicaid policy. It neither affects service coverage 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 change only clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid client because this change only clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the rule clarifies Medicaid policy and does not affect covered services or reimbursement to providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41497.htm No. 41567 (Amendment): R414-10. Physician Services. SUMMARY OF THE RULE OR CHANGE: This amendment implements ongoing policy for physician services through its updates to definitions, access requirements, and service coverage. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment only implements by rule ongoing policy for physician services. It neither affects Medicaid services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund physician services under the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because this amendment only implements by rule ongoing policy for physician services. It neither affects Medicaid services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid members and to Medicaid providers because this amendment only implements by rule ongoing policy for physician services. It neither affects Medicaid services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid member or to a Medicaid provider because this amendment only implements by rule ongoing policy for physician services. 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 on business because the amendment does not change current Medicaid policy or practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41567.htm No. 41564 (Amendment): R414-14. Home Health Services. SUMMARY OF THE RULE OR CHANGE: This amendment implements by rule definitions, client eligibility, program access, service coverage, and provider reimbursement for the Home Health Services program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only implements by rule ongoing policy for home health services. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund home health services under the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because this change only implements by rule ongoing policy for home health services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this change only implements by rule ongoing policy for home health services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because this change only implements by rule ongoing policy for home health services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the amendment does not change current Medicaid policy or practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41564.htm No. 41562 (Amendment): R414-49. Dental, Oral and Maxillofacial Surgeons and Orthodontia. SUMMARY OF THE RULE OR CHANGE: This amendment implements the scope of dental services available to blind or disabled Medicaid members who are 18 years of age or older. It also specifies program access requirements and where to reference covered services and limitations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an expected annual cost of about $5,456,300 to implement these provisions. This figure is based on a total of about 34,500 Medicaid members who may become eligible for dental services. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund dental services under the Medicaid program. - SMALL BUSINESSES: Small businesses may see revenue up to $5,456,300 as a result of this change. The exact amount, however, cannot be determined since it will depend on services needed by Medicaid members. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may see revenue up to $5,456,300 as a result of this change. The exact amount, however, cannot be determined since it will depend on services needed by Medicaid members. Medicaid members who qualify for these services will see out-of-pocket savings based on this amount, but the exact savings cannot be determined as it will depend on what services they receive. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change can only result in increased revenue to a single Medicaid provider and savings to a Medicaid member. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses that are Medicaid providers will be fiscally impacted through an increase in revenue for certain dental services covered by Medicaid. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41562.htm No. 41565 (Amendment): R414-70. Medical Supplies, Durable Medical Equipment, and Prosthetic Devices. SUMMARY OF THE RULE OR CHANGE: This amendment implements by rule a provision of federal law that updated parameters for the use of DME to the home, and implements face-to-face requirements for home health services. It also updates the title of the applicable provider manual to include "durable medical equipment". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Health expects this change to result in an annual cost of about $42,100 in total funds. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund the use of DME for Medicaid members. - SMALL BUSINESSES: Small businesses may see a portion of $42,100 in annual revenue as a result of this change. The exact amount, however, cannot be determined since it will depend on the services needed by Medicaid members. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may see a portion of $42,100 in annual revenue as a result of this change, while Medicaid members may see a portion of $42,100 in out-of-pocket savings. The exact savings, however, cannot be determined as it will depend on what Medicaid members qualify for and which providers they use. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this amendment can only result in increased revenue to a single Medicaid provider and out-of-pocket savings to a Medicaid member. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will fiscally impact businesses related to Medicaid providers through an increase in potential revenue. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41565.htm No. 41557 (Amendment): R414-305-5. Resource Provisions for Parents and Caretaker Relatives, Pregnant Woman, and Child Under Non-MAGI-Based Community and Institutional Medicaid. SUMMARY OF THE RULE OR CHANGE: This amendment implements provisions of H.B. 172 (2017), which instruct the Department of Health to disregard resources held in a Utah Educational Savings Plan when making eligibility determinations for certain Medicaid programs. It also makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an estimated cost of about $2,200 to the state budget based on the projection that an additional 3.5 individuals will become eligible for certain programs. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor make eligibility determinations. - SMALL BUSINESSES: There is no impact to small businesses because this amendment neither imposes new cost requirements nor creates measurable revenue. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers because this amendment neither imposes new cost requirements nor creates measurable revenue. Medicaid members who qualify for certain programs may see a modest increase in out-of-pocket savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this amendment does not impose new cost requirements on a single business or provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because it does not impose any additional costs or requirements for Medicaid providers nor does it create any additional measurable revenue for providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41557.htm No. 41560 (Amendment): R414-401-3. Assessment. SUMMARY OF THE RULE OR CHANGE: In Subsection R414-401-3(2), every nursing facility is assessed at the uniform rate of $20.98 per patient day, which is an increase from the previous $18.74 per patient day assessment, based upon projected days. In Subsection R414-401-3(2), ICFs/ID are assessed at the uniform rate of $8.36 per patient day, which is a decrease from the previous $8.45 per patient day assessment, based upon projected days. These updates are based on estimates of patient days for SFY 2018 and the appropriation amounts. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The update to the assessment rates is anticipated to be budget neutral as it updates the collection rate based on projected days in SFY 2018 and the appropriation amount. - LOCAL GOVERNMENTS: Inasmuch as swing beds are variable, it is not possible to determine the cost or savings to local hospital and swing bed facilities. - SMALL BUSINESSES: Medicaid nursing facility providers will realize an increase in cost to non-Medicaid certified facilities as those facilities would be assessed the higher amount and would not realize any payments from Medicaid. Inasmuch as patient days are variable, it is not possible to determine the increased cost that will be realized by these facilities. ICFs/ID will realize a decreased cost based upon the decrease in the assessment rate. Inasmuch as patient days are variable, it is not possible to determine the decreased cost that will be realized by these facilities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid nursing facility providers will realize an increase in cost to non-Medicaid certified facilities as those facilities would be assessed the higher amount and would not realize any payments from Medicaid. Inasmuch as patient days are variable, it is not possible to determine the increased cost that will be realized by these facilities. ICFs/ID will realize a decreased cost based upon the decrease in the assessment rate. Inasmuch as patient days are variable, it is not possible to determine the decreased cost that will be realized by these facilities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs include an increased collection of $2.24 per non-Medicare patient day from each nursing facility and decrease of $0.09 per qualifying patient day for the ICF/ID providers. The assessment monies are used to draw down federal matching funds that result in higher reimbursement rates than would be possible without the assessment monies. All Medicaid-certified nursing and swing bed facilities have benefited from this process. The amount of overall gain or loss depends on the number of Medicaid patients in the facility. In addition, there would be an increase in cost to non-Medicaid-certified facilities as those facilities would be assessed the higher amount and would not realize any payments from Medicaid. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is a fiscal impact on business through the increase in the assessment rate payable by Medicaid-certified nursing facilities to Medicaid. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41560.htm No. 41561 (New Rule): R414-514. Requirements for Moratorium Exception. SUMMARY OF THE RULE OR CHANGE: Under the Moratorium Exception, this new rule implements requirements that a Medicaid-certified nursing facility program must meet for certification of additional nursing care facility programs, or for certification of additional beds within an existing nursing care facility program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an expected annual cost of about $1,800 to cover the licensing fees of a new nursing facility. Nevertheless, there is no way to estimate the total cost to the state budget without knowing the number of facilities that will become licensed under the new legislation. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor certify nursing facility programs under the Medicaid program. - SMALL BUSINESSES: Each new small business may see an annual increase in cost of about $1,800 to operate a skilled nursing facility. Nevertheless, there is no way to estimate the total cost to small businesses without knowing the number of facilities that will become licensed under the new legislation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Each new nursing care facility provider may see an annual increase in cost of about $1,800 to operate a skilled nursing facility under the new legislation. Nevertheless, there is no way to estimate the total cost to nursing facilities without knowing the number of facilities that will become licensed. Medicaid members will not see any out-of-pocket expenses associated with this rulemaking. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single nursing care facility provider may see an annual increase in cost of about $1,800 to operate a skilled nursing facility under the new legislation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment fiscally impacts business by increasing licensing fees for new Medicaid nursing care facilities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41561.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 41499 (Amendment): R477-1. Definitions. SUMMARY OF THE RULE OR CHANGE: The changes correct spelling in Subsection R477-1-1(66), add a definition at Subsection R477-1-1(114), and renumber Subsections R477-1-1(115) through (117). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41499.htm No. 41501 (Amendment): R477-2. Administration. SUMMARY OF THE RULE OR CHANGE: The changes clarify career service in Section R477-2-1, change "Office" to "Board" in Subsection R477-2-1(4), clarify that Subsection R477-2-1(6) applies to schedule A employees of elected officials, remove Subsection R477-2-2(3) as Section 67-19-18 vests such authority in each department's own agency head, and make grammatical revisions in Subsection R477-2-3(3)(b) and Section R477-2-9. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41501.htm No. 41502 (Amendment): R477-4. Filling Positions. SUMMARY OF THE RULE OR CHANGE: The changes reorganize Subsection R477-4-2(4) for greater clarity, rewrite Subsection R477-4-2(5) to include career service exempt rather than listing all career service exempt schedule codes and reorganize provisions for clarity, revise Subsection R477-4-2(6) for clarity and to add schedule AS, correct a grammatical error (plural) in Subsection R477-4-4(2), correct a grammatical error in numbering (lettering) and a grammatical error in Subsection R477-4-5(1), eliminate provisions from Section R477-4-6 which are duplicated in other subsections and revise Subsection R477-4-6(2)(a) for consistency with other rule citations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41502.htm No. 41504 (Amendment): R477-5. Employee Status and Probation. SUMMARY OF THE RULE OR CHANGE: The changes revise Subsection R477-5-1(3)(b) to say "career service exempt" rather than listing all career service exempt schedule codes, add the Veteran's Employment Opportunity Program to the rule as required by H.B. 232 (2015) to Subsection R477-5-1(3)(c), and clarify Subsection R477-5-2(2)(c) that changing agencies does not require new probationary period. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41504.htm No. 41503 (Amendment): R477-6. Compensation. SUMMARY OF THE RULE OR CHANGE: The changes edit Subsection R477-6-6(1)(a) to clarify that only schedule IN and TL employees are not required to receive a 5% wage increase upon promotion, organize clarification to Subsection R477-6- 6(3)(a), clarify Subsections R477-6-6(3)(c) and (d) to remove repeated requirements from Subsection R477-6-6(3)(a), revise Subsection R477-6-6(6) to require employees who apply for lower-level positions to be placed within the lower pay range, correct spelling error in Subsection R477-6-10(1)(a)(iii), add new schedule code AE to Subsections R477-6-10(2) and R477-6-11(1) pursuant to S.B. 127 (2017), and clarify edits to Subsection R477-6-11(1)(b). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41503.htm No. 41505 (Amendment): R477-7. Leave. SUMMARY OF THE RULE OR CHANGE: The changes correct the name of a holiday in Subsection R477-7-2(1)(a), clarify edits and remove a 14-year-old provision from Subsection R477-7-3(2), clarify edits to Subsection R477-7-4(7), make grammatical corrections to Subsection R477-7-5(5)(b)(ii), add mention of phased retirement per S.B. 19 (2016) in Subsections R477-7-5(6) and R477-7- 6(5)(c), clarify edits to Section R477-7-6, make grammatical corrections to Subsection R477-7-6(5)(a), change "work weeks" to "workweeks" consistent with FMLA regulations in Subsections R477-7-15(1) and (2), remove Subsection R477- 7-17(1) as DHRM has no control over this process, remove Subsection R477-7- 17(5) as it is duplicative, and renumber Subsections R477-7-17(1) through (4) due to removal of Subsections R477-7-17(1) and (5). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41505.htm No. 41506 (Amendment): R477-8. Working Conditions. SUMMARY OF THE RULE OR CHANGE: The changes clarify implied provisions in Subsection R477-8-1(4), make grammatical corrections in Subsection R477-8- 3(1), establish 80 hours as minimum limit of comp time earned by FLSA Exempt employees in Subsection R477-8-6(1)(b), reorganize Subsection R477-8-6(1)(d) for clarity and to match ability of state finance to track comp time hours, make grammatical corrections to Subsection R477-8-7(1)(b), and add new provision at Subsection R477-8-17(3) to count time spent on Temporary Transitional Assignment as leave for purposes of the max leave rule at Subsection R477-7-1(9). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41506.htm No. 41507 (Amendment): R477-10. Employee Development. SUMMARY OF THE RULE OR CHANGE: The changes remove unnecessary punctuation at Section R477-10-2, make organizational revisions to place employee's right to submit written comment on PIP after the provisions of the PIP itself switching Subsections R477-10-2(2) and (3), eliminate Subsection R477-10-2(6) to create new Section R477-10-3 governing written warnings with clarifying edits, and renumber Sections R477-10-3 and R477-10-4 as a result of creation of Section R477-10-3. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41507.htm No. 41508 (Amendment): R477-11. Discipline. SUMMARY OF THE RULE OR CHANGE: The changes clarify edits in Subsections R477-11-1(4)(c)(i) and (ii), clarify edits in Subsection R477-11-1(7), and correct a citation in Subsection R477-11-2(1). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41508.htm No. 41509 (Amendment): R477-12. Separations. SUMMARY OF THE RULE OR CHANGE: The changes clarify Section R477-12-1, revise Subsection R477-12-1(1) to remove withdrawal of resignation without management consent within one working day, remove "for cause" clause in Subsection R477-12-3(9) where the whole section is reductions in force, and remove a citation to Section 67-19-17, which no longer exists. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41509.htm No. 41510 (Amendment): R477-14. Substance Abuse and Drug-Free Workplace. SUMMARY OF THE RULE OR CHANGE: The changes revise Subsection R477-14-1(12) to accurately reflect the title of the working document, add "or" in Subsection R477-14-1(15), remove statutory citation in Subsection R477-14- 2(3), clarify language regarding records in Subsection R477-14-3(2), and update statutory citations in the annotations block at the end of the text. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41510.htm No. 41511 (Amendment): R477-15. Workplace Harassment Prevention. SUMMARY OF THE RULE OR CHANGE: The changes clarify in Subsection R477-15- 1(2) that the rule may be violated even if law is not and clarify Subsection R477-15-6(1) regarding responsibilities and reporting of harassment training. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41511.htm No. 41512 (Amendment): R477-16. Abusive Conduct Prevention. SUMMARY OF THE RULE OR CHANGE: The changes clarify Subsection R477-16- 1(1)(c) to be more in line with statute and clarify Subsection R477-16-4(1) regarding responsibilities and reporting of harassment training. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/08/2017 09:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41512.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 41482 (Repeal): R501-17. Adult Foster Care. SUMMARY OF THE RULE OR CHANGE: This rule is no longer used. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone. - LOCAL GOVERNMENTS: There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone. - SMALL BUSINESSES: There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively- approved fees related to this license. Repealing this changes nothing for anyone. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively- approved fees related to this license. Repealing this changes nothing for anyone. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Diane Moore by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@utah.gov - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41482.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 41558 (New Rule): R850-160. Withdrawal of Trust Lands from Public Target Shooting. SUMMARY OF THE RULE OR CHANGE: There is a history of continued abuse and degradation of trust assets due to illegal dumping and littering, use of unsafe targets, damage to sensitive archaeological sites, wildfires, and risk to public safety that stems from public target shooting. This rule sets forth general definitions, exemptions, planning, and consultation processes required for the withdrawal of specifically designated trust lands from public target shooting. The rule also withdraws 1,533.68 acres of trust lands in the Eastern Lake Mountains area from public target shooting. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that all costs for implementation and enforcement of the proposed rule for items such as signs, maps, any needed restoration or rehabilitation work, or enforcement of the target shooting closure will be covered with existing personnel and budgets or through partnerships with local government and federal land managing agencies. Due to the unpredictable nature of wildfires and the many factors such as weather conditions, terrain, fuel load, and proximity to structures which influence their size and scope, it is challenging to quantify an estimate of these potential cost savings to the state. However, it may be helpful to note that in 2012, the Dump Fire, which was caused by target shooters in close proximity to this proposed closure area and ultimately consumed 5,507 acres, resulted in total fire suppression costs of $2,100,000 to federal, state, and local government entities. It is anticipated that implementation of this rule will assist in minimizing risk of future catastrophic fires in the area and thereby present potential savings to the state. - LOCAL GOVERNMENTS: It is anticipated that all costs for enforcement of the target shooting closure through the local sheriff's office will be covered with existing personnel and budgets. Therefore, this proposed rule will have no impact on local government budgets. - SMALL BUSINESSES: Due to the relatively small size of this proposed closure, the large amount of both public and trust land in the immediate area which remains open to public target shooting, and the anticipated development of a public shooting range in the area by Utah County, School and Institutional Trust Lands Administration (SITLA) asserts that this proposed rule will have no impact on the sale of merchandise such as firearms, targets, or ammunition by small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Given the ample public shooting opportunities which remain available in the immediate area on public lands, trust lands, and at the public shooting range to be developed by Utah County, SITLA sees no financial impact, positive or negative, to any other persons or entities. Those who desire to pursue target shooting in the immediate area may still do so in a responsible manner with no additional burden of travel or other expense. It is anticipated that the public target shooting range which is being developed by Utah County, independent of this proposed rule, will be free to the public. COMPLIANCE COSTS FOR AFFECTED PERSONS: The closure of these trust lands from public target shooting under the proposed rule should not create any compliance costs for affected persons. There are other public lands in the area that will still be available for public target shooting, as well as the future public shooting range to be developed by Utah County. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As Director of SITLA, I take my responsibility to generate revenue for the trust beneficiaries very seriously. Part of that responsibility includes protecting the assets of the trust from abuse or degradation. Another part of that responsibility includes fostering a business-friendly environment. I believe that with the implementation of this rule, we have struck the right balance of protecting our valuable assets without harming the opportunity for business to flourish. Although we are withdrawing a relatively small amount of trust acreage from public target shooting, it will nevertheless remain open for other forms of responsible public recreation such as ATV riding, hunting, hiking, mountain biking, and sightseeing. The vast majority of trust lands and other public lands in the immediate area of this specific closure will remain open to public target shooting as well. Given these ample opportunities, I do not foresee any financial impact to the recreation industry or other business by the implementation of this rule. Furthermore, promulgation of this rule will help enhance public safety in the area, lower the risk of catastrophic fires, protect vulnerable archeological sites, and provide for a cohesive management and law enforcement strategy with other adjoining landowners. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41558.htm SCIENCE TECHNOLOGY AND RESEARCH GOVERNING AUTH. ADMINISTRATION No. 41481 (New Rule): R856-7. USTAR Definition of High-Quality Job. SUMMARY OF THE RULE OR CHANGE: "High-quality job" means a job that provides compensation of more than 125% of a county average wage as reported by the Department of Workforce Services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: By implementation of a standard for high-paying jobs, USTAR will be better able to articulate and measure the effectiveness of current programs or identify additional programs which may be required. This rule provides a definition. Therefore, there is no additional cost or saving associated with this administrative rule and no cost impact to the state budget. - LOCAL GOVERNMENTS: By implementation of a standard for high-paying jobs, USTAR will be better able to articulate and measure the effectiveness of current programs and benchmark them against county average wages, therefore offering the ability to capture metrics at the county-level. This rule provides a definition. Therefore, there is no additional cost or savings associated with this administrative rule and no cost impact to local government. - SMALL BUSINESSES: This rule provides a USTAR definition of high-paying jobs. Therefore, there is no cost or saving impact associated with this administrative rule to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule provides a USTAR definition of high-paying jobs. Therefore, there is no cost or saving impact associated with this administrative rule to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule provides a USTAR definition of high-paying jobs. Therefore, there are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This administrative rule allows the USTAR to better capture the economic impact of jobs created by USTAR programs and is required per Subsection 63M-2-302(1)(c). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thom Williams by phone at 801-538-8633, or by Internet E-mail at thomwilliams@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41481.htm No. 41491 (New Rule): R856-8. USTAR Lean Launchpad Program Reimbursement. SUMMARY OF THE RULE OR CHANGE: The USTAR LLP is designed to provide product- market fit assessment through a training course to private entities and researchers who do not otherwise have access to the curriculum through the programs that are administered at Brigham Young University and the University of Utah to ensure there is no duplication of programs from other state entities (Section 63M-2-302) and assure that services are available to private entities and researchers across the state. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Adoption of this administrative rule does not require additional budget outlays. - LOCAL GOVERNMENTS: No local budget impact is anticipated because this program is facilitated by USTAR and only impacts businesses. - SMALL BUSINESSES: Small businesses will now be eligible for USTAR's LLP (copyright) curriculum and methodology that provides mentoring, entrepreneurial training, and a methodology to assess the potential for taking a technology to market. This program will enhance small business competitiveness in obtaining private and public follow-on investment. It is not anticipated that businesses will experience a savings as a result of this mentoring but will potentially enhance their chances of becoming commercially successful. There is no cost to businesses selected to participate. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No local fiscal impact to persons other than small businesses or businesses is anticipated. COMPLIANCE COSTS FOR AFFECTED PERSONS: Companies selected to participate are required to provide the reporting, as applicable, specified in Section 63M-2- 703 for at least five years following initial participation in the LLP. Companies must maintain eligibility status for the LLP until the cohort is complete and first-year reporting has been completed or repayment of the grant may be required. Compliance costs are approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Subsections 63M-2-504(1)(a) and (1)(b) instruct the USTAR governing authority to provide mentoring, networking, and entrepreneurial training for a private entity or a researcher to help take a new technology to market. Subsection 63M-2-503(1)(b) provides support to a private entity or a researcher in assessing the potential for bringing a technology to market. Subsection 63M-2-504(2) requires the USTAR governing authority to make rules establishing the eligibility, award process, and reporting criteria for each grant program administered by USTAR. This administrative rule fulfills these requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Pieper by phone at 801-366-0353, or by Internet E-mail at cpieper@utah.gov - Peter Jay by phone at 801-372-3969, or by Internet E-mail at pjay.oldrecord@utah.gov - Peter Jay by phone at 801-372-3969, or by Internet E-mail at pjay@utah.gov - Thom Williams by phone at 801-538-8633, or by Internet E-mail at thomwilliams@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41491.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 41484 (Amendment): R926-2. Evaluation of Proposed Additions to or Deletions from the State Highway System. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies the purpose of the rule, eliminates definitions for terms that are no longer used, eliminates text that sets deadlines and time frames that are no longer valid, eliminates text that makes the Transportation Commission responsible to perform tasks that are now performed by the Department, and makes several technical and grammatical corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this amendment will have any impact on the state's budget. The amendment addresses procedures that are internal to the Department and will not have any impact on parties external to the Department, fiscal or otherwise. - LOCAL GOVERNMENTS: The Department does not anticipate that this amendment will have any impact on the budgets of local governments. The amendment addresses procedures that are internal to the Department and will not have any impact on parties external to the Department, fiscal or otherwise. - SMALL BUSINESSES: The Department does not anticipate that this amendment will have any impact on the budgets of small businesses. The amendment addresses procedures that are internal to the Department and will not have any impact on parties external to the Department, fiscal or otherwise. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this amendment will have any impact on the budgets of persons other than small businesses, businesses, or local government entities. The amendment addresses procedures that are internal to the Department and will not have any impact on parties external to the Department, fiscal or otherwise. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment makes changes to procedures within the Department. No persons external to the Department will be affected by this amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment will not have any fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41484.htm PRECONSTRUCTION No. 41485 (New Rule): R930-9. Detection and Elimination of Unauthorized Discharges into Drainage Systems, Enforcement of Water Laws, Sanctions for Violation, and Permitting. SUMMARY OF THE RULE OR CHANGE: This rule recognizes the Department's authority to create a regulatory mechanism for the Department to implement actions that meet the requirements of the Department's UPDES MS4 Permit; identifies steps the Department may take to enforce the rule; and identifies fees the Department may charge for tie-ins to the Departments storm water systems, for unlawful discharges through the systems, for illicit connections to the systems, and for other unauthorized uses of the systems. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule provides a mechanism through which it may charge fees to third parties for using the Department's storm water systems, and to penalize third parties that direct unlawful discharges through the systems or make unauthorized tie-ins to the systems. Enforcement costs will likely offset savings to the state budget. - LOCAL GOVERNMENTS: The Department does not anticipate that this rule will lead to significant costs or savings to local governments unless a local government seeks a tie-in to a Department storm water system, or makes an illicit tie-in to a system, or makes an illicit discharge through a system. In such cases, there will be a cost to the local government which will be offset by the benefits provided. - SMALL BUSINESSES: The Department does not anticipate that this rule will lead to significant costs or savings to small business, generally. However, should an individual small business seek a tie-in to a Department storm water system, or make an illicit tie-in to a system, or make an illicit discharge through a system, there will be a cost to that small business which will be offset by the benefits provided. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this rule will lead to significant costs or savings to persons other than small businesses, businesses, or local government entities, generally. However, should a person other than small businesses, businesses, or local government entities seek a tie-in to a Department storm water system, or make an illicit tie-in to a system, or make an illicit discharge through a system, there will be a cost to that person which will be offset by the benefits provided. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be compliance costs to affected persons that will be offset by the benefits provided for legitimate tie-ins. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will not cause a fiscal impact on businesses, generally. However, should an individual business seek a tie-in to a Department storm water system, or make an illicit tie-in to a system, or make an illicit discharge through a system, there will be a fiscal impact to that business. Fiscal impacts on businesses with legal tie-ins will likely be offset by benefits provided to those users. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Mark Burns by phone at 801-366-0198, by FAX at 801-366-0352, or by Internet E-mail at markburns@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41485.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 41520 (New Rule): R994-102. Employment Security Act, Public Policy and Authority. SUMMARY OF THE RULE OR CHANGE: There are no changes to this rule. It is being filed anew because the Department inadvertently allowed it to expire. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally funded program so there are no costs or savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program, and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program, and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41520.htm No. 41521 (New Rule): R994-106. Combined Wage Claims. SUMMARY OF THE RULE OR CHANGE: There are no changes to this rule. It is being filed anew because the Department of Workforce Services inadvertently allowed it to expire. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally funded program so there are no costs or savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program, and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program, and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41521.htm No. 41522 (New Rule): R994-303. Contribution Rates. SUMMARY OF THE RULE OR CHANGE: There are no changes to this rule. It is being filed anew because the Department inadvertently allowed it to expire. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally funded program so there are no costs or savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program, and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program, and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program, and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41522.htm No. 41523 (New Rule): R994-401. Payment of Benefits. SUMMARY OF THE RULE OR CHANGE: There are no changes to this rule. It is being filed anew because the Department of Workforce Services inadvertently allowed it to expire. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs or savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program, and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program, and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41523.htm No. 41525 (New Rule): R994-402. Extended Benefits (EB). SUMMARY OF THE RULE OR CHANGE: There are no changes to this rule. It is being filed anew because the Department of Workforce Services inadvertently allowed it to expire. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs or savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program, and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program, and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program, and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2017 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: 06/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41525.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/publications/utah-adm- code/. 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 INSPECTOR GENERAL OF MEDICAID SERVICES (OFFICE OF) No. 41487 (5-year Review): R30-1. Office of Inspector General of Medicaid Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because the work of the Office is still conducted in a substantially similar fashion. The Office is conducting a thorough review of the rule under new management and will likely update the rule in the future. DIRECT QUESTIONS REGARDING THIS RULE TO: - Gene Cottrell by phone at 801-538-6856, by FAX at 801-538-6382, or by Internet E-mail at gcottrell@utah.gov - Nathan Johansen by phone at 801-538-6455, by FAX at 801-538-6382, or by Internet E-mail at nmjohansen@utah.gov EFFECTIVE: 04/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41487.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 41492 (5-year Review): R317-5. Large Underground Wastewater Disposal (LUWD) Systems. 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 sets design requirements for construction of large underground wastewater treatment and disposal systems as defined in the rule. The Water Quality Board is charged with making the rules that provide the guidelines for review and approval of these systems. The rule is required to meet this charge. Therefore, this rule should be continued. 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: 04/25/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41492.htm No. 41493 (5-year Review): R317-550. Rules for Liquid Waste Operations. 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 to regulate Liquid Waste Operations in order to protect public health and the environment. Therefore, this rule should be continued. 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: 04/25/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41493.htm No. 41494 (5-year Review): R317-560. Rules for the Design, Construction, and Maintenance of Vault Privies and Earthen Pit Privies. 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 regulates the design, construction, operation, and maintenance of vault and earthen pit privies to protect public health and the environment. Therefore, this rule should be continued. 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: 04/25/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41494.htm HEALTH ADMINISTRATION No. 41488 (5-year Review): R380-10. Informal Adjudicative Proceedings. 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 sets the procedures for who can request a hearing, who has adjudicative authority, who will be the presiding officer, how the proceeds will commence and response, and when and how an agency review will be completed. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tamara Hampton by phone at 801-538-6622, by FAX at 801-538-6306, or by Internet E-mail at thampton@utah.gov EFFECTIVE: 04/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41488.htm No. 41490 (5-year Review): R380-100. Americans with Disabilities Act Grievance Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is to implement the provisions of 28 CFR 35. The Utah Department of Health adopts and publishes the grievance procedures for the prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tamara Hampton by phone at 801-538-6622, by FAX at 801-538-6306, or by Internet E-mail at thampton@utah.gov EFFECTIVE: 04/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41490.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41556 (5-year Review): R414-60. Medicaid Policy for Pharmacy Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In its initial response to the comments from Gold Standard, the Department maintained that it does not reference other databases because it uses only the Medi-Span drug file. The Department further stated that if a drug is not in the Medi-Span drug file, the Department cannot adjudicate the drug because it is not in the system. Additionally, listing a generic reference could mean the drug is listed in the First DataBank file and not the Medi-Span file, and may render the Department unable to adjudicate the claim. When the Department switches its compendia from Medi-Span to another compendia, it will update the rule accordingly. In the meantime, the Department needs to specify and clearly state what it will cover and not cover. Based on the aforementioned response, the Department made the proposed rule effective in 2016. Nevertheless, after further discussion with Gold Standard and after more internal review, the Department decided to amend the rule further to use broader language. The new proposed change has been published for comment in the April 15, 2017, Utah State Bulletin under Filing No. 41379, and is pending approval to be made effective. In its response to CVS Health and UFIA, the Department confirmed their understanding of the proposed rule in terms of WAC, FUL, and UMAC, and verified their understanding of urban, rural, and out-of-state professional dispensing fees. The Department further confirmed that UMAC will be the NADAC for drugs that the Centers for Medicare and Medicaid Services (CMS) has established at a NADAC price. For drugs that do not have a NADAC, the Department may set a UMAC price. In regard to the Department's evaluation of Submitted Ingredient Cost, pharmacies that use medications purchased through the 340B program, Federal Supply Schedule, or Nominal Price, must submit the actual acquisition cost on the claim. Pharmacies that have purchased medications outside of these programs may continue to bill Utah Medicaid using their Usual and Customary pricing structure. The Department will continue this rule because it implements pharmacy services and prescription drug coverage, clarifies coverage for over-the-counter drugs, specifies reimbursement and pharmacy dispensing fees, and implements federal policy for covered outpatient drugs. There is no opposition to the rule itself, and the Department addressed previous concerns as noted above. Therefore, this rule should be continued. 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: 04/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41556.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 41524 (5-year Review): R477-1. Definitions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-1. It is the opinion of the agency that Rule R477-1 is a vital part of the established DHRM rules. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41524.htm No. 41526 (5-year Review): R477-2. Administration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-2. It is the opinion of the agency that Rule R477-2 adequately meets the requirements of Section 67-19-6. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41526.htm No. 41527 (5-year Review): R477-3. Classification. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-3. It is the opinion of the agency that Rule R477-3 adequately meets the requirements of Section 67-19-6. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41527.htm No. 41528 (5-year Review): R477-4. Filling Positions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-4. It is the opinion of the agency that Rule R477-4 adequately meets the requirements of Section 67-19-6. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41528.htm No. 41529 (5-year Review): R477-5. Employee Status and Probation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-5. It is the opinion of the agency that Rule R477-5 adequately meets the requirements of Sections 67-19-6 and 67-19-16. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41529.htm No. 41530 (5-year Review): R477-6. Compensation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-6. It is the opinion of the agency that Rule R477-6 adequately meets the requirements of Sections 67-19-6 and 67-19-12. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41530.htm No. 41531 (5-year Review): R477-7. Leave. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-7. It is the opinion of the agency that Rule R477-7 adequately meets the requirements of Section 67-19-6. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41531.htm No. 41532 (5-year Review): R477-8. Working Conditions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-8. It is the opinion of the agency that Rule R477-8 adequately meets the requirements of the Fair Labor Standards Act and Sections 67-19-6 and 69-19- 6.7. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41532.htm No. 41533 (5-year Review): R477-9. Employee Conduct. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-9. It is the opinion of the agency that Rule R477-9 adequately meets the requirements of Sections 67-19-6 and 67-25-302, as well as the Federal Hatch Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41533.htm No. 41537 (5-year Review): R477-10. Employee Development. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-10. It is the opinion of the agency that Rule R477-10 adequately meets the requirements of Sections 67-19-6 and 69-19-3.1. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41537.htm No. 41538 (5-year Review): R477-11. Discipline. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-11. It is the opinion of the agency that Rule R477-11 adequately meets the requirements of Sections 67-19-6 and 69-19-18. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41538.htm No. 41541 (5-year Review): R477-12. Separations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-12. It is the opinion of the agency that Rule R477-12 adequately meets the requirements of Sections 67-19-6 and 69-19-18. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41541.htm No. 41542 (5-year Review): R477-13. Volunteer Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-13. It is the opinion of the agency that Rule R477-13 adequately meets the requirements of Sections 67-19-6 and 69-20-8. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41542.htm No. 41543 (5-year Review): R477-15. Workplace Harassment Prevention. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-15. It is the opinion of the agency that Rule R477-15 adequately meets the requirements of Section 67-19-6, Utah Executive Order 12 (December 2006), and Title VII of the Civil Rights Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41543.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 41483 (5-year Review): R512-204. Child Protective Services, New Caseworker Training. 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 is necessary in order for the Division of Child and Family Services to continue to provide training for new caseworkers. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 04/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41483.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41514 (5-year Review): R746-313. Electric Service Reliability. 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 remain in effect to allow the Public Service Commission to require utilities to have a program to ensure reliable electric service is provided to each electric service customer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41514.htm No. 41513 (5-year Review): R746-400. Public Utility 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 should remain in effect to allow utilities to provide statutorily required information, which is required for regulation by the Public Service Commission and the Division of Public Utilities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41513.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 41489 (5-year Review): R850-11. Procurement. 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 statute in order for the agency to be exempt from the provisions outlined under Title 63G, Chapter 6a, Utah Procurement Code, in order to streamline the procurement process and enable the agency to respond to marketing opportunities in a more timely manner and to efficiently fulfill its responsibilities under the law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ron Carlson by phone at 801-538-5131, by FAX at 801-538-5118, or by Internet E-mail at rcarlson@utah.gov EFFECTIVE: 04/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41489.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). WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 41515 (Expired): R994-102. Employment Security Act, Public Policy and Authority. SUMMARY: The five-year review was not filed by the deadline so the rule expired and is removed from the Administrative Code. (EDITOR'S NOTE: A proposed new Rule R994-102 is under Filing No. 41520 in this issue, May 15, 2017, of the Bulletin.) 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: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41515.htm No. 41516 (Expired): R994-106. Combined Wage Claims. SUMMARY: The five-year review was not filed by the deadline so the rule expired and is removed from the Administrative Code. (EDITOR'S NOTE: A proposed new Rule R994-106 is under Filing No. 41521 in this issue, May 15, 2017, of the Bulletin.) 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: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41516.htm No. 41517 (Expired): R994-303. Contribution Rates. SUMMARY: The five-year review was not filed by the deadline so the rule expired and is removed from the Administrative Code. (EDITOR'S NOTE: A proposed new Rule R994-303 is under Filing No. 41522 in this issue, May 15, 2017, of the Bulletin.) 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: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41517.htm No. 41518 (Expired): R994-401. Payment of Benefits. SUMMARY: The five-year review was not filed by the deadline so the rule expired and is removed from the Administrative Code. (EDITOR'S NOTE: A proposed new Rule R994-401 is under Filing No. 41523 in this issue, May 15, 2017, of the Bulletin.) 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: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41518.htm No. 41519 (Expired): R994-402. Extended Benefits (EB). SUMMARY: The five-year review was not filed by the deadline so the rule expired and is removed from the Administrative Code. (EDITOR'S NOTE: A proposed new Rule R994-402 is under Filing No. 41525 in this issue, May 15, 2017, of the Bulletin.) 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: 04/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170515/41519.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. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41290 (AMD): R414-61-2.Incorporation by Reference Published: 03/01/2017 Effective: 04/20/2017 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 41332 (AMD): R426-5.Emergency Medical Services Training and Certification Standards Published: 03/15/2017 Effective: 04/26/2017 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 41336 (AMD): R986-600.Workforce Investment Act Published: 03/15/2017 Effective: 05/01/2017 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/researching/ . <> ----------------------------