---------------------------- Utah State Digest, Vol. 2017, No. 12 (June 15, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed May 16, 2017, 12:00 AM through June 1, 2017, 11:59 PM Volume 2017, No. 12 June 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 July 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/2017/20170615/sn158919.htm Public Hearing on Primary Care Network 1115 Demonstration Waiver - 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/2017/20170615/sn158961.htm Limitations on Physician Services - 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/2017/20170615/sn158975.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Issuing a Writ of Election, Utah Executive Order/Proclamation No. 2017-3 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2017/ExecDoc158911.htm Wildland Fire Management, Utah Exec. Order No. 2017-4 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2017/ExecDoc158950.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 May 16, 2017, 12:00 a.m., and June 1, 2017, 11:59 p.m. are summarized in this, the June 15, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the June 15, 2017, issue of the Utah State Bulletin until at least July 17, 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 October 13, 2017, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. AGRICULTURE AND FOOD PLANT INDUSTRY No. 41675 (New Rule): R68-23. Utah Firewood Quarantine. SUMMARY OF THE RULE OR CHANGE: The rule governs the regulation and inspection of firewood to prevent the movement of invasive pest to the state of Utah. The rule will allow for pest prevention and exclusion professionals to regulate the movement of imported firewood by providing proper labeling and record keeping. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a cost to implement this rule. Regulation efforts will happen at or during general inspections at fuel station stops, general stores, hardware stores, and other location where firewood is sold. Regulatory actions will be implemented by the program manager with the assistance of inspectors to help if necessary. Labor will be the primary cost to the state of Utah. The department estimates that it will take approximately 728 hours of employee time to enforce this rule. That totals up to approximately $19,000 in pay to these employees. - LOCAL GOVERNMENTS: The requirements of compliance for firewood movement, record keeping, and labeling will be regulated by the Utah Department of Agriculture and Food (UDAF) and, therefore, will not add additional cost to local state government. - SMALL BUSINESSES: Compliance with the rule will require businesses to label products and maintain records for the sale and purchases of firewood. Most businesses are already in compliance with this regulation. New labels may need to be purchased for compliance. It is not possible for the department to estimate the cost to print labels due to the many different methods, sizes, and material that could be used in the printing of the labels. UDAF does not specify the size, shape, material, or method that must be used to print labels, only that a label with the specified information be located on the product. Additionally, in areas which in the future are designated as quarantine areas there is the potential cost to the business of buying the proper equipment to heat treat the wood. The equipment cost varies depending on the size and amount of wood that is being treated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is a potential to save millions of dollars on the treatment cost, tree removal, conserving natural resources, and ongoing residential pesticide use by preventing the spread of invasive pests into the state of Utah. It is impossible to quantify the cost savings as these are future events. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a cost to create the necessary labels. The cost will depend on how the affected party wants to design the label with the information required. Additionally, there are potential costs of the heat treatment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: UDAF estimates that there will be minimal cost to businesses to maintain compliance. The savings has a potential to be significant. Preventing the spread of invasive species and the eradication projects that follow agriculture pest establishments has the potential to save millions of dollars in eradication and ongoing treatments for stakeholders for years to come. Prevention of invasive species also cuts cost to industries that import out of the state of Utah, by reducing the amount of regulations and treatment cost needed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/25/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41675.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41705 (Amendment): R156-40. Recreational Therapy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-40-102, citations to materials incorporated by reference are updated throughout, as follows: references to the January 2011 NCTRC (National Council for Therapeutic Recreation Certification) National Job Analysis are replaced with the new 2014 NCTRC Job Analysis, and references to the January 2014 NCTRC Certification Standards are replaced with the new January 2017 NCTRC Certification Standards. Subsections R156-40-102(2)(a) and (b) are updated to include the updated January 2017 NCTRC Certification Standards. A new Subsection R156-40-102(5) is added to define "diversional activity". A new Subsection R156-40-102(7) is added to define "initial recreational therapy treatment". Section R156-40-302f is modified to include prescribing initial recreational therapy treatment under the qualifications for consultation. In Section R156-40-302g, a minor formatting change is made. In Section R156-40- 304, first, minor formatting changes are made throughout. Second, the six- hour cap on continuing education provided by the Division of Occupational and Professional Licensing is removed, to conform with Subsection R156-40- 304(5)(a)(ii). Third, the provisions of Subsection R156-40-304(6) that allowed a licensee to request a waiver of continuing education are deleted, and the subsection now cites to Section R156-1-308d, which contains the Division's detailed continuing education waiver provisions. In Section R156- 40-502, a minor formatting change is made. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensees under Title 58, Chapter 40. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: No fiscal impact to small business is anticipated related to any of the updated references or formatting changes, because the new language merely updates the rule and clarifies practices that are already taking place in the industry. Regarding Subsection R156-40-102(5), no fiscal impact to small business is anticipated related to defining diversional activity. The new language adds clarification to practices that should already be taking place in the industry. Regarding Subsection R156-40-102(7) and Section R156-40-302f, there may be a minimal cost increase for small businesses who will now be required to provide initial recreation therapy treatment. This cost will be relative to the time required to prescribe what services the therapeutic recreation therapy technician should be implementing until a treatment plan is developed by the master therapeutic recreation specialist consultant and then to document that information in a patient's chart. The division cannot calculate the increased costs due to varying circumstances but anticipates that the small business employees who will prescribe, provide, and chart this initial recreation therapy treatment will do so as part of their regular job duties, and that the time required and cost will be minimal. Further, the board and the Division believe that any cost increase will be offset by the improved quality of care provided by small businesses to their patients, as at this time it can take up to three weeks for a treatment plan to be initiated in some facilities. This change also would allow for consistency in the consultation services provided in small business facilities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No fiscal impact to other persons is anticipated related to any of the updated references or formatting changes because the new language merely updates the rule and clarifies practices that are already taking place in the industry. Regarding Subsection R156-40-102(5), no fiscal impact to other persons is anticipated related to defining diversional activity. The new language adds clarification to practices that should already be taking place in the industry. Regarding Subsection R156-40-102(7) and Section R156-40- 302f, these amendments may create a minimal cost increase for self-employed individual licensees and for large businesses that will now be required to prescribe and provide initial recreation therapy treatment. Again, this cost will be relative to the time required for them to prescribe treatment and document that information in patient charts. The Division cannot calculate the increased costs due to varying circumstances but anticipates that the time required and cost will be minimal and absorbed within regular job duties and that any cost increase will be offset by the improved quality of care and consistency in the consultation services provided. COMPLIANCE COSTS FOR AFFECTED PERSONS: No fiscal impact to affected persons is anticipated related to any of the updated references or formatting changes because the new language merely updates the rule and clarifies practices that are already taking place in the industry. Regarding Subsection R156-40- 102(5), no fiscal impact to other persons is anticipated related to defining diversional activity. The new language adds clarification to practices that should already be taking place in the industry. Regarding Subsection R156- 40-102(7) and Section R156-40-302f, these proposed amendments may cause some minimal compliance costs for a self-employed individual licensee who will now be required to prescribe and provide initial recreation therapy treatment, relative to the time required to prescribe and to document that information in patient charts. The Division cannot calculate the compliance cost due to varying circumstances but anticipates that the time required and cost will be minimal and absorbed within regular job duties, and that any cost increase will be offset by the improved care and consistency in the consultation services provided. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to Sections R156-40-102, R156-40-302f, R156-40- 304, and R156-40-502: 1) define "diversional activity" and "initial recreational therapy treatment"; 2) include prescribing initial recreational treatment as part of the "qualifications for consultation" under Section R156-40-302f; 3) update citations of incorporated materials to the new 2014 NCTRC Job Analysis and the new 2017 NCTRC Certification Standards; 4) eliminate the six-hour cap on continuing education provided by the Division and modify the processes to obtain, and references to, waivers of continuing education; and 5) make minor formatting changes. All of the amendments, except for the matter addressed in subparagraph 2) above, have no fiscal impact to small business. By including prescribing initial recreational treatment as part of the qualifications for consultation, there may be a minimal cost increase for small businesses who will now be required to prescribe initial recreation therapy treatment. It is anticipated that this fiscal impact will be small, as small business employers prescribing and charting this therapy will do so as part of their regular job duties, and the time required and cost will be minimal. (DOPL FILER'S NOTE: it should be noted that this Division rule was reviewed and approved by the Department Executive Director on 05/15/2017 which was prior to the newly identified requirements related to H.B. 272 which were distributed on 05/18/2017.) INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/26/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41705.htm HUMAN SERVICES AGING AND ADULT SERVICES No. 41698 (Amendment): R510-302. Adult Protective Services. SUMMARY OF THE RULE OR CHANGE: Previously, with the exception of issues of sexual abuse, the Long-term Care Ombudsman program investigated cases of abuse, neglect, and exploitation involving residents of care facilities, while Adult Protective Services investigated the same cases outside of facilities. Due to authority and other issues, it was determined that Adult Protective Services should investigate all cases of abuse, neglect, and exploitation regardless of the setting. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change moves responsibility from one program to another within the Division of Aging and Adult Services and will not result in additional costs or savings. - LOCAL GOVERNMENTS: Local Long-term Care Ombudsman programs will continue to work on other issues within the facilities and will not see a savings or new costs as a result. - SMALL BUSINESSES: These programs are not overseen by small business and they will see neither a new cost nor a savings as a result. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no other anticipated impact of this change. The change is within the Division of Aging and Adult Services and does impact other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The individuals involved have not had costs associated with these reports and will not have them with the change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The update to this rule does not create a savings or new costs and should be budget neutral for the agency. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41698.htm JUVENILE JUSTICE SERVICES No. 41710 (Amendment): R547-13. Guidelines for Admission to Secure Youth Detention Facilities. SUMMARY OF THE RULE OR CHANGE: This rule change amends the current guidelines for Admission to Secure Youth Detention Facilities. Per H.B. 239 (2017), a youth charged with three or more non-status criminal misdemeanor offenses in a single episode will no longer be eligible to be admitted to secure detention unless they meet other admission criteria. New class A against person misdemeanors are added to the list of holdable charges to ensure that youth who pose a serious risk to the community could be admitted to detention. Youth ages ten and eleven can only be admitted to secure detention if they are charged with a violent felony. Other holdable conditions, e.g., youth failed to appear at a court hearing within the past twelve months, are removed from this rule. This rule change continues to promote public safety and hold juvenile offenders accountable. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that implementation of H.B. 239 (2017) will affect detention populations by: 1) reducing the numbers of youth that are eligible for admission to detention by law enforcement as a result of the proposed changes in Rule R547-13 as directed by H.B. 239; 2) reducing the time a youth may be in detention while awaiting placement as directed by H.B. 239; and 3) limiting the number of days court dispositions to detention, such as contempt. The agency is expecting a reduction to detention populations as a result of all aspects of H.B. 239. Variable costs associated with the reduction result in a savings to the agency of approximately $65,800 per year. It is estimated that 34% of that ($22,372) would be attributed to changes in Rule R547-13. Variable costs are defined as those costs directly related to costs that change as a result of population changes. They include items such as client food, client clothing, janitorial supplies, client medical costs, client support costs, household supplies, and laundry costs. It is expected that variable costs will increase in receiving centers as a result of changes to Rule R547-13 but actual costs are unknown at this time. - LOCAL GOVERNMENTS: With the changes to Rule R547-13, law enforcement will not be able to take as many youth to detention facilities as they previously have and will instead have the option of taking them to receiving centers. Since receiving centers are located in close proximity to detention facilities, it was determined that this proposed rule change will have no fiscal impact on law enforcement. - SMALL BUSINESSES: The division purchases certain variable operating expense items from business such as client food, client clothing, janitorial supplies, client medical costs, client support costs, household supplies, and laundry costs. As mentioned under state budget costs above, the agency anticipates a reduction in spending of approximately $22,372 per year in variable costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal costs to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Due to a reduction in the number of youth eligible for secure detention, there may be a minimal reduction in business revenue. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janene Parry by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@utah.gov - Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at judyhammer@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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/10/2017 06:00 PM, City Council Chambers, 175 E 200 N, St. George, UT - 07/11/2017 07:00 PM, Salt Lake City Library, Conference Room, Level 4, 210 E 400 S, Salt Lake City, UT - 07/12/2017 07:00 PM, Logan Library, Bridger Room, 255 N Main Street, Logan, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/25/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41710.htm NATURAL RESOURCES PARKS AND RECREATION No. 41717 (Amendment): R651-603. Animals. SUMMARY OF THE RULE OR CHANGE: Section R651-603-2 refers to a part of the Utah Code that no longer exists regarding guide or service dogs and the reference needs to be updated with the current Utah Code Section 62A-5b-104. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to the state budget. This is an update to the proper code reference. - LOCAL GOVERNMENTS: There is no cost or savings to local government. This is an update to the proper code reference. - SMALL BUSINESSES: There is no cost or savings to small businesses. This is an update to the proper code reference. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost or savings to persons other than small businesses, businesses, or local government entities. This is an update to the proper code reference only. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs or savings to affected persons. This is an update to the proper code reference. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/25/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41717.htm No. 41716 (Amendment): R651-606. Camping. SUMMARY OF THE RULE OR CHANGE: The Division of Parks and Recreation campgrounds were designed for temporary use and have traditionally limited campers stays to 14 days or less as per Section R651-606-5. This restriction is necessary to ensure that all of our visitors have an equal chance to enjoy the campsites and it is also necessary to allow for campsite cleaning and maintenance. In addition, several of the parks are owned by Federal partners who consider use longer than 14 days at a time to be "exclusive use" which is prohibited. Section R651-606-5 currently cannot be used since it refers to a time limit in the fee schedule that no longer exists. Other grammatical changes are made. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to the state budget. The wording regarding how long someone may stay in a campsite was inadvertently eliminated when the Division of Parks and Recreation's fee schedule was done, which in-turn eliminated the campsite time-limit section. This amendment is adding that wording back into the rule. - LOCAL GOVERNMENTS: There is no cost or savings to local government. The wording regarding how long someone may stay in a campsite was inadvertently eliminated when the Division of Parks and Recreation's fee schedule was done, which in-turn eliminated the campsite time-limit section. This amendment is adding that wording back into the rule. - SMALL BUSINESSES: There is no cost or savings to small business. The wording regarding how long someone may stay in a campsite was inadvertently eliminated when the Division of Parks and Recreation's fee schedule was done, which in-turn eliminated the campsite time-limit section. This amendment is simply adding that wording back into the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost or savings to persons other than small businesses, businesses, or local government entities. The wording regarding how long someone may stay in a campsite was inadvertently eliminated when the Division of Parks and Recreation's fee schedule was done, which in-turn eliminated the campsite time-limit section. This amendment is adding that wording back into the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The wording regarding how long someone may stay in a campsite was inadvertently eliminated when the Division of Parks and Recreation's fee schedule was done, which in-turn eliminated the campsite time-limit section. This amendment is adding that wording back into the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change should have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/25/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41716.htm No. 41715 (Amendment): R651-633-2. General Closures or Restrictions. SUMMARY OF THE RULE OR CHANGE: Cliff diving/jumping has been a popular activity at many of our state parks for years and is currently allowed on all water-based state parks except Palisade State Park and Red Fleet State Park. Section R651-633-2 currently prohibits cliff diving/jumping at Palisade State Park and at Red Fleet State Park. Palisade State Park has only one area with rocks suitable for jumping from and this area is not under the state's jurisdiction as it is owned by the local irrigation company. Red Fleet State Park has an area straight across from the boat ramp that many visitors have been jumping from for years in violation of this section. The Division's current park manager would like to change this section to allow cliff jumping/diving in that area. Red Fleet State Park also has very high cliffs bordering the reservoir further upstream that are not safe to jump from that will remain closed by posting signs restricting that activity as authorized by Section R651-633-1. Also, Section R651-633-2 refers to a part of the Utah Code that no longer exists regarding guide or service dogs and the reference needs to be updated with the current Section 62A-5b-104. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an approximate cost of $500 or less to the state budget for signage. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government as the cost only applies to signage for the park. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as the cost only applies to signage for the park. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities as the fees for signage only apply to the Division of Parks and Recreation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because no one is affected but the Division of Parks and Recreation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The change should have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/25/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41715.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41704 (Amendment): R746-360-6. Eligibility for Fund Distributions. SUMMARY OF THE RULE OR CHANGE: This rule section establishes an affordable base rate that certain telecommunications providers are required to charge. Historically, the Public Service Commission has aligned the state affordable base rate with a base rate established by the FCC. The FCC's base rate has been scheduled to increase from $18 to $20 per line, effective 07/01/2017. However, the FCC recently voted to freeze the base rate at $18 per line, at least temporarily. Therefore, this amendment eliminates the existing language that, beginning 07/01/2017, requires affected telecommunications providers to increase their rates to at least $20 per line. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The telecommunications providers that are affected by Section R746-360-6 are eligible for distributions from the Utah Universal Service Fund (UUSF). Each provider's distribution is calculated according to the provider's total income, which will no longer be expected to increase as of 07/01/2017. Therefore, the state budget for the UUSF program should not be affected by this rule amendment. - LOCAL GOVERNMENTS: Local governments are not required to comply with or administer Section R746-360-6. No fiscal impact to local government is anticipate. - SMALL BUSINESSES: Had the scheduled rate increase from $18 to $20 gone into effect, small businesses that receive distributions from the UUSF might have been required to adjust those distributions in light of their increased income. However, with this amendment, there will not be an automatic increase in income, and no immediate adjustment of UUSF distributions will be needed. Therefore, no fiscal impact to affected small businesses is anticipated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Had the scheduled rate increase from $18 to $20 gone into effect, customers of affected businesses would have seen their telephone bills go up. However, with this amendment, there will not be an automatic increase in billings. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, affected persons (telecommunications providers) must continue to charge a minimum affordable base rate of $18. There are no anticipated compliance costs, as this rule amendment maintains the status quo. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, this rule amendment eliminates a scheduled increase in the Utah affordable base rate. Where affected business will not be required to change their rates, no fiscal impact is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/25/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41704.htm TAX COMMISSION ADMINISTRATION No. 41699 (Amendment): R861-1A-20. Time of Appeal Pursuant to Utah Code Ann. Sections 59-1-301, 59-1-501, 59-1-1410, 59- 2-1007, 59-7-517, 59-12-114, 59- 13-210, 63G-4-201, 63G-4-401, 68-3-7, and 68-3-8.5. SUMMARY OF THE RULE OR CHANGE: The proposed amendment deletes duplicative language and clarifies current Tax Commission practice that a petition for adjudicative action must be received in the Tax Commission offices no later than 30 days from the date of the action that creates the right to appeal. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The amendment reflects current agency practice. - LOCAL GOVERNMENTS: None--The amendment reflects current agency practice. - SMALL BUSINESSES: None--The amendment reflects current agency practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The amendment reflects current agency practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The amendment reflects current agency practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41699.htm No. 41700 (Amendment): R861-1A-42. Waiver of Penalty and Interest for Reasonable Cause Pursuant to Utah Code Ann. Section 59-1-401. SUMMARY OF THE RULE OR CHANGE: The proposed amendment clarifies that if a taxpayer first requests a waiver of penalties or interest in an appeal to the Tax Commission, the taxpayer is not required to provide certain information that would be required if the waiver request were for penalty and interest that the taxpayer had paid. This matches the Tax Commission's current practice. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The amendment adds language that reflects current agency practice. - LOCAL GOVERNMENTS: None--The amendment adds language that reflects current agency practice. - SMALL BUSINESSES: None--The amendment adds language that reflects current agency practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The amendment adds language that reflects current agency practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The amendment adds language that reflects current agency practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41700.htm AUDITING No. 41701 (Amendment): R865-9I-54. Renewable Energy Credit Amount Pursuant to Utah Code Ann. Sections 59-10-1014 and 59-10-1106. SUMMARY OF THE RULE OR CHANGE: H.B. 23 (2017) removes the discretionary rulemaking authority of the Tax Commission under Section 59-10-1014. Although the discretionary rulemaking authority of the Tax Commission remains under Section 59-10-1106, no rule is needed under that section. Rule R362-2, Renewable Energy Systems Tax Credits, provides guidance for the credits under Sections 59-10-1014 and 59-10-1106. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary. - LOCAL GOVERNMENTS: None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary. - SMALL BUSINESSES: None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41701.htm MOTOR VEHICLE No. 41702 (Amendment): R873-22M-2. Documentation Required and Procedures to Follow to Register or Title Certain Vehicles Pursuant to Utah Code Ann. Sections 41-1a-104 and 41-1a-108. SUMMARY OF THE RULE OR CHANGE: The proposed amendment deletes references to affidavits where affidavits are no longer required; updates the proof of notice required to title or register a vehicle foreclosed by advertisement to match current statutes; clarifies long-standing agency practice to require an indemnification agreement in all cases when satisfactory documentary evidence of ownership is lacking and the applicant has exhausted all normal means of obtaining evidence of ownership; and makes technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The amendment reflects current agency practice. - LOCAL GOVERNMENTS: None--The amendment reflects current agency practice. - SMALL BUSINESSES: None--The amendment reflects current agency practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The amendment reflects current agency practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The amendment reflects current agency practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41702.htm No. 41703 (Amendment): R873-22M-16. Authorization to Issue a Certificate of Title Pursuant to Utah Code Ann. Section 41-1a-104. SUMMARY OF THE RULE OR CHANGE: The proposed amendment deletes language that appears in Tax Commission Section R873-22M-2; deletes references to affidavits where affidavits are no longer required; clarifies Tax Commission practice with respect to issuance of title when there is an assignment of a lienholder; and makes technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The amendment reflects current agency practice. - LOCAL GOVERNMENTS: None--The amendment reflects current agency practice. - SMALL BUSINESSES: None--The amendment reflects current agency practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The amendment reflects current agency practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The amendment reflects current agency practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41703.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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41706 (5-year Review): R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 22, with respect to professional engineers, professional structural engineers, and professional land surveyors. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov EFFECTIVE: 05/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41706.htm CORRECTIONS ADMINISTRATION No. 41707 (5-year Review): R251-401. Supervision Fees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to define the Utah Department of Correction's policy regarding offenders' monthly supervision fees including criteria for the suspension or waiver of fees and the circumstances under which an offender may request a hearing. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gehrke by phone at 801-545-5617, or by Internet E-mail at sgehrke@utah.gov EFFECTIVE: 05/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41707.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41689 (5-year Review): R414-310. Medicaid Primary Care Network Demonstration Waiver. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this PCN rule because it specifies enrollee rights and responsibilities, sets forth eligibility and verification requirements, spells out eligibility as it relates to creditable health coverage, specifies provisions for income and budgeting, specifies application procedures, sets forth procedures for eligibility decisions and reviews, clarifies the effective date of enrollment, outlines criteria for reporting changes, specifies notice and termination procedures, and clarifies the meaning of improper medical coverage. 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: 05/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41689.htm HERITAGE AND ARTS ADMINISTRATION No. 41709 (5-year Review): R450-2. Preservation Pro Fee. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The fee authorized by the rule provides maintenance, support, and improvement of an important tool. The fees are established by the Legislature and reflect the costs of doing business. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Josh Loftin by phone at 801-245-7205, or by Internet E-mail at jloftin@utah.gov EFFECTIVE: 05/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41709.htm LIBRARY No. 41708 (5-year Review): R458-1. Adjudicative Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule clearly defines the authority and adjudication of State Library Division. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Josh Loftin by phone at 801-245-7205, or by Internet E-mail at jloftin@utah.gov EFFECTIVE: 05/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41708.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 41668 (5-year Review): R657-44. Big Game Depredation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-44 provides the procedures, standards, requirements, and limits for assessing big game depredation and mitigation procedures for big game depredation. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success of the big game depredation program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 05/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41668.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41667 (5-year Review): R746-320. Uniform Rules Governing Natural Gas Service. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R746-320 should be continued because it establishes guidelines for methods and conditions of service for natural gas utilities such as quality control of equipment, standards, records, testing, locations of meters, plant operations and construction, records, and accounting. 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: 05/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41667.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 41697 (5-year Review): R850-1. Definition of Terms. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There are many terms that are unique to various programs administered by the Trust. This rule enables the School and Institutional Trust Lands Administration to define and clarify terminology used throughout the Trust's rules in one location rather than creating a substantial amount of repetition by defining program-related terms within each individual program rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov EFFECTIVE: 05/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41697.htm No. 41696 (5-year Review): R850-2. Trust Land Management Objectives. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The lands administered by the School and Institutional Trust Lands Administration are held in trust for the benefit of specifically designated beneficiaries. This rule outlines the objectives of the Trust in fulfilling its fiduciary duty to those beneficiaries and with regard to the use and disposition of their respective lands. The rule also clarifies for the general public and other governmental entities the purposes for which these lands were granted. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov EFFECTIVE: 05/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41696.htm No. 41695 (5-year Review): R850-3. Applicant Qualifications, Application Forms, and Application Processing. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary as it sets forth the requirements an applicant must meet in order to qualify as a user of trust lands. It also sets forth guidelines for the Trust to follow for consistency in the acceptance or rejection of submitted applications. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov EFFECTIVE: 05/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41695.htm WORKFORCE SERVICES ADMINISTRATION No. 41711 (5-year Review): R982-101. Americans with Disabilities Complaint Procedure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is essential to comply with federal law. The Department would lose all of its federal funding without this rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 05/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41711.htm No. 41712 (5-year Review): R982-201. Government Records Access and Management Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to ensure that the Department is in compliance with Section 63G-2-204. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 05/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41712.htm No. 41713 (5-year Review): R982-301. Councils. 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 is necessary to comply with the requirements of state and federal law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 05/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41713.htm No. 41714 (5-year Review): R982-601. Provider Code of Conduct. 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 is necessary to ensure that all providers paid by the Department comply with state law as outlined in this rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 05/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41714.htm UNEMPLOYMENT INSURANCE No. 41686 (5-year Review): R994-404. Payment Following Workers' Compensation. 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 is necessary to provide information to claimants on how their claim will be handled in the event of a workers' compensation claim. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 05/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41686.htm No. 41687 (5-year Review): R994-406. Fraud, Fault and Nonfault Overpayments. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule provides information to claimants and the Department of Workforce Services personnel on how it is determined which type of overpayment applies and how that overpayment will be collected. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 05/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170615/41687.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 DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 41381 (AMD): R392-302.Design, Construction and Operation of Public Pools Published: 04/15/2017 Effective: 06/01/2017 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41428 (AMD): R414-305-7.Treatment of Trusts Published: 04/15/2017 Effective: 06/01/2017 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 41324 (AMD): R432-100.General Hospital Standards Published: 03/01/2017 Effective: 05/16/2017 No. 41325 (AMD): R432-150.Nursing Care Facility Published: 03/01/2017 Effective: 05/16/2017 TRANSPORTATION ADMINISTRATION No. 41384 (NEW): R907-80.Disposition of Surplus Land Published: 04/15/2017 Effective: 05/22/2017 OPERATIONS, AERONAUTICS No. 41421 (AMD): R914-3.Aircraft Registration Enforcement Published: 04/15/2017 Effective: 05/22/2017 WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 41427 (AMD): R994-403-202.Qualifying Elements for Approval of Training Published: 04/15/2017 Effective: 05/30/2017 No. 41426 (AMD): R994-508.Appeal Procedures Published: 04/15/2017 Effective: 05/30/2017 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/ . <> ----------------------------