---------------------------- Utah State Digest, Vol. 2017, No. 14 (July 15, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed June 16, 2017, 12:00 AM through June 30, 2017, 11:59 PM Volume 2017, No. 14 July 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 August 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/2017/20170715/sn159098.htm Peer Support 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/2017/20170715/sn159136.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. Calling the Sixty-Second Legislature Into the Second Extraordinary Session, Utah Proclamation No. 2017-2E - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2017/ExecDoc159095.htm Wildland Fire Management, Utah Exec. Order No. 2017-6 - 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/ExecDoc159138.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 June 16, 2017, 12:00 a.m., and June 30, 2017, 11:59 p.m. are summarized in this, the July 15, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the July 15, 2017, issue of the Utah State Bulletin until at least August 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 November 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. AUDITOR ADMINISTRATION No. 41844 (Amendment): R123-5. Audit Requirements for Audits of Political Subdivisions and Nonprofit Organizations. SUMMARY OF THE RULE OR CHANGE: This amendment will make a few technical changes but will also remove audit guide specifications and clarify the definition of "political subdivisions" to include special service districts and municipalities. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment will cause a negligible increase to the state budget because the state auditor's office will now review budgets and financial statements of governmental nonprofit organizations. - LOCAL GOVERNMENTS: This amendment will affect local governments (governmental nonprofits) who were not previously required to adopt budgets and have compliance audits performed. The office is unable to anticipate the cost to governmental nonprofits because it is unknown how many entities will be affected by the change, and there is not a system to track these entities at this time. - SMALL BUSINESSES: This will not affect small business because the changes only affect local government and governmental nonprofit corporations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This will not affect other persons because the changes only affect local government and governmental nonprofit corporations. COMPLIANCE COSTS FOR AFFECTED PERSONS: Costs for affected persons may include the cost of a state compliance audit and costs associated with adopting a budget, including notification of and holding a public hearing. The office is unable to anticipate the cost to affected persons because it is unknown how many entities will be affected by the change, and there is not a system to track these entities at this time. 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 to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Phalin Flowers by phone at 801-538-1361, or by Internet E-mail at pflowers@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41844.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41843 (Amendment): R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Nonsubstantive formatting changes are made throughout almost all sections of this rule to eliminate surplus language and to reorganize and renumber the rule for clarity. In particular, as described below, these changes break up lengthy sections that describe requirements for all three professions (professional engineer, professional structural engineer, and professional surveyor). These lengthy sections have been divided into shorter, more readable sections that address each profession separately. In Section R156-22-302b, technical changes are made for better comprehension and consistent formatting; in particular, this long section is trimmed to include only professional engineer and professional structural engineer education requirements. The new Section R156-22-302c amendments only make formatting changes. This new section, formerly part of Section R156-22-302b, separates the education requirements for professional land surveyors. In Section R156-22-302d, the proposed substantive change to this renumbered section removes the requirement that each applicant for licensure is to provide, in addition to a supervisor's verification, another verification from a person who has personal knowledge of the applicant's knowledge, ability, and competence to practice. The Professional Engineers and Professional Land Surveyors Licensing Board has deemed this extra verification requirement unnecessary and onerous. The new Section R156-22- 302e amendments only make formatting changes. This new section, formerly part of Section R156-22-302c, separately itemizes the experience requirements specific to a professional engineer. The new Section R156-22-302f amendments only make formatting changes. This new section, formerly part of Section R156-22-302c, separately itemizes the experience requirements specific to a professional structural engineer. The new Section R156-22-302g amendments only make formatting changes. This new section, formerly part of Section R156-22-302c, separately itemizes the experience requirements specific to a professional land surveyor. In the new Section R156-22-302h, the substantive change to this renumbered section codifies the existing process an applicant for licensure as a professional engineer must follow to be permitted to sit for the required exams. In particular, the language clarifies that the applicant is to register directly with NCEES. In the new Section R156-22- 302i, this new section formerly part of Section R156-22-302d, is a formatting change that separately itemizes the exam requirements for a professional structural engineer. The proposed substantive change to this section codifies the existing process an applicant for licensure as a professional structural engineer must follow to be permitted to sit for the required exams; in particular, the language clarifies that the applicant is to register directly with NCEES. In the new Section R156-22-302j, this new section formerly part of Section R156-22-302d, is a formatting change that separately itemizes the exam requirements for a professional land surveyor. Additional formatting changes to this section include the removal of language regarding licensure by endorsement; this language has been moved to the sections corresponding to each profession. The proposed substantive change to this section codifies the existing process an applicant for licensure as a professional land surveyor must follow to be permitted to sit for the required exams; in particular, the language clarifies that the applicant is to register directly with NCEES. In Section R156-22-304, the proposed substantive amendment to this section clarifies that a 50-minute block of professional education constitutes a qualified continuing professional education "hour". In Section R156-22-305, the proposed amendments make a small formatting change for better comprehension. In Section R156-22-502, the proposed amendments incorporate by reference the "Rules of Professional Conduct", as published in the NCEES Model Rules, revised August 2016, and then delete duplicate language that is no longer required. The net effect of these amendments is to conform Utah's standards of professional conduct to nationwide industry standards, including incorporation of the following three standards of professional conduct found in the NCEES Model Rules that were not previously contained within this section: 1) Licensee’s Obligation to the Public; 2) Licensee’s Obligation to Employer and Clients; and 3) Licensee’s Obligation to Other Licensees. In Section R156-22-503, the proposed amendments incorporate fines as a result of S.B. 184 (2017) and discussions of the Professional Engineer and Professional Land Surveyor Licensing Board. Specifically, these amendments increase the fines for violation of Subsection 58-1-501(1)(a) (practicing without a license) from $800 to $1,000 for a first offense and from $1,600 to $2,000 for a second offense. Additionally, the fines for violations of Subsections 58-22-501(3), 58-22-501(4), and 58-22-501(5) are all increased from $800 for a first offense to $1,000 and from $1,600 to $2,000 for a second offense. These proposed amendments also add fines for certain unprofessional conduct violations under Sections 58-1-501, 58-22-501, and 58-22-502.5. No change is made to fines for third or ongoing offenses. In Section R156-22-601, the proposed amendments make a small formatting change for better comprehension. 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. Also the impacts of enforcing the new statute were previously included within the fiscal note. - LOCAL GOVERNMENTS: The primary costs of this rule are as a result of S.B. 184 (2017). The primary cost savings are a result of discussion by the Professional Engineer and Professional Licensing Board. The proposed changes to the experience verification requirements of Section R156-22-302d may result in a small cost savings to local governments that hire professional engineers, professional structural engineers, or professional land surveyors. Representatives from these professions and Division staff have estimated that this simplification of the licensure application process could shorten the time period for an individual to obtain a license by as much as seven days, potentially allowing a licensed professional to earn an additional $1,496 in wages that would otherwise be sacrificed; correspondingly, this could allow a local government to more quickly hire a licensed professional. However, the exact amount of time savings and resultant cost savings is impossible to measure because it will vary significantly from individual to individual, as well as from local government to local government. The proposed changes to Sections R156-22-302h, R156-22-302i, and R156-22-302j describing the required exam registration process will have no fiscal impact on local government because this is only a codification of existing practice. The proposed substantive change to Section R156-22-304 will have no fiscal impact on local government because it merely clarifies that a 50-minute block of professional education constitutes a qualified continuing professional education "hour". As more fully described in its analysis for small businesses below, the Division has determined that the total cost to licensees from the proposed fine changes to Sections R156-22-502 and R156-22-503 will never impact the overwhelming majority of licensees working for local government. Therefore, after conducting a thorough analysis, the Division has determined that the scope of these proposed amendments is so narrow that it will not result in a measurable direct or indirect impact on local government. All of the other proposed amendments should have no fiscal impact on local government as they are only nonsubstantive formatting changes, or they only add clarification to practices that should already be taking place in the industry. - SMALL BUSINESSES: The primary costs of this rule are as a result of S.B. 184 (2017). The primary cost savings are a result of discussion by the Professional Engineer and Professional Licensing Board. The proposed changes to the experience verification requirements of Section R156-22-302d may result in some cost savings to small business. Representatives from the professions and Division staff have estimated that this simplification of the licensure application process could shorten the time period for an individual to obtain a license by as much as seven days, allowing a licensed professional to potentially earn an additional $1,496 in wages that would otherwise be lost; correspondingly, this could allow the individual licensee to begin working sooner to generate revenue for a small business. However, the exact amount of time savings and resultant cost savings is impossible to measure because it will vary significantly from individual to individual, as well as from business to business. The proposed changes to Sections R156-22- 302h, R156-22-302i, and R156-22-302j describing the required exam registration process will have no fiscal impact on small business because this is only a codification of existing practice. As explained above, the proposed substantive change to Section R156-22-304 will have no fiscal impact on small business because it merely clarifies that a 50-minute block of professional education constitutes a qualified continuing professional education "hour" in lieu of the previously required 60-minute block hour. Although this change will not affect the cost of approximately $15 to $30 per hour for qualified continuing professional education, engineers and land surveyors, as a result of the 10-minute reduction, could experience a combined time savings per year of 25,480 hours for all licensees. The proposed substantive changes to Sections R156-22-502 and R156-22-503 incorporate by reference the NCEES Model Rules of Professional Conduct, and include fines for unprofessional conduct. After conducting a thorough analysis, the Division has determined that the scope of these proposed amendments is so narrow that they will not affect the vast majority of small businesses in Utah and will not result in a measurable fiscal impact to small business. To begin, many small businesses in Utah have individual owners and/or employees licensed under Chapter 22 as professional engineers, professional structural engineers, or professional land surveyors. There are 927 small businesses under NAICS 541330 (Engineering Services), 14 small businesses under NAICS 541360 (Geophysical Surveying and Mapping Services), and 61 small businesses under NAICS 541370 (Other Surveying and Mapping - except Geophysical-Services). Therefore, even though no businesses or entities are licensed under Chapter 22, there are approximately 1,002 small businesses in Utah who could be secondarily affected if any of their licensed owners and/or employees become subject to these new fines. Stated differently, a small business whose employee is fined for misconduct under Chapter 22 could be affected if the business agrees to pay that fine, while a small business whose owner is fined for misconduct ultimately might end up paying the fine indirectly on behalf of the owner. Nevertheless, even given these numbers, any potential secondary impact on small business resulting from these new fines will be negligible. First, input obtained from a number of small businesses in these professions shows that, with respect to licensed employees who are not also owners, fines assessed against the licensee will almost certainly remain due and payable solely by the licensee. The consensus is that businesses in this industry refuse to pay their employees' individual fines and will continue to refuse to do so. Second, with respect to fines assessed against individual business owners, a 16-year analysis conducted by the Division reviewing the disciplinary history of all Chapter 22 professions, shows that even though these professions have a large number of licensees, only eight licensees on average are likely to be fined each year. Currently, 7,470 individuals hold a Utah professional engineer license, 2,031 individuals hold a Utah professional structural engineer license, and 691 individuals hold a Utah professional land surveyor license. In turn, over the last 16 years the Division has issued a yearly average of 8.25 "letters of concern" to licensees in response to conduct which would now be subject to potential fines under these rules. As evidenced by a 16-year Disciplinary History Review performed by the Division, only 0.0007% (zero.seven ten thousandths percent) of Chapter 22 licensees are likely to be impacted by these amendments. Further, the individual impact of a fine on any one licensee will itself be relatively low. It is anticipated that the average fine, for a first time offense, will incur a cost of $800. In comparison, these professions in the Upper Mountain region (Idaho, Montana, Utah, and Wyoming) earn a median annual salary of $81,220 for a professional engineer, $82,398 for a professional structural engineer, and $60,880 for a professional land surveyor. Furthermore, based on the Division's historical review, a licensee who is sanctioned for misconduct is extremely unlikely to be fined again in succeeding years. Significantly, the Division's impact analysis is supported by that of the fiscal note attached to S.B. 184 (2017). The fiscal note estimated that after these amendments, approximately eight licensees a year would receive an $800 citation, for total costs of $6,400 annually. See https://le.utah.gov/~2017/bills/static/SB0184.html for Fiscal Note S.B. 184 1st Sub. (Green). Finally, and perhaps most importantly, the impact of an estimated $800 fine, that will potentially apply to 8 out of 10,192 licensees per year, cannot and should not be scaled to all 1,002 small businesses with licensees in these Chapter 22 professions. The nature of the misconduct proposed to be codified in the amended rule is such that the impact of the corresponding fines will never be uniformly felt across the industry. These fines will never impact the overwhelming majority of small businesses whose owners and employees meet the normal standards of their profession and will never be assessed a fine. In short, after conducting a thorough analysis, the Division has determined that scope of these proposed amendments is so narrow that it will not affect the vast majority of small business, and will not result in a measurable fiscal impact to small business. All of the other proposed amendments should have no fiscal impact on small business because they are only nonsubstantive formatting changes, or because they only add clarification to practices that should already be taking place in the industry. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The primary costs of this rule are as a result of S.B. 184 (2017). The primary cost savings are a result of discussion by the Professional Engineer and Professional Licensing Board. The proposed substantive change to the language of renumbered Section R156-22-302d removes the requirement that an applicant is to provide, in addition to a supervisor's verification, another verification from a person who has personal knowledge of the applicant. Representatives from the professions and Division staff have estimated that it takes each applicant seeking licensure under this chapter (as a professional engineer, professional structural engineer, or professional land surveyor) an average of approximately five to six hours to find and contact someone for a reference, review that reference, and then submit it to the Division; however, there can also be a time lapse of days if not weeks for an applicant to actually receive his or her requested reference back. Therefore, it is estimated that this simplification of the licensure application process could shorten the time period for an individual to obtain a license by as much as seven days. Accordingly, this change will result in some savings to all applicants seeking licensure under this chapter because they will no longer be required to expend the time and effort required to provide this additional verification. Notably, the Professional Engineers and Professional Land Surveyors Licensing Board has deemed this extra verification requirement unnecessary and onerous and of no real use in screening candidates for licensure. Further, the time savings to an applicant in obtaining his or her license will allow the individual to begin working that much sooner, with a corresponding increase in job opportunities and income. It is estimated that a licensed professional will potentially earn an additional $1,496 in wages that would otherwise be lost. The exact amount of time savings and resulting cost savings is impossible to measure because it will vary significantly from individual to individual. The proposed changes to Sections R156-22-302h, R156-22-302i, and R156-22-302j describing the required exam registration process will have no fiscal impact on other persons because this is only a codification of existing practice. As previously described, the proposed substantive change to Section R156-22- 304 will have no fiscal impact on other persons because it merely clarifies that a 50-minute block of professional education constitutes a qualified continuing professional education "hour". As described above, the proposed substantive changes to Sections R156-22-502 and R156-22-503, which incorporate by reference the NCEES Model Rules of Professional Conduct and include fines for certain unlawful conduct or unprofessional conduct, will likely impact approximately eight individual licensees per year. The Division has estimated that these 8 licensees will each receive a fine of approximately $800, for total licensee costs of $6,400 per year. In addition to individual licensees, there are approximately 31 medium or large businesses in Utah whose licensed individual owners and/or employees could be potentially subject to these fines, 30 such businesses under NAICS 541330 (Engineering Services), and 1 such business under NAICS 541360 (Geophysical Surveying and Mapping Services). As described in its analysis for small businesses, the Division has determined that the total cost to licensees and to medium or large businesses from these proposed amendments will never impact the overwhelming majority of licensees who meet the normal standards of their profession and will never be assessed a fine. Therefore, after conducting a thorough analysis, the Division has determined that the scope of these proposed amendments is so narrow that it will not result in a measurable direct or indirect impact on these other persons. Finally, all of the other proposed amendments should have no fiscal impact on other persons because they are only nonsubstantive formatting changes, or because they add clarification to practices that should already be taking place in the industry. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed substantive changes to Sections R156-22-502 and R156-22-503, which incorporate by reference the NCEES Model Rules of Professional Conduct and add fines for certain unlawful conduct or unprofessional conduct, will impact an individual licensee whose conduct is unprofessional or unlawful conduct under Title 58 or any rule adopted thereunder. Again, it is estimated that a licensee whose conduct is found to be unprofessional could potentially receive an average $800 fine. The Division estimates that the other proposed amendments will not impose any compliance costs on persons affected by this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Extensive nonsubstantive formatting changes have been made throughout almost all sections of this rule to eliminate surplus language, and to reorganize and renumber the rule for clarity. The nonsubstantive amendments will have no fiscal impact on small business. Substantive amendments to Section R156-22-302d remove the requirement that each applicant for licensure is to provide, in addition to a supervisor's verification, another verification from a person who has personal knowledge of the applicant's knowledge, ability and competence to practice. This amendment will result in a cost savings to all applicants in the time savings resulting from not having to secure such alternate verification. The substantive changes to Sections R156-22-302h, R156-22-302i, and R156-22-302j clarify that an applicant for licensure is to register directly with NCEES. As this is the present practice, no fiscal impact to small business is contemplated by reason of these amendments. The substantive amendment to Section R156-22-304 defines a continuing professional education "hour" as 50 minutes of instruction. This amendment would result in a savings of time for all licensees pursuing continuing professional education. The amendments to Section R156-22-502 incorporate by reference the Rules of Professional Conduct as published by the NCEES Model Rules in this section which defines "unprofessional conduct" and deletes language that would now be duplicative. The net effect of these amendments is to conform Utah's standards of professional conduct to nationwide industry standards. These amendments will have no fiscal impact on small business. The substantive amendments to Section R156-22-503 make small increases in the fine schedule for certain first-time and second-time offenses. At present, these fine changes would affect an average of only eight licensees a year and would have no effect on compliant licensees. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/19/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41843.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 41842 (Amendment): R512-205. Child Protective Services, Investigation of Domestic Violence Related Child Abuse. SUMMARY OF THE RULE OR CHANGE: This rule is being revised in accordance with H.B. 17 (2017) by adding language to the definition of serious physical abuse. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increase in cost or savings to the state budget because these proposed changes do not increase workload that would require additional staff or other costs. - LOCAL GOVERNMENTS: Local governments have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for persons other than small businesses, businesses, or local government entities because funding requests for services offered by Child and Family Services come out of already- existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing the changes to this rule because these changes are not fiscal in nature. 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 revision will not result in a fiscal impact to businesses because the revisions to this rule are to definitions only. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 08/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41842.htm INSURANCE ADMINISTRATION No. 41867 (New Rule): R590-274. Submission and Required Disclosures of Public Adjuster Contracts. SUMMARY OF THE RULE OR CHANGE: This rule supports Title 31A, Chapter 26, Part 4, which requires public adjusters to file the contracts that they use when entering into an agreement with a consumer. The rule outlines in detail the disclosures that must be made to ensure that the consumer understands their rights and what a public adjuster can and cannot do in regards to the public adjuster's conduct, and compensation. It also provides guidance to augment the new requirements a public adjuster must follow to prevent conflicts or potential conflicts of interest. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are currently 44 Utah public adjusters. It is anticipated that those entities will file 1 to 2 contracts each, or approximately 300 contracts. It is further anticipated that it will take a rate and form analyst approximately 10 minutes to review each contract. The hourly rate, including benefits, for a rate and form analyst is approximately $30/hour ($0.50/minute). Therefore, it is anticipated the fiscal impact for the form review/filing requirement will be $300 (60 forms x 10 minutes each at $0.50/minute). As for the impact of need to do rules and provide guidance, the Department estimates it will take a total of approximately 50 hours of the time of the deputy commissioner, director of P&C, rate and form analyst, and PIO at a blended rate of $43.46/hour, including benefits, for a total impact of $2,174. - LOCAL GOVERNMENTS: There will be no impact on local government because this rule governs the relationship between public adjusters and the department. - SMALL BUSINESSES: There may be an impact on 44 Utah public adjusters that will need to comply with the requirements and retain records. The cost of creating the contract could range from $0 if the adjuster creates it, up to several hundred dollars if they hire counsel. The department cannot know the cost of hiring counsel because it would depend on the individual counselor selected and the rate they agree upon with the adjuster. The Department is ameliorating any negative impact by allowing adjusters to file electronically with the department at no cost. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This bill affects only the 44 Utah public adjusters. There will be no cost or savings to any other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost to the 44 Utah public adjusters to file contracts with the department. There could be printing and drafting costs; however, those costs are most likely already incurred in the normal course of business. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be an impact on 44 Utah public adjusters that will need to comply with the requirements and retain records. The cost of creating the contract could range from $0 if the adjuster creates it, up to several hundred dollars if they hire counsel. The department cannot know the cost of hiring counsel because it would depend on the individual counselor selected and the rate they agree upon with the adjuster. A contract will only need to be created once, so there will be no ongoing annual cost. The Department is ameliorating any negative impact by allowing adjusters to file electronically with the department at no cost. The filing cost for one year is $0. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/03/2017 10:00 AM, Utah Insurance Department, 450 N. State St., Rm. 3112, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41867.htm MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 41866 (Amendment): R628-4. Bonding of Public Treasurers. SUMMARY OF THE RULE OR CHANGE: The rule has been changed to give public treasurers the ability to procure either a surety bond or crime insurance through either a Utah-licensed insurer or with an inter-local agency created under Section 11-13-101. The crime insurance must be purchased through an insurer that is licensed in the State of Utah and has the same rating as a surety provider, "A" or better by AM Best Rating Agency. The inter-local public mutual must maintain a restricted account in the PTIF equal to 50% of the per occurrence limit of coverage. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: If a state entity that participates in risk management opts to drop their surety bond and rely on crime insurance coverage provided through risk management, there could be the savings of the cost of the surety. That savings would vary by the size of each entity. - LOCAL GOVERNMENTS: Public treasurers may now procure crime insurance in place of a surety bond. There could be savings to the treasurer in that they do not have to purchase the additional surety as some public treasurers may already have crime insurance in place. Any savings would vary by entity as the amount is based on the budgeted gross revenue of each entity. - SMALL BUSINESSES: There would be no additional cost or savings to a small business because this rule change simply gives public treasurers the ability to procure a surety bond or crime insurance, which will only affect the state and local governments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There would be no additional cost or savings to a small business because this rule change simply gives public treasurers the ability to procure a surety bond or crime insurance, which will only affect the state and local governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: Public treasurers are already procuring a surety bond, so there are no additional costs to comply with the changes to this rule. 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 to business as the change provides more options to public treasurers when procuring either a surety bond or crime insurance. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov - Marina Scott by phone at 801-535-6565, or by Internet E-mail at marina.scott@slcgov.com THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41866.htm No. 41862 (Amendment): R628-15. Certification as an Investment Adviser. SUMMARY OF THE RULE OR CHANGE: This change places a definition of approved brokers and dealers in the rule in Section R628-15-4. It adds a new Section R628-15-7 that provides a minimum criteria for brokers on the certified adviser's approved list of qualifying under SEC Rule 15C3-1 and renumbers the sections following. In Section R628-15-10, language is changed to allow certified advisers to use their approved list of dealers in the best interest of the public treasurer, and clarifies the use of soft dollar credits if applicable. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This change does not affect any government entity, so no budget items are changed. - LOCAL GOVERNMENTS: This change does not affect local government entities, so there is no effect on the public treasurer. - SMALL BUSINESSES: The change allows certified investment advisers to use a potentially broader field of brokers, potentially making it easier for them to trade and receive better prices. Some of the Certified Advisers on the list employ fewer than 50 persons. In inquiring, these businesses have been unable to quantify for the Council any savings that may occur. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The change allows certified investment advisers to use a broader field of brokers, potentially making it easier for them to trade and receive better prices. Some of the Certified Advisers on the list employ more than 50 persons. In inquiring, these businesses have been unable to quantify for the Council any savings that may occur. COMPLIANCE COSTS FOR AFFECTED PERSONS: The change allows certified investment advisers to use a broader field of brokers, potentially making it easier for them to trade and receive better prices. Some of the Certified Advisers on the list are larger than 50 persons. In inquiring, these businesses have been unable to quantify for the Council any savings that may occur. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After meeting with several certified investment advisers to receive their input on the change, it was determined by the Council that this proposed rule change will not have any fiscal impact on businesses. Providing investment advisers with a broader access to dealers/brokers might benefit local governments by creating a more competitive pricing, thus ensuring best execution. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov - Marina Scott by phone at 801-535-6565, or by Internet E-mail at marina.scott@slcgov.com THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41862.htm NATURAL RESOURCES OIL, GAS AND MINING; OIL AND GAS No. 41868 (Amendment): R649-2-9. Refusal to Agree. SUMMARY OF THE RULE OR CHANGE: This rule amendment specifies the manner in which an owner must consent to the drilling and operation of a well and agree to bear that owner's proportionate share of the costs of the drilling, testing, completion and equipping of that well, as well as the timeframe within which such consent must be given. Specifying these details in rule is contemplated by the recently amended Subsections 40-6-2(4) and 40-6-2(11). Under the submitted rule amendment, consent must be given in writing within thirty days of written notice being received. As noted above, the language proposed in this filing is intended to govern only for a few months during the pendency of the Board's ongoing proceedings concerning a final amendment to this same rule. The final amendment will be made in late 2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The rule specifies the manner in which owners must consent to the drilling and operation of wells. There are no anticipated changes in costs or savings to the Division or Board under this rule. This rule is also not expected to have any budgetary impacts on other state agencies or have any other direct or indirect costs to the state. - LOCAL GOVERNMENTS: This rule is not expected to create any costs or savings for counties, cities, towns, school districts, special districts, or any other form of local government. The rule only clarifies existing regulations in certain respects which do not implicate costs and will therefore have no effect on anticipated costs or savings. - SMALL BUSINESSES: Small businesses are not expected to be impacted by this rule. This rule only clarifies existing regulations in certain respects which do not implicate costs and will therefore have no effect on anticipated costs or savings for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities are not expected to be impacted by this rule because the rule only clarifies existing provisions of the current statutory and regulatory scheme concerning compulsory pooling. COMPLIANCE COSTS FOR AFFECTED PERSONS: Mineral interest owners and operators would not experience any increase in compliance costs under this rule. These types of parties could potentially experience a reduction in their attorney and legal fees relating to costs of appearing before the Board of Oil Gas and Mining. The Division and Board do not have access to industry expenditures for Board hearings, so a specific costs savings could not be reasonably estimated. 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 to business as it only clarifies existing provisions of the current statutory and regulatory scheme concerning compulsory pooling. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Johnson by phone at 801-538-7484, or by Internet E-mail at mikejohnson@agutah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/23/2017 10:00 AM, Natural Resources, 1594 W North Temple, Room 1040, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41868.htm WILDLIFE RESOURCES No. 41853 (Amendment): R657-20. Falconry. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) modify the definition of "Hybrid" to conform with federal rule; 2) add Eurasian Collared Dove to the definition of "Trial"; 3) align the definition of "Upland Game" with the Upland Game rule; 4) modify the definition of "Wild" to distinguish between wild, imprinted, and captive bred birds; 5) add Eurasian Collared Dove to the list requiring a Certificate of Registration (COR); 6) modify the processing time for Certificate of Registrations to 30 business days; 7) clarify language to state a COR is required for each raptor; 8) add language to address issues raised by changing status due to taxonomy or conservation status granting falconers a 6-month grace period to allow for COR applications under the new status; 9) add language to address re-inspection of facilities; 10) clarify the line of decision authority; 11) incorporate table of authorized falconry raptors and updated geographic restrictions; 12) add language to allow General Class Falconers to legally possess a number of exotic eagle species; 13) clarify language outlining the required experience for a Master Class Falconer; and 14) make technical corrections and text simplification through out the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments clarify the rules that regulate the possession and use of raptors for falconry. Therefore, DWR determines that these amendments will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since the amendments clarify the rules that regulate the possession and use of raptors for falconry, this filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These amendments clarify the rules that regulate the possession and use of raptors for falconry. Therefore, this rule does not impose any additional financial requirements on small businesses nor generate a cost or saving impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments clarify the rules that regulate the possession and use of raptors for falconry. Therefore, this rule does not impose any additional financial requirements on persons nor generate a cost or saving impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments are for clarification. Thus the DWR determined that there were no additional compliance costs associated with this amendment. 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 to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41853.htm PUBLIC SAFETY HIGHWAY PATROL No. 41863 (Repeal): R714-220. Standards for Protective Headgear. SUMMARY OF THE RULE OR CHANGE: This rule is being repealed because the requirements regarding the use of protective headgear and the adoption of standards set forth in 49 CFR 571.218 and 49 CFR Part 1203 are included in Section 41-6a-1505. Due to the fact that the information contained in the rule is now included in the Utah Code, the rule is no longer needed. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is not an anticipated cost or savings to the state budget because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1505. As a result, the rule is no longer needed. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to the local government because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1505. As a result, the rule is no longer needed. - SMALL BUSINESSES: There is not an anticipated cost or savings to small businesses because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1505. As a result, the rule is no longer needed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not an anticipated cost or savings to the persons other than small businesses, businesses, or local government entities because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1505. As a result, the rule is no longer needed. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is not an anticipated compliance cost for affected persons because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41- 6a-1505. As a result, the rule is no longer needed. 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 to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41863.htm No. 41865 (Repeal): R714-230. Standards and Specifications for Vehicle Seat Belts and Safety Harnesses. SUMMARY OF THE RULE OR CHANGE: This rule is being repealed because the adoption of standards set forth in 49 CFR 571.209 with regards to seat belt and safety harness standards has been included in Subsection 41-6a- 1601(2)(c)(i); therefore, the rule is no longer needed. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is not an anticipated cost or savings to the state budget because the rule is being repealed due to the fact that the standards for safety belts and harnesses are now referenced in Subsection 41-6a- 1601(2)(c)(i). Because the standards have been included in the Utah Code, the rule is no longer needed. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to local government because the rule is being repealed due to the fact that the standards for safety belts and harnesses are now referenced in Subsection 41- 6a-1601(2)(c)(i). Because the standards have been included in the Utah Code, the rule is no longer needed. - SMALL BUSINESSES: There is not an anticipated cost or savings to small businesses because the rule is being repealed due to the fact that the standards for safety belts and harnesses are now referenced in Subsection 41- 6a-1601(2)(c)(i). Because the standards have been included in the Utah Code, the rule is no longer needed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not an anticipated cost or savings to persons other than small businesses, businesses or local government entities because the rule is being repealed due to the fact that the standards for safety belts and harnesses are now referenced in Subsection 41-6a-1601(2)(c)(i). Because the standards have been included in the Utah Code, the rule is no longer needed. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is not an anticipated compliance cost for affected persons because the rule is being repealed due to the fact that the standards for safety belts and harnesses are now referenced in Subsection 41-6a-1601(2)(c)(i). Because the standards have been included in the Utah Code, the rule is no longer needed. 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 to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41865.htm No. 41864 (Repeal): R714-240. Standards and Specifications for Child Restraint Devices and Safety Belts. SUMMARY OF THE RULE OR CHANGE: This rule is being repealed because the requirements regarding the use of safety belts and child restraint devices are included in Section 41-6a-1803, and adoption of standards set forth in 49 CFR 571.213 is included in Subsection 41-6a-1601(2)(c)(ii). Due to the fact that the information contained in the rule is now included in the Utah Code, the rule is no longer needed. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is not an anticipated cost or savings to the state budget because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1803 and Subsection 41-6a- 1601(2)(c)(ii). As a result, the rule is no longer needed. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to local government because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1803 and Subsection 41-6a-1601(2)(c)(ii). As a result, the rule is no longer needed. - SMALL BUSINESSES: There is not an anticipated cost or savings to small businesses because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1803 and Subsection 41-6a-1601(2)(c)(ii). As a result, the rule is no longer needed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41-6a-1803 and Subsection 41-6a-1601(2)(c)(ii). As a result, the rule is no longer needed. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is not an anticipated compliance cost for affected persons because the rule is being repealed due to the fact that the provisions of the rule are now included in Section 41- 6a-1803 and Subsection 41-6a-1601(2)(c)(ii). As a result, the rule is no longer needed. 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 have 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 08/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41864.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 41884 (Amendment): R926-11. Clean Fuel Vehicle Decal Program. SUMMARY OF THE RULE OR CHANGE: This amendment makes technical changes and corrects legal citations included in the rule, adds text that defines and regulates placement of newly devised C Stickers that are to be used as part of the Clean Fuel Vehicle Decal Program, and changes the way the waiting list for applications submitted to participate in the program operates. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment may result in savings to the state's annual budget because it makes the Clean Fuel Vehicle Decal Program more efficient. However, quantifying the aggregate savings to the state's budgets is not possible at present and may be negligible. - LOCAL GOVERNMENTS: This amendment will not result in an increase in aggregate costs or savings to local governments because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department of Transportation does not charge a fee to apply. - SMALL BUSINESSES: This amendment will not result in an increase in aggregate costs or savings to small businesses because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department does not charge a fee to apply. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment will not result in an increase in aggregate costs or savings to persons other than small businesses, businesses, or local government entities because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department does not charge a fee to apply. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment will not result in an increase in aggregate costs or savings to affected persons because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department does not charge a fee to apply. 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 to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2017 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: 08/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41884.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. AGRICULTURE AND FOOD MARKETING AND DEVELOPMENT No. 41860 (5-year Review): R65-5. Utah Red Tart and Sour Cherry Marketing Order. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The market order is at the request of the producers. Industry can call a referendum vote once a year with 10% of the industry making the request. No such referendum has been requested by industry. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@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 - Wayne Bradshaw by phone at 801-538-7108, or by Internet E-mail at waynebradshaw@utah.gov EFFECTIVE: 06/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41860.htm No. 41859 (5-year Review): R65-11. Utah Sheep Marketing Order. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The market order is established at the request of the producers to provided marketing for their product. Industry can call a referendum vote once a year with 40% of the industry making the request, at which point the marketing order can be discontinued. No such referendum has been requested and industry would like for the order to continue. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@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 - Wayne Bradshaw by phone at 801-538-7108, or by Internet E-mail at waynebradshaw@utah.gov EFFECTIVE: 06/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41859.htm REGULATORY SERVICES No. 41861 (5-year Review): R70-520. Standard of Identity and Labeling Requirements for Honey. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to ensure that the consumer knows what they are purchasing. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 06/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41861.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41855 (5-year Review): R414-15. Residents Personal Needs Fund. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it requires long-term care facilities to manage and safeguard a resident's personal funds. 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: 06/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41855.htm HUMAN SERVICES AGING AND ADULT SERVICES No. 41870 (5-year Review): R510-1. Authority and Purpose. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to authorize the Division's continued operation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41870.htm No. 41871 (5-year Review): R510-100. Funding Formulas. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule allows the Division to distribute funds to partner agencies based on fair and updated factors that were agreed to by all parties. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41871.htm No. 41872 (5-year Review): R510-101. Carryover Policy for Title III: Grants for State and Community Programs on Aging. 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 specifies the policy and process for Area Agencies on Aging to retain funding that would otherwise lapse at the end of the state fiscal year. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41872.htm No. 41873 (5-year Review): R510-102. Amendments to Area Plan and Management Plan. 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 allows for the amendment of area plans and specifies the approval process for amendments. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41873.htm No. 41874 (5-year Review): R510-103. Use of Senior Centers by Long-Term Care Facility Residents Participating in Activities Outside Their Planning and Service Area. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Older Americans Act allows for younger individuals in certain situations to participate in aging services programs but allows states to decide how to handle these situations. This rule provides Utah's approach to these individuals. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41874.htm No. 41869 (5-year Review): R510-104. Nutrition Programs for the Elderly (NPE). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As stated above, the state is required to create and maintain a nutrition program for the elderly in order to be considered a State Unit on Aging by the federal government and to continue receiving federal funding. The rule is necessary to administer the required nutrition program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41869.htm No. 41875 (5-year Review): R510-106. Minimum Percentages of Older Americans Act, Title III Part B: State and Supportive Services Funds. 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 lays out the waiver process altering for required services and funding levels required of the Area Agencies on Aging. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41875.htm No. 41876 (5-year Review): R510-107. Title V Senior Community Service Employment Program Standards and Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Because this program is not part of the standard Older Americans Act programs and is overseen by the federal Department of Labor, this labor provides the statutory support for the Division of Aging and Adult Services to administer it. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41876.htm No. 41877 (5-year Review): R510-108. Definition of Rural for Title III: Grants for State and Community Programs on Aging Reporting Under the Older American Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule clarifies which counties meet the definition of 'rural' as required by the Older Americans Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41877.htm No. 41878 (5-year Review): R510-109. Definition of Significant Population of Older Native Americans. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule clarifies the population density that qualifies as area as having a significant population of Native American elders as required by the Older Americans Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41878.htm No. 41879 (5-year Review): R510-110. Policy Regarding Contractual Involvements of Area Agencies on Aging for Private Eldercare and Case Management Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Older Americans Act specifies that services should be performed by providers in the community unless providers are not available or not cost effective. This rule clarifies that policy and provides standards for providers. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41879.htm No. 41880 (5-year Review): R510-111. Policy on Use of State Funding for Travel Expenses to Assist the National Senior Service Corps (NSSC). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: State funds are provided to the Division of Aging and Adult Services to assist in reimbursing travel costs of volunteers working with seniors. This rule provides specifics on what are appropriate reimbursable costs. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41880.htm No. 41881 (5-year Review): R510-200. Long-Term Care Ombudsman Program Policy. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Long-Term Care Ombudsman program is ongoing and requires that the rule continue. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41881.htm No. 41883 (5-year Review): R510-302. Adult Protective Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The program is still actively administered by the Division. There is a need to define these services and to establish procedures by which this program will operate. Therefore, this rule should be continued. 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 EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41883.htm No. 41882 (5-year Review): R510-400. Home and Community Based Alternatives Program. 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 provides program standards and policy for the ongoing operation of this program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 06/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41882.htm PUBLIC SAFETY HIGHWAY PATROL No. 41835 (5-year Review): R714-110. Permit to Operate a Motor Vehicle in Violation of Equipment Laws. 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 needed so that vehicles that need repairs may still be operated while parts are being ordered or found. The rule is also needed for tinted window waivers for medical and security requests. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 06/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41835.htm No. 41836 (5-year Review): R714-158. Vehicle Safety Inspection Program Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 53-8-204(5) states that the division shall make rules setting minimum standards covering the design, construction, condition, and operation of motor vehicle equipment for safely operating a motor vehicle on the highway; establishing safety inspection station building, equipment, and personnel requirements necessary to qualify to perform safety inspections; and establishing age, training, examination, and renewal requirements to qualify for a safety inspector certificate. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 06/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41836.htm No. 41837 (5-year Review): R714-159. Vehicle Safety Inspection Apprenticeship Program Guidelines. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 53-8-204(5)(e) requires the division to make rules establishing program guidelines for a school district that elects to implement a safety inspection apprenticeship program for high school students. This program is not used but is required by statute and is available to any high schools interested. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 06/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41837.htm No. 41838 (5-year Review): R714-200. Standards for Vehicle Lights and Illuminating Devices. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 41-6a-1601(2)(c)(iv) states that 49 CFR 571 Standard 108 related to lights and illuminating devices is adopted. Section 41-6a-1620 states that the department shall approve or disapprove any lighting device or other safety equipment, component or assembly of a type for which approval is specifically required under this part. It states that the department shall consider the part for approval within a reasonable time after approval has been requested. It also states that the department shall establish a procedure for the submission, review, approval, disapproval, issuance of an approval certificate, and the expiration or renewal of approval for any part mentioned above. Subsection 53-1-106(1)(a) states that the department shall make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code. This rule helps keep vehicles safe and help reduce distractions from improper lighting on vehicles. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 06/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41838.htm No. 41839 (5-year Review): R714-210. Standards for Motor Vehicle Air Conditioning Equipment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 41-6a-1601(2)(c)(v) states the department shall make rules setting minimum standards covering the design, construction, condition, and operation of vehicle equipment for safely operating a motor vehicle on the highway as required under this part and that 40 CFR 82.30 through 82.42 and Part 82, Subpart B, Appendix A and B related to air conditioning equipment are adopted. Subsection 53-1-106(1)(a) states that the department shall make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 06/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41839.htm No. 41840 (5-year Review): R714-300. Standards for Motor Vehicle Braking Systems. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 41-6a-1601 states that the department shall make rules setting minimum standards covering the design, construction, condition, and operation of vehicle equipment for safely operating a motor vehicle on the highway as required under this part. Section 41-6a-1623 states that the in addition to the requirements of Subsections 41-6a-1623(1) and (2), if necessary for safe operation, the department may by rule require additional braking systems in accordance with federal standards. Subsection 53-1-106(1)(a) states that the department shall make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 06/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41840.htm No. 41841 (5-year Review): R714-550. Rule for Spending Fees Provided under Section 53-1-117. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The funding source established by the statute is still in place. The established rule is still necessary to make sure the committee that oversees the disbursement of the fund is still in place. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 06/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41841.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 41845 (5-year Review): R850-4. Application Fees and Assessments. 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 allows the agency to establish a list of fees that may be charged in order to recoup some of the costs of doing business. The assessment of these fees is established pursuant to policy set by the Board of Trustees and assists the Trust in fulfilling its fiduciary responsibility in behalf of the various trust beneficiaries. 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: 06/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41845.htm No. 41846 (5-year Review): R850-5. Payments, Royalties, Audits, and Reinstatements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rules sets forth the guidelines and procedures necessary for protecting the assets of the various beneficiaries in the course of leasing and selling trust assets. Guidelines for the audit of leases ensures that the trust assets are being protected and the trust beneficiaries are receiving full value for their lands. This rule is necessary for the day-to-day operations of the Trust. 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: 06/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41846.htm No. 41847 (5-year Review): R850-6. Government Records Access and Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is required by statute in order to establish guidelines for public access to Trust records, as well as the protection of confidential and protected information provided to the Trust in the course of managing the interests of the various Trust beneficiaries. 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: 06/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41847.htm No. 41848 (5-year Review): R850-30. Special Use Leases. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statute requires the Trust to establish rules outlining procedures for the issuance of special use leases on trust lands. The Trust manages a vast amount of surface estate for the benefit of the trust beneficiaries and these guidelines are crucial to the successful management of that estate. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov EFFECTIVE: 06/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41848.htm No. 41849 (5-year Review): R850-40. Easements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Agency manages a vast amount of surface estate for the benefit of the trust beneficiaries. Easements are one of the many uses for the surface estate and statute specifically requires the Trust to provide rules for the issuance of easements and establish price schedules at fair market value. This rule meets the statutory requirement for issuance of easements on trust land. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov EFFECTIVE: 06/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41849.htm No. 41850 (5-year Review): R850-50. Range Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statute requires that guidelines for the grazing of livestock on trust lands be established. Range management provides a resource for local ranchers to utilize in their agricultural operations, as well as an additional source of revenue for the trust beneficiaries. This rule provides the criteria to meet statute requirements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov EFFECTIVE: 06/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41850.htm No. 41851 (5-year Review): R850-60. Cultural Resources. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As required by statute, this rule provides the guidelines whereby the School and Institutional Trust Lands Administration manages the cultural resources located on trust lands, in compliance with Subsection 9-8-305(2) and Section 9-8-204. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov EFFECTIVE: 06/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41851.htm No. 41852 (5-year Review): R850-80. Sale of Trust Lands. 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 procedures and guidelines for determining if and when it is in the best interests of the trust beneficiaries to sell portions of the surface estate. It also sets forth the process for establishing and receiving fair market value for the lands available for sale. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov EFFECTIVE: 06/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41852.htm WORKFORCE SERVICES ADMINISTRATION No. 41856 (5-year Review): R982-402. Energy Assistance Programs Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to define the program standards for the HEAT Program. Therefore, the 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: 06/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41856.htm No. 41857 (5-year Review): R982-403. Energy Assistance Income Standards, Income Eligibility, and Payment Determination. 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 required to define program standards for eligibility and payment determination for the HEAT Program. Therefore, the 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: 06/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41857.htm No. 41858 (5-year Review): R982-404. Energy Assistance: Asset Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to set standards for whether household assets will be counted when determining eligibility for the HEAT Program. Therefore, the 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: 06/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170715/41858.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES PURCHASING AND GENERAL SERVICES No. 41534 (AMD): R33-1.Utah Procurement Rule, General Procurement Provisions Published: 05/15/2017 Effective: 06/21/2017 No. 41535 (AMD): R33-4.Supplemental Procurement Procedures Published: 05/15/2017 Effective: 06/21/2017 No. 41536 (AMD): R33-5.Other Standard Procurement Processes Published: 05/15/2017 Effective: 06/21/2017 No. 41539 (AMD): R33-6.Bidding Published: 05/15/2017 Effective: 06/21/2017 No. 41540 (AMD): R33-7.Request for Proposals Published: 05/15/2017 Effective: 06/21/2017 No. 41544 (AMD): R33-8.Exceptions to Standard Procurement Process Published: 05/15/2017 Effective: 06/21/2017 No. 41545 (AMD): R33-9.Cancellations, Rejections, and Debarment Published: 05/15/2017 Effective: 06/21/2017 No. 41546 (AMD): R33-11.Form of Bonds Published: 05/15/2017 Effective: 06/21/2017 No. 41547 (AMD): R33-12.Terms and Conditions, Contracts, Change Orders and Costs Published: 05/15/2017 Effective: 06/21/2017 No. 41548 (AMD): R33-13.General Construction Provisions Published: 05/15/2017 Effective: 06/21/2017 No. 41549 (AMD): R33-15.Procurement of Design Profession Services Published: 05/15/2017 Effective: 06/21/2017 No. 41550 (AMD): R33-16.Protests Published: 05/15/2017 Effective: 06/21/2017 No. 41551 (AMD): R33-17.Procurement Appeals Board Published: 05/15/2017 Effective: 06/21/2017 No. 41552 (AMD): R33-18.Appeals to Court and Court Proceedings Published: 05/15/2017 Effective: 06/21/2017 No. 41553 (AMD): R33-19-101.Encouraged to Obtain Legal Advice From Legal Counsel Published: 05/15/2017 Effective: 06/21/2017 No. 41554 (AMD): R33-21-201e.Division May Charge Administrative Fees on State Cooperative Contracts - Prohibition Against Other Procurement Units Charging Fees on State Contracts Published: 05/15/2017 Effective: 06/21/2017 No. 41555 (AMD): R33-25.Executive Branch Insurance Procurement Published: 05/15/2017 Effective: 06/21/2017 RECORDS COMMITTEE No. 41478 (AMD): R35-1-2.Procedures for Appeal Hearings Published: 05/01/2017 Effective: 06/22/2017 No. 41479 (AMD): R35-2-2.Declining Requests for Hearings Published: 05/01/2017 Effective: 06/22/2017 COMMERCE SECURITIES No. 41470 (AMD): R164-15-4.Notice Filings for Offerings Made Under Federal Crowdfunding Provisions Published: 05/01/2017 Effective: 06/30/2017 FINANCIAL INSTITUTIONS NONDEPOSITORY LENDERS No. 41480 (NEW): R343-11.Rule Designating Applicable Federal Law for a Mortgage Lender, Broker, or Servicer Subject to the Jurisdiction of the Department of Financial Institutions Published: 05/15/2017 Effective: 06/21/2017 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 41486 (AMD): R392-600.Illegal Drug Operations Decontamination Standards Published: 05/15/2017 Effective: 06/21/2017 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41496 (AMD): R414-1.Utah Medicaid Program Published: 05/15/2017 Effective: 07/01/2017 No. 41563 (AMD): R414-1-6.Services Available Published: 05/15/2017 Effective: 07/01/2017 No. 41498 (AMD): R414-1-28.Cost Sharing Published: 05/15/2017 Effective: 07/01/2017 No. 41566 (AMD): R414-1-30.Face-to-Face Requirements for Home Health Services Published: 05/15/2017 Effective: 07/01/2017 No. 41559 (AMD): R414-2A-7.Limitations Published: 05/15/2017 Effective: 07/01/2017 No. 41497 (AMD): R414-3A-6.Services Published: 05/15/2017 Effective: 07/01/2017 No. 41567 (AMD): R414-10.Physician Services Published: 05/15/2017 Effective: 07/01/2017 No. 41564 (AMD): R414-14.Home Health Services Published: 05/15/2017 Effective: 07/01/2017 No. 41562 (AMD): R414-49.Dental, Oral and Maxillofacial Surgeons and Orthodontia Published: 05/15/2017 Effective: 07/01/2017 No. 41565 (AMD): R414-70.Medical Supplies, Durable Medical Equipment, and Prosthetic Devices Published: 05/15/2017 Effective: 07/01/2017 No. 41560 (AMD): R414-401-3.Assessment Published: 05/15/2017 Effective: 07/01/2017 No. 41561 (NEW): R414-514.Requirements for Moratorium Exception Published: 05/15/2017 Effective: 07/01/2017 HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 41499 (AMD): R477-1.Definitions Published: 05/15/2017 Effective: 07/01/2017 No. 41501 (AMD): R477-2.Administration Published: 05/15/2017 Effective: 07/01/2017 No. 41502 (AMD): R477-4.Filling Positions Published: 05/15/2017 Effective: 07/01/2017 No. 41504 (AMD): R477-5.Employee Status and Probation Published: 05/15/2017 Effective: 07/01/2017 No. 41503 (AMD): R477-6.Compensation Published: 05/15/2017 Effective: 07/01/2017 No. 41505 (AMD): R477-7.Leave Published: 05/15/2017 Effective: 07/01/2017 No. 41506 (AMD): R477-8.Working Conditions Published: 05/15/2017 Effective: 07/01/2017 No. 41507 (AMD): R477-10.Employee Development Published: 05/15/2017 Effective: 07/01/2017 No. 41508 (AMD): R477-11.Discipline Published: 05/15/2017 Effective: 07/01/2017 No. 41509 (AMD): R477-12.Separations Published: 05/15/2017 Effective: 07/01/2017 No. 41510 (AMD): R477-14.Substance Abuse and Drug-Free Workplace Published: 05/15/2017 Effective: 07/01/2017 No. 41511 (AMD): R477-15.Workplace Harassment Prevention Published: 05/15/2017 Effective: 07/01/2017 No. 41512 (AMD): R477-16.Abusive Conduct Prevention Published: 05/15/2017 Effective: 07/01/2017 SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 41558 (NEW): R850-160.Withdrawal of Trust Lands from Public Target Shooting Published: 05/15/2017 Effective: 06/21/2017 TRANSPORTATION PROGRAM DEVELOPMENT No. 41484 (AMD): R926-2.Evaluation of Proposed Additions to or Deletions from the State Highway System Published: 05/15/2017 Effective: 06/30/2017 PRECONSTRUCTION No. 41485 (NEW): R930-9.Detection and Elimination of Unauthorized Discharges into Drainage Systems, Enforcement of Water Laws, Sanctions for Violation, and Permitting Published: 05/15/2017 Effective: 06/30/2017 WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 41520 (NEW): R994-102.Employment Security Act, Public Policy and Authority Published: 05/15/2017 Effective: 06/21/2017 No. 41521 (NEW): R994-106.Combined Wage Claims Published: 05/15/2017 Effective: 06/21/2017 No. 41522 (NEW): R994-303.Contribution Rates Published: 05/15/2017 Effective: 06/21/2017 No. 41523 (NEW): R994-401.Payment of Benefits Published: 05/15/2017 Effective: 06/21/2017 No. 41525 (NEW): R994-402.Extended Benefits (EB) Published: 05/15/2017 Effective: 06/21/2017 14. 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/ . <> ----------------------------