---------------------------- Utah State Digest, Vol. 2017, No. 15 (August 1, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed July 1, 2017, 12:00 AM through July 14, 2017, 11:59 PM Volume 2017, No. 15 August 1, 2017 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/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 Proposed Building Codes and Amendments under the Utah Uniform Building Standards Act - Robyn Barkdull by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/sn159178.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 July 1, 2017, 12:00 a.m., and July 14, 2017, 11:59 p.m. are summarized in this, the August 1, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the August 1, 2017, issue of the Utah State Bulletin until at least August 31, 2017 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through November 29, 2017, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41927 (Amendment): R414-1-5. Incorporations by Reference. SUMMARY OF THE RULE OR CHANGE: The Department incorporates by reference the Utah Medicaid State Plan and any approved State Plan Amendments (SPAs) to 07/01/2017. Accordingly, the Department incorporates by reference the following: SPA 17-0002-UT Covered Outpatient Drug Rule, which addresses requirements for the coverage and reimbursement of covered outpatient drugs as mandated by the Covered Outpatient Drug Rule (CMS-2345-F); SPA 17-0003-UT MAGI-Based Income Methodologies, which clarifies the Department will treat separated spouses as separate households when determining eligibility for the Children's Health Insurance Program (CHIP) and Medicaid program; SPA 17-0004- UT Outpatient Hospital Supplemental Payments, which updates the utilization trend for the outpatient hospital upper payment limit in State Fiscal Year 2018 to -1.1 percent; SPA 17-0005-UT Reimbursement for Home Health Services, which updates the effective date of rates for home health services to 07/01/2017; SPA 17-0006-UT Reimbursement for Physician and Anesthesia Services, which updates the effective date of rates for physician and anesthesia services to 07/01/2017; SPA 17-0007-UT Reimbursement for Optometry Services, which updates the effective date of rates for optometry services to 07/01/2017; SPA 17-0008-UT Reimbursement for Speech Pathology Services, which updates the effective date of rates for speech pathology services to 07/01/2017; SPA 17-0009 Reimbursement for Audiology Services, which updates the effective date of rates for audiology services to 07/01/2017; SPA 17- 0010-UT Reimbursement for Chiropractic Services, which updates the effective date of rates for chiropractic services to 07/01/2017; SPA 17-0011-UT Reimbursement for Eyeglasses Services, which updates the effective date of rates for eyeglasses services to 07/01/2017; SPA 17-0012-UT Reimbursement for Clinic Services, which updates the effective date of rates for clinic services to 07/01/2017; SPA 17-0013-UT Reimbursement for Physical Therapy and Occupational Therapy, which updates the effective date of rates for physical therapy and occupational therapy to 07/01/2017; SPA 17-0014-UT Reimbursement for Rehabilitative Mental Health Services, which updates the effective date of rates for rehabilitative mental health services to 07/01/2017; SPA 17- 0015-UT Reimbursement for Transportation Services, which updates the effective date of rates for transportation services to 07/01/2017; SPA 17- 0016-UT Reimbursement for Dental Services and Dentures, which updates the effective date of rates for dental services and dentures to 07/01/2017; and SPA 17-0018-UT Pediatric Dental Supplemental Payments, which corrects an amount for state funds on the State Plan page. This proposed rule also incorporates by reference the following Medicaid provider manuals to 07/01/2017: Medical Supplies and Durable Medical Equipment Utah Medicaid Provider Manual, and the manual's attachment for Donor Human Milk Request Form; Hospital Services Utah Medicaid Provider Manual with its attachments; Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid; Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual; Hospice Care Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual; Personal Care Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual; Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual; Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual; Utah Home and Community- Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual; Office of Inspector General (OIG) Administrative Hearings Procedures Manual; Pharmacy Services Utah Medicaid Provider Manual with its attachments; Coverage and Reimbursement Code Look-up Tool; CHEC Services Utah Medicaid Provider Manual with its attachments; Chiropractic Medicine Utah Medicaid Provider Manual; Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual; General Attachments (All Providers) for the Utah Medicaid Provider Manual; Indian Health Utah Medicaid Provider Manual; Medical Transportation Utah Medicaid Provider Manual; Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with attachment; Licensed Nurse Practitioner Utah Medicaid Provider Manual; Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables; Physician Services Utah Medicaid Provider Manual with its attachments; Anesthesiology Utah Medicaid Provider Manual; Podiatric Services Utah Medicaid Provider Manual; Primary Care Network Utah Medicaid Provider Manual with its attachments; Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual; Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual; School-Based Skills Development Services Utah Medicaid Provider Manual; Section I; General Information Utah Medicaid Provider Manual; Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual; Vision Care Services Utah Medicaid Provider Manual; Medically Complex Children’s Waiver Utah Medicaid Provider Manual; and Autism Spectrum Disorder Related Services for EPSDT Eligible Individuals Utah Medicaid Provider Manual. This incorporation of the manuals includes the following changes: The Laboratory Services and Women's Services manuals have been archived and the information is now incorporated into the Physician Services manual; Attachments to the Laboratory Services manual, which include the Clinical Laboratory Improvement Amendments and Nucleic Acid Probes have also been archived; information from these attachments may also be found in the Physician Services manual; within the Physician Services manual, certain services no longer require prior authorization and others have been removed from manual review; additionally, information regarding medications has been removed from the Physician services manual and relocated to the Pharmacy Services manual; updates to polysomnography coverage are also included in the Physician Services manual; changes to Pharmacy Services manual attachments include updates to the "Drug Criteria and Limits" and the "Over-the-Counter (OTC) Drug List"; the Personal Care Services manual clarifies policy, updates limitations, updates references to federal statutes, and clarifies the appropriate use of modifiers for submitted claims; it also clarifies employment-related services that include duplicate-same day service, paperwork for self-administered service workers, and inappropriate use of personal assistants; the New Choices Waiver manual has been updated to describe conflict-free case management guidelines, to describe the process of using of a contractor to pay for waiver goods and services, and to instruct providers on the use of the Provider Reimbursement Information System for Medicaid (PRISM); New Choices Waiver forms have also been removed and are available online; the manual also includes other technical changes for clarification purposes; Section I of the provider manual has been updated to include information on coverage for CPT modifiers, and to include a definition and new information on prior authorization; it also defers solely to the Medicaid State Plan on cost-sharing policy; the Hospital Services manual has been changed to update post-surgery policy and to re-define global surgical procedure; the manual also clarifies Medicaid policy on cosmetic or reconstructive procedures, and further clarifies Medicaid policy on medical supplies and durable equipment; the Anesthesiology manual has been updated to remove the definition of chronic pain; The Home Health Services and Medical Supplies and Durable Medical Equipment manuals have been revised to include the face-to-face encounter requirement for all Medicaid members; the Medical Transportation manual has been updated to remove contract-specific information in relation to non-emergency medical transportation (NEMT), it also updates NEMT policy for Medicaid members who receive mental health services; the Rural Health Clinics and Federally Qualified Health Centers (RHC/FQHC) Services manual has been updated to clarify billing practices for mental health services in these facilities; the Rehabilitative Mental Health and Substance Use Disorder Services manual has been updated to clarify definitions of "Indian health care provider" and "supportive living". This manual also updates evaluations for chronic pain management, updates billing information for telemedicine, updates limitations on patient-substitution under Non-Traditional Medicaid, updates limitations on coverage and reimbursement, clarifies fee-for-service claims for neuropsychological testing, clarifies limits for psychological testing, clarifies prior authorization, and removes the manual review requirement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to local governments. - SMALL BUSINESSES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to Medicaid recipients and to Medicaid providers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to a single Medicaid recipient or to a Medicaid provider. 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 08/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41927.htm No. 41916 (Amendment): R414-60-7. Reimbursement. SUMMARY OF THE RULE OR CHANGE: This amendment updates the dispensing fee for pharmacies located outside of the state of Utah, in accordance with the Medicaid State Plan. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only updates by rule the dispensing-fee provision for out-of-state pharmacies, which has been implemented through the Medicaid State Plan. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund pharmacy services under the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because this change only updates by rule the dispensing-fee provision for out-of-state pharmacies, which has been implemented through the Medicaid State Plan. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this change only updates by rule the dispensing-fee provision for out-of-state pharmacies, which has been implemented through the Medicaid State Plan. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to Medicaid member because this change only updates by rule the dispensing-fee provision for out-of-state pharmacies, which has been implemented through the Medicaid State Plan. 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 08/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41916.htm No. 41914 (Amendment): R414-100-4. Cost Sharing Provisions. SUMMARY OF THE RULE OR CHANGE: This amendment removes cost-sharing provisions from the rule to defer implementation of the cost-sharing policy to the Medicaid State Plan. The Department will adopt the new cost-sharing policy in Section R414-1-5 when it incorporates the Medicaid State Plan by reference to 07/01/2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department estimates annual savings to the state budget based on the new cost-sharing policy. The total savings amount can be found in the companion filing to this rulemaking (Section R414-1-28, published in the May 15, 2017, Utah State Bulletin). (EDITOR'S NOTE: The proposed amendment to Section R414-1-28 was published under Filing No. 41498 in the May 15, 2017, issue of the Utah State Bulletin on page 75.) - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor receive cost-sharing amounts from Medicaid members. - SMALL BUSINESSES: There is no impact to small businesses because the cost- sharing increase is offset by a decrease in reimbursement and does not affect total annual revenue. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers because the cost-sharing increase is offset by a decrease in reimbursement and does not affect total annual revenue. Medicaid members, however, may see an annual increase in out-of-pocket expenses with the policy's implementation. The total out-of- pocket cost can be found in the companion filing to this rulemaking (Section R414-1-28, published in the May 15, 2017, Utah State Bulletin). COMPLIANCE COSTS FOR AFFECTED PERSONS: A single Medicaid member may share a portion of the annual increase in out-of-pocket expenses with the policy's implementation. The total out-of-pocket cost can be found in the companion filing to this rulemaking (Section R414-1-28, published in the May 15, 2017, Utah State Bulletin). 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 08/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41914.htm No. 41915 (Amendment): R414-200-4. Cost Sharing. SUMMARY OF THE RULE OR CHANGE: This amendment removes cost-sharing provisions from the rule to defer implementation of the cost-sharing policy to the Medicaid State Plan. The Department will adopt the new cost-sharing policy in Section R414-1-5 when it incorporates the Medicaid State Plan by reference to 07/01/2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department estimates annual savings to the state budget based on the new cost-sharing policy. The total savings amount can be found in the companion filing to this rulemaking (Section R414-1-28, published in the May 15, 2017, Utah State Bulletin). (EDITOR'S NOTE: The proposed amendment to Section R414-1-28 was published under Filing No. 41498 in the May 15, 2017, issue of the Utah State Bulletin on page 75.) - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor receive cost-sharing amounts from Medicaid members. - SMALL BUSINESSES: There is no impact to small businesses because the cost- sharing increase is offset by a decrease in reimbursement and does not affect total annual revenue. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers because the cost-sharing increase is offset by a decrease in reimbursement and does not affect total annual revenue. Medicaid members, however, may see an annual increase in out-of-pocket expenses with the policy's implementation. The total out-of- pocket cost can be found in the companion filing to this rulemaking (Section R414-1-28, published in the May 15, 2017, Utah State Bulletin). COMPLIANCE COSTS FOR AFFECTED PERSONS: A single Medicaid member may share a portion of the annual increase in out-of-pocket expenses with the policy's implementation. The total out-of-pocket cost can be found in the companion filing to this rulemaking (Section R414-1-28, published in the May 15, 2017, Utah State Bulletin). 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 08/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41915.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 41909 (Amendment): R432-600. Abortion Clinic Rule. SUMMARY OF THE RULE OR CHANGE: The rule amendment removes the Emergency Transfer Agreement requirement (Section R432-600-13), which required the facility to have an agreement with a hospital that included admitting privileges. The amendment adds policies and procedures requirements for an emergency treatment transfer plan which does not require the clinic to have hospital admitting privileges. This amendment also corrects many outdated references and corrects errors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the state budget because this amendment simply updates references and simplifies the rule requirements. - LOCAL GOVERNMENTS: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the local government budget because this amendment simply updates references and simplifies the rule requirements. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the small businesses budget because this amendment simply updates references and simplifies the rule requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses, individuals, local governments, and persons that are not small businesses because this amendment simply updates references and simplifies the rule requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to affected persons because this amendment simply updates references and simplifies the rule requirements. 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 08/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41909.htm MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 41928 (New Rule): R628-2. Investment of Funds of Public Education Foundations Established under Section 53A-4-205 or Funds Acquired by Gift, Devise, or Bequest. SUMMARY OF THE RULE OR CHANGE: This rule allows for funds of public education foundations or funds given to an entity that were given by gift, devise, or bequest to be invested in a broader range of investments as these types of funds are longer term or permanent in nature. It allows for the use of highly rated mutual funds, equity securities, fixed income securities, and fixed income securities issued by agencies of the United State and US government sponsored organizations with no limit on maturity. It provides for limitations on the percentage of the funds that may be in equity securities, the disposition of non-qualifying investments, investment policy approval by trustees and reporting requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule does not apply to state funds. - LOCAL GOVERNMENTS: As this rule has been in place there are no changes as to how public entities have been investing. - SMALL BUSINESSES: This rule applies to public entities and has been in place so there are no costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule does not apply to other businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be not compliance costs as the rule has been in place and there are no changes. 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 has been in place and there are no changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2017 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: 09/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41928.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends August 31, 2017. From the end of the 30-day waiting period through November 29, 2017, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41557 (Change in Proposed Rule): R414-305-5. Resource Provisions for Parents and Caretaker Relatives, Pregnant Woman, and Child Under Non-MAGI- Based Community and Institutional Medicaid. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies and implements provisions of H.B. 172 (2017), which instruct the Department to disregard resources held in a Utah Educational Savings Plan when making eligibility determinations for certain Medicaid programs. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the May 15, 2017, issue of the Utah State Bulletin, on page 91. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Estimated costs or savings to the state budget are explained in the original rule filing (Filing No. 41557, published in the May 15, 2017, Utah State Bulletin). - LOCAL GOVERNMENTS: Estimated costs or savings to local governments are explained in the original rule filing (Filing No. 41557, published in the May 15, 2017, Utah State Bulletin). - SMALL BUSINESSES: Estimated costs or savings to small businesses are explained in the original rule filing (Filing No. 41557, published in the May 15, 2017, Utah State Bulletin). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Estimated costs or savings to Medicaid providers and to Medicaid members are explained in the original rule filing (Filing No. 41557, published in the May 15, 2017, Utah State Bulletin). COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs to a single business or provider are explained in the original rule filing (Filing No. 41557, published in the May 15, 2017, Utah State Bulletin). 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 08/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41557.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm- code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE SECURITIES No. 41885 (5-year Review): R164-1. Fraudulent Practices. 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 assists licensees, the public and courts in interpreting "act, practice, or course of business which operates or would operate as a fraud or deceit upon any person". Therefore, this rule should be continued. The list is not all-inclusive but provides examples of conduct deemed to be fraudulent in nature. DIRECT QUESTIONS REGARDING THIS RULE TO: - Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at clyons@utah.gov - Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at kwoodwell@utah.gov EFFECTIVE: 07/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41885.htm No. 41886 (5-year Review): R164-4. Licensing Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Utah Uniform Securities Act requires that to act as a broker-dealer, broker-dealer agent, issuer agent, investment adviser, or investment adviser representative, a person or entity must be appropriately licensed. Rule R164-4 describes the procedures and requirements for obtaining the appropriate licenses. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at clyons@utah.gov - Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at kwoodwell@utah.gov EFFECTIVE: 07/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41886.htm No. 41887 (5-year Review): R164-5. Broker-Dealer and Investment Adviser Books and Records. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R164-5 assists licensees by identifying specific books, records, financial reports and other information that must be maintained by Division licensees. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at clyons@utah.gov - Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at kwoodwell@utah.gov EFFECTIVE: 07/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41887.htm No. 41888 (5-year Review): R164-6. Denial, Suspension or Revocation of a License. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The grounds for taking disciplinary action under Section 61-1-6 of the Act include engaging in "dishonest or unethical practices in the securities business." Rule R164-6 assists licensees, the public and courts in interpreting "dishonest or unethical practices" by identifying specific acts deemed to be dishonest or unethical. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at clyons@utah.gov - Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at kwoodwell@utah.gov EFFECTIVE: 07/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41888.htm No. 41889 (5-year Review): R164-18. Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R164-18 provides information for licensees and the public as to which actions will be conducted on an informal basis. This rule helps licensees and the public understand the procedures used in various actions taken by the Division. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at clyons@utah.gov - Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at kwoodwell@utah.gov EFFECTIVE: 07/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41889.htm No. 41890 (5-year Review): R164-25. Record of Registration. 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 assists licensees and the public in interpreting the Act by providing guidelines and procedures for requesting interpretive opinions and no-action letters from the Division. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at clyons@utah.gov - Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at kwoodwell@utah.gov EFFECTIVE: 07/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41890.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 41891 (5-year Review): R317-6. Ground Water Quality Protection. 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 for the Water Quality director and Board to implement the state's Ground Water Protection Program. The rule should be continued as it provides ground water quality standards, defines ground water classes and protection levels; sets minimum requirements for ground water discharge permits; and corrective action. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41891.htm No. 41892 (5-year Review): R317-10. Certification of Wastewater Works Operators. 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 for the Water Quality Board to implement the state's Wastewater Operator Certification Program as directed in the Water Quality Act. The certification program is established to assist in protecting the quality of waters in the state of Utah; protect the public health and the environment; provide for the health and safety of wastewater works operators; and establish standards and methods whereby wastewater works operating personnel can demonstrate competency. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41892.htm No. 41893 (5-year Review): R317-100. Utah State Project Priority System for the Utah Wastewater Project Assistance Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The priority ranking system is used to rank wastewater projects for possible state and federal funding assistance. It is a required component of the Clean Water State Revolving Fund program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41893.htm HEALTH ADMINISTRATION No. 41926 (5-year Review): R380-41. Governance Committee Electronic Meetings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Allowing members of Governance Committee to attend electronically has ensured a consistent attendance to the meetings. Requiring in-person attendance to these meetings could have a negative effect in meeting participation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tamara Hampton by phone at 801-538-6622, by FAX at 801-538-6306, or by Internet E-mail at thampton@utah.gov EFFECTIVE: 07/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41926.htm INSURANCE ADMINISTRATION No. 41922 (5-year Review): R590-148. Long-Term Care Insurance Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is a major protection to the consumer. The department has incorporated a rate stability requirement approved by the industry through the NAIC. As the Utah population ages, the Department will need better guidance and protections for the aging. This rule will provide better understanding of products being sold. The rule requires better analysis by the producer of the suitability of the product they are selling to an individual. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 07/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41922.htm No. 41920 (5-year Review): R590-151. Records Access Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes fair and reasonable records management and access practices that allow the public access to public records and restricts those records that are private in an attempt to prevent abuses in regards to these records. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 07/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41920.htm No. 41923 (5-year Review): R590-241. Rule to Recognize the Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule was developed to recognize, permit, and prescribe the use of mortality tables that reflect differences in mortality between preferred and standard lives in determining minimum reserve liabilities. Without this rule, insurance companies would have to raise reserves held in support of the preferred business which, in turn, would require them to raise rates for the best risks. The rule enables more equitable pricing of life insurance policies. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 07/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41923.htm No. 41921 (5-year Review): R590-264. Property and Casualty Actuarial Opinion Rule. 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 requires all property and casualty insurers to prepare annually the Actuarial Opinion Summary, a document intended to aid regulators in understanding the financial condition of the company. The rule also allows the insurer to request that this document be kept confidential. The rule implements a regulatory requirement that is a part of the NAIC accreditation standards (NAIC Property and Casualty Actuarial Opinion Model Law, #745). NAIC accreditation allows non-domestic states to rely on the accredited domestic regulator to fulfill a baseline level of effective financial regulatory oversight. Maintaining accreditation is vital for the state of Utah and its domestic companies. The Statement of Actuarial Opinion and the Actuarial Opinion Summary are essential regulatory tools needed to assess the financial condition of the insurer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 07/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41921.htm TRANSPORTATION OPERATIONS, MAINTENANCE No. 41913 (5-year Review): R918-3. Snow Removal. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The need for the agency to identify those roads where it will provide snow removal services and those roads where it will not continues to exist. This rule satisfies that need. Therefore, this rule should be continued. 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 EFFECTIVE: 07/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41913.htm OPERATIONS, TRAFFIC AND SAFETY No. 41910 (5-year Review): R920-1. Utah Manual on Uniform Traffic Control Devices. 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 of Transportation is required by Section 41-6a-301 to make rules consistent with the Traffic Code adopting standards and establishing specifications for a uniform system of traffic-control devices used on a highway. This rule satisfies that requirement. Therefore, this rule should be continued. 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 EFFECTIVE: 07/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41910.htm No. 41925 (5-year Review): R920-2. Rural Conventional Road Definition. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 72-7-504 is still in effect and requires the Department to define rural conventional roads in rule. Therefore, this rule should be continued. 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 EFFECTIVE: 07/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41925.htm No. 41924 (5-year Review): R920-4. Special Road Use or Event. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule regulates the public's use of state highways for special events such as parades, road races, protests, demonstrations, film-related activities, and other non-transportation related uses. The rule attempts to maximize the the public's access to roads for special events while minimizing the cost to the state and protecting the safety and well-being of those participating in the special events and the traveling public. This rule serves a critical and worthwhile purpose and therefore, must be continued. 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 EFFECTIVE: 07/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41924.htm No. 41911 (5-year Review): R920-6. Snow Tire and Chain Requirements. 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-1636 requires the Department of Transportation to make rules to permit the use of tires on a vehicle having protuberances other than rubber, if the department concludes that protuberances do not damage the highway significantly or constitute a hazard to life, health, or property is still effective. Therefore, this rule should be continued. 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 EFFECTIVE: 07/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41911.htm No. 41907 (5-year Review): R920-50. Ropeway Operation Safety. 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 still necessary because the agency uses it to regulate public safety in the design, construction, and operation of passenger ropeways in the state and implement the requirements of the Passenger Ropeway Systems Act. Therefore, this rule should be continued. 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 - Jason Davis by phone at 801-965-4895, or by Internet E-mail at jasondavis@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41907.htm WORKFORCE SERVICES ADMINISTRATION No. 41905 (5-year Review): R982-401. Energy Assistance: General Provisions. 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 set forth program standards and rights of review for the HEAT Program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41905.htm No. 41894 (5-year Review): R982-405. Energy Assistance: Program Benefits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule sets standards for when and how HEAT Program benefits may be paid. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41894.htm No. 41895 (5-year Review): R982-406. Energy Assistance: Eligibility 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 sets forth procedure for how HEAT Program applications are to be handled and an applicant's eligibility determined. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41895.htm No. 41896 (5-year Review): R982-407. Energy Assistance: Records and Benefit Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule sets forth standards for the handling of HEAT Program records and payments. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41896.htm No. 41897 (5-year Review): R982-408. Energy Assistance: Special State Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule sets forth the standards for administering and enforcing the shutoff moratorium for eligible persons. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41897.htm No. 41898 (5-year Review): R982-501. Olene Walker Housing Loan Fund (OWHLF). 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 set standards ensuring that grants and loans made by the Fund are made in accordance with state law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41898.htm HOUSING AND COMMUNITY DEVELOPMENT No. 41899 (5-year Review): R990-8. Permanent Community Impact Fund Board Review and Approval of Applications for Funding Assistance. 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 set forth standards and procedures for evaluating applications for funding and otherwise administering the Fund in accordance with federal and state law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41899.htm No. 41903 (5-year Review): R990-9. Policy Concerning Enforceability and Taxability of Bonds Purchased. 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 set forth standards for the use of bonds in providing funding to political subdivisions as required under state law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41903.htm No. 41900 (5-year Review): R990-10. Procedures in Case of Inability to Formulate Contract for Alleviation of Impact. 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 set forth procedures for review of Board decisions. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41900.htm No. 41901 (5-year Review): R990-11. Community Development Block Grants (CDBG). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to comply with the federal statutes and regulations as required for continued participation in the community development block grant program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41901.htm No. 41904 (5-year Review): R990-100. Community Services Block Grant Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to administer Community Services Block Grant funds in accordance with state and federal law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41904.htm No. 41902 (5-year Review): R990-101. Qualified Emergency Food Agencies Fund (QEFAF). 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 set standards and procedures for the distribution of QEFAF funds and applications for those funds. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 07/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41902.htm NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file a Notice of Five-Year Review Extension (Extension) with the Office of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). TRANSPORTATION OPERATIONS, TRAFFIC AND SAFETY No. 41912 (Five-Year Extension): R920-51. Safety Regulations for Railroads. EXTENSION REASON: Agency personnel have reviewed this rule and believe it needs to be repealed. However, the Transportation Commission must review the rule and the agency's decision to repeal the rule before it may be repealed. The next Transportation Commission meeting is scheduled for 08/11/2017, which is after the deadline to file the Five-Year Review and Notice of Continuation. The Commission may disagree with the agency and want to continue the rule. Therefore, an extension of time to file the Five-Year Review and Notice of Continuation is needed to provide time for the Commission to perform its review. The new deadline is 11/29/2017. 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 EFFECTIVE: 07/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41912.htm NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Office of Administrative Rules (Office) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Office. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Office, the rule expires. Upon expiration of the rule, the Office files a Notice of Five-Year Expiration (Expiration) to document the action. The Office is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Office has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 41919 (Expired): R628-2. Investment of Funds of Public Education Foundations Established Under Section 53A-4-205 or Funds Acquired by Gift, Devise or Bequest. SUMMARY: The five-year notice of review and statement of continuation was not filed by the deadline so this rule is expired and will be removed from the Administrative Code as of 07/12/2017. (EDITOR'S NOTE: A proposed new Rule R628-2 is under Filing No. 41928 in this issue, August 1, 2017, of the Bulletin to put the rule back in the Administrative Code.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 07/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170801/41919.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 FACILITIES CONSTRUCTION AND MANAGEMENT No. 41578 (AMD): R23-3.Planning, Programming, Request for Capital Development Projects and Operation and Maintenance Reporting for State Owned Facilities Published: 06/01/2017 Effective: 07/12/2017 FLEET OPERATIONS No. 41609 (AMD): R27-7.Safety and Loss Prevention of State Vehicles Published: 06/01/2017 Effective: 07/11/2017 COMMERCE REAL ESTATE No. 41618 (AMD): R162-2c.Utah Residential Mortgage Practices and Licensing Rules Published: 06/01/2017 Effective: 07/11/2017 EDUCATION ADMINISTRATION No. 41646 (NEW): R277-122.Board of Education Procurement Published: 06/01/2017 Effective: 07/10/2017 No. 41647 (AMD): R277-474-3.General Provisions Published: 06/01/2017 Effective: 07/10/2017 No. 41648 (AMD): R277-487.Public School Data Confidentiality and Disclosure Published: 06/01/2017 Effective: 07/10/2017 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 41477 (AMD): R315-302-1.Location Standards for Disposal Facilities Published: 05/01/2017 Effective: 08/01/2017 FINANCIAL INSTITUTIONS ADMINISTRATION No. 41608 (AMD): R331-10.Schedule for Retention or Destruction of Records of Financial Institutions Under the Jurisdiction of the Department of Financial Institutions Published: 06/01/2017 Effective: 07/10/2017 GOVERNOR ECONOMIC DEVELOPMENT No. 41649 (NEW): R357-20.Education Computing Partnerships Published: 06/01/2017 Effective: 07/14/2017 HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 41617 (AMD): R426-8.Emergency Medical Services Ground Ambulance Rates and Charges Published: 06/01/2017 Effective: 07/10/2017 INSURANCE ADMINISTRATION No. 41296 (AMD): R590-206.Privacy of Consumer Financial and Health Information Rule Published: 03/01/2017 Effective: 07/11/2017 No. 41296 (CPR): R590-206.Privacy of Consumer Financial and Health Information Rule Published: 06/01/2017 Effective: 07/11/2017 JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 41620 (AMD): R597-2-2.Disclosure, Recusal, and Disqualification Published: 06/01/2017 Effective: 07/10/2017 No. 41623 (AMD): R597-3-1.Evaluation Cycles Published: 06/01/2017 Effective: 07/10/2017 No. 41624 (AMD): R597-3-3.Courtroom Observation Published: 06/01/2017 Effective: 07/10/2017 No. 41625 (AMD): R597-3-5.Public Comments Published: 06/01/2017 Effective: 07/10/2017 NATURAL RESOURCES WILDLIFE RESOURCES No. 41585 (NEW): R657-29.Government Records Access Management Act Published: 06/01/2017 Effective: 07/10/2017 PUBLIC SAFETY HIGHWAY PATROL No. 41359 (R&R): R714-162.Equipment Standards for Heavy Vehicle, Trailer and Bus Safety Inspections Published: 04/01/2017 Effective: 07/18/2017 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41645 (AMD): R746-343-15.Surcharge Published: 06/01/2017 Effective: 07/10/2017 WORKFORCE SERVICES HOUSING AND COMMUNITY DEVELOPMENT No. 41611 (AMD): R990-101.Qualified Emergency Food Agencies Fund (QEFAF) Published: 06/01/2017 Effective: 07/10/2017 REHABILITATION No. 41616 (AMD): R993-300.Certification Requirements for Interpreters for the Hearing Impaired Published: 06/01/2017 Effective: 07/10/2017 RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available https://rules.utah.gov/researching/ . <> ----------------------------