----------------------------

Utah State Digest, Vol. 2017, No. 16 (August 15, 2017)

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UTAH STATE DIGEST
Summary of the Contents of the Utah State Bulletin


For information filed July 15, 2017, 12:00 AM through August 1, 2017, 11:59 
PM


Volume 2017, No. 16
August 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/publicat/bulletin.htm.  Any discrepancy between the 
PDF version and other versions will be resolved in favor of the PDF version. 

Inquiries concerning the substance or applicability of an administrative rule 
that appear in the Digest should be addressed to the contact person for the 
rule.  Questions about the Digest or the rulemaking process may be addressed 
to:  Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 
84114-1007, telephone 801-538-3003. Additional rulemaking information and 
electronic versions of all administrative rule publications are available at 
https://rules.utah.gov/.

The Digest is available free of charge online at 
https://rules.utah.gov/publicat/digest.htm and by e-mail Listserv.  




************************************************
Office of Administrative Rules, Salt Lake City  84114

Unless otherwise noted, all information presented in this publication is in 
the public domain and may be reproduced, reprinted, and redistributed as 
desired.  Materials incorporated by reference retain the copyright asserted 
by their respective authors.  Citation to the source is requested.



Utah state digest.
  Semimonthly.
  1.  Delegated legislation--Utah--Digests. I.  Utah. Office 
of Administrative Rules.

KFU38.U8
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SPECIAL NOTICES

Notice for September 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/2017/20170815/sn159214.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 Third Extraordinary Session, 
Utah Proclamation No. 2017-3E
- 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/ExecDoc159250.htm

Wildland Fire Management, Utah Exec. Order No. 2017-7
- 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/ExecDoc159251.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 15, 2017, 12:00 a.m., and August 1, 2017, 11:59 p.m. are 
summarized in this, the August 15, 2017, issue of the Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the August 15, 2017, issue of the Utah State Bulletin until at 
least September 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 December 13, 2017, the 
agency may notify the Office of Administrative Rules that it wants to make 
the Proposed Rule effective.  The agency sets the effective date.  The date 
may be no fewer than seven calendar days after the close of the public 
comment period nor more than 120 days after the publication date in the Utah 
State Bulletin.  Alternatively, the agency may file a Change in Proposed Rule 
in response to comments received.  If the Office of Administrative Rules does 
not receive a Notice of Effective Date or a Change in Proposed Rule, the 
Proposed Rule lapses.

The public, interest groups, and governmental agencies are invited to review 
and comment on the Proposed Rules listed below.  Comment may be directed to 
the contact person identified with each rule. 

Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections 
R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10.


EDUCATION
ADMINISTRATION
No. 41971 (Amendment): R277-110. Legislative Supplemental Salary Adjustment.
SUMMARY OF THE RULE OR CHANGE:  The amendments to Rule R277-110 provide 
technical and conforming changes throughout the rule and remove repetitive 
language.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to this rule will likely not result in a 
cost or savings to the state budget.  The rule is updated with technical and 
conforming changes and repetitive language is removed.
- LOCAL GOVERNMENTS:  The amendments to this rule will likely not result in a 
cost or savings to local government.  The rule is updated with technical and 
conforming changes and repetitive language is removed.
- SMALL BUSINESSES:  The amendments to this rule will likely not result in a 
cost or savings to small businesses.  The rule is updated with technical and 
conforming changes and repetitive language is removed.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to this rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  The rule is updated with technical and conforming 
changes and repetitive language is removed.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments to this rule will 
likely not result in any compliance costs for affected persons.  The rule is 
updated with technical and conforming changes and repetitive language is 
removed.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After conducting a thorough analysis, it was determine that the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41971.htm

No. 41956 (Repeal): R277-112. Prohibiting Discrimination in the Public 
Schools.
SUMMARY OF THE RULE OR CHANGE:  Rule R277-112 provides standards prohibiting 
discrimination in the public school system, which is already provided for in 
state and federal law.  Consequently, Rule R277-112 is being repealed in its 
entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Repealing Rule R277-112 will likely not result in a cost 
or savings to the state budget.  The language in Rule R277-112 is largely 
repetitive of provisions in state and federal law.
- LOCAL GOVERNMENTS:  Repealing Rule R277-112 will likely not result in a 
cost or savings to local government.  The language in Rule R277-112 is 
largely repetitive of provisions in state and federal law.
- SMALL BUSINESSES:  Repealing Rule R277-112 will likely not result in a cost 
or savings to small businesses.  The language in Rule R277-112 is largely 
repetitive of provisions in state and federal law.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Repealing Rule R277-112 will likely not result in a cost or savings 
to persons other than small businesses, businesses, or local government 
entities.  The language in Rule R277-112 is largely repetitive of provisions 
in state and federal law.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Repealing Rule R277-112 will likely 
not result in any compliance costs for affected persons.  The language in 
Rule R277-112 is largely repetitive of provisions in state and federal law.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After conducting a thorough analysis, it was determined that 
repealing Rule R277-112 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41956.htm

No. 41972 (Amendment): R277-401. Child Abuse-Neglect Reporting by Education 
Personnel.
SUMMARY OF THE RULE OR CHANGE:  The amendments to Rule R277-401 provide 
technical and conforming changes in accordance with the Rulewriting Manual 
for Utah throughout the rule and provide language to clarify policy and 
procedure requirements.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to Rule R277-401 will likely not result 
in a cost or savings to the state budget.  The rule is updated with technical 
and conforming changes and clarification is provided for LEA policy and 
procedure requirements.
- LOCAL GOVERNMENTS:  The amendments to Rule R277-401 will likely not result 
in a cost or savings to local government.  The rule is updated with technical 
and conforming changes and clarification is provided for LEA policy and 
procedure requirements.
- SMALL BUSINESSES:  The amendments to Rule R277-401 will likely not result 
in a cost or savings to small businesses.  The rule is updated with technical 
and conforming changes and clarification is provided for LEA policy and 
procedure requirements.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to Rule R277-401 will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  The rule is updated with technical and conforming 
changes and clarification is provided for LEA policy and procedure 
requirements.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments to Rule R277-401 will 
likely not result in any compliance costs for affected persons.  The rule is 
updated with technical and conforming changes and clarification is provided 
for LEA policy and procedure 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 the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41972.htm

No. 41973 (Amendment): R277-407. School Fees.
SUMMARY OF THE RULE OR CHANGE:  The amendments to Rule R277-407 provide 
technical and conforming changes throughout the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to this rule will likely not result in a 
cost or savings to the state budget.  The rule is updated with technical and 
conforming changes.
- LOCAL GOVERNMENTS:  The amendments to this rule will likely not result in a 
cost or savings to local government.  The rule is updated with technical and 
conforming changes.
- SMALL BUSINESSES:  The amendments to this rule will likely not result in a 
cost or savings to small businesses.  The rule is updated with technical and 
conforming changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to this rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  The rule is updated with technical and conforming 
changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments to this rule will 
likely not result in any compliance costs for affected persons.  The rule is 
updated with technical and conforming 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 the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41973.htm

No. 41974 (Amendment): R277-433. Disposal of Textbooks in the Public Schools.
SUMMARY OF THE RULE OR CHANGE:  The amendments to Rule R277-433 provide 
technical and conforming changes throughout the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to this rule will likely not result in a 
cost or savings to the state budget.  The rule is updated with technical and 
conforming changes.
- LOCAL GOVERNMENTS:  The amendments to this rule will likely not result in a 
cost or savings to local government.  The rule is updated with technical and 
conforming changes.
- SMALL BUSINESSES:  The amendments to this rule will likely not result in a 
cost or savings to small businesses.  The rule is updated with technical and 
conforming changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to this rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  The rule is updated with technical and conforming 
changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments to this rule will 
likely not result in any compliance costs for affected persons.  The rule is 
updated with technical and conforming 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 the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41974.htm

No. 41975 (Amendment): R277-445. Classifying Small Schools as Necessarily 
Existent.
SUMMARY OF THE RULE OR CHANGE:  The amendments to Rule R277-445 provide 
technical and conforming changes throughout the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to this rule will likely not result in a 
cost or savings to the state budget.  The rule is updated with technical and 
conforming changes.
- LOCAL GOVERNMENTS:  The amendments to this rule will likely not result in a 
cost or savings to local government.  The rule is updated with technical and 
conforming changes.
- SMALL BUSINESSES:  The amendments to this rule will likely not result in a 
cost or savings to small businesses.  The rule is updated with technical and 
conforming changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to this rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  The rule is updated with technical and conforming 
changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments to this rule will 
likely not result in any compliance costs for affected persons.  The rule is 
updated with technical and conforming 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 the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41975.htm

No. 41976 (Amendment): R277-489. Early Intervention Program.
SUMMARY OF THE RULE OR CHANGE:  The amendments to Rule R277-489 remove 
references to the K-3 reading software program and rearrange text regarding 
the administration of the kindergarten entry and exit assessments.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Removing references to the K-3 reading software program 
and rearranging text will likely not result in a cost or savings to the state 
budget.
- LOCAL GOVERNMENTS:  Removing references to the K-3 reading software program 
and rearranging text rule will likely not result in a cost or savings to 
local government.
- SMALL BUSINESSES:  Removing references to the K-3 reading software program 
and rearranging text will likely not result in a cost or savings to small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Removing references to the K-3 reading software program and 
rearranging text will likely not result in a cost or savings to persons other 
than small businesses, businesses, or local government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Removing references to the K-3 
reading software program and rearranging text will likely not result in any 
compliance costs for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After conducting a thorough analysis, it was determined that the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41976.htm

No. 41977 (New Rule): R277-496. K-3 Reading Software Licenses.
SUMMARY OF THE RULE OR CHANGE:  This new Rule R277-496 includes provisions 
moved from Rule R277-489 and adds new provisions to define "technology 
provider's dosage recommendation" and probation requirements for a school to 
reenter the reading software program after losing the school's access to 
licenses.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this new rule will likely not result in a 
cost or savings to the state budget.  Provisions moved from Rule R277-489 and 
new provisions apply to schools not meeting probationary requirements and 
local education agencies for not complying with the provisions of this rule.
- LOCAL GOVERNMENTS:  There will be costs to a school on probation that does 
not use the K-3 reading software license in accordance with a technology 
provider's dosage recommendations during the probationary year.  There could 
be action taken against a school that does not meet the technology provider's 
dosage recommendations, including withholding software licenses or funds, for 
a local education agency that fails to provide complete, accurate, and timely 
reporting as required by this rule.  Costs are speculative.
- SMALL BUSINESSES:  Enactment of this new rule will likely not result in a 
cost or savings to small businesses.  Provisions moved from Rule R277-489 and 
new provisions apply to schools not meeting probationary requirements and 
local education agencies for not complying with the provisions of this rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this new rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
governmental entities.  Provisions moved from Rule R277-489 and new 
provisions apply to schools not meeting probationary requirements and local 
education agencies for not complying with the provisions of this rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be compliance costs to 
schools not complying with a technology provider’s dosage recommendations and 
there could be compliance costs to a local education agency not meeting the 
reporting requirements of 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 the 
amendments to this rule will not result in a fiscal impact to most 
businesses, other than a business that the Board contracts with to provide 
software for the K-3 reading software program.  If a school does not meet the 
fidelity or dosage requirements of Subsections 53A-17a-167 (5) through (8), 
the business could lose revenue because schools no longer qualify to receive 
software licenses.  The potential to lose revenue is a direct result of the 
fidelity/dosage requirements in Section 53A-17a-167, not this rule, but the 
definition of the technology provider's dosage recommendations is included in 
this Rule R277-496.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41977.htm

No. 41979 (Amendment): R277-515. Utah Educator Professional Standards.
SUMMARY OF THE RULE OR CHANGE:  A new definition of "License applicant" is 
provided in the rule and language is added to clarify the responsibilities of 
a local education agency to submit assurances.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to this rule will likely not result in a 
cost or savings to the state budget.  The amendments to this rule provide a 
new definition and clarification.
- LOCAL GOVERNMENTS:  The amendments to this rule will likely not result in a 
cost or savings to local government.  The amendments to this rule provide a 
new definition and clarification.
- SMALL BUSINESSES:  The amendments to this rule will likely not result in a 
cost or savings to small businesses.  The amendments to this rule provide a 
new definition and clarification.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to this rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  The amendments to this rule provide a new definition 
and clarification.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments to this rule will 
likely not result in any compliance costs for affected persons.  The 
amendments to this rule provide a new definition and clarification.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After conducting a thorough analysis, it was determined that the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41979.htm

No. 41983 (Amendment): R277-516. Background Check Policies and Required 
Reports of Arrests for Licensed Educators, Volunteers, Non-licensed 
Employees, and Charter School Governing Board Members.
SUMMARY OF THE RULE OR CHANGE:  The amendments provide a new Section on 
association professional standard setting, training, and monitoring, much of 
which is taken from Rule R277-409, and provide a new definition of 
"Association".  The title of the rule is also changed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to this rule will likely not result in a 
cost or savings to the state budget.  Language in the new section of the rule 
is taken from an existing rule.
- LOCAL GOVERNMENTS:  The amendments to this rule may result in a cost to 
local government if the school district or charter school is a member of an 
association that governs athletic interscholastic activities.  The amendments 
to this rule provide a new definition and clarification.
- SMALL BUSINESSES:  The amendments to this rule will likely not result in a 
cost or savings to small businesses.  The amendments to this rule provide a 
new definition and clarification.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to this rule will likely result in a cost to an 
association that governs interscholastic athletic activities of school 
districts and charter schools.  Costs are speculative.  The amendments to 
this rule provide a new definition and clarification.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  An association that governs 
interscholastic athletic activities on behalf of school districts and charter 
schools (LEAs) may see an increased cost of compliance related to training, 
or ensuring the association's member LEAs are training, coaches and other 
individuals who oversee public school interscholastic athletic activities on:  
1) child sexual abuse prevention; 2) the prevention of bullying, cyber-
bullying, hazing, harassment, and retaliation; and 3) the association’s 
professional standards of conduct.  The cost of the training or monitoring 
are very speculative. LEAs and associations are likely to absorb the costs 
within existing budgets.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After conducting a thorough analysis, it was determined that the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41983.htm

No. 41980 (Amendment): R277-608. Prohibition of Corporal Punishment in Utah’s 
Public Schools.
SUMMARY OF THE RULE OR CHANGE:  The amendments to Rule R277-608 provide 
technical and conforming changes throughout the rule and update the rule 
based on amendments to Section 53A-11-802 due to passage of H.B. 92 (2017).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to this rule will likely not result in a 
cost or savings to the state budget.  The rule is updated with technical and 
conforming changes.
- LOCAL GOVERNMENTS:  The amendments to this rule will likely not result in a 
cost or savings to local government.  The rule is updated with technical and 
conforming changes.
- SMALL BUSINESSES:  The amendments to this rule will likely not result in a 
cost or savings to small businesses.  The rule is updated with technical and 
conforming changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to this rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  The rule is updated with technical and conforming 
changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments to this rule will 
likely not result in any compliance costs for affected persons.  The rule is 
updated with technical and conforming 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 the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41980.htm

No. 41981 (Amendment): R277-800. Utah Schools for the Deaf and the Blind.
SUMMARY OF THE RULE OR CHANGE:  The amendments to Rule R277-800 provide 
terminology changes throughout the rule to include replacing sensory 
impairment with the specific impairment and providing technical and 
conforming changes throughout the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to this rule will likely not result in a 
cost or savings to the state budget.  The rule is updated with terminology, 
technical and conforming changes.
- LOCAL GOVERNMENTS:  The amendments to this rule will likely not result in a 
cost or savings to local government.  The rule is updated with terminology, 
technical and conforming changes.
- SMALL BUSINESSES:  The amendments to this rule will likely not result in a 
cost or savings to small businesses.  The rule is updated with terminology, 
technical and conforming changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to this rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  The rule is updated with terminology, technical and 
conforming changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments to this rule will 
likely not result in any compliance costs for affected persons.  The rule is 
updated with terminology, technical and conforming 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 the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41981.htm

No. 41982 (Amendment): R277-801. Services for Students with Sensory 
Impairments.
SUMMARY OF THE RULE OR CHANGE:  The amendments to Rule R277-801 provide 
terminology changes throughout the rule including replacing sensory 
impairment  with the a student who is deaf, hard of hearing, blind, visually 
impaired, or deaf blind, and removing conflicting language in Subsection 
R277-801-5(3) from the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments to this rule will likely not result in a 
cost or savings to the state budget.  The amendments provide terminology 
changes and remove conflicting language.
- LOCAL GOVERNMENTS:  The amendments to this rule will likely not result in a 
cost or savings to local government.  The amendments provide terminology 
changes and remove conflicting language.
- SMALL BUSINESSES:  The amendments to this rule will likely not result in a 
cost or savings to small businesses.  The amendments provide terminology 
changes and remove conflicting language.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments to this rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  The amendments provide terminology changes and remove 
conflicting language.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments to this rule will 
likely not result in any compliance costs for affected persons.  The 
amendments provide terminology changes and remove conflicting language.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After conducting a thorough analysis, it was determined that the 
amendments to this 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41982.htm

No. 41978 (New Rule): R277-925. Effective Teachers in High Poverty Schools 
Incentive Program.
SUMMARY OF THE RULE OR CHANGE:  This new Rule R277-925 provides standards and 
procedures for the Utah State Board of Education (Board) to award a salary 
bonus to LEAs to distribute to an eligible teacher and for the Board to 
evaluate the effectiveness of the program and submit a report to the 
Education Interim Committee.  An ongoing appropriation was provided by the 
Legislature to fund the program.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this new rule will likely not result in a 
cost or savings to the state budget.  An ongoing appropriation is provided to 
fund the program.
- LOCAL GOVERNMENTS:  Enactment of this new rule may result in a cost to 
participating local education agencies (LEAs).  Participating LEAs will be 
required to provide date to the Board, distribute money to eligible teachers, 
and provide at least a 50% of funds to fund the bonus for the eligible 
teacher.  Participating in the program is optional.  For LEAs not 
participating in the program or other local government entities, the rule 
will likely not result in a cost or savings.
- SMALL BUSINESSES:  Enactment of this new rule will likely not result in a 
cost or savings to small businesses.  This rule applies to public education 
and does not affect small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this new rule will likely not result in a cost or 
savings to persons other than small businesses, businesses, or local 
government entities.  An ongoing appropriation is provided to fund the 
program.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be some administrative 
compliance costs (reporting, financial distribution, etc.) for LEAs 
participating in the program.   The compliance costs are related to the 
requirements of Section 53A-17a-173 and not this Rule R277-925.  An ongoing 
appropriation is provided to 50% of the teacher incentives described in the 
program.
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 new 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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41978.htm



ENVIRONMENTAL QUALITY
WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION
No. 41991 (Amendment): R313-12. General Provisions.
SUMMARY OF THE RULE OR CHANGE:  On 07/13/2017, the Waste Management and 
Radiation Control Board authorized the proposed changes to be published for 
public review and comment.  Proposed changes to Rules R313-12, R313-19, R313-
21, and R313-22 reflect those revisions made by the NRC to selected sections 
of 10 CFR Part 40, as promulgated on 05/29/2013 (78 FR 32310).  The majority 
of the changes are required to retain regulatory compatibility for the 
radioactive materials program, other proposed changes provide added 
clarification or correct textual errors.  Specifically, incorporating the 
revisions promulgated by the NRC into the appropriate sections of Rule R313-
12 require the initial distribution of source material to exempt persons or 
to general licensees be explicitly authorized by a specific license and 
institute new reporting requirements to provide timely information on the 
types and quantities of source material distributed for use either under 
exemption or by general licensees.  In addition, the rule modifies the 
existing possession and use requirements of the general license for small 
quantities of source material to better align the requirements with current 
health and safety standards.  The regulatory amendments will create a 
regulatory framework for the initial distribution of source material to 
inform the Division, in the event of any manufacturer or distributor of 
source material becomes licensed in Utah, of what types and quantities of 
products containing source material are distributed for use under the 
exemptions from licensing and to identify persons using significant 
quantities of source material under the general license in Rule R313-21-21.  
It will also ensure that general licensees under Section R313-21-21 are 
informed of applicable regulations before they obtain source material.  Also, 
the proposed rule changes revise, clarify, or delete certain source material 
exemptions from licensing to make the exemptions more risk informed.  The 
NRC’s final rule and the associated proposed rule changes in the Utah 
radiation control rules also affect the possession and use of source material 
under a general license or an applicable license exemption.  References to 
the Utah Code are being updated to match the existing respective statutes in 
the definitions for "Dentist" and "Pharmacist".  A clarification is being 
added to the definition of "Regulations of the U.S. Department of 
Transportation" to explicitly reference federal transportation regulations 
that are also applicable.  A change to the definition of "Unrefined and 
unprocessed ore" is being made to be compatible with the corresponding NRC 
regulation of 10 CFR 40.4.  Text is being added to the Records section (R313-
12-51) to be compatible with the corresponding NRC regulations of 10 CFR 
40.61(a) and (b) and the subsequent subsections are being renumbered.  Text 
is being added to the Communications section (R313-12-110) to clarify that 
communications, reports, and applications are to be addressed to the director 
of the division.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no state agencies that manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  However, state 
academic institutions that may possess or use radioactive source material for 
research or other academic-related purposes beyond the proposed quantity 
limit may need to apply for and receive a specific licenses.  Any costs 
associated with the specific license application process and subsequent 
implementation procedures are unique to each licensing action and are 
therefore not quantifiable.  However, additional information regarding a 
cost-benefit analysis associated with the NRC's final rule issued on 
05/29/2013 (74 FR 32310) can be found in NRC's regulatory analysis document 
for this final rule (ADAMS Accession No. ML13079A302) .  A copy of this 
analysis is available from the Division of Waste Management and Radiation 
Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- LOCAL GOVERNMENTS:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no local governments that manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  Additional 
information regarding a cost-benefit analysis associated with the NRC's final 
rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's regulatory 
analysis document for this final rule (ADAMS Accession No. ML13079A302).  A 
copy of this analysis is available from the Division of Waste Management and 
Radiation Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- SMALL BUSINESSES:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no small businesses in Utah that manufacture or distribute radioactive 
source material to either entities exempt from radioactive materials 
licensing requirements or to radioactive materials general licensees.  
However, a small business that may possess or use radioactive source material 
for commercial, operational, research, development, or other business-related 
purposes beyond the proposed quantity limit may need to apply for and receive 
a specific licenses.  Any costs associated with the specific license 
application process and subsequent implementation procedures are unique to 
each licensing action and are therefore not quantifiable.  Additional 
information regarding a cost-benefit analysis associated with the NRC's final 
rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's regulatory 
analysis document for this final rule (ADAMS Accession No. ML13079A302).  A 
copy of this analysis is available from the Division of Waste Management and 
Radiation Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The primary focus of the proposed rule changes is directed to 
manufacturers and distributors of radioactive source material (containing by 
definition a certain quantity of uranium or thorium).  There are no other 
entities in Utah that currently manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  However, a 
person that may possess or use radioactive source material for commercial, 
operational, research, development, or other business-related purposes beyond 
the proposed quantity limit may need to apply for and receive a specific 
licenses.  Any costs associated with the specific license application process 
and subsequent implementation procedures are unique to each licensing action 
and are therefore not quantifiable.  Additional information regarding a cost-
benefit analysis associated with the NRC's final rule issued on 05/29/2013 
(74 FR 32310) can be found in NRC's regulatory analysis document for this 
final rule (ADAMS Accession No. ML13079A302).  A copy of this analysis is 
available from the Division of Waste Management and Radiation Control Web 
site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The primary focus of the proposed 
rule changes is directed to manufacturers and distributors of radioactive 
source material (containing by definition a certain quantity of uranium or 
thorium).  There are no entities in Utah that will be affected by the 
proposed rule changes since no entities in Utah manufacture or distribute 
radioactive source material to either entities exempt from radioactive 
materials licensing requirements or to radioactive materials general 
licensees.  However, a business or person that may possess or use radioactive 
source material for commercial, operational, research, development, or other 
business-related purposes beyond the proposed quantity limit may need to 
apply for and receive a specific licenses.  Any costs associated with the 
specific license application process and subsequent implementation procedures 
are unique to each licensing action and are therefore not quantifiable.  
Additional information regarding a cost-benefit analysis associated with the 
NRC's final rule issued on 05/29/2013 (74 FR 32310) can be found in NRC’s 
regulatory analysis document for this final rule (ADAMS Accession No. 
ML13079A302).  A copy of this analysis is available from the Division of 
Waste Management and Radiation Control Web site at 
https://deq.utah.gov/Divisions/dwmrc/index.htm.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The primary focus of the proposed rule changes is directed to 
manufacturers and distributors of radioactive source material (containing by 
definition a certain quantity of uranium or thorium).  There are no entities 
in Utah that manufacture or distribute radioactive source material to either 
entities exempt from radioactive materials licensing requirements or to 
radioactive materials general licensees.  However, a business or person that 
may possess or use radioactive source material for commercial, operational, 
research, development, or other business-related purposes beyond the proposed 
quantity limit may need to apply for and receive a specific licenses.  Any 
costs associated with the specific license application process and subsequent 
implementation procedures are unique to each licensing action and are 
therefore not quantifiable.  Additional information regarding a cost-benefit 
analysis associated with the NRC's final rule issued on 05/29/2013 (74 FR 
32310) can be found in NRC's regulatory analysis document for this final rule 
(ADAMS Accession No. ML13079A302).  A copy of this analysis is available from 
the Division of Waste Management and Radiation Control Web site at 
https://deq.utah.gov/Divisions/dwmrc/index.htm.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/15/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by 
Internet E-mail at rlundberg@utah.gov
- Thomas Ball by phone at 801-536-0251, or by Internet E-mail at 
tball@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/16/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41991.htm

No. 41992 (Amendment): R313-19. Requirements of General Applicability to 
Licensing of Radioactive Material.
SUMMARY OF THE RULE OR CHANGE:  On 07/13/2017, the Waste Management and 
Radiation Control Board authorized the proposed changes to be published for 
public review and comment.  Proposed changes to Rules R313-12, R313-19, R313-
21, and R313-22 reflect those revisions made by the NRC to selected sections 
of 10 CFR Part 40, as promulgated on 05/29/2013 (78 FR 32310).  The majority 
of the changes are required to retain regulatory compatibility for the 
radioactive materials program, other proposed changes provide added 
clarification or correct textual errors.  Specifically, incorporating the 
revisions promulgated by the NRC into the appropriate sections of Rule R313-
19 require the initial distribution of source material to exempt persons or 
to general licensees be explicitly authorized by a specific license and 
institute new reporting requirements to provide timely information on the 
types and quantities of source material distributed for use either under 
exemption or by general licensees.  In addition, the rule modifies the 
existing possession and use requirements of the general license for small 
quantities of source material to better align the requirements with current 
health and safety standards.  The regulatory amendments will create a 
regulatory framework for the initial distribution of source material to 
inform the Division, in the event of any manufacturer or distributor of 
source material becomes licensed in Utah, of what types and quantities of 
products containing source material are distributed for use under the 
exemptions from licensing and to identify persons using significant 
quantities of source material under the general license in Section R313-21-
21.  It will also ensure that general licensees under Section R313-21-21 are 
informed of applicable regulations before they obtain source material.  Also, 
the proposed rule changes revise, clarify, or delete certain source material 
exemptions from licensing to make the exemptions more risk informed.  The 
NRC's final rule and the associated proposed rule changes in the Utah 
radiation control rules also affect the possession and use of source material 
under a general license or an applicable license exemption.  Proposed changes 
in the Exemptions section (R313-19-13) are being made to be compatible with 
the corresponding NRC regulations of 10 CFR 40.13 as promulgated on 
05/29/2013 (78 FR 32310) regarding the distribution of certain quantities of 
source material (radioactive material containing uranium and/or thorium).  
The associated dates noted in the proposed changes in Section R313-19-13 are 
proposed to be 10/16/2017 based on the Waste Management and Radiation Control 
Board's action, during their scheduled meeting on 10/12/2017 to set the 
effective date of the rule changes as 10/16/2017.  The edition date of the 
two incorporations by reference in Section R313-19-50 to Appendix B of 10 CFR 
Part 20 are updated from 2010 to 2017.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no state agencies that manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  However, state 
academic institutions that may possess or use radioactive source material for 
research or other academic-related purposes beyond the proposed quantity 
limit may need to apply for and receive a specific licenses.  Any costs 
associated with the specific license application process and subsequent 
implementation procedures are unique to each licensing action and are 
therefore not quantifiable.  However, additional information regarding a 
cost-benefit analysis associated with the NRC's final rule issued on 
05/29/2013 (74 FR 32310) can be found in NRC's regulatory analysis document 
for this final rule (ADAMS Accession No. ML13079A302).  A copy of this 
analysis is available from the Division of Waste Management and Radiation 
Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- LOCAL GOVERNMENTS:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no local governments that manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  Additional 
information regarding a cost-benefit analysis associated with the NRC's final 
rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's regulatory 
analysis document for this final rule (ADAMS Accession No. ML13079A302).  A 
copy of this analysis is available from the Division of Waste Management and 
Radiation Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- SMALL BUSINESSES:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no small business in Utah that manufacture or distribute radioactive 
source material to either entities exempt from radioactive materials 
licensing requirements or to radioactive materials general licensees.  
However, a small business that may possess or use radioactive source material 
for commercial, operational, research, development, or other business-related 
purposes beyond the proposed quantity limit may need to apply for and receive 
a specific licenses.  Any costs associated with the specific license 
application process and subsequent implementation procedures are unique to 
each licensing action and are therefore not quantifiable.  Additional 
information regarding a cost-benefit analysis associated with the NRC's final 
rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's regulatory 
analysis document for this final rule (ADAMS Accession No. ML13079A302).  A 
copy of this analysis is available from the Division of Waste Management and 
Radiation Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The primary focus of the proposed rule changes is directed to 
manufacturers and distributors of radioactive source material (containing by 
definition a certain quantity of uranium or thorium).  There are no other 
entities in Utah that currently manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  However, a 
person that may possess or use radioactive source material for commercial, 
operational, research, development, or other business-related purposes beyond 
the proposed quantity limit may need to apply for and receive a specific 
licenses.  Any costs associated with the specific license application process 
and subsequent implementation procedures are unique to each licensing action 
and are therefore not quantifiable.  Additional information regarding a cost-
benefit analysis associated with the NRC's final rule issued on 05/29/2013 
(74 FR 32310) can be found in NRC's regulatory analysis document for this 
final rule (ADAMS Accession No. ML13079A302).  A copy of this analysis is 
available from the Division of Waste Management and Radiation Control Web 
site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The primary focus of the proposed 
rule changes is directed to manufacturers and distributors of radioactive 
source material (containing by definition a certain quantity of uranium or 
thorium).  There are no entities in Utah that manufacture or distribute 
radioactive source material to either entities exempt from radioactive 
materials licensing requirements or to radioactive materials general 
licensees.  However, a business or person that may possess or use radioactive 
source material for commercial, operational, research, development, or other 
business-related purposes beyond the proposed quantity limit may need to 
apply for and receive a specific licenses.  Any costs associated with the 
specific license application process and subsequent implementation procedures 
are unique to each licensing action and are therefore not quantifiable.  
Additional information regarding a cost-benefit analysis associated with the 
NRC's final rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's 
regulatory analysis document for this final rule (ADAMS Accession No. 
ML13079A302).  A copy of this analysis is available from the Division of 
Waste Management and Radiation Control Web site at 
https://deq.utah.gov/Divisions/dwmrc/index.htm.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The primary focus of the proposed rule changes is directed to 
manufacturers and distributors of radioactive source material (containing by 
definition a certain quantity of uranium or thorium).  There are no entities 
in Utah that manufacture or distribute radioactive source material to either 
entities exempt from radioactive materials licensing requirements or to 
radioactive materials general licensees.  However, a business or person that 
may possess or use radioactive source material for commercial, operational, 
research, development, or other business-related purposes beyond the proposed 
quantity limit may need to apply for and receive a specific licenses.  Any 
costs associated with the specific license application process and subsequent 
implementation procedures are unique to each licensing action and are 
therefore not quantifiable.  Additional information regarding a cost-benefit 
analysis associated with the NRC's final rule issued on 05/29/2013 (74 FR 
32310) can be found in NRC's regulatory analysis document for this final rule 
(ADAMS Accession No. ML13079A302).  A copy of this analysis is available from 
the Division of Waste Management and Radiation Control Web site at 
https://deq.utah.gov/Divisions/dwmrc/index.htm.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/15/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by 
Internet E-mail at rlundberg@utah.gov
- Thomas Ball by phone at 801-536-0251, or by Internet E-mail at 
tball@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/16/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41992.htm

No. 41993 (Amendment): R313-21. General Licenses.
SUMMARY OF THE RULE OR CHANGE:  On 07/13/2017, the Waste Management and 
Radiation Control Board authorized the proposed changes to be published for 
public review and comment.  Proposed changes to Rules R313-12, R313-19, R313-
21, and R313-22 reflect those revisions made by the NRC to selected sections 
of 10 CFR Part 40, as promulgated on 05/29/2013 (78 FR 32310).  The majority 
of the changes are required to retain regulatory compatibility for the 
radioactive materials program, other proposed changes provide added 
clarification or correct textual errors.  Specifically, incorporating the 
revisions promulgated by the NRC into the appropriate sections of Rule R313-
21 require the initial distribution of source material to exempt persons or 
to general licensees be explicitly authorized by a specific license and 
institute new reporting requirements to provide timely information on the 
types and quantities of source material distributed for use either under 
exemption or by general licensees.  In addition, the rule modifies the 
existing possession and use requirements of the general license for small 
quantities of source material to better align the requirements with current 
health and safety standards.  The regulatory amendments will create a 
regulatory framework for the initial distribution of source material to 
inform the Division, in the event of any manufacturer or distributor of 
source material becomes licensed in Utah, of what types and quantities of 
products containing source material are distributed for use under the 
exemptions from licensing and to identify persons using significant 
quantities of source material under the general license in Section R313-21-
21.  It will also ensure that general licensees under Section R313-21-21 are 
informed of applicable regulations before they obtain source material.  Also, 
the proposed rule changes revise, clarify, or delete certain source material 
exemptions from licensing to make the exemptions more risk informed.  The 
NRC's final rule and the associated proposed rule changes in the Utah 
radiation control rules also affect the possession and use of source material 
under a general license or an applicable license exemption.  Proposed changes 
in Section R313-21-21 are being made to be compatible with the corresponding 
NRC regulations of 10 CFR 40.22 as promulgated on 05/29/2013 (78 FR 32310) 
regarding the distribution of certain quantities of source material 
(radioactive material containing uranium and/or thorium).  Additionally, 
other proposed changes set limits to the amount of radioactive source 
material in certain physical or chemical forms a general licensee can 
possess, use, or transfer at any one time or receive in a calendar year.  A 
general licensee exceeding these limits will be required to apply for and 
receive a specific license in place of a general license.  The edition date 
of the reference to 10 CFR 32.71 in Subsection R313-21-22(9)(d)(i) is updated 
to 2017.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no state agencies that manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  However, state 
academic institutions that may possess or use radioactive source material for 
research or other academic-related purposes beyond the proposed quantity 
limit may need to apply for and receive a specific licenses.  Any costs 
associated with the specific license application process and subsequent 
implementation procedures are unique to each licensing action and are 
therefore not quantifiable.  However, additional information regarding a 
cost-benefit analysis associated with the NRC's final rule issued on 
05/29/2013 (74 FR 32310) can be found in NRC's regulatory analysis document 
for this final rule (ADAMS Accession No. ML13079A302).  A copy of this 
analysis is available from the Division of Waste Management and Radiation 
Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- LOCAL GOVERNMENTS:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no local governments that manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  Additional 
information regarding a cost-benefit analysis associated with the NRC's final 
rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's regulatory 
analysis document for this final rule (ADAMS Accession No. ML13079A302).  A 
copy of this analysis is available from the Division of Waste Management and 
Radiation Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- SMALL BUSINESSES:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no small business in Utah that manufacture or distribute radioactive 
source material to either entities exempt from radioactive materials 
licensing requirements or to radioactive materials general licensees.  
However, a small business that may possess or use radioactive source material 
for commercial, operational, research, development, or other business-related 
purposes beyond the proposed quantity limit may need to apply for and receive 
a specific licenses.  Any costs associated with the specific license 
application process and subsequent implementation procedures are unique to 
each licensing action and are therefore not quantifiable.  Additional 
information regarding a cost-benefit analysis associated with the NRC's final 
rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's regulatory 
analysis document for this final rule (ADAMS Accession No. ML13079A302).  A 
copy of this analysis is available from the Division of Waste Management and 
Radiation Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The primary focus of the proposed rule changes is directed to 
manufacturers and distributors of radioactive source material (containing by 
definition a certain quantity of uranium or thorium).  There are no other 
entities in Utah that currently manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  However, a 
person that may possess or use radioactive source material for commercial, 
operational, research, development, or other business-related purposes beyond 
the proposed quantity limit may need to apply for and receive a specific 
licenses.  Any costs associated with the specific license application process 
and subsequent implementation procedures are unique to each licensing action 
and are therefore not quantifiable.  Additional information regarding a cost-
benefit analysis associated with the NRC's final rule issued on 05/29/2013 
(74 FR 32310) can be found in NRC's regulatory analysis document for this 
final rule (ADAMS Accession No. ML13079A302).  A copy of this analysis is 
available from the Division of Waste Management and Radiation Control Web 
site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The primary focus of the proposed 
rule changes is directed to manufacturers and distributors of radioactive 
source material (containing by definition a certain quantity of uranium or 
thorium).  There are no entities in Utah that manufacture or distribute 
radioactive source material to either entities exempt from radioactive 
materials licensing requirements or to radioactive materials general 
licensees.  However, a business or person that may possess or use radioactive 
source material for commercial, operational, research, development, or other 
business-related purposes beyond the proposed quantity limit may need to 
apply for and receive a specific licenses.  Any costs associated with the 
specific license application process and subsequent implementation procedures 
are unique to each licensing action and are therefore not quantifiable.  
Additional information regarding a cost-benefit analysis associated with the 
NRC's final rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's 
regulatory analysis document for this final rule (ADAMS Accession No. 
ML13079A302).  A copy of this analysis is available from the Division of 
Waste Management and Radiation Control Web site at 
https://deq.utah.gov/Divisions/dwmrc/index.htm.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The primary focus of the proposed rule changes is directed to 
manufacturers and distributors of radioactive source material (containing by 
definition a certain quantity of uranium or thorium).  There are no entities 
in Utah that manufacture or distribute radioactive source material to either 
entities exempt from radioactive materials licensing requirements or to 
radioactive materials general licensees.  However, a business or person that 
may possess or use radioactive source material for commercial, operational, 
research, development, or other business-related purposes beyond the proposed 
quantity limit may need to apply for and receive a specific licenses.  Any 
costs associated with the specific license application process and subsequent 
implementation procedures are unique to each licensing action and are 
therefore not quantifiable.  Additional information regarding a cost-benefit 
analysis associated with the NRC's final rule issued on 05/29/2013 (74 FR 
32310) can be found in NRC's regulatory analysis document for this final rule 
(ADAMS Accession No. ML13079A302).  A copy of this analysis is available from 
the Division of Waste Management and Radiation Control Web site at 
https://deq.utah.gov/Divisions/dwmrc/index.htm.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/15/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by 
Internet E-mail at rlundberg@utah.gov
- Thomas Ball by phone at 801-536-0251, or by Internet E-mail at 
tball@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/16/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41993.htm

No. 41994 (Amendment): R313-22. Specific Licenses.
SUMMARY OF THE RULE OR CHANGE:  On 07/13/2017, the Waste Management and 
Radiation Control Board authorized the proposed changes to be published for 
public review and comment.  Proposed changes to Rules R313-12, R313-19, R313-
21, and R313-22 reflect those revisions made by the NRC to selected sections 
of 10 CFR Part 40, as promulgated on 05/29/2013 (78 FR 32310).  The majority 
of the changes are required to retain regulatory compatibility for the 
radioactive materials program, other proposed changes provide added 
clarification or correct textual errors.  Specifically, incorporating the 
revisions promulgated by the NRC into the appropriate sections of Rule R313-
22 require the initial distribution of source material to exempt persons or 
to general licensees be explicitly authorized by a specific license and 
institute new reporting requirements to provide timely information on the 
types and quantities of source material distributed for use either under 
exemption or by general licensees.  In addition, the rule modifies the 
existing possession and use requirements of the general license for small 
quantities of source material to better align the requirements with current 
health and safety standards.  The regulatory amendments will create a 
regulatory framework for the initial distribution of source material to 
inform the Division, in the event of any manufacturer or distributor of 
source material becomes licensed in Utah, of what types and quantities of 
products containing source material are distributed for use under the 
exemptions from licensing and to identify persons using significant 
quantities of source material under the general license in Section R313-21-
21.  It will also ensure that general licensees under Section R313-21-21 are 
informed of applicable regulations before they obtain source material.  Also, 
the proposed rule changes revise, clarify, or delete certain source material 
exemptions from licensing to make the exemptions more risk informed.  The 
NRC's final rule and the associated proposed rule changes in the Utah 
radiation control rules also affect the possession and use of source material 
under a general license or an applicable license exemption.  The edition date 
of the reference to Appendix E of 10 CFR Part 20 in Section R313-22-4 is 
updated to 2017.  Proposed changes in Section R313-22-33 are being made to be 
compatible with the corresponding NRC regulations of 10 CFR 40.32 as 
promulgated on 05/29/2013 (78 FR 32310) regarding the distribution of certain 
quantities of source material (radioactive material containing uranium and/or 
thorium).  Two new subsections are being added in Sections R313-22-54 and 
R313-22-55 to be compatible with the corresponding NRC regulations of 10 CFR 
40.54 and 10 CFR 40.55, respectively, as promulgated on 05/29/2013 (78 FR 
32310) regarding the distribution, possession, use, or transfer of certain 
quantities of source material.  Revised references in Subsection R313-22-
75(11) in order to match renumbered paragraphs in Section R313-21-21.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no state agencies that manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  However, state 
academic institutions that may possess or use radioactive source material for 
research or other academic-related purposes beyond the proposed quantity 
limit may need to apply for and receive a specific licenses.  Any costs 
associated with the specific license application process and subsequent 
implementation procedures are unique to each licensing action and are 
therefore not quantifiable.  However, additional information regarding a 
cost-benefit analysis associated with the NRC's final rule issued on 
05/29/2013 (74 FR 32310) can be found in NRC's regulatory analysis document 
for this final rule (ADAMS Accession No. ML13079A302).  A copy of this 
analysis is available from the Division of Waste Management and Radiation 
Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- LOCAL GOVERNMENTS:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no local governments that manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  Additional 
information regarding a cost-benefit analysis associated with the NRC's final 
rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's regulatory 
analysis document for this final rule (ADAMS Accession No. ML13079A302).  A 
copy of this analysis is available from the Division of Waste Management and 
Radiation Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- SMALL BUSINESSES:  The primary focus of the proposed rule changes is 
directed to manufacturers and distributors of radioactive source material 
(containing by definition a certain quantity of uranium or thorium).  There 
are no small business in Utah that manufacture or distribute radioactive 
source material to either entities exempt from radioactive materials 
licensing requirements or to radioactive materials general licensees.  
However, a small business that may possess or use radioactive source material 
for commercial, operational, research, development, or other business-related 
purposes beyond the proposed quantity limit may need to apply for and receive 
a specific licenses.  Any costs associated with the specific license 
application process and subsequent implementation procedures are unique to 
each licensing action and are therefore not quantifiable.  Additional 
information regarding a cost-benefit analysis associated with the NRC's final 
rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's regulatory 
analysis document for this final rule (ADAMS Accession No. ML13079A302).  A 
copy of this analysis is available from the Division of Waste Management and 
Radiation Control Web site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The primary focus of the proposed rule changes is directed to 
manufacturers and distributors of radioactive source material (containing by 
definition a certain quantity of uranium or thorium).  There are no other 
entities in Utah that currently manufacture or distribute radioactive source 
material to either entities exempt from radioactive materials licensing 
requirements or to radioactive materials general licensees.  However, a 
person that may possess or use radioactive source material for commercial, 
operational, research, development, or other business-related purposes beyond 
the proposed quantity limit may need to apply for and receive a specific 
licenses.  Any costs associated with the specific license application process 
and subsequent implementation procedures are unique to each licensing action 
and are therefore not quantifiable.  Additional information regarding a cost-
benefit analysis associated with the NRC's final rule issued on 05/29/2013 
(74 FR 32310) can be found in NRC's regulatory analysis document for this 
final rule (ADAMS Accession No. ML13079A302).  A copy of this analysis is 
available from the Division of Waste Management and Radiation Control Web 
site at https://deq.utah.gov/Divisions/dwmrc/index.htm.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The primary focus of the proposed 
rule changes is directed to manufacturers and distributors of radioactive 
source material (containing by definition a certain quantity of uranium or 
thorium).  There are no entities in Utah that manufacture or distribute 
radioactive source material to either entities exempt from radioactive 
materials licensing requirements or to radioactive materials general 
licensees.  However, a business or person that may possess or use radioactive 
source material for commercial, operational, research, development, or other 
business-related purposes beyond the proposed quantity limit may need to 
apply for and receive a specific licenses.  Any costs associated with the 
specific license application process and subsequent implementation procedures 
are unique to each licensing action and are therefore not quantifiable.  
Additional information regarding a cost-benefit analysis associated with the 
NRC's final rule issued on 05/29/2013 (74 FR 32310) can be found in NRC's 
regulatory analysis document for this final rule (ADAMS Accession No. 
ML13079A302).  A copy of this analysis is available from the Division of 
Waste Management and Radiation Control Web site at 
https://deq.utah.gov/Divisions/dwmrc/index.htm.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The primary focus of the proposed rule changes is directed to 
manufacturers and distributors of radioactive source material (containing by 
definition a certain quantity of uranium or thorium).  There are no entities 
in Utah that manufacture or distribute radioactive source material to either 
entities exempt from radioactive materials licensing requirements or to 
radioactive materials general licensees.  However, a business or person that 
may possess or use radioactive source material for commercial, operational, 
research, development, or other business-related purposes beyond the proposed 
quantity limit may need to apply for and receive a specific licenses.  Any 
costs associated with the specific license application process and subsequent 
implementation procedures are unique to each licensing action and are 
therefore not quantifiable.  Additional information regarding a cost-benefit 
analysis associated with the NRC's final rule issued on 05/29/2013 (74 FR 
32310) can be found in NRC's regulatory analysis document for this final rule 
(ADAMS Accession No. ML13079A302).  A copy of this analysis is available from 
the Division of Waste Management and Radiation Control Web site at 
https://deq.utah.gov/Divisions/dwmrc/index.htm.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/15/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by 
Internet E-mail at rlundberg@utah.gov
- Thomas Ball by phone at 801-536-0251, or by Internet E-mail at 
tball@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/16/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41994.htm



GOVERNOR
ECONOMIC DEVELOPMENT
No. 41986 (Amendment): R357-11. Technology Commercialization and Innovation 
Program (TCIP).
SUMMARY OF THE RULE OR CHANGE:  The current rule requires payment be made 
only on a reimbursement basis.  This requirement is being removed because the 
program is designed to provide gap financing for technologies that are ready 
to move to a commercialization phase.  The reimbursement requirement was 
found to be prohibitive causing awardees to forfeit the award altogether.  
The rule also references the requirement for matching funds which again 
became a prohibitive requirement that forced awardees to forego receiving an 
award and countering the legislative intent of the program.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment does not affect the state budget because 
the program this rule regulates receives an appropriation which serves as the 
only source of funding the state provides.  This rule does not require more 
administrative overhead to implement.
- LOCAL GOVERNMENTS:  This amendment does not affect local governments 
because local governments cannot apply for this grant.
- SMALL BUSINESSES:  This amendment does not affect small businesses because 
it does not place any new regulations or requirements on small business 
generally.  Moreover, this amendment will likely increase access to this 
grant allowing more small business to apply without prohibitive requirements 
or costs.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no other persons affected by this amendment because only 
business can apply for this grant.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be no compliance costs 
associated with this amendment because the office will use already existing 
resources to implement the requirements of the program outlined in this rule 
and in statute.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This amendment will not impact small businesses fiscally in a 
negative way because it does not create any new regulations.  It will 
actually allow more small businesses the ability to use the program as it was 
intended by the legislature.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by 
Internet E-mail at jeffreyvan@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41986.htm



HEALTH
FAMILY HEALTH AND PREPAREDNESS, LICENSING
No. 41969 (Amendment): R432-2. General Licensing Provisions.
SUMMARY OF THE RULE OR CHANGE:  The rule amendment modifies what facility 
ownership information is required to be submitted during the licensing 
process, it deletes unnecessary items and adds the email address and physical 
address.  The definition that is added in Subsection R432-2-7(3) is one that 
is currently used in this rule in another section.  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 modifies the rule 
to fit with current agency practices.
- 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 
modifies the rule to fit with current agency practices.
- 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 
modifies the rule to fit with current agency practices.
- 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 modifies the rule to fit with current 
agency practices.
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 
modifies the rule to fit with current agency practices.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
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:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41969.htm

No. 41961 (Amendment): R432-100. General Hospital Standards.
SUMMARY OF THE RULE OR CHANGE:  The rule amendment defines which courses can 
be utilized to certify hospital staff in CPR.  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 clarifies 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 
clarifies 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 
clarifies 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 clarifies 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 
clarifies the rule requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
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:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41961.htm

No. 41966 (Amendment): R432-150. Nursing Care Facility.
SUMMARY OF THE RULE OR CHANGE:  The rule amendment defines which courses can 
be utilized to certify Nursing Care Facility staff in CPR.  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 clarifies 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 
clarifies 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 
clarifies 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 clarifies 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 
clarifies the rule requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
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:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41966.htm

No. 41970 (Amendment): R432-270. Assisted Living Facilities.
SUMMARY OF THE RULE OR CHANGE:  The rule amendment defines which courses can 
be utilized to certify Assisted Living Facilities staff in CPR.
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 clarifies 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 
clarifies 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 
clarifies 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 clarifies 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 
clarifies the rule requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
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:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41970.htm

No. 41964 (Amendment): R432-550. Birthing Centers.
SUMMARY OF THE RULE OR CHANGE:  The rule amendment defines which courses can 
be utilized to certify Birthing Centers staff in CPR.  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 clarifies 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 
clarifies 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 
clarifies 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 clarifies 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 
clarifies the rule requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
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:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41964.htm

No. 41959 (Amendment): R432-650. End Stage Renal Disease Facility Rules.
SUMMARY OF THE RULE OR CHANGE:  The rule amendment adds requirements for 
staff to be certified in CPR Certification, defines which courses can be 
utilized to certify staff in CPR.  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 clarifies 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 
clarifies 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 
clarifies 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 clarifies 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 
clarifies the rule requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
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:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41959.htm

No. 41960 (Amendment): R432-700. Definitions.
SUMMARY OF THE RULE OR CHANGE:  The rule amendment defines which courses can 
be utilized to certify Home Health Agency staff in CPR.
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 clarifies 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 
clarifies 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 
clarifies 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 clarifies 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 
clarifies the rule requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
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:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41960.htm

No. 41965 (Amendment): R432-750. Hospice Rule.
SUMMARY OF THE RULE OR CHANGE:  The rule amendment defines which courses can 
be utilized to certify Hospice staff in CPR.  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 clarifies 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 
clarifies 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 
clarifies 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 clarifies 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 
clarifies the rule requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
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:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41965.htm



HUMAN SERVICES
RECOVERY SERVICES
No. 41929 (New Rule): R527-36. Collection of Child Support After a 
Termination of Parental Rights or Adoption.
SUMMARY OF THE RULE OR CHANGE:  The first section of the rule provides the 
authority of the Office of Recovery Services (ORS) to create rules, as well 
as information that the purpose of this rule is to specify how ORS will 
proceed with collection of child support arrears when parental rights have 
been terminated or an adoption order has been completed.  The second section 
explains that pursuant to Sections 78A-6-513 and 78B-6-138, a parent's legal 
obligation to pay child support is released when there is a termination of 
parental rights or an adoption order.  This section further clarifies that 
based on those statutes, ORS will not continue with collection of child 
support arrears unless the parental termination of rights or adoption order 
specifically preserves an arrears balance to be collected.  Finally, this 
section recognizes that there is an exception to this approach for children 
placed in the care or custody of the state due to another existing 
administrative rule, Rule R495-882.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no costs or savings to the state budget 
associated with this rule as the procedures outlined in the rule clarify for 
the public existing child support collection procedures followed by ORS when 
parental rights are terminated or when an adoption is completed.
- LOCAL GOVERNMENTS:  Administrative rules of ORS do not apply to local 
government; therefore, there are no anticipated costs or savings for any 
local government entities due to this new rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings for small 
businesses as a result of this new rule.  This rule clarifies for the public 
existing child support collection procedures followed by ORS when parental 
rights are terminated or when an adoption is completed.  These procedures do 
not affect small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to persons other than 
small businesses, businesses, or local government entities as a result of 
this new rule.  This rule clarifies for the public existing child support 
collection procedures followed by ORS when parental rights are terminated or 
when an adoption is completed.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs 
associated with this rule as this rule creates no new procedures or required 
actions for affected persons.  This rule clarifies for the public existing 
child support collection procedures followed by ORS when parental rights are 
terminated or when an adoption is completed.
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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet 
E-mail at cacole@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
- Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by 
Internet E-mail at sweigh2@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41929.htm


SERVICES FOR PEOPLE WITH DISABILITIES
No. 41953 (Amendment): R539-1. Eligibility.
SUMMARY OF THE RULE OR CHANGE:  This amendment modifies the brain injury 
eligibility requirement regarding the scoring range on the comprehensive 
Brain Injury Assessment.  The change specifically changes the ranges from 40-
120 to 36-126.  The change is based on a statistical analysis.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The rule amendment changes the scoring range for the 
CBIA, there is no anticipated cost or savings as a result of this amendment.  
This amendment will have no effect on state budget.
- LOCAL GOVERNMENTS:  The rule amendment changes the scoring range for the 
CBIA, there is no anticipated cost or savings as a result of this amendment.  
This amendment will have no effect on local government.
- SMALL BUSINESSES:  The rule amendment changes the scoring range for the 
CBIA, there is no anticipated cost or savings as a result of this amendment.  
This amendment will not effect small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The rule amendment changes the scoring range for the CBIA, there is 
no anticipated cost or savings as a result of this amendment.  The amendment 
will have no impact on business, local or state government agencies.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule amendment changes the 
scoring range for the CBIA, there is no anticipated cost or savings as a 
result of this amendment.  This amendment will result in no compliance costs 
for affected person or the Division.
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 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jolene Hanna by phone at 801-538-4154, or by Internet E-mail at 
jhanna@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:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41953.htm


JUVENILE JUSTICE SERVICES
No. 41963 (Amendment): R547-13. Guidelines for Admission to Secure Youth 
Detention Facilities.
SUMMARY OF THE RULE OR CHANGE:  As per feedback from stakeholders, the 
changes will clarify sections that may be unclear or could be interpreted in 
different ways.  The changes will also include proper citation of Utah Code 
and creating consistent language throughout the rule.  This rule change 
continues to promote public safety and hold juvenile offenders accountable.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  It is anticipated that implementation of H.B. 239 (2017) 
will affect detention populations by:  1) reducing the numbers of youth that 
are eligible for admission to detention by law enforcement as a result of the 
proposed changes in Rule R547-13 as directed by H.B. 239; 2) reducing the 
time a youth may be in detention while awaiting placement as directed by H.B. 
239; and 3) limiting the number of days court dispositions to detention, such 
as contempt.  The agency is expecting a reduction to detention populations as 
a result of all aspects of H.B. 239.  Variable costs associated with the 
reduction result in a savings to the agency of approximately $65,800 per 
year.  It is estimated that 34% of that ($22,372) would be attributed to 
changes in Rule R547-13.  Variable costs are defined as those costs directly 
related to costs that change as a result of population changes.  They include 
items such as client food, client clothing, janitorial supplies, client 
medical costs, client support costs, household supplies, and laundry costs.  
It is expected that variable costs will increase in receiving centers as a 
result of changes to Rule R547-13 but actual costs are unknown at this time.
- LOCAL GOVERNMENTS:  With the changes to Rule R547-13, law enforcement will 
not be able to take as many youth to detention facilities as they previously 
have and will instead have the option of taking them to receiving centers.  
Since receiving centers are located in close proximity to detention 
facilities, it was determined that this proposed rule change will have no 
fiscal impact on law enforcement.
- SMALL BUSINESSES:  The Division purchases certain variable operating 
expense items from business such as client food, client clothing, janitorial 
supplies, client medical costs, client support costs, household supplies, and 
laundry costs.  As mentioned under state budget costs above, the agency 
anticipates a reduction in spending of approximately $22,372 per year in 
variable costs.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: After conducting a thorough analysis, it was determined that this 
proposed rule change will not result in a fiscal impact to persons other than 
small businesses, businesses, or local government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  After conducting a thorough analysis, 
it was determined that this proposed rule change will not result in a fiscal 
costs to affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Due to a reduction in the number of youth eligible for secure 
detention, there may be a minimal reduction in business revenue.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Janene Parry by phone at 801-538-4413, by FAX at 801-538-4334, or by 
Internet E-mail at jclarsen@utah.gov
- Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by 
Internet E-mail at judyhammer@utah.gov
- Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjonesrobbins@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41963.htm



INSURANCE
ADMINISTRATION
No. 41955 (Repeal): R590-205. Privacy of Consumer Information Compliance 
Deadline.
SUMMARY OF THE RULE OR CHANGE:  The rule is being repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because the requirement contained in the rule is now covered under 
Rule R590-206.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government because the requirement contained in the rule is now covered under 
Rule R590-206.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
business because the requirement contained in the rule is now covered under 
Rule R590-206.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to any other persons 
because the requirement contained in the rule is now covered under Rule R590-
206.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons because the requirement contained in the rule is now covered 
under Rule R590-206.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I: IDENTIFY WHETHER THE PROPOSED RULE WILL HAVE A FISCAL IMPACT 
TO BUSINESS — The repeal of this rule removes a surplus version of the same 
requirement that is now contained in R590-206, Privacy of Consumer Financial 
and Health Information Rule. The requirement still exists, just in a 
different rule; therefore, the net effect is zero. After conducting a 
thorough analysis, it was determined that this proposed rule will not result 
in a fiscal impact to businesses. PARTS II-IV are unnecessary because there 
is no fiscal impact. PART V: DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS — The 
department conducted a thorough analysis of the impact that this repeal will 
have on businesses. The net effect of the repeal is zero, due to the 
requirement still existing in another rule. There is no fiscal impact on any 
businesses as a result of this repeal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
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
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41955.htm



LABOR COMMISSION
BOILER AND ELEVATOR SAFETY
No. 41951 (Amendment): R616-2-3. Safety Codes and Rules for Boilers and 
Pressure Vessels.
SUMMARY OF THE RULE OR CHANGE:  The adoption of most recent safety codes as 
they apply to boilers and pressure vessels in the state of Utah as follows:  
the National Board Inspection Code ANSI/NB-23 - 2017 Part 3.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The initial cost to purchase all of these codes books 
both for the Division of Boiler, Elevator and Coal Mine Safety and for 
Administrative Rules was $650.  Other than the cost to purchase these books, 
the Division is not aware of any other cost that will be incurred, at the 
time of installation or during maintenance, due to the adoption of these 
codes.
- LOCAL GOVERNMENTS:  Other than the cost to purchase these books, if 
desired, the Division is not aware of any other cost that will be incurred by 
local governments, at the time of installation or during maintenance, due to 
the adoption of these codes.
- SMALL BUSINESSES:  Other than the cost to purchase these books, if desired, 
the Division is not aware of any other cost that will be incurred by small 
businesses, at the time of installation or during maintenance, due to the 
adoption of these codes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Other than the cost to purchase these books, if desired, the 
Division is not aware of any other cost that will be incurred by persons 
other than small businesses, businesses, or local government entities, at the 
time of installation or during maintenance, due to the adoption of these 
codes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Other than the cost to purchase these 
books, if desired, the Division is not aware of any other cost that will be 
incurred, at the time of installation or during maintenance, due to the 
adoption of these codes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Other than the cost to purchase these books, if desired, the 
Commissioner is not aware of any other cost that will be incurred, at the 
time of installation or during maintenance, due to the adoption of these 
codes.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by 
Internet E-mail at awindham@utah.gov
- Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by 
Internet E-mail at phackford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41951.htm

No. 41950 (Amendment): R616-3-4. Inspector Qualification.
SUMMARY OF THE RULE OR CHANGE:  This change removes the reference to ASME QEI 
-1 from Inspector Qualification allowing the Division flexibility in 
obtaining accreditation for elevator inspectors.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no cost to the state budget associated with 
this change, as this change will allow the Division more flexibility in 
obtaining accreditation for elevator inspectors.
- LOCAL GOVERNMENTS:  There is no cost to any local government associated 
with this change as local governments do not have elevator inspectors.
- SMALL BUSINESSES:  There is no cost to small businesses associated with 
this change as small businesses do not have elevator inspectors.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost associated with this change as only the state has 
elevator inspectors.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no cost associated with this 
change, as this change will allow the Division more flexibility in obtaining 
accreditation for elevator inspectors.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After thorough analysis, it has been determined that this 
amendment has no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by 
Internet E-mail at awindham@utah.gov
- Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by 
Internet E-mail at phackford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41950.htm

No. 41949 (Amendment): R616-3-14. Remodeled Elevators.
SUMMARY OF THE RULE OR CHANGE:  This change removes Subsection R616-3-14(B) 
because the language is unnecessary and confusing.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no cost to the state budget associated with 
this change as it simply removes unnecessary and confusing language.
- LOCAL GOVERNMENTS:  There is no cost to any local government associated 
with this change as it simply removes unnecessary and confusing language.
- SMALL BUSINESSES:  There is no cost to small businesses associated with 
this change as it simply removes unnecessary and confusing language.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost associated with this change as it simply removes 
unnecessary and confusing language.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no cost associated with this 
change as it simply removes unnecessary and confusing language.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After thorough analysis, it has been determined that this 
amendment has no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by 
Internet E-mail at awindham@utah.gov
- Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by 
Internet E-mail at phackford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41949.htm



NATURAL RESOURCES
PARKS AND RECREATION
No. 41952 (Amendment): R651-412-4. Curriculum Standards.
SUMMARY OF THE RULE OR CHANGE:  The Off-Highway Vehicle (OHV) Program is to 
adopt and pursue an OHV safety education program according to Section 41-22-
1.  Any outside provider that submits OHV education materials are required to 
meet minimum curriculum standards as identified in Section R651-412-4.  The 
approval of these outside providers rests upon the OHV program.  The purpose 
of this amendment is to remove the reference to R651-408(1) as it is no 
longer needed in the rule.  This language change would be consistent with 
current program operations and keep the Division of Parks and Recreation 
operating within the rule guidance.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The rule change will not increase nor save any funding 
for the state.  This rule change just merely removes a rule number that no 
longer exists.  It is basically a language clean up for Section R651-412-4.
- LOCAL GOVERNMENTS:  The rule change will not affect any local government 
operations, or budget as the rule is a language clean up.  This rule change 
just merely removes a rule number that no longer exists.
- SMALL BUSINESSES:  The rule change will not affect small businesses as the 
rule is language clean up.  This rule change just merely removes a rule 
number that no longer exists and is directed towards Division representatives 
approving submitted off-highway vehicle education course curriculum.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule will not affect any individuals as Section R651-412-4 
cleans up language in which directs private course providers to submit proper 
off highway vehicle education course materials, for approval by the Division, 
to follow applicable state and federal laws.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs.  This 
amendment is a language clean up and merely removes a previous rule number 
that no longer exists.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There should be no effect on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by 
Internet E-mail at tammywright@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41952.htm



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 41989 (Amendment): R746-1. Public Service Commission Administrative 
Procedures Act Rule.
SUMMARY OF THE RULE OR CHANGE:  Intervenors are required to file briefs, 
memoranda, etc. in accordance with deadlines set forth in the PSC's 
scheduling order, and may not file public comments.  Attorneys not licensed 
in Utah may appear before the PSC after providing to the PSC a certificate of 
good standing from the state where licensed.  The Open and Public Meetings 
Act contains provisions addressing electronic meetings and minutes of open 
meetings.  These amendments address both of these provisions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The rule amendments dealing with intervention and 
attorney representation are for clarification.  They do not create any new 
obligation or program that would increase the PSC's administrative burden.  
Therefore, no fiscal impact to the state budget is anticipated from these 
changes.  The proposed amendment dealing with electronic meetings could 
affect the local budget if the Public Service Commission's (PSC's) bridge 
number is used for a telephonic meeting.  Costs of $0.02 a minute per user 
could be incurred by the PSC.
- LOCAL GOVERNMENTS:  Local governments are not required to comply with or 
administer the rules that are amended by this filing.  Therefore, no fiscal 
impact to local government is anticipated.
- SMALL BUSINESSES:  The rule change requiring intervening businesses, 
including small businesses, to comply with the PSC's scheduling order will 
not create costs because such businesses are not required to make filings at 
all.  However, if they choose to make filings, they must do so according to 
the deadlines set by the PSC.  The rule change regarding representation of a 
party by an attorney will not affect businesses, including small businesses, 
that have a primary place of business in Utah.  Utah businesses uniformly 
hire local counsel to assist them in proceedings before the PSC and will not 
be affected by this rule change.  However, a business that has a primary 
place of business outside of Utah and that seeks authorization to provide 
utility service within the state will be affected positively.  Most such 
businesses use an attorney to ensure compliance with all regulations, but 
they rarely employ an attorney who is licensed in Utah. Historically, out-of-
state attorneys have been required to apply for pro hac vice admission to the 
Utah State Bar, which costs $300.  They have also been required to partner 
with local counsel, which means that the business must pay an hourly rate 
(generally between $150 and $450 per hour) for two attorneys rather than for 
one.  The rule change exempting out-of-state attorneys from the pro hac vice 
admission requirement and the local partnership requirement will result in 
significant savings for small businesses outside of Utah.  Such businesses 
will save at least $300 (the pro hac vice admission fee) in each proceeding 
before the PSC.  As to electronic meetings, if the PSC's bridge number is not 
used for a call, and the business or representative of the business would 
like to use their own personal device, they will incur the cost of the call 
at the rate of their wireless plan or a long distance charge if calling from 
a landline.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Affected persons that intervene in a PSC proceeding must comply 
with any scheduling order issued by the PSC, but are not required to take any 
action that has associated costs.  Persons that retain the assistance of 
counsel in appearing before the PSC may hire an attorney who is licensed 
outside of Utah without incurring fees to the Utah State Bar and without 
having to pay a Utah attorney to partner with the out-of-state attorney.  At 
a minimum, such person will save the $300 fee for pro hac vice admission to 
the Utah State Bar.  Such person will also save the hourly charges that would 
otherwise be incurred to the Utah attorney.  It is very likely that affected 
persons who live in Utah will hire local counsel.  Therefore, the persons 
most likely to be positively affected by this rule amendment are those that 
live/operate out of state.  As to electronic meetings, if the PSC's bridge 
number is not used for a call, and the individual would like to use their own 
personal device, they will incur the cost of the call at the rate of their 
wireless plan or a long distance charge if calling from a landline.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  To comply, intervenors must make any 
filings according to the PSC's scheduling order.  There are no associated 
costs.  Persons that wish to use out-of-state attorneys to assist them in 
proceedings before the PSC are relieved of current requirements, with 
associated savings of at least $300.  This amendment regarding electronic 
meetings should have no impact on compliance costs for affected persons.  The 
rule is only being amended to enact the provisions consistent with the open 
and public meetings act.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As stated in the rule analysis, no fiscal impact to businesses 
is anticipated by adding language to govern electronic meetings and 
intervention.  The rule amendment regarding attorney representation relieves 
an affected business from costs that would otherwise be required before an 
out-of-state attorney could represent the business before the PSC.  Those 
costs include a $300 application fee for the out-of-state attorney to obtain 
pro hac vice admission to the Utah State Bar.  The costs would also include 
the hourly rate (generally between $150 and $450 per hour) of a Utah-licensed 
attorney to act as local counsel.  It should be emphasized that this positive 
fiscal impact is anticipated to affect only out-of-state businesses, because 
Utah businesses uniformly hire or retain local counsel.  Therefore, after 
conducting a thorough analysis, it was determined that this proposed rule 
change will not result in a fiscal impact to Utah businesses.  Any fiscal 
impact to out-of-state business will be positive, in the amount of at least 
$300.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at 
jjonsson@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41989.htm



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 41985 (Amendment): R986-700. Child Care Assistance.
SUMMARY OF THE RULE OR CHANGE:  The state's child care subsidy program is 
funded primarily through the federal Child Care and Development Fund (CCDF).  
Congress passed a reauthorization of the CCDF (42 U.S.C. 9858 et seq.) in 
November 2014, and regulations implementing the reauthorized CCDF 
requirements became final in November 2016 (see 45 CFR Part 98; 81 FR 67438).  
These regulations imposed new requirements on states receiving CCDF monies.  
In particular, the regulations require states to provide child care subsidies 
during certain allowable "temporary change" periods following a change in 
circumstances for a parent client receiving a subsidy.  The regulations also 
require additional classes of child care providers and their employees to 
undergo background checks as a condition of being employed in a facility that 
receives CCDF funding.  The present rule sets forth eligibility criteria, 
reporting requirements, and application procedures for the "temporary change" 
program.  It also codifies the requirements for license-exempt child care 
providers that receive CCDF funds to obtain background checks for all 
employees who will have unsupervised access to children as well as family 
members living in the home or facility where the child care is being 
provided.  The rule also discards a provision allowing the Department to 
excuse a provider or individual from the background check requirement.  In 
addition, the rule makes other changes that are primarily aimed at making the 
Department of Workforce Services' enforcement efforts more effective and 
codifying Department policy where necessary for enforcement.  Specifically, 
the rule provides new standards for client reporting of material changes in 
their circumstances, spells out when multiple providers may be paid on one 
client s behalf in a given month, changes the monthly reporting timeframes 
for providers, removes the threat of an overpayment for providers caring for 
children that are not in child care by the 15th of each month (so long as the 
provider timely reports the child's absence), changes the enforcement 
timeframe for record-keeping by providers to bring it in line with other 
elements of the existing rule, sets out a certification procedure for 
providers to follow to certify the monthly attendance of children who receive 
child care subsidies, and formalizes Department rules regarding the need for 
an Employer Identification Number or other tax ID number for each provider.  
Further, the rule makes technical changes to appeal procedures for those 
seeking to appeal adverse actions.  Specifically, the rule clarifies that 
appeals of licensing-related issues are to be made to the Office of Child 
Care Licensing, which enforces those requirements, and also formally allows 
for providers who are removed from approved provider status to appeal that 
decision in the same manner as those that appeal a provider disqualification.  
Finally, the rule closes client eligibility pathways that were intended to be 
closed previously but were not effectively closed in the prior rule, such as 
eligibility for clients who receive less than eight hours of child care per 
month and clients who regularly care for their own children as part of their 
employment.  These changes are expected to save funds for the Department and 
will bring the eligibility requirements more in line with the purposes of the 
child care program.  The Department has rulemaking authority under Section 
35A-3-310.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The following changes are not expected to impact the 
state budget:  Defining allowable temporary changes by rule will not impact 
the state budget because allowable temporary changes are already being 
approved as per existing Department policy, consistent with the 2016 
amendments to 45 CFR 98.21.  The changes to the qualification procedure for 
temporary change child care will not impact the state budget because the 
changes merely formalize and clarify existing Department procedures for 
qualifying for and receiving temporary change child care.  The criteria for 
when a subsidy payment may be made to two providers in one month will not 
impact the state budget because the criteria represent existing Department 
policy and are simply being clarified.  The removal of approval for hourly 
child care centers to receive child care payments will not impact the state 
budget because no hourly centers are approved currently, and hourly centers 
are not eligible to be licensed by the Office of Child Care Licensing. 
Directing provider appeals of child care licensing-related issues to the 
Office of Child Care Licensing will not impact the state budget because no 
hearings have been previously held, and because changing which office 
administers any future hearing will not affect the cost of such hearing.  
Providing specific enforcement authority for the three-year provider record-
keeping requirement will not impact the state budget because providers were 
already required to keep records for three years under Section R986-700-706.  
Allowing for removal of a provider from approved status for failure to 
provide an Employer Identification Number or other tax ID number will not 
impact the state budget because the rule change simply codifies and clarifies 
existing Department policy.  Allowing providers to appeal a decision to 
remove them from approved provider status will not impact the state budget 
because no provider has ever sought to appeal removal from approved status, 
because any appeal would have had to be heard previously in any event because 
of Utah Administrative Procedure Act requirements, and because the 
Department's experience is that providers that lose their approved status but 
are not disqualified primarily direct their efforts toward regaining approved 
status by coming into compliance with Department rules and policies rather 
than protesting the Department's decision to remove them from approved 
status.  The removal of the Department's authority to exempt covered 
individuals working in child care centers from exclusion due to missing or 
disqualifying background check results will not impact the state budget 
because the Department had never used this authority and had no intention of 
using it in the future.  The change to background check requirements for 
license-exempt child care programs will not impact the state budget because 
the cost of the background check is passed on to the provider requesting the 
check.  The following changes may impact the state budget: The minimum 
requirement of eight hours of care per month for child care eligibility is 
expected to impact the state budget.  The Department expects to save 
subsidies of approximately $3,000 per month for children who would no longer 
be eligible for child care subsidy under the new rule because they fall under 
the eight-hour threshold.  The denial of child care subsidy payments to 
clients who watch their own children in other than temporary or emergency 
circumstances is expected impact the state budget.  The Department expects to 
save subsidies of approximately $10,000 per month for children who would no 
longer be eligible for child care subsidy under the new rule because they are 
regularly cared for by their parents. The changes to client reporting 
requirements may impact the state budget because of a possible change in the 
number of overpayments assessed due to the failure of clients to report 
additional changes in their circumstances as required by the new rules.  
However, the Department does not anticipate a change in the number of 
overpayments caused by the new reporting requirements because previous 
changes to client reporting requirements in 2005 do not appear to have 
resulted in a change in the number of overpayments.  The requirement that 
allowable temporary changes be reported may impact the state budget because 
of a possible change in the number of overpayments assessed due to the 
failure of clients to report additional changes in their circumstances as 
required by the new rules.  However, the Department does not anticipate a 
change in the number of overpayments caused by the new reporting requirements 
because there does not appear to have been a change in the number of 
overpayments caused by the de facto removal of the reporting requirement for 
temporary change child care when the program was instituted in October 2016.  
The changes in provider reporting timeframes may have an impact on the state 
budget because the Department anticipates having fewer overpayments to 
process with reporting occurring on the 25th as opposed to the 15th of the 
month.  The Department anticipates savings to the state budget but cannot 
provide an estimate of the anticipated savings on account of the difficulty 
in determining whether and to what extent providers will report in a timelier 
manner with a more forgiving reporting deadline. No longer assessing an 
overpayment when a client meets the eight-hour requirement after the 25th of 
the month, so long as the provider is timely in its reporting to the 
Department, may have an impact on the state budget.  The Department 
anticipates potential savings to the state budget in an as-yet-undetermined 
amount from administering fewer overpayments.  Implementing the requirement 
that providers certify, on a monthly basis, the attendance of children for 
whom child care subsidies are being received is expected to result in costs 
of approximately $400 to the Department to implement the software to be used 
for the certification program.  No meaningful costs are anticipated from 
provider education efforts or notification to providers of noncompliance with 
certification requirements, since those tasks will be integrated into the 
existing pattern of communication with providers without additional cost.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
governments because the child care program is administered at the state level 
and does not rely on local government administration or enforcement.
- SMALL BUSINESSES:  Most if not all child care providers in the state meet 
the definition of small businesses, and the impacts or lack of impacts to 
them from the rule changes are described below.  No other category of small 
business is expected to experience an impact from the rule changes because 
providers are the only category of small business subject to the child care 
rules.  The following changes are not expected to impact small businesses:  
The minimum requirement of eight hours of care per month for child care 
eligibility will not impact small businesses because providers were already 
subject to an overpayment under Section R986-700-715 for clients who received 
less than eight hours of care per month.  The change in client reporting 
requirements for changed circumstances will not impact small businesses 
because a change in what clients have to report does not affect the provider 
reporting burden.  The requirement that allowable temporary changes be 
reported by clients will not impact small businesses because the change 
impacts only what clients have to report, not what providers have to report.  
Defining allowable temporary changes by rule will not impact small businesses 
because allowable temporary changes are already being approved for child care 
clients as per existing department policy, consistent with the 2016 
amendments to 45 CFR 98.21.  The changes to the qualification procedure for 
temporary change child care will not impact small businesses because the 
changes merely formalize and clarify existing department procedures for 
qualifying for and receiving temporary change child care.  The criteria for 
when a subsidy payment may be made to two providers in one month will not 
impact small businesses because the criteria represent existing department 
policy and are simply being clarified.  The removal of approval for hourly 
child care centers to receive child care payments will not impact small 
businesses because no hourly centers are approved currently, and hourly 
centers are not eligible to be licensed by the Office of Child Care 
Licensing.  Directing provider appeals of child care licensing-related issues 
to the Office of Child Care Licensing will not impact small businesses 
because no hearings have been previously held, and because changing which 
office administers any future hearing will not affect the cost of such 
hearing.  The changes in timeframes for provider reporting will not impact 
small businesses because the change in timeframes allows additional time for 
providers to report each month, and because no additional reporting burden is 
being imposed on providers beyond what they are already required to report to 
the department.  Providing specific enforcement authority for the three-year 
provider record-keeping requirement will not impact small businesses because 
providers were already required to keep records for three years under Section 
R986-700-706.  Allowing for removal of a provider from approved status for 
failure to provide an Employer Identification Number or other tax ID number 
will not impact small businesses because, per existing department policy, 
providers were already subject to removal from approved provider status if 
they failed to provide this information.  Allowing providers to appeal a 
decision to remove them from approved provider status will not impact small 
businesses because no provider has ever sought to appeal removal from 
approved status, because any appeal would have had to be heard previously in 
any event because of Utah Administrative Procedure Act requirements, and 
because the department's experience is that providers that lose their 
approved status but are not disqualified primarily direct their efforts 
toward regaining approved status by coming into compliance with department 
rules and policies rather than protesting the department's decision to remove 
them from approved status.  The removal of the department's authority to 
exempt covered individuals working in child care centers from exclusion due 
to missing or disqualifying background check results will not impact small 
businesses because the department had never used this authority and has no 
intention of using it in the future.  The following changes may impact small 
businesses:  The denial of child care subsidy payments to clients who watch 
their own children in other than temporary or emergency circumstances may 
impact small businesses because providers for these clients will no longer 
receive subsidies on behalf of these clients' children.  The average cost of 
these lost subsidies is expected to be approximately $8 per provider per 
month, although that average is skewed by the fact that many providers have 
no cases that would be affected while those with affected cases would have 
higher costs.  The changes in provider reporting timeframes are expected to 
result in savings to small businesses, specifically, to providers that will 
now have additional time to timely report to the department and therefore 
avoid overpayment assessment.  The amount of savings cannot be determined 
until the department observes how providers respond to having more time to 
report.  No longer assessing an overpayment when a client meets the eight-
hour requirement after the 25th of the month, so long as the provider is 
timely in its reporting to the department, may affect small businesses.  
Specifically, providers may save an as-yet-undetermined amount from receiving 
fewer overpayments due to children meeting the eight-hour threshold late in 
the month.  The requirement that providers certify the attendance of all 
children receiving subsidies on a monthly basis may impact small businesses 
because providers who fail to certify for three months out of any six-month 
period will be disqualified from receiving child care subsidies.  The 
department is unable to anticipate how many providers will be disqualified 
due to this requirement but believes its provider outreach efforts will 
sufficiently inform providers of the certification requirement and prevent 
disqualification for all providers except those that willfully fail to engage 
in the certification process.  Previous changes to reporting requirements 
have not resulted in a substantial increase in disqualifications or other 
adverse actions against providers.  Further, the certification requirement 
does not take effect immediately, so providers will have time to become 
accustomed to it before any negative consequences take effect.  The 
certification process will not require any additional record-keeping costs 
beyond those already imposed by the existing rules.  The certification 
process will be electronic and is expected to take approximately one minute 
per month; this cost is so minimal that the Department is unable to 
meaningfully calculate it.  The change to background check requirements for 
license-exempt child care programs is expected to impact the approximately 
130 license-exempt child care providers receiving child care subsidies from 
the department.  Per Federal Register guidance (81 FR 67554), the typical 
license-exempt provider is estimated to have approximately 11 employees who 
would be subject to the background check requirements, and the cost of a 
background check is estimated to be $55.  The same Federal Register guidance 
also estimates the annual turnover rate for license-exempt child care 
providers to be approximately 13.5%.  Based on these estimates, the estimated 
initial cost to a typical license-exempt provider will be approximately $600, 
with annual costs of approximately $80 for background checks for new staff 
members and ongoing costs of approximately $120 per year to renew background 
checks as required every five years.  These costs will be higher or lower 
depending on the number of employees a provider has.  This is a cost imposed 
by changes to federal regulations governing the background check requirements 
of the child care program (45 CFR 98.43).  The department has considered 
methods of reducing the negative fiscal impact of the rule on small 
businesses in accordance with Subsection 63G-3-301(6) but cannot establish 
less stringent requirements, schedules, or deadlines; simplify compliance or 
reporting requirements; replace design standards with performance standards; 
or exempt small businesses from the proposed rule.  This is because aspects 
of the rule are required by federal law as a condition of receiving CCDF 
funding, without which the child care program could not function.  Those 
aspects of the rule that are not mandated by federal law must be applied to 
small businesses because most if not all of the state’s child care providers 
meet the definition of a small business, and a rule that did not apply to 
them would not effect the department's goals in a meaningful way.  The 
department has taken steps to reduce the potential impact on small businesses 
by placing the burden for notifying a client of the client's potential 
eligibility for temporary change child care on the department, and by 
delaying the effective date of the provider attendance certification 
requirement until 02/01/2018 so that providers will have time to become 
educated on the certification requirement and how to certify.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The following changes are not expected to affected persons other 
than small businesses, businesses, or local government entities ("other 
affected persons"):  Defining allowable temporary changes by rule will not 
impact other affected persons because allowable temporary changes are already 
being approved for child care clients as per existing department policy, 
consistent with the 2016 amendments to 45 CFR 98.21.  The changes to the 
qualification procedure for temporary change child care will not impact other 
affected persons because the changes merely formalize and clarify existing 
department procedures for qualifying for and receiving temporary change child 
care.  The criteria for when a subsidy payment may be made to two providers 
in one month will not impact other affected persons because the criteria 
represent existing department policy and are simply being clarified.  The 
removal of approval for hourly child care centers to receive child care 
payments will not impact other affected persons because no hourly centers are 
approved currently, and hourly centers are not eligible to be licensed by the 
Office of Child Care Licensing.  Directing provider appeals of child care 
licensing-related issues to the Office of Child Care Licensing will not 
impact other affected persons because no hearings have been previously held, 
and because changing which office administers any future hearing will not 
affect the cost of such hearing.  The changes in timeframes for provider 
reporting will not impact other affected persons because the change applies 
only to provider reporting, not client reporting. Providing specific 
enforcement authority for the three-year provider record-keeping requirement 
will not impact other affected persons because the record-keeping requirement 
applies only to providers, not clients.  The requirement that providers 
certify child attendance on a monthly basis will not impact other affected 
persons because only providers and not clients are required to certify in the 
manner being prescribed by the rule.  Allowing for removal of a provider from 
approved status for failure to provide an Employer Identification Number or 
other tax ID number will not impact other affected persons because the rule 
change simply codifies and clarifies existing department policy.  Allowing 
providers to appeal a decision to remove them from approved provider status 
will not impact other affected persons because clients are not parties to 
provider appeals.  The change to background check requirements for license-
exempt child care programs will not impact other affected persons because 
clients are not covered by the background check requirements.  The removal of 
the department's authority to exempt covered individuals working in child 
care centers from exclusion due to missing or disqualifying background check 
results will not impact other affected persons because the department had 
never used this authority and had no intention of using it in the future.  
The following changes may impact other affected persons:  The changes to the 
changed circumstances a client is required to report to the department may 
impact other affected persons because clients who fail to follow these 
requirements may be assessed an overpayment by the department.  However, 
previous changes to reporting requirements in 2005 do not appear to have 
resulted in an increased number of overpayments, so the department does not 
anticipate an increase in the number of overpayments from the proposed 
change.  The department does not anticipate any impact from the reporting 
process itself because clients are already required to regularly report 
changes in circumstances to the department.  The requirement that allowable 
temporary changes be reported may impact other affected persons because 
clients who fail to follow these requirements may be assessed an overpayment 
by the department.  However, the department does not anticipate a change in 
the number of overpayments caused by the new reporting requirements because 
there does not appear to have been a change in the number of overpayments 
caused by the de facto removal of the reporting requirement for temporary 
change child care when the program was instituted in October 2016.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The compliance costs consist of the 
provider certification process.  This process will be electronic and is 
expected to take approximately one minute per month; this cost is so minimal 
that the Department is unable to meaningfully calculate it.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I.  WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT 
OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY:  The proposed rule may 
result in a fiscal impact to some businesses.  Child care providers whose 
clients currently receive subsidy payments to watch their own children may 
lose business as a result of that subsidy no longer being available.  
Providers are expected to save money as a result of the changes to the 
Department's reporting timeframes because there may be fewer overpayments 
assessed against providers who report timely.  Providers will see at least 
some minimal impact from the requirement that they certify attendance for 
subsidized children on a monthly basis.  License-exempt providers will be 
impacted by the requirement to obtain background checks for all employees and 
household members.  II.  AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS 
ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED:  The number of businesses 
that are impacted by the proposed rule is difficult to predict because some 
of the potential impacts are not certain to occur.  There are approximately 
130 license-exempt providers that will now have to obtain background checks 
as a condition of receiving CCDF funding.  The Department estimates, at most, 
approximately 70 to 80 providers will be impacted by the loss of subsidy on 
behalf of clients who will no longer be eligible under the proposed rule.  
III.  AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE 
IMPACTED:  The proposed rule will likely only have a fiscal impact on small 
businesses because small businesses constitute most if not all the child care 
providers in the state.  IV.  A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS 
AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND 
SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-
YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS:  The background check 
requirement is expected to cost the typical license-exempt provider 
approximately $600 as a fixed cost for background checks for existing 
employees, and approximately $200 per year to renew background checks or 
provide checks for new employees.  The denial of child care subsidy payments 
to clients who watch their own children in other than temporary or emergency 
circumstances is expected to cost affected providers approximately $100 per 
month until the child care slot vacated by a lost client is filled.  Any 
savings from the absence of overpayments due to changes in the reporting 
timeframes are expected to be ongoing, although as noted above any such 
savings cannot be determined at this point.  V.  DEPARTMENT HEAD'S COMMENTS 
ON THE ANALYSIS:  The primary cost of the rule is expected to come in the 
form of the background check requirement for license-exempt providers, which 
is a federally imposed requirement over which the Department has no control.  
The Department expects that costs from the loss of no-longer-subsidized child 
care clients will be minor and limited in duration because child care 
providers are typically able to fill vacated slots with other clients.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2017
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nathan White by phone at 801-526-9647, or by Internet E-mail at 
nwhite@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41985.htm




FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

Within five years of an administrative rule's original enactment or last 
five-year review, the agency is required to review the rule.  This review is 
intended to help the agency determine, and to notify the public that, the 
administrative rule in force is still authorized by statute and necessary.  
Upon reviewing a rule, an agency may:  repeal the rule by filing a Proposed 
Rule; continue the rule as it is by filing a Five-Year Notice of Review and 
Statement of Continuation (Review); or amend the rule by filing a Proposed 
Rule and by filing a Review.  By filing a Review, the agency indicates that 
the rule is still necessary.

The rule text that is being continued may be found in the online edition of 
the Utah Administrative Code at https://rules.utah.gov/publicat/code.htm.  
The rule text may also be inspected at the agency or the Office of 
Administrative Rules.  Reviews are effective upon filing.

Reviews are governed by Section 63G-3-305.


EDUCATION
ADMINISTRATION
No. 41932 (5-year Review): R277-110. Legislative Supplemental Salary 
Adjustment.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides procedures to ensure 
consistency when administering the legislative supplemental salary 
adjustment.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41932.htm

No. 41933 (5-year Review): R277-401. Child Abuse-Neglect Reporting by 
Education Personnel.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides guidance to local 
education agencies in developing and adopting policies regarding child abuse 
and neglect.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41933.htm

No. 41934 (5-year Review): R277-407. School Fees.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides standards, 
procedures, and guidance for local education agencies when developing and 
administering policies on school fees and school fee waivers.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41934.htm

No. 41935 (5-year Review): R277-433. Disposal of Textbooks in the Public 
Schools.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides procedures for local 
education agency policies for the reuse or disposal of textbooks in the 
public schools.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41935.htm

No. 41936 (5-year Review): R277-445. Classifying Small Schools as Necessarily 
Existent.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it specifies the standards by 
which the Board classifies schools as necessarily existent, which qualifies 
the schools for additional funding.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41936.htm

No. 41937 (5-year Review): R277-502. Educator Licensing and Data Retention.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides a process and 
criteria for an individual to obtain an educator license which is required 
for employment as a licensed educator in the public schools in Utah.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41937.htm

No. 41938 (5-year Review): R277-516. Background Check Policies and Required 
Reports of Arrests for Licensed Educators, Volunteers, Non-licensed 
Employees, and Charter School Governing Board Members.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides professional 
standards and training requirements for public school teachers and employees 
to ensure the safety of public school students.  Therefore, this rule should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41938.htm

No. 41939 (5-year Review): R277-608. Prohibition of Corporal Punishment in 
Utah's Public Schools.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides requirements and 
procedures for local education agencies to have policies in place that 
prohibit corporal punishment consistent with the law.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41939.htm

No. 41940 (5-year Review): R277-713. Concurrent Enrollment of High School 
Students in College Courses.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides standards and 
procedures for concurrent enrollment courses and the criteria for funding 
appropriate concurrent enrollment expenditures.  Therefore, this rule should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41940.htm

No. 41941 (5-year Review): R277-800. Utah Schools for the Deaf and the Blind.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides standards and 
procedures for the operation of the USDB and the USDB outreach programs and 
services.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by 
Internet E-mail at angie.stallings@schools.utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41941.htm



FINANCIAL INSTITUTIONS
ADMINISTRATION
No. 41943 (5-year Review): R331-5. Rule Governing Sale of Securities by 
Persons Issuing Securities, Who Are Under the Jurisdiction of the Department 
of Financial Institutions.
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 because it covers registration with the department, 
offering circular requirements, securities sale report, limitations on resale 
of "restricted securities", remuneration paid for solicitation or for sales, 
manipulative and deceptive devices, waivers, and penalties for violation.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41943.htm

No. 41944 (5-year Review): R331-7. Rule Governing Leasing Transactions by 
Depository Institutions Subject to the Jurisdiction of the Department of 
Financial Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule clearly defines acceptable leases and leasing transactions, residual 
dependence restrictions, salvage powers, sales-type capital lease 
restrictions, sale-leaseback restrictions, leveraged lease restrictions, and 
account requirements.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41944.htm

No. 41945 (5-year Review): R331-9. Rule Prescribing Rules of Procedure for 
Hearings Before the Commissioner of Financial Institutions of the State of 
Utah.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section 7-1-301 affords the Commissioner the functions, powers, duties, and 
responsibilities with respect to institutions, persons, or businesses subject 
to the jurisdiction of the department.  The rule lists the types of hearings 
the Commissioner may call in connection with any matter pending before the 
Department and how those hearings should commence. It also covers 
confidential proceedings, pleadings, discovery, and subpoenas.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41945.htm

No. 41946 (5-year Review): R331-10. Schedule for Retention or Destruction of 
Records of Financial Institutions Under the Jurisdiction of the Department of 
Financial Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  No 
other state rule establishes the schedule of retention and destruction of 
records for financial institutions under the department's jurisdiction.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41946.htm

No. 41947 (5-year Review): R331-12. Guidelines Governing the Purchase and 
Sale of Loans and Participations in Loans by all State Chartered Financial 
Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  No 
other state rule establishes the guidelines for the purchase and sale of 
loans and participations in loans by state-chartered financial institutions.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41947.htm

No. 41948 (5-year Review): R331-22. Rule Governing Reimbursement of Costs of 
Financial Institutions for Production of Records.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  No 
other rule establishes cost-reimbursement guidelines for financial 
institutions that provide information to requesting agencies.  Section 7-1-
1004 requires the Commissioner to have a rule establishing the cost-
reimbursement guidelines.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41948.htm



HEALTH
CHILDREN'S HEALTH INSURANCE PROGRAM
No. 41962 (5-year Review): R382-2. Electronic Personal Medical Records for 
the Children's Health Insurance 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 Department will continue this rule because it implements the requirement 
to enroll a CHIP member in an electronic health information exchange and 
specifies the member's right to opt out.
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:  07/31/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41962.htm


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 41954 (5-year Review): R414-8. Electronic Personal Medical Records for 
the Medicaid Program.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Department will continue this rule because it implements the requirement 
to enroll a Medicaid member in an electronic health information exchange and 
specifies the member's right to opt out.
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:  07/28/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41954.htm


FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING
No. 41995 (5-year Review): R430-1. General Licensing, Certificate, and 
Enforcement Provisions, Child Care Facilities.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The continuation of this rule is necessary in order for the Department of 
Health to continue to fulfill its statutory responsibility to regulate child 
care programs in order to protect the health and safety of the children in 
these programs.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by 
Internet E-mail at sbolivar@utah.gov
EFFECTIVE:  08/01/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41995.htm

No. 41990 (5-year Review): R430-6. Background Screening.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The continuation of this rule is necessary in order for the Department of 
Health to continue to fulfill its statutory responsibility to regulate child 
care programs in order to protect the health and safety of the children in 
these programs.  This rule allows the Child Care Licensing Program to run 
background checks for child care facilities.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by 
Internet E-mail at sbolivar@utah.gov
EFFECTIVE:  08/01/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41990.htm



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 41958 (5-year Review): R657-28. Use of Division Lands.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Continuation of Rule R657-28 is necessary to provide the application 
procedures and administration of rights-of-way, leases, and special use 
permits on division land.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
EFFECTIVE:  07/31/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41958.htm

No. 41957 (5-year Review): R657-64. Predator Control Incentives.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This purpose of this rule is to allow the division flexibility with 
participants in the Targeted Predator Control Program for effectively 
controlling coyotes in a targeted area that are detrimental to mule deer 
production.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
EFFECTIVE:  07/31/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41957.htm



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 41968 (5-year Review): R746-101. Statement of Rule for the Filing and 
Disposition of Petitions for Declaratory Rulings.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R746-101 should be continued because it is required by Subsection 63G-4-
503(2).  It identifies and sets forth the procedure for filing a Petition for 
Declaratory Ruling, the format of a petition, and the procedure of review and 
disposition of the petition.  This rule makes it clear to the public what is 
expected from a petitioner and what they can expect from the commission when 
they need an explanation of rights, status, interests, or other legal 
relationships under a statute, rule, or order.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by 
Internet E-mail at mreif@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
EFFECTIVE:  07/31/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41968.htm

No. 41931 (5-year Review): R746-310. Uniform Rules Governing Electricity 
Service by Electric Utilities.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R746-310 establishes guidelines for customer relations; meters and meter 
testing; station instruments, voltage and frequency restrictions, and station 
equipment; design, construction, and operation of facilities; line 
extensions, accounting; billing adjustments; overbilling; and preservation of 
records.  This rule is necessary because the commission is required to 
regulate every public utility in Utah, including electric utilities.  It also 
provides rules to ensure that utility service and equipment are just, safe, 
reasonable, proper, and adequate.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by 
Internet E-mail at mreif@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
EFFECTIVE:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41931.htm



TRANSPORTATION
OPERATIONS, MAINTENANCE
No. 41942 (5-year Review): R918-6. Maintenance Responsibility at 
Intersections, Overcrossings, and Interchanges between Class A Roads and 
Class B or Class C Roads.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The statutory provisions that this rule is enacted under are still effective, 
and the road maintenance responsibilities this rule delegates between UDOT 
and local governments are still needed.  Therefore, this rule must be 
continued for the foreseeable future.
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:  07/19/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41942.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).


CORRECTIONS
ADMINISTRATION
No. 41988 (Five-Year Extension): R251-115. Contract County Jail Programming 
Payment.
EXTENSION REASON:  Significant revisions are still in the process of being 
established which cannot be done by the five-year review deadline.   New 
deadline is 11/29/2017.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Lucy Ramirez by phone at 801-545-5616, or by Internet E-mail at 
lramirez@utah.gov
EFFECTIVE:  08/01/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41988.htm



TREASURER
UNCLAIMED PROPERTY
No. 41930 (Five-Year Extension): R966-1. Requirements for Claims where no 
Proof of Stock Ownership Exists.
EXTENSION REASON:  The agency needs additional time to complete this five-
year review.  The new filing deadline is 11/15/2017.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Dennis Johnston by phone at 801-715-3321, or by Internet E-mail at 
dljohnston@utah.gov
EFFECTIVE:  07/18/2017
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2017/20170815/41930.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.


COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 41705  (AMD): R156-40.Recreational Therapy Practice Act Rule
Published:  06/15/2017
Effective:  07/25/2017



HUMAN SERVICES
ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING
No. 41482  (REP): R501-17.Adult Foster Care
Published:  05/15/2017
Effective:  07/28/2017


SUBSTANCE ABUSE AND MENTAL HEALTH
No. 41607  (AMD): R523-5.Adult Peer Support Specialist Training and 
Certification
Published:  06/01/2017
Effective:  08/01/2017


JUVENILE JUSTICE SERVICES
No. 41710  (AMD): R547-13.Guidelines for Admission to Secure Youth Detention 
Facilities
Published:  06/15/2017
Effective:  08/01/2017



NATURAL RESOURCES
PARKS AND RECREATION
No. 41717  (AMD): R651-603.Animals
Published:  06/15/2017
Effective:  07/25/2017

No. 41716  (AMD): R651-606.Camping
Published:  06/15/2017
Effective:  07/25/2017

No. 41715  (AMD): R651-633-2.General Closures or Restrictions
Published:  06/15/2017
Effective:  07/25/2017



PUBLIC SAFETY
ADMINISTRATION
No. 41586  (NEW): R698-10.Electronic Meetings
Published:  06/01/2017
Effective:  07/18/2017



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 41704  (AMD): R746-360-6.Eligibility for Fund Distributions
Published:  06/15/2017
Effective:  07/31/2017



TAX COMMISSION
ADMINISTRATION
No. 41699  (AMD): R861-1A-20.Time of Appeal Pursuant to Utah Code Ann. 
Sections 59-1-301, 59-1-501, 59-1-1410, 59- 2-1007, 59-7-517, 59-12-114, 59-
13-210, 63G-4-201, 63G-4-401, 68-3-7, and 68-3-8.5
Published:  06/15/2017
Effective:  07/27/2017

No. 41700  (AMD): R861-1A-42.Waiver of Penalty and Interest for Reasonable 
Cause Pursuant to Utah Code Ann. Section 59-1-401
Published:  06/15/2017
Effective:  07/27/2017


AUDITING
No. 41701  (AMD): R865-9I-54.Renewable Energy Credit Amount Pursuant to Utah 
Code Ann. Sections 59-10-1014 and 59-10-1106
Published:  06/15/2017
Effective:  07/27/2017


MOTOR VEHICLE
No. 41702  (AMD): R873-22M-2.Documentation Required and Procedures to Follow 
to Register or Title Certain Vehicles Pursuant to Utah Code Ann. Sections 41-
1a-104 and 41-1a-108
Published:  06/15/2017
Effective:  07/27/2017

No. 41703  (AMD): R873-22M-16.Authorization to Issue a Certificate of Title 
Pursuant to Utah Code Ann. Section 41-1a-104
Published:  06/15/2017
Effective:  07/27/2017



TECHNOLOGY SERVICES
ADMINISTRATION
No. 41459  (AMD): R895-3.Computer Software Licensing, Copyright, Control, 
Retention, and Transfer
Published:  05/01/2017
Effective:  07/28/2017




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/research.htm .


<<end of file>>


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