---------------------------- Utah State Digest, Vol. 2017, No. 23 (December 1, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed November 2, 2017, 12:00 AM through November 15, 2017, 11:59 PM Volume 2017, No. 23 December 1, 2017 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah- state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 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 Sixth Extraordinary Session, Utah Proclamation No. 2017-6E - 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/ExecDoc159631.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 November 2, 2017, 12:00 a.m., and November 15, 2017, 11:59 p.m. are summarized in this, the December 1, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the December 1, 2017, issue of the Utah State Bulletin until at least January 2, 2018 (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 March 31, 2018, 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. 42322 (Amendment): R277-469. Instructional Materials Commission Operating Procedures. SUMMARY OF THE RULE OR CHANGE: Rule R277-469 is amended to provide clarification to provisions regarding the book depository that includes new and updated definitions, revised terminology, and technical and conforming changes in accordance with the Rulewriting Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-469 will likely not result in a cost or savings to the state budget. The changes update procedures regarding the book depository to provide clarification. - LOCAL GOVERNMENTS: The amendments to Rule R277-469 will likely not result in a cost or savings to local governments. The changes update procedures regarding the book depository to provide clarification. - SMALL BUSINESSES: The amendments to Rule R277-469 will likely not result in a cost or savings to small businesses. The changes update procedures regarding the book depository to provide clarification. There is no change to existing costs resulting from the rule amendments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-469 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The changes update procedures regarding the book depository to provide clarification. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-469 will likely not result in any compliance costs for affected persons. The changes update procedures regarding the book depository to provide 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. There is no change to existing costs resulting from the rule amendments. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 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: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42322.htm No. 42323 (Amendment): R277-491-4. School Community Council Principal Responsibilities. SUMMARY OF THE RULE OR CHANGE: New language is provided in Section R277-491- 4 that requires a school principal to provide a copy of or link to the school's current School Improvement Plan on the school's website. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Section R277-491-4 will likely not result in a cost or savings to the state budget. The new language provides for School Improvement Plans to be more easily accessible to parent members of a school community council. This requirement applies to public schools that receive School LAND Trust Program funds. - LOCAL GOVERNMENTS: The amendments to Section R277-491-4 will likely not result in a cost or savings to local governments. The new language provides for a school principal to post a copy of or link to the school's current School Improvement Plan on the school's website to make the Plan more easily accessible to school community council parent members. - SMALL BUSINESSES: The amendments to Section R277-491-4 will likely not result in a cost or savings to small businesses. The new language provides for School Improvement Plans to be more easily accessible to parent members of a school community council. This requirement applies to public schools that receive School LAND Trust Program funds. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Section R277-491-4 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. A School Improvement Plan that is posted on the school's website will be more easily accessed by a parent member of a school community council. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Section R277-491-4 will likely not result in any compliance costs for affected persons. The new language provides for information to be more easily accessible. 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. The new language provides for information to be more easily accessible. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 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: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42323.htm No. 42324 (Amendment): R277-515. Utah Educator Professional Standards. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule provide new definitions; remove unnecessary language; update terminology; provide clarifying language regarding an educator's responsibility as a role model, to maintain a safe learning environment; and to comply with LEA policy. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-515 will likely not result in a cost or savings to the state budget. The changes to the rule are to clarify educator professional standards. - LOCAL GOVERNMENTS: The amendments to Rule R277-515 will likely not result in a cost or savings to local governments. The amendments to this rule apply to educator professional standards and have no fiscal impact on LEAs. - SMALL BUSINESSES: The amendments to Rule R277-515 will likely not result in a cost or savings to small businesses. The amendments to this rule apply to educator professional standards and have no fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-515 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The amendments provide clarification to existing educator professional standards which educators are subject to. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-515 will likely not result in any compliance costs for affected persons. The amendments provide clarification to existing educator professional standards which educators are, and have been, subject to. 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. The amendments to this rule apply to educator professional standards and have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 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: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42324.htm No. 42325 (Amendment): R277-519. Educator Professional Learning Procedures and Credit. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-519 changes the authority for approval of professional learning proposals for awarding Board professional learning credit from an LEA to the Superintendent. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-519 will likely not result in a cost or savings to the state budget. The amendments clarify the authority to approve proposals for Board professional learning credit. - LOCAL GOVERNMENTS: The amendments to Rule R277-519 will likely not result in a cost or savings to local governments. The amendments clarify the authority to approve proposals for Board professional learning credit. - SMALL BUSINESSES: The amendments to Rule R277-519 will likely not result in a cost or savings to small businesses. The amendments clarify the authority to approve proposals for Board professional learning credit. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-519 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The amendments clarify the authority to approve proposals for Board professional learning credit. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-519 will likely not result in any compliance costs for affected persons. The amendments clarify the authority to approve proposals for Board professional learning credit. 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. The amendments clarify the authority to approve proposals for Board professional learning credit. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 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: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42325.htm No. 42326 (New Rule): R277-621. District of Residence. SUMMARY OF THE RULE OR CHANGE: This new rule provides definitions; procedures for determination and approval of an alternative district of residency; and procedures for determination and approval of an alternative district of residency for students at human services programs or health care facilities. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The new Rule R277-621 will likely not result in a cost or savings to the state budget. The procedures for determination, approval, and designation as an alternative district of residency apply to local education agencies (LEAs). - LOCAL GOVERNMENTS: Enactment of this new rule may result in higher costs for an LEA that receives a qualifying student under provisions outlined in this rule. The costs in the student's former LEA may decrease. The amount of the cost increase or decrease will depend on multiple factors, such as, qualification of state funding, local property tax collections, student program qualification, etc. Costs are very speculative and cannot be determined at this time. - SMALL BUSINESSES: The amendments to Rule R277-621 will likely not result in a cost or savings to small businesses. The procedures for determination, approval, and designation as an alternative district of residency apply to LEAs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-621 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The procedures for determination, approval, and designation as an alternative district of residency apply to LEAs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-621 will likely not result in any compliance costs for affected persons. The procedures for determination, approval, and designation as an alternative district of residency apply to LEAs. 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. The procedures for determination, approval, and designation as an alternative district of residency apply to LEAs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 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: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42326.htm No. 42327 (Amendment): R277-920. Implementation of the School Turnaround and Leadership Development Act. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-920 provide funding provisions distributed to a low performing school; criteria for granting an extension to a low performing school; criteria for exiting a school that has demonstrated sufficient improvement; and criteria for approving a teacher recruitment and retention plan. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-920 will likely not result in a cost or savings to the state budget. New procedures are provided to assist with improvement of low performing schools. - LOCAL GOVERNMENTS: The amendments to Rule R277-920 will likely not result in a cost or savings to local governments. New procedures are provided to assist with improvement of low performing schools. - SMALL BUSINESSES: The amendments to Rule R277-920 will likely not result in a cost or savings to small businesses. New procedures are provided to assist with improvement of low performing schools. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-920 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. New procedures are provided to assist with improvement of low performing schools. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-920 will likely not result in any compliance costs for affected persons. New procedures are provided to assist with improvement of low performing schools. 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. New procedures are provided to assist with improvement of low performing schools and apply to Utah public schools. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 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: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42327.htm GOVERNOR ECONOMIC DEVELOPMENT No. 42332 (Amendment): R357-16. Utah Outdoor Recreation Infrastructure Grant. SUMMARY OF THE RULE OR CHANGE: These changes delete provisions related to the youth program grant because that portion of the grant program was repealed by S.B. 264 (2017), and make corresponding technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to the state budget because this rule only makes changes in response to the updates made to the program by S.B. 264 (2017). - LOCAL GOVERNMENTS: There is no cost or savings to local governments because this rule change does not impose any new requirements or regulations on local governments. This rule change does update the rule to delete the criteria for the youth grant program to bring it in accordance with the changes created in S.B. 264 (2017). There will be an impact to any local government that was planning to apply for the youth program grant. However, only 16 grants were awarded under this program and none were awarded to a local government entity. - SMALL BUSINESSES: There is no fiscal impact to small businesses because this rule change does not impose any new requirements or regulations on small businesses. This rule change does update the rule to delete the criteria for the youth grant program to bring it in accordance with the changes created in S.B. 264 (2017). There will be an impact to any small business that was planning to apply for the youth program grant. However, only 16 grants were awarded under this program to small businesses including non-profits with less than 25 total applicants for the youth grant. This is less than 1% of total small businesses including non-profits that could apply for eligible youth programs under the program. Therefore, the fiscal impact to small businesses is deemed to be negligible or non-existent. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost or savings to other persons because this rule change does not impose any new requirements or regulations on any other group or persons. This rule change does update the rule to delete the criteria for the youth grant program to bring it in accordance with the changes created in S.B. 264 (2017). There will be an impact to any other group or person that was planning to apply for the youth program grant. However, only 16 grants were awarded under this program and none were awarded to any other group or persons outside of small businesses including non-profits. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance cost for any affected persons because this rule simply repeals any criteria related to the youth program which was repealed by S.B. 264 (2017). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs for small businesses because this rule simply repeals any criteria related to the youth program which was repealed by S.B. 264 (2017). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 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: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42332.htm HEALTH DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 42328 (Amendment): R388-805. Ryan White Part B Program. SUMMARY OF THE RULE OR CHANGE: The changes remove eligibility asset limit of owning no more than one home and one car, and implement a 500% FPL limit for case management services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are minimal anticipated savings to the Ryan White Part P Program (Program) by implementing a 500% FPL limit for case management services. It is difficult to predict exact savings based on client enrollment, however, it is anticipated that this change will save the Program approximately $1,500 annually. This is a federally-funded program that provides services to people living with HIV/AIDS. The majority of the population served (60%) has no assets. Removing the asset test is not anticipated to increase Program utilization but rather reduce barriers to accessing care and determining eligibility. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments because the program governed by this rule neither requires action from nor provides benefits to local governments. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the program governed by this rule neither requires action from nor provides benefits to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes will affect individuals that are over the 500% FPL and clients that own more than one car or home. It is anticipated that there will be no significant impact to the budget as the majority of individuals enrolled in the Program do not own more than one car or home and implementing the 500% FPL limit will restrict enrollment in case management services. In the last 12 months, only 9 clients were over 500% FPL. Clients who are no longer eligible for case management services through the Part B Program will still receive services free of cost, however, their services will no longer be eligible for reimbursement through the Program. These costs will be absorbed by the case management agency at an anticipated annual cost of $1,500. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as the Program incurs all costs associated with these changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendments remove the asset test, restrict case management services to clients at or below 500% FPL limit to align eligibility requirements with HRSA guidelines, and reduce barriers to access care. It is anticipated that these changes will result in a lost of approximately $1,500 to non-small businesses currently contracted with the Department of Health including the University of Utah Clinic 1A and the Utah Aids Foundation. The amendments will have a slight negative fiscal impact on non-small business providers who contract with the Department through a loss of some funding due to eligibility requirements for clients in this program. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Amelia Self by phone at 801-538-6221, by FAX at 801-538-9913, or by Internet E-mail at aself@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42328.htm DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 42320 (Amendment): R392-100. Food Service Sanitation. SUMMARY OF THE RULE OR CHANGE: In Section R392-100-2, the change adds definitions for “Food Cart,” “Food Truck,” and “Ice Cream Truck.” In Section R392-100-3, adds a statement that food trucks are exempt from the requirements of this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Amending Rule R392-100 will likely not result in a cost or benefit to the state budget. - LOCAL GOVERNMENTS: Amending Rule R392-100 will likely not result in a cost or benefit to local governments. The 13 local health departments will not change how food trucks are regulated due to these changes. Food trucks will just be addressed in a separate rule, but all the same current practices will still be in place. - SMALL BUSINESSES: Amending Rule R392-100 will likely not result in a cost or benefit to small businesses. There are 76 small businesses currently providing mobile food services in Utah that will be impacted by these changes. These 76 businesses operate in the state under the NAICS code of 722330. These businesses will still be held to the same standards under which they currently operate, just not under this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Amending Rule R392-100 will likely not result in a cost or benefit to non-small businesses. There are no non-small businesses identified in Utah that will be impacted by these changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: Amending Rule R392-100 will likely not result in a cost or benefit to any single person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendments update the rule to coordinate with the newly proposed Rule R392-102 addressing food trucks. The changes define food trucks and exempt food trucks from this rule since food trucks will be governed by Rule R392-102 and in accordance with S.B. 250 passed during the 2017 General Session. The proposed changes in this rule have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42320.htm No. 42321 (New Rule): R392-102. Food Truck Sanitation. SUMMARY OF THE RULE OR CHANGE: This proposed rule requires a food truck operator to adhere to uniform statewide standards for constructing, operating, and maintaining a food truck in a manner that safeguards public health and ensures that food is safe, unadulterated, and honestly presented when offered to the consumer. This rule sets uniform standards for the operation and regulation of food trucks. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enacting Rule R392-102 will likely not result in a cost or benefit to the state budget. - LOCAL GOVERNMENTS: Enacting Rule R392-102 will likely result in a direct fiscal cost of $1,150 per year individually to local governments, particularly to the 13 local health departments, due primarily to a loss of revenue previously generated from fees for permits, plan reviews, and inspections. No other costs to local governments are anticipated. The aggregate annualized fiscal cost to local governments is anticipated to be approximately $15,000. - SMALL BUSINESSES: Enacting Rule R392-102 will likely result in a direct fiscal benefit to small businesses due to proposed changes in permit fees as well as uniform standards for the operation and regulation of food trucks, inspections, plan reviews, construction, sanitary operations, and equipment requirements as well as simplification of the process of obtaining additional permits. There are 76 small businesses currently providing mobile food services in Utah that will be impacted by these changes. These 76 businesses operate in the state under the NAICS code of 722330. The approximate expected benefit to each affected small business in the first year after implementation of the proposed rule is $1,325 with an ongoing savings of $1,325 for each year thereafter. The aggregate annualized fiscal benefit to small businesses is anticipated to be approximately $100,000. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no non-small businesses identified in Utah that will be impacted by these changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule seeks to simplify the process of obtaining additional food truck permits, and because it will likely result in a fiscal benefit to food truck operators, some non-mobile food service establishments may experience an indirect fiscal impact. However, the fiscal cost to non-mobile food service businesses is inestimable because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is proposed in accordance with S.B. 250, enacted in the 2017 General Session, and in consultation with local health departments (LHDs). Previously, food trucks were generally governed by Rule R392-100. However, S.B. 250 required local government to establish a truck/card licensing process; reciprocity in fees, permits and inspection; address food truck/cart events that require permitting; and the creation of a Utah Fire Prevention Board with authority to inspect food trucks/carts. LHD's in cooperation with the Department of Health (Department) determined that the best way to comply with the statutory requirements was to support an administrative rule adopted by the Department that could be uniformly followed by all affected local governments and municipalities. This proposed sanitation rule establishes consistent standards across the State. It mirrors the sanitation requirements set out in Rule R392-100 but tailored for a food truck operation. Small business food truck operators will benefit fiscally from this rule because it simplifies the permitting process and there is no relevant available data applicable to other types of businesses which do not operate food trucks. (EDITOR'S NOTE: The proposed amendment to Rule R392-100 is under Filing No. 42320 in this issue, December 1, 2017, of the Bulletin.) INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42321.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42306 (Repeal): R414-4x. Policy Statement on Denial of Payment to Medicaid Provider When Client Fails to Keep Scheduled Appointment. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. The rule's policy statement on failed appointments no longer applies and provisions for fraudulent billing practices are spelled out in the Medicaid provider manual. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule repeal only updates and clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor administer the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because this rule repeal only updates and clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this rule repeal only updates and clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because this rule repeal only updates and clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule repeal 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 01/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42306.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 42317 (Repeal and Reenact): R501-7. Child Placing Adoption Agencies. SUMMARY OF THE RULE OR CHANGE: Current legislation is requiring the Office of Licensing to set ethical standards for licensed agencies and update contents to pre-placement adoptive home studies. The mandated ethical standards touched many parts of the rule and therefore a full repeal and reenact was necessary. The new rule better represents current practices, standardizes requirements for agencies, and further clarifies processes for the benefit of licensees and licensors. The Office of Licensing created this rule over the period of seven months with the input and representation from the following groups: licensed adoption agencies, private adoption attorneys, the Division of Child and Family Services, adoptive parents, parent rights advocates, and birth parents. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment will not affect the state budget, as nothing in this rule will add to the staffing requirements or workload of current state employees. - LOCAL GOVERNMENTS: This rule does not have any impact on local governments because it only governs Child Placing Adoption Agencies who are licensed under the Department of Human Services Office of Licensing. There are only 16 currently licensed Child Placing Adoption Agencies statewide. - SMALL BUSINESSES: There are items in this rule that could potentially cause additional work for some adoption agencies, while others will remain relatively unaffected, however, costs are difficult to estimate. Please consider the following: The greatest impact to most agencies will be the requirement to review the adoption orientation form in-person with each birth parent. This process could take up to one hour per client to review. Because this form can be done by either higher paid social workers or unlicensed office workers, an estimated average of $15/hour salary is a representation of an average estimated cost. The average number of private adoptions done in Utah over the past 3 years was 1,574, therefore, the estimated additional cost average across the 16 licensed agencies for this new process is $1,475 per agency per year (or $15 per adoption). Adoption agencies are free to identify and charge adoptive parents any fee they wish for their services and this rule requires transparency in itemizing and disclosing all required fees. Generally, Utah Child Placing Adoption Agencies charge anywhere from $5,000 to $40,000 per adoption according to Overson & Sheen, LLC. Agencies could potentially pass any new fees on to their clients with no fiscal impact on their business at all. The requirement for 20 hours of training could additionally represent a new requirement for some agencies and their staff. These are reasonable and comparable numbers of training requirements incurred in a Department of Human Services Licensed environment, for example domestic violence providers are required to provide 40 hours of training to their staff. The multidisciplinary work group indicated these training requirements should have already have been part of agency requirements regarding preparing staff to work with birth parents and/or adoptive families. Some agencies indicate that they are already doing this. There is flexibility in the implementation of training requirements, which is left to agency discretion on how they are conducted and received (online, prior formal education, classroom, reading, etc.). Depending on what the agency chooses to use for training materials, they could incur no cost, minimal cost, or significant cost. There is a new section of this rule that outlines file requirements for child files, birth parent files, and adoptive parents files, making them appear new, but they are simply separated out from the rest of the rule to clearly outline file content requirements in one section instead of distributed throughout the rule. This should not add to the documentation requirements already in place with current rule. The multidisciplinary group felt that these overall requirements are all reasonable and necessary to create an ethical environment and not likely to impact most businesses in a significant way. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is possible that some agencies incurring costs may choose to pass any additional cost on to the paying adoptive parents. If this were to occur, it should be noted that this expense will represent a very small portion of the adoption expenses paid by the adoptive parents that generally ranges between $5,000 and $40,000. However, this rule could provide a benefit to both adoptive agencies and adoptive parents if it helps them avoid adoption appeals, lawsuits related to the adoptions and any occurrences of abuse, neglect, mistreatment, harm, exploitation, or fraud. The concept behind these additional requirements is that everyone involved will be more educated regarding the rights and responsibilities of all involved parties throughout all stages of the adoption process. This enhanced level of understanding could potentially lead to significant savings benefits as a contested adoption could run into the tens of thousands of dollars for all involved. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Office of Licensing requires that Child Placing Adoption Agencies transparently identify and disclose all potential costs that adoptive parents may incur through the adoption process. If compliance with this rule incurs a cost to agencies, they will outline it in their agency fee disclosure statement. This will ensure that there are no surprises regarding the costs adoptive parents are asked to pay. Furthermore, adoptive parents and birth parents will be able to make informed decisions as to whether or not they wish to voluntarily enter into any agreement with any particular agency after reading all fee disclosures and receiving orientation to adoption information (required of all agencies on a standardized form provided by the Office of Licensing). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be minimal fiscal impact to implement this rule, however in the long run, it could reflect a fiscal benefit to all affected parties due to more transparent and ethical processes and fewer contested adoptions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov - Samantha Hanson by phone at 801-538-4041, or by Internet E-mail at samanthahanson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42317.htm INSURANCE ADMINISTRATION No. 42319 (Amendment): R590-266-1. Authority. SUMMARY OF THE RULE OR CHANGE: The only change in the rule is to remove the reference to Section 31A-30-116, which was repealed in H.B. 336 (2017). However, the Insurance Department (Department) still has rulemaking authority for the provisions of this rule which have been reflected in the changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The change only updates the references of statutory scope for the Department's authority to promulgate the rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. The change only updates the references of statutory scope for the Department's authority to promulgate the rule. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The change only updates the references of statutory scope for the Department's authority to promulgate the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The change only updates the references of statutory scope for the Department's authority to promulgate the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs as a result of this amendment. The change only updates statutory reference for the Department's authority to promulgate the rule. It requires no action to be taken by any 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 this proposed rule change will not result in a fiscal impact to businesses. This change was necessary because H.B. 336 (2017). The effects of the change only apply to the Department and will have no fiscal impact on it or any other persons in the state. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 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: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42319.htm NATURAL RESOURCES ADMINISTRATION No. 42309 (New Rule): R634-3. Compensatory Mitigation Program. SUMMARY OF THE RULE OR CHANGE: This rule proposes to create a compensatory mitigation program that will help various entities to offset the impacts of development on greater sage-grouse and their habitats. Stakeholder communication: There are seven Divisions within the Utah Department of Natural Resources (DNR), including the Utah Division of Wildlife Resources; the Utah Division of Parks and Recreation; the Utah Division of Water Rights; the Utah Division of Water Resources; the Utah Division of Forestry, Fire and State Lands; the Utah Division of Oil, Gas and Mining; and the Utah Geological Survey. Each Division has its own process for soliciting and receiving input from stakeholders when proposing changes to Administrative Rules. DNR itself makes changes to administrative rules very infrequently, so DNR does not have a required process for gathering such input. In light of this, DNR took a proactive and collaborative approach to interacting with various stakeholders and gathering public input during the development of this proposed rule. As a result of those efforts, DNR personnel coordinated numerous meetings with key stakeholders who would be, or could be affected by this proposed rule. By doing so, DNR personnel, along with one designee from the Utah Division of Wildlife Resources and one assigned designee by the Governor's Public Lands Policy Coordinating Office, gathered feedback from stakeholders both before and during the drafting of this proposed rule. This process ensured effective, collaborative and proactive involvement from various stakeholders prior to the formal administrative rulemaking and public review process. The following is a summary of the organizations and individuals that DNR and its assigned designees met with prior to the submission of this proposed rule: United States Forest Service; United States Bureau of Land Management; United States Natural Resource Conservation Service; Utah Division of Forestry, Fire and State Lands; Utah Division of Oil, Gas and Mining; Utah Department of Transportation; Western Energy Alliance and various members; Utah Petroleum Association and various members; Utah Mining Association and various members; K-COE Isom; QEP Resources; Utah Chukar Foundation; Utah Sage-grouse Plan Implementation Council; Rocky Mountain Power; Nature Coservancy; Utah Farm Bureau; Utah Cattlemen's Association; Uintah Basin Adaptive Resource Management, Local Working Group; and Strawberry Valley Adaptive Resource Management, Local Working Group. Each meeting with the above referenced organizations and individuals was structured around three central topics including: 1) what items/issues are requested to be included in the proposed rule; 2) what items/issues are requested to be avoided in the proposed rule; and 3) items that need additional clarity or follow-up. This approach framed each discussion fairly and consistently across stakeholder groups, and allowed for an effective process for drafting a proposed rule that proactively addressed as many issues as possible. Every good-faith effort has been made to include a summary of every meeting related to this proposed rule. But in light of practical and reasonable limitations, as well as the complexity and scope of this issue, it should be noted that this listing is not exhaustive. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that the revenue needed to administer this program will be recovered by the proceeds created by the implementation of the program. Therefore, this program is expected to be revenue and cost neutral to the state of Utah in the long-term. - LOCAL GOVERNMENTS: This proposed rule does not require participation by local governments. Local governments that choose to participate in this program will do so voluntarily, and will be given an opportunity to evaluate the cost and benefit of their participation in the program before doing so. - SMALL BUSINESSES: This proposed rule does not require participation by any entity. Therefore, this filing does not create any direct cost or savings impacts to other persons or entities. Those who choose to participate in this program will do so voluntarily, and will be given an opportunity to evaluate the cost and benefit of their participation in the program before doing so. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule does not require participation by any entity. Therefore, this filing does not create any direct cost or savings impacts to other persons or entities. Those who choose to participate in this program will do so voluntarily, and will be given an opportunity to evaluate the cost and benefit of their participation in the program before doing so. COMPLIANCE COSTS FOR AFFECTED PERSONS: This program does not require participation, therefore no compliance cost is anticipated. For those who choose to participate in this program, the cost to do so is intended to be advantageous to the organization and/or individual. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is intended to be mutually beneficial to businesses, local, state, and federal governmental agencies and to the conservation of greater sage-grouse in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kaelyn Anfinsen by phone at 801-538-7201, by FAX at 801-538-7315, or by Internet E-mail at kaelynanfinsen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42309.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42331 (Amendment): R746-409-1. General Provisions. SUMMARY OF THE RULE OR CHANGE: Currently, Rule R746-409 adopts the federal pipeline safety regulations codified in 49 CFR Parts 190, 191, 192, 198, and 199 effective 09/01/2015. This rule change updates the amendment date from 09/01/2015 to 09/01/2017. There are no substantive changes between the 09/01/2015 and 09/01/2017 amendment dates. The changes are summarized as follows: Part 190 -- miscellaneous changes to Pipeline Safety enforcement and regulatory procedures; Part 191 -- miscellaneous changes to Pipeline Safety Regulations on reporting of annual reports, incident reports, and safety related condition reports; Part 192 -- miscellaneous changes to Pipeline Safety Regulations such as: expansion of use of Excess Flow Valves on new commercial and large volume customer services, operator qualification, cost recovery, accident and incident notification, and other Pipeline Safety changes and is a cost recovery procedure for the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) for review of special permits, construction over $2,500,000, and operator qualification plan and procedures; Part 198 -- provides a procedure for how a state with an inadequate damage prevention enforcement program may seek reconsideration by PHMSA; and Part 199 -- addresses operator qualification, cost recovery, accident and incident notification, and other Pipeline Safety changes and is a cost recovery procedure for PHMSA. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed rule change should not result in any costs to the state because the Division of Public Utilities mainly enforces pipeline safety rules and the amendment reflects current requirements. - LOCAL GOVERNMENTS: This rule applies to natural gas public utilities operated by local governments. Since local governments are already expected to operate pursuant to federal regulations and state requirements incorporated or formalized in this rule change, no anticipated costs are expected. - SMALL BUSINESSES: This rule applies to operators of natural gas master meter systems and pipeline facilities. Since small businesses are already expected to operate pursuant to federal regulations and state requirements incorporated or formalized in this rule change, no anticipated costs are expected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since persons are already expected to operate pursuant to federal regulations and state requirements incorporated or formalized in this rule change, no anticipated costs are expected. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons are not expected because this rule change follows practices and requirements already in place at the federal and state level. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule change adopts and formalizes current operating requirements, therefore, the proposed rule amendment will not result in any additional costs to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42331.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. REGENTS (BOARD OF) UNIVERSITY OF UTAH, COMMUTER SERVICES No. 42311 (Emergency Rule): R810-1. University of Utah Parking Regulations. SUMMARY OF THE RULE OR CHANGE: This filing reenacts an expired rule that defines regulations regarding vehicles, owners/operators, parking areas, and restrictions on the University of Utah campus. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The absence of this rule removes authorization of Commuter Services to implement parking regulations, issue citations, enforce and implement fire lane and ADA parking regulations, as well as define and restrict access allowed on University property. Reenactment will allow Commuter Services to continue with operations including issuing citations, impounding vehicles, and other means of regulation and restriction to University Property. The rule is still being enforced for compliance related to ADA and safety regulations on campus. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget as this rule filing just reenacts the expired rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments as this rule filing just reenacts the expired rule. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as this rule filing just reenacts the expired rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons as this rule filing just reenacts the expired rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons as this rule filing just reenacts the expired rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on any businesses because this rule filing just reenacts the expired rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu EFFECTIVE: 11/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42311.htm No. 42312 (Emergency Rule): R810-8. Vendor Regulations. SUMMARY OF THE RULE OR CHANGE: This filing reenacts an expired rule that defines regulations regarding vehicles, owners/operators, parking areas, and restrictions on the University of Utah campus. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The absence of this rule removes authorization of Commuter Services to enforce vendor regulations, and stipulate the requirements for parking. Reenactment will allow Commuter Services to continue with operations including issuing citations, and restricting access by permit to University Property. The rule is still being enforced for compliance related to ADA and safety regulations on campus. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget as this rule filing just reenacts the expired rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments as this rule filing just reenacts the expired rule. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as this rule filing just reenacts the expired rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons as this rule filing just reenacts the expired rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this rule filing just reenacts the expired rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on any businesses because this rule filing just reenacts the expired rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu EFFECTIVE: 11/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42312.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm- code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. EDUCATION ADMINISTRATION No. 42303 (5-year Review): R277-469. Instructional Materials Commission Operating Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-469 continues to be necessary because it provides definitions, operating procedures and criteria for recommending instructional materials for use in Utah public schools; provides for mapping and alignment of primary instructional materials to the Core consistent with Utah law; and provides rules for purchase and distribution of instructional materials within the state. 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 - Benjamin Rasmussen by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at benjamin.rasmussen@schools.utah.gov EFFECTIVE: 11/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42303.htm No. 42304 (5-year Review): R277-515. Utah Educator Professional Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-515 continues to be necessary because it establishes statewide standards for public school educators that provide notice to educators and prospective educators and notice and protection to public school students and parents. 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 - Benjamin Rasmussen by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at benjamin.rasmussen@schools.utah.gov EFFECTIVE: 11/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42304.htm HEALTH ADMINISTRATION No. 42300 (5-year Review): R380-50. Local Health Department Funding Allocation Formula. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes the procedures and funding parameters that will be utilized when allocating funds to each local health department. This rule also has established a baseline amount for each local health department, voting requirements, as well as additional factors to be considered. By having a written requirement, funding can be distributed as equitably as possible. The overall amount to be distributed to the local health departments is established by the Utah State Legislature each year during the annual session, as part of the Utah Department of Health budget. The funding formula is then used to make the individual calculations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tamara Hampton by phone at 801-538-6622, by FAX at 801-538-6306, or by Internet E-mail at thampton@utah.gov EFFECTIVE: 11/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42300.htm DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 42330 (5-year Review): R384-202. Traumatic Spinal Cord and Brain Injury Rehabilitation Fund. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Traumatic Spinal Cord and Brain Injury Fund continues to receive funding. This rule is necessary to continue to establish procedures for the Fund Advisory Committee to annually review and establish criteria for recommending distribution of funding to charitable clinics that provide services, and the requests for funding applications process, development of the guidance, as well as the review, evaluation, recommendation and funding award process. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Trisha Keller by phone at 801-538-6865, by FAX at 801-538-9134, or by Internet E-mail at trishakeller@utah.gov EFFECTIVE: 11/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42330.htm DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 42329 (5-year Review): R386-705. Epidemiology, Health Care Associated Infection. 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 R386-705 is recommended as access to NHSN data submitted by facilities allows the Department to support facilities in reporting accurate data through validation activities and the provision of resources regarding surveillance, definitions, and reporting requirements. The annual report prepared and published by the Department, as required by Rule R386- 705, identifies facilities whose data is included in the report to provide data transparency and support collaborative activities among facilities to support the implementation of evidence-based infection prevention strategies. The Department provides a draft report to all facilities included in the report in order to review the data for accuracy and completeness prior to the public release of the report. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Stevens Dimond by phone at 801-538-6810, by FAX at 801-538-9923, or by Internet E-mail at melissastevens@utah.gov EFFECTIVE: 11/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42329.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42318 (5-year Review): R414-22. Administrative Sanction Procedures and Regulations. 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 provides the Department and the Provider Sanction Committee discretionary authority to sanction providers for current and past misconduct, thereby promoting quality and integrity within the Medicaid program. 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: 11/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42318.htm INSURANCE ADMINISTRATION No. 42299 (5-year Review): R590-265. Hazardous Financial Condition Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule comprises a national standard set by the National Association of Insurance Commissioners (NAIC). The rule must be continued for the Utah Insurance Department to maintain its accreditation status. It sets forth standards the Commissioner may use to identify insurers that may be in a hazardous financial condition, which protects policyholders, creditors, and the general public from potential default. It also shows insurers the standards that are indicative of a hazardous financial condition and can help them avoid such a condition. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 11/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42299.htm LABOR COMMISSION BOILER AND ELEVATOR SAFETY No. 42302 (5-year Review): R616-1. Coal, Gilsonite, or other Hydrocarbon Mining Certification. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In light of the Commission's continuing certification of individuals involved in Utah's coal, gilsonite or other hydrocarbon mining industries, continuation of this rule remains necessary. The Commission has received no comments in opposition to this rule. 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 EFFECTIVE: 11/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42302.htm MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 42301 (5-year Review): R628-18. Conditions and Procedures for Use of Interest Rate Contracts. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Under Subsection 51-7-17(3), public entities are allowed to enter into investment rate contracts per council rule. In order to allow public entities to use investment contracts in a safe and consistent manner this rule has to be in place. Additionally, there are several public entities that are utilizing investment rate contracts. Because of the use of the instrument, this rule needs to be in place. Therefore, this rule should be continued. Council has reviewed the rule in its monthly meeting and found that it is current and is being utilized and no comments were received in that meeting. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov - Marina Scott by phone at 801-535-6565, or by Internet E-mail at marina.scott@slcgov.com EFFECTIVE: 11/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42301.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42305 (5-year Review): R746-200. Residential Utility Service Rules for Electric, Gas, Water, and Sewer Utilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Commission must continue to regulate every public utility in Utah, and provide rules to ensure that utility services and equipment are just, reasonable, safe, proper, and adequate. Rule R746-200 establishes and enforces utility residential service practices and procedures such as eligibility, deposits, account billing, deferred payment agreements, termination, review of consumer complaints, and penalties. 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: 11/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42305.htm No. 42310 (5-year Review): R746-343. Rule for Deaf, Severely Hearing or Speech Impaired Person. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it establishes eligibility requirements and sets forth the procedure for approval of an application and the distribution process for telecommunication devices for the certified deaf, severely hearing or speech impaired. This rule provides instructions for training, replacement of equipment, ownership and liability, and out-of-state use. The rule also sets forth the liability of the telephone relay center and confidentiality and privacy requirements. This rule is also necessary to comply with provisions in the American with Disabilities Act (ADA) and Federal Communications Commission (FCC) regulations. 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: 11/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42310.htm No. 42308 (5-year Review): R746-346. Operator-Assisted Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 54-8b-13 continues to require this rule. This rule ensures that customers of operator-assisted services are informed of rates, surcharges, and terms or conditions of using operator-assisted services. 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: 11/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42308.htm No. 42307 (5-year Review): R746-356. Intrastate (IntraLATA) Equal Access To Toll Calling Services By Telecommunications Carriers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 54-8b-2.2(3) requirements continue to authorize this rule. This rule establishes procedures and methods by which all Commission certified LECs will provide and maintain equal access, and customer dialing parity, to intraLATA toll services when requested by one or more Commission or FCC certified telecommunications corporations, or common carriers. 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: 11/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171201/42307.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. AGRICULTURE AND FOOD MARKETING AND DEVELOPMENT No. 42033 (NEW): R65-13.Utah's Own Published: 09/15/2017 Effective: 11/02/2017 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42082 (AMD): R156-26a.Certified Public Accountant Licensing Act Rule Published: 10/01/2017 Effective: 11/07/2017 No. 42086 (AMD): R156-55a.Utah Construction Trades Licensing Act Rule Published: 10/01/2017 Effective: 11/07/2017 EDUCATION ADMINISTRATION No. 42116 (AMD): R277-108.Annual Assurance of Compliance by Local School Boards Published: 10/01/2017 Effective: 11/07/2017 No. 42117 (AMD): R277-420.Aiding Financially Distressed School Districts Published: 10/01/2017 Effective: 11/07/2017 No. 42104 (AMD): R277-422.State Supported Voted Local Levy, Board Local Levy and Reading Improvement Program Published: 10/01/2017 Effective: 11/07/2017 No. 42098 (REP): R277-423.Delivery of Flow Through Money Published: 10/01/2017 Effective: 11/07/2017 No. 42118 (AMD): R277-424.Indirect Costs for State Programs Published: 10/01/2017 Effective: 11/07/2017 No. 42119 (AMD): R277-426.Definition of Private and Non-Profit Schools for Federal Program Services Published: 10/01/2017 Effective: 11/07/2017 No. 42120 (AMD): R277-474.School Instruction and Human Sexuality Published: 10/01/2017 Effective: 11/07/2017 No. 42121 (AMD): R277-502.Educator Licensing and Data Retention Published: 10/01/2017 Effective: 11/07/2017 No. 42122 (AMD): R277-509.Licensure of Student Teachers and Interns Published: 10/01/2017 Effective: 11/07/2017 No. 42123 (AMD): R277-522.Entry Years Enhancements (EYE) for Quality Teaching - Level 1 Utah Teachers Published: 10/01/2017 Effective: 11/07/2017 ENVIRONMENTAL QUALITY DRINKING WATER No. 42075 (AMD): R309-100.Administration: Drinking Water Program Published: 10/01/2017 Effective: 11/08/2017 No. 42076 (AMD): R309-105-6.Construction of Public Drinking Water Facilities Published: 10/01/2017 Effective: 11/08/2017 No. 42077 (AMD): R309-110-4.Definitions Published: 10/01/2017 Effective: 11/08/2017 No. 42058 (AMD): R309-300.Certification Rules for Water Supply Operators Published: 09/15/2017 Effective: 11/09/2017 No. 42052 (AMD): R309-500.Facility Design and Operation: Plan Review, Operation and Maintenance Requirements Published: 09/15/2017 Effective: 11/07/2017 No. 42056 (AMD): R309-600-8.DWSP Plan Review Published: 09/15/2017 Effective: 11/06/2017 No. 42057 (AMD): R309-605-7.Drinking Water Source Protection (DWSP) for Surface Sources Published: 09/15/2017 Effective: 11/06/2017 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42049 (REP): R414-99.Chiropractic Services Published: 09/15/2017 Effective: 11/09/2017 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 42042 (NEW): R523-15.Drug Testing Requirements Published: 09/15/2017 Effective: 11/08/2017 RECOVERY SERVICES No. 42100 (AMD): R527-231.Review and Adjustment of Child Support Order Published: 10/01/2017 Effective: 11/07/2017 REGENTS (BOARD OF) ADMINISTRATION No. 42073 (NEW): R765-613.Public Safety Officer Career Advancement Reimbursement Program Published: 10/01/2017 Effective: 11/10/2017 TAX COMMISSION ADMINISTRATION No. 42101 (AMD): R861-1A-42.Waiver of Penalty and Interest for Reasonable Cause Pursuant to Utah Code Ann. Section 59-1-401 Published: 10/01/2017 Effective: 11/09/2017 PROPERTY TAX No. 42102 (AMD): R884-24P-33.2017 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301 Published: 10/01/2017 Effective: 11/09/2017 RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available https://rules.utah.gov/researching/ . <> ----------------------------