---------------------------- Utah State Digest, Vol. 2018, No. 2 (January 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed December 16, 2017, 12:00 AM through January 2, 2018, 11:59 PM Volume 2018, No. 2 January 15, 2018 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah- state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for February 2018 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/2018/20180115/sn159728.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 Seventh Extraordinary Session, Utah Proclamation No. 2017-7E - 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/2018/ExecDoc159739.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 December 16, 2017, 12:00 a.m., and January 2, 2018, 11:59 p.m. are summarized in this, the January 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the January 15, 2018, issue of the Utah State Bulletin until at least February 14, 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 May 15, 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. AGRICULTURE AND FOOD REGULATORY SERVICES No. 42422 (Repeal and Reenact): R70-940. Standards and Testing of Motor Fuel. SUMMARY OF THE RULE OR CHANGE: This rule adopts the 2017 version of the NIST Handbook 130 which establishes the uniform engine fuels and automotive lubricant regulations. This rule eliminates unnecessary permitting requirements that have previously been required. It specifies specific areas where the state is not going to adopt the national standard and instead have state specific standards. This rule proposes a standard color code be adopted by gasoline stations. It clarifies that the state will adopt the ASTM specification D4814-17 for automotive spark-ignition engine fuel. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This purposed rule change is not anticipated to have a cost or saving to the state. This rule will not change the time or manner in which inspections are done nor does it require the state to do any additional testing to what the state is already conducting. - LOCAL GOVERNMENTS: There are no anticipated costs or benefits to local governments as this rule neither requires action from nor provides benefits to local governments. - SMALL BUSINESSES: This proposed rule change will have an affect on various types of businesses because of the various industries that are involved in the production of motor and automotive fuel. It is anticipated this rule change will have an affect on petroleum refineries, gasoline stations, and petroleum transporters. There are no anticipate cost to refineries because this rule does not proscribe the refineries take any additional actions to comply. It is anticipated that the standardization of a color code for the lids at filling stations will have an estimated cost of up to $40 per year depending on how many types of fuel are being sold at the gasoline stations. The adoption of the ASTM specification D4814-17 for automotive spark-ignition fuel is a saving to the petroleum refineries because currently these refineries are equipped to refine to the 85 octane specifications. This proposed rule change allows for that to continue regardless of changes to the national standards saving the refineries an inestimable amount in retooling costs in order to meet the octane specification. The adoption of the national water tolerance level instead of the previous zero water tolerance standard could lead to a potential savings by avoiding having tanks serviced due to the presence of water. These benefits inestimable due having no way of estimating who would have been out of compliance under the previous rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Consumers will see a benefit in knowing that the fuel they receive is meeting a national standard. The addition of the color code requirement will help to prevent the possibilities of consumers accidentally receiving the wrong type of fuel. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for those affected will be minimal, an estimated $40 a year to meet the standardized color code. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule change clarifies the requirements for the industry by adopting a national standard, while at the same time this rule acknowledges the special needs of the state and establishes some exemption to the national standards to fit those needs of the industry in the state. This proposed rule change meets the needs of the industry, and continues to protect the consumer by ensuring that fuel being purchased is of the grade and quality that is being advertised. The additional requirements of a standardized color code will protect the consumer and will clarify for transporters where to place which type of fuel. The adoption of a particular standard in relation to the spark-ignition engine fuel in the state will give added security to the refineries in the state that the standard is not going to be changing for them even if the national standard changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Brett Gurney by phone at 801-538-7158, by FAX at 801-538-7126, or by Internet E-mail at bgurney@utah.gov - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42422.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 42397 (Amendment): R432-2-5. Requirements for a Satellite Service Operation. SUMMARY OF THE RULE OR CHANGE: The purpose of this amendment is to allow for healthcare corporations, that own more than one licensed hospital in Utah, to have up to two satellite freestanding emergency departments attached to one hospital, but not to exceed the number of licensed hospitals the healthcare corporation owns. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: State government hospital licensing process was thoroughly reviewed. This proposed rule amendment will not change how many total satellite emergency departments can be licensed in Utah, therefore, the proposed rule amendment is not expected to impact state revenues or expenditures. - LOCAL GOVERNMENTS: Local governments city business licensing requirements were considered. This proposed rule amendment will not change how many total satellite emergency departments can be licensed in Utah, therefore, the proposed rule is not expected to impact local government's revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to small businesses budgets because all licensed hospitals in Utah employ more than 50 people. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment could lead to a benefit for healthcare corporations that own more than one licensed hospital as it may provide greater flexibility as to the placement of satellite emergency departments, however, with all the variables, this is an inestimable benefit. Individuals in need of emergency department services may benefit from having a satellite emergency department in their area. This possibly could lead to better outcomes from serious emergency health issues which may lead to lower health costs in the future, however, with all the variables, this is an inestimable benefit. There would be no anticipated increased cost for health insurance companies. Better outcomes from serious emergency health issues may lead to lower costs for health insurance companies in the future, however, with all the variables, this also is an inestimable benefit. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons because this amendment does not add any compliance rules that would add any costs. 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 02/14/2018 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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42397.htm No. 42396 (Amendment): R432-2-13. New License Required. SUMMARY OF THE RULE OR CHANGE: The purpose of this rule amendment is to add a requirement for Nursing Care and Small Health Care Facilities to obtain a certificate from the Division of Medicaid and Health Financing’s Bureau of Financial Services noting that no outstanding monies are owed prior to a change of ownership license being issued to the new owner. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: After conducting a thorough analysis, it was determined that this proposed rule amendment will not change how the Division of Medicaid and Health Financing’s Bureau of Financial Services processes a change of ownership in Utah. In the previous 3 years, there have been an estimated 30 Nursing Care and Small Health Care Facilities that have completed a change of ownership. The Division of Medicaid and Health Financing’s Bureau of Financial Services has determined that they can handle that volume and issue the required certificate without incurring an additional cost. In addition, of those 30 change of ownerships, only one facility owed the Division of Medicaid and Health Financing’s Bureau of Financial Services outstanding monies and the monies owed was paid by the new owner. Therefore, the proposed rule is not expected to impact state government revenues or expenditures. - LOCAL GOVERNMENTS: Local governments city business licensing requirements were considered. This proposed rule amendment will not change how many nursing care and small health care facilities can be licensed in Utah, therefore, the proposed rule is not expected to impact local government revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that there are 20 small businesses that this proposed rule will apply to. However, this rule amendment will not result in a fiscal impact to the small businesses budget because it does not impose additional costs, it only requires them to settle any debts owed to Medicaid prior to a change of ownership. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that there are 103 non-small businesses that this proposed rule will apply to. However, this rule amendment will not result in a fiscal impact to the non-small businesses budget because it does not impose additional costs, it only requires them to settle any debts owed to Medicaid prior to a change of ownership. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons because this amendment does not add any compliance rules that would not impose additional costs. 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 02/14/2018 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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42396.htm HUMAN SERVICES ADMINISTRATION No. 42417 (Amendment): R495-885. Employee Background Screenings. SUMMARY OF THE RULE OR CHANGE: The date for the implementation schedule needs to be changed from 12/31/2017 to 06/30/2018. Mandatory committee participation is reduced from five voting members to four. (EDITOR'S NOTE: A corresponding 120-day (emergency) rule change to Rule R495-885 that is effective as of 12/21/2017 is under Filing No. 42416 in this issue, January 15, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment will not affect the ongoing costs to DHS. This filing only changes the implementation schedule, but has no added savings or costs. - LOCAL GOVERNMENTS: Local governments are not affected by this rule change. This rule has no impact on local governments. - SMALL BUSINESSES: This rule only impacts DHS. Small businesses are not affected by this rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons are not affected by this change. This rule only impacts DHS. COMPLIANCE COSTS FOR AFFECTED PERSONS: No person will bear a compliance cost. The compliance is within DHS. 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 proposal will not result in a fiscal impact to small or large businesses. This rule change only impacts DHS. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2018 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 - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42417.htm NATURAL RESOURCES PARKS AND RECREATION No. 42431 (Amendment): R651-406. Off-Highway Vehicle Registration Fees. SUMMARY OF THE RULE OR CHANGE: Annual OHV registration fees are currently set at $18 per off-highway motorcycles (OHM), Type I and Type II OHV's and $22 per snowmobile registration. In addition to the registration fee, several additional fees are charged including $1.50 to the School and Institutional Trust Lands Administration (SITLA) for OHV impacts to Trust Lands, $1 Division of Motor Vehicle (DMV) electronic fee, $4 DMV sticker fee, $1 Utah Highway Patrol (UHP) Aero Bureau and a $0.50 Search and Rescue fee. OHV owners must also pay an age-based fee in lieu of property tax assessment to their county of residence prior to registering an OHV. With the passing of H.B. 51, making these changes would bring the Division of Parks and Recreation into compliance with Section 41-22-33. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The DMV was already collecting a $2 fee. This was a cleanup amendment from H.B. 51 (2017) and brings the Division of Parks and Recreation into compliance with Section 41-22-33. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This does not affect local governments as it was part of the cleanup of Section 41-22-33 per H.B. 51 (2017). - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This was a cleanup for H.B. 51 (2017) for Section 41-22-33. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This was part of H.B. 51 (2017) which is a cleanup of Section 41-22-33. The fee was previously being collected by the DMV. COMPLIANCE COSTS FOR AFFECTED PERSONS: The $2 fee has previously been being collected by the DMV, so the compliance costs are not new. This amendment was part of a cleanup for Section 41-22-33 from H.B. 51 (2017). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2018 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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42431.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42424 (New Rule): R746-8. Utah Universal Public Telecommunications Service Support Fund (UUSF). SUMMARY OF THE RULE OR CHANGE: In conjunction with the separately filed repeals for Rules R746-341, R746-343, and R746-360, this rule enacts the necessary provisions of those rules while making changes to update the rules to be consistent with S.B. 130 (2017). This rule provides updated definitions to be consistent with both state and federal law governing universal service. This rule reenacts current rule language regarding the contribution method for the UUSF, adding new provisions clarifying that prepaid wireless providers are not required to submit more than one surcharge per access line per month, and establishing reporting requirements for exemptions claimed. This rule allows providers to remit assessments every six months, instead of every month, if assessments total less than $1,000 per month. This rule implements references to statutory requirements enacted by S.B. 130 for UUSF distributions. This rule establishes procedures for wireless eligible telecommunications providers to receive distributions from the Lifeline program, as provided for in S.B. 130. This rule reenacts, without modification, the existing rules governing UUSF support for a deaf, hard of hearing, or severely speech impaired person. (EDITOR'S NOTE: The proposed repeal of Rule R746-341 is under Filing No. 42423, the proposed repeal of Rule R746-343 is under Filing No. 42425, and the proposed repeal of Rule R746-360 is under Filing No. 42426 in this issue, January 15, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The PSC and the Division of Public Utilities are already administering the UUSF programs. These changes, in conjunction with the changes made by S.B. 130 (2017), did not increase the costs to those two agencies to administer the UUSF programs. - LOCAL GOVERNMENTS: None--Local governments do not pay into, or receive distributions from, any UUSF programs. Local governments do not play any role in administering any UUSF programs. - SMALL BUSINESSES: This rule may provide financial benefit to some small businesses. Some providers of telecommunications service will be eligible for UUSF low-income Lifeline disbursements where they were not eligible for those disbursements before. This rule does not impact UUSF surcharge amounts, but simply reenacts already existing rule language relating to the surcharge pursuant to S.B. 130 (2017). The provision allowing UUSF remittances every six months instead of monthly, in some instances, should reduce UUSF compliance costs for some telecommunications providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule may provide financial benefit to some large businesses. Some providers of telecommunications service will be eligible for UUSF low- income Lifeline disbursements where they were not eligible for those disbursements before. This rule does not impact UUSF surcharge amounts, but simply reenacts already existing rule language relating to the surcharge pursuant to S.B. 130 (2017). The provision allowing UUSF remittances every six months instead of monthly, in some instances, should reduce UUSF compliance costs for some telecommunications providers. Low income customers of some types of telecommunications services will have the opportunity for a Lifeline benefit to which some of those customers are not currently eligible. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule may provide financial benefit to some businesses. Some providers of telecommunications services will be eligible for UUSF low-income Lifeline disbursements where they were not eligible for those disbursements before. This rule does not impact UUSF surcharge amounts, but simply reenacts already existing rule language relating to the surcharge pursuant to S.B. 130 (2017). The provision allowing UUSF remittances every six months instead of monthly, in some instances, should reduce UUSF compliance costs for some telecommunications providers. Low income customers of some types of telecommunications services will have the opportunity for a Lifeline benefit to which some of those customers are not currently eligible. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing does not create a negative fiscal impact to any affected person or business. The changes are necessary to implement S.B. 130 (2017), and will reduce compliance costs to some impacted by this rule, and will provide UUSF benefits to some who are not currently eligible for those benefits. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2018 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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42424.htm No. 42423 (Repeal): R746-341. Lifeline Rule. SUMMARY OF THE RULE OR CHANGE: Rule R746-341 is repealed in its entirety, and the rules governing the Lifeline program are set forth in the new Rule R746-8 that is filed concurrently with this repeal. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing Rule R746-341 does not create any costs or savings to the state. - LOCAL GOVERNMENTS: Repealing Rule R746-341 does not have any impact on local governments. - SMALL BUSINESSES: Repealing Rule R746-341 does not have any impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing Rule R746-341 does not have any impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Repealing Rule R746-341 does not have any impact on any affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: A new rule governing the Lifeline program, Rule R746-8, will be made effective at the same time Rule R746-341 is repealed. Any fiscal impact of the change is discussed in the rule filing enacting Rule R746-8. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2018 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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42423.htm No. 42425 (Repeal): R746-343. Rule for Deaf, Severely Hearing or Speech Impaired Person. SUMMARY OF THE RULE OR CHANGE: Rule R746-343 governing the Utah Universal Service Fund (UUSF) support for a deaf, hard of hearing, or severely speech impaired person is repealed in its entirety. This rule is reenacted without any changes in the new Rule R746-8 that is filed concurrently with this repeal. (EDITOR'S NOTE: The proposed new Rule R746-8 is under Filing No. 42424 in this issue, January 15, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8. - LOCAL GOVERNMENTS: None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8. - SMALL BUSINESSES: None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2018 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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42425.htm No. 42426 (Repeal): R746-360. Universal Public Telecommunications Service Support Fund. SUMMARY OF THE RULE OR CHANGE: Rule R746-360 is repealed in its entirety, and the rules governing the UUSF program are set forth in the new Rule R746-8 that is filed concurrently with this repeal. (EDITOR'S NOTE: The proposed new Rule R746-8 is under Filing No. 42424 in this issue, January 15, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Repealing Rule R746-360 does not create any costs or savings to the state. - LOCAL GOVERNMENTS: None--Repealing Rule R746-360 does not create any impact to local governments. - SMALL BUSINESSES: None--Repealing Rule R746-360 does not create any impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Repealing Rule R746-360 does not create any impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Repealing R746-360 does not have any impact on any affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: A new rule governing the UUSF program, Rule R746-8, will be made effective at the same time Rule R746-360 is repealed. Any fiscal impact of this change is discussed in the rule filing enacting Rule R746-8. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2018 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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42426.htm WORKFORCE SERVICES ADMINISTRATION No. 42421 (New Rule): R982-800. Utah Data Research Center. SUMMARY OF THE RULE OR CHANGE: During the 2017 General Session, the Utah Legislature passed the Utah Data Research Center Act, S.B. 194 (Act). The Act creates the Center as a centralized, standardized governance structure for the purpose of facilitating data-driven decision-making for education and employment policy and research within the state. Specifically, the Center is granted access to de-identified information from several participating state agencies and entities for the purpose of carrying out research and analysis into K-12 education, postsecondary education, and workforce data and outcomes. The Center replaces the similar, less centralized arrangement that was in place under the auspices of the Utah Data Alliance. The Act instructs the Department of Workforce Services (Department) to make rules establishing a process for submitting data research requests, as well as criteria for how those requests will be prioritized by the Center and the information the Center will require as part of each request. This proposed rule identifies the Center's website as the mechanism for submitting data research requests. This proposed rule also maintains the distinction, spelled out in the Act, between primary requesters (agencies or entities from which the Center is required to accept data research requests) and ancillary requesters (all other persons or entities, including members of the general public). The Act permits the Center to charge the cost of completing a data research request to an ancillary requester. This proposed rule makes clear that ancillary requesters must execute a payment agreement with the Center as a condition of the Center's obligation to complete a request submitted by an ancillary requester. This proposed rule also generally gives priority to primary requesters over ancillary requesters in evaluating their requests. In addition, this proposed rule prioritizes requests that are more likely to provide meaningful policy guidance or to lead to findings likely to be of greater interest to the broader public, as well as requests for which the data being sought is more readily available to the Center. Each data research request is evaluated on these criteria and assigned a score by the Center; the Center then completes each request in order based on this evaluation. The Center has the discretion to deviate from the criteria in cases of compelling public interest as demonstrated by the requester. Finally, this proposed rule specifies the information that must be included in a data research request, including the identity of the requester, the requester's thesis, the research question(s) being investigated, the specific data to be analyzed, and the timeframe for fulfilling the request. If an ancillary requester fails to include this information, the Center may delay or deny the request. The Department has specific authority to make rules governing the Center's operations pursuant to Subsection 35A-14-302(9)(a). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No costs or savings are anticipated because the fee for data research requests was in place previously, and because the program as outlined by the Legislature is intended to be revenue-neutral for the state budget. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the Center, and it is the Department's intention to keep the fee the same as it was previously. - LOCAL GOVERNMENTS: No costs or savings are anticipated because the fee for data research requests was in place previously and is not expected to change. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the center, and it is the Department's intention to keep the fee the same as it was previously. - SMALL BUSINESSES: No costs or savings are anticipated because the fee for data research requests was in place previously and is not expected to change. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the center, and it is the Department's intention to keep the fee the same as it was previously. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No costs or savings are anticipated because the fee for data research requests was in place previously and is not expected to change. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the center, and it is the Department's intention to keep the fee the same as it was previously. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are anticipated because the fee for data research requests was in place previously and is not expected to change. Specifically, Subsection 35A-14-302(11) provides that the fee shall be used only to cover the costs of operating the center, and it is the Department's intention to keep the fee the same as it was previously. 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 02/14/2018 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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42421.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends February 14, 2018. From the end of the 30-day waiting period through May 15, 2018, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42180 (Change in Proposed Rule): R414-3A. Outpatient Hospital Services. SUMMARY OF THE RULE OR CHANGE: This change removes provisions that apply to the Prepaid Mental Health Plan (PMHP) waiver. The PMHP provisions in the rule do not apply to outpatient hospital services. This change, therefore, is a clarification. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the October 15, 2017, issue of the Utah State Bulletin, on page 26. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies Medicaid policy. It neither affects service coverage to Medicaid members nor reimbursement to Medicaid providers. - LOCAL GOVERNMENTS: There is no budget impact to local governments because they do not fund outpatient hospital services for Medicaid members. - SMALL BUSINESSES: There is no impact to small businesses because this change only clarifies Medicaid policy. It neither affects service coverage to Medicaid members nor reimbursement to Medicaid providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers or to Medicaid members because this change only clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this change only 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 change in 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 02/14/2018 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: 02/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42180.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. HUMAN SERVICES ADMINISTRATION No. 42416 (Emergency Rule): R495-885. Employee Background Screenings. SUMMARY OF THE RULE OR CHANGE: Section R495-885-9 needs to change the date from 12/31/2017 to 06/30/2018. Mandatory committee participation is reduced from five voting members to four. (EDITOR'S NOTE: A corresponding proposed amendment to Rule R495-885 is under Filing No. 42417 in this issue, January 15, 2018, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: DHS will be out of compliance since the rule states that the implementation schedule needs to be in place no later then 12/31/2017. It will not be in place until 06/30/2018, due to delays in the development and implementation of the automated process that will be used to process these clearances. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This emergency rule will not change the ongoing costs to DHS. The rule changes the implementation schedule, but have no added expenditures. - LOCAL GOVERNMENTS: Local governments are not affected by this rule change. There is no impact to local governments. - SMALL BUSINESSES: Small businesses are not affected by this rule change. This rule only impacts DHS. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons are not affected by this rule change. This rule only impacts DHS. COMPLIANCE COSTS FOR AFFECTED PERSONS: No person will bear a compliance cost. The compliance is within DHS. 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 proposal will not result in a fiscal impact to small or large businesses. This rule only impacts DHS. 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 - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@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 EFFECTIVE: 12/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42416.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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 42420 (5-year Review): R23-13. State of Utah Parking Rules for Facilities Managed by the Division of Facilities Construction and Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is needed because it establishes standards for parking at state facilities which are managed by DFCM. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at cniederhauser@utah.gov - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov EFFECTIVE: 12/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42420.htm No. 42419 (5-year Review): R23-22. General Procedures for Acquisition and Selling of Real Property. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is needed because it provides authorization for DFCM to buy, sell, or exchange real property to ensure that the transaction is in the best interest of the state and that the value of the real property is congruent with the proposed price and other terms of the purchase, sale, or exchange. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at cniederhauser@utah.gov - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov EFFECTIVE: 12/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42419.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42418 (5-year Review): R156-37f. Controlled Substance Database Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides information and clarification of requirements relating to the Controlled Substance Database. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronald Larsen by phone at 801-530-6197, by FAX at 801-530-6511, or by Internet E-mail at ronaldlarsen@utah.gov EFFECTIVE: 12/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42418.htm GOVERNOR ENERGY DEVELOPMENT (OFFICE OF) No. 42398 (5-year Review): R362-1. Qualifications for the Alternative Energy Development Tax Credit. 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 in the absence of it the qualifications for an alternative energy entity to receive tax credits would not have the legal and administrative framework that it requires in order to be carried out responsibly. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robert Simmons by phone at 801-657-2867, or by Internet E-mail at rsimmons@utah.gov EFFECTIVE: 12/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42398.htm No. 42399 (5-year Review): R362-2. Renewable Energy Systems Tax Credits. 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 in the absence of it, the Renewable Energy Systems Tax Credit would not have the legal and administrative framework that it requires in order to be carried out responsibly. This rule is an invaluable guide both due to its definitions, as well as its detailed delineation of tax credit qualification criteria and tax credit application and administration processes. Without this rule, the Renewable Energy Systems Tax Credit would lack the detailed legal underpinning that it absolutely requires in order to operate as intended. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robert Simmons by phone at 801-657-2867, or by Internet E-mail at rsimmons@utah.gov EFFECTIVE: 12/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42399.htm No. 42400 (5-year Review): R362-3. Energy Efficiency Fund. 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 in the absence of it, the Energy Efficiency Fund would lack the detailed legal underpinnings that it requires in order to operate as intended. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robert Simmons by phone at 801-657-2867, or by Internet E-mail at rsimmons@utah.gov EFFECTIVE: 12/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42400.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42427 (5-year Review): R414-27. Medicaid Enrollment Process for Nursing 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 Department will continue this rule because it governs the enrollment of nursing care facilities to receive Medicaid payments after a change of ownership, and outlines the duties of the transferor and transferee following the change. 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: 01/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42427.htm PUBLIC SAFETY EMERGENCY MANAGEMENT No. 42401 (5-year Review): R704-2. Statewide Mutual Aid Act Activation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Statewide Mutual Aid Act Activation, Rule R704-2, is the mechanism through which resources can be deemed agents of the state, deployed and authorized to render aid intrastate and interstate during a declared emergency or disaster, by the requesting jurisdiction. In addition, the rule is required under Subsection 53-2a-306(1)(b). Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Tara Behunin by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at tarabehunin@utah.gov EFFECTIVE: 12/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42401.htm CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 42407 (5-year Review): R722-320. Undercover Identification. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsections 53-10-104(1), (9), and (14) exist in statute. These citations authorize and require that BCI provide and coordinate the delivery of support services, provide investigative assistance to law enforcement agencies and other government agencies, as well as perform functions specified in Title 53, Chapter 10. In addition, Subsection 53-10-104(13) authorizes BCI to make rules to implement Title 53, Chapter 10. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov EFFECTIVE: 12/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42407.htm No. 42408 (5-year Review): R722-360. Certificate of Eligibility for Removal from the Sex Offender and Kidnap Offender Registry. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 77-41-112 authorizes BCI to accept and process requests for eligibility determination for removal from the Sex Offender or Kidnap Offender Registry. BCI is required to process those requests to determine whether an offender is eligible to receive a certificate of eligibility under this section. In addition, pursuant to Section 63G-4-203, BCI has established informal adjudicative procedures in this rule in the event that an individual is denied application for removal from the registry. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov EFFECTIVE: 12/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42408.htm No. 42409 (5-year Review): R722-900. Access to Bureau Records. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 53-10-108 outlines the release of records by BCI to certain individuals. Subsections 53-10-108(4)(f) and (10)(b) authorize BCI to make rules regarding the release of criminal history information for certain purposes, and establishes the right for an individual to challenge the completeness and accuracy of criminal history records contained in the Division of Criminal Investigations and Technical Services' files that pertain to the individual. In addition, Subsection 53-10-104(13) authorizes BCI to make rules to implement Title 53, Chapter 10. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov EFFECTIVE: 12/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42409.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). ENVIRONMENTAL QUALITY AIR QUALITY No. 42430 (Five-Year Extension): R307-356. Appliance Pilot Light. EXTENSION REASON: This extension is being requested to present the review in the 02/07/2018 Air Quality Board (Board) meeting. Due to an administrative error, the rule was not presented to the Board before the deadline date of 01/02/2018. The new deadline date is 05/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180115/42430.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES FINANCE No. 42286 (NEW): R25-3.Personal Use Expenditures Administrative Penalty Appeal Procedures Published: 11/15/2017 Effective: 12/22/2017 ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 42292 (AMD): R81-1-12A.Department Training Programs Published: 11/15/2017 Effective: 12/28/2017 No. 42284 (AMD): R81-4A-15.Grandfathered Bar Structures Published: 11/15/2017 Effective: 12/28/2017 No. 42289 (AMD): R81-4C-14.Grandfathered Bar Structures Published: 11/15/2017 Effective: 12/28/2017 No. 42288 (AMD): R81-10.Off-Premise Beer Retailers Published: 11/15/2017 Effective: 12/28/2017 No. 42287 (AMD): R81-10C-10.Grandfathered Bar Structures Published: 11/15/2017 Effective: 12/28/2017 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42243 (AMD): R156-78-502.Unprofessional Conduct Published: 11/15/2017 Effective: 01/02/2018 REAL ESTATE No. 42179 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 10/15/2017 Effective: 01/01/2018 No. 42181 (AMD): R162-2g.Real Estate Appraiser Licensing and Certification Administrative Rules Published: 10/15/2017 Effective: 12/27/2017 GOVERNOR CRIMINAL AND JUVENILE JUSTICE (STATE COMMISSION ON) No. 42055 (NEW): R356-4.Juvenile Confinement Published: 09/15/2017 Effective: 01/02/2018 HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 42285 (AMD): R386-702.Communicable Disease Rule Published: 11/15/2017 Effective: 01/02/2018 FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 42279 (REP): R398-1.Newborn Screening Published: 11/15/2017 Effective: 01/29/2018 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42203 (AMD): R414-1-5.Incorporations by Reference Published: 11/01/2017 Effective: 12/29/2017 No. 42235 (AMD): R414-1-29.Medicaid Policy for Reconstructive and Cosmetic Procedures Published: 11/15/2017 Effective: 01/01/2018 No. 42278 (REP): R414-13.Psychology Services Published: 11/15/2017 Effective: 12/29/2017 No. 42236 (AMD): R414-42.Telehealth Home Health Services Published: 11/15/2017 Effective: 01/01/2018 No. 42291 (AMD): R414-60-12.Provider-Administered Drugs for the Treatment of Opioid Use Disorders Published: 11/15/2017 Effective: 01/01/2018 No. 42293 (NEW): R414-516.Nursing Facility Non-State Government-Owned Upper Payment Limit Quality Improvement Program Published: 11/15/2017 Effective: 01/01/2018 INSURANCE ADMINISTRATION No. 42213 (AMD): R590-157-4.Stamping Fee Amounts Published: 11/01/2017 Effective: 01/01/2018 No. 42298 (AMD): R590-267.Personal Injury Protection Relative Value Study Rule Published: 11/15/2017 Effective: 01/01/2018 No. 42276 (AMD): R590-271-1.Authority Published: 11/15/2017 Effective: 12/29/2017 JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 42262 (NEW): R597-5.Electronic Meetings Published: 11/15/2017 Effective: 01/02/2018 LABOR COMMISSION ADJUDICATION No. 42240 (AMD): R602-3-3.Procedure for Requesting Approval Published: 11/15/2017 Effective: 12/27/2017 INDUSTRIAL ACCIDENTS No. 42253 (AMD): R612-300-4.General Method for Computing Medical Fees Published: 11/15/2017 Effective: 12/27/2017 No. 42254 (AMD): R612-400-5.Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund Published: 11/15/2017 Effective: 12/27/2017 OCCUPATIONAL SAFETY AND HEALTH No. 42264 (AMD): R614-1-4.Incorporation of Federal Standards Published: 11/15/2017 Effective: 12/27/2017 PUBLIC SAFETY FIRE MARSHAL No. 42261 (NEW): R710-14.Food Truck Licensing and Regulation Published: 11/15/2017 Effective: 12/28/2017 HIGHWAY PATROL No. 42277 (NEW): R714-510.24-7 Sobriety Program Published: 11/15/2017 Effective: 12/28/2017 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42265 (AMD): R746-360-4.Application of Fund Surcharges to Customer Billings Published: 11/15/2017 Effective: 12/22/2017 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/ . <> ----------------------------