---------------------------- Utah State Digest, Vol. 2018, No. 5 (March 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed February 2, 2018, 12:00 AM through February 15, 2018, 11:59 PM Volume 2018, No. 5 March 1, 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 Utah 2010 NO2 Infrastructure State Implementation Plan, Section 110(a)(2)(D)(i), Prongs I and II - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/sn159950.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 February 2, 2018, 12:00 a.m., and February 15, 2018, 11:59 p.m. are summarized in this, the March 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the March 1, 2018, issue of the Utah State Bulletin until at least April 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 June 29, 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 ADMINISTRATION No. 42559 (New Rule): R51-5. Rural Rehabilitation Loans. SUMMARY OF THE RULE OR CHANGE: This rule establishes the basic qualifications for those seeking to apply for a Rural Rehabilitation Loan. It outlines the application, review, and approval process for the Department. This rule establishes the make up of the Agricultural Advisory Board subcommittee for the approval of the loans. Additionally, this rule establishes time frames associated with the collection process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule solidifies policies and procedures for the Department's loan division to follow. Nothing in this rule requires the division to changes the practices or procedures. There is no cost nor saving to the state budget with the formalizing of existing policies and procedures. - LOCAL GOVERNMENTS: There are no anticipated costs or benefits to local governments as this rule neither requires action from nor provides benefit to local governments. - SMALL BUSINESSES: This proposed rule may create a small benefit to small businesses as it clearly defines who is eligible to apply for a loan under the Rural Rehabilitation Loan Program. These loans are loans of last resort; therefore, this is the last opportunity for these businesses to receive funding. Due to the nature of these loans, it is not feasible for the Department to estimate the savings this will have for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule clearly specifies the eligibility for a loan and the process to apply for a loan. These loans are loans of last resort; therefore, this is the last opportunity for these individuals to receive funding. Those who seek these loans will have already been through the loan process with other lenders and should already have the necessary materials prepared. There will be no additional costs to the individuals. Due to the nature of these loans, it is not feasible for the Department to estimate the savings this could have on the individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: These are loans of last resort because of that the applicants should already have the necessary information prepared for other lenders. This would be the only cost associated with this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule would solidify and make public the eligibility requirements for a Rural Rehabilitation Loan from the Department. There will be no costs to those applying for the loan because they have already gone through the process with other lenders. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42559.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42582 (Amendment): R156-1. General Rule of the Division of Occupational and Professional Licensing. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-1-102(1), this amendment clarifies that a license that has been placed on probation subject to terms and conditions is not "active and in good standing". In Subsection R156-1- 308a(1), first, this amendment establishes two-year renewal dates for: 1) "hair designer", "hair designer instructor", and "hair designer school license" classifications (H.B. 287); 2) "restricted associate osteopathic physician" license classification (H.B. 396); and 3) "restricted associate physician" license classifications (H.B. 396), and second, this amendment changes the September 30 renewal dates for "CPA Firm" licensees and "Certified Public Accountant" licensees to December 31. In Subsection R156- 1-308a(2), this amendment establishes a three-year renewal cycle date for tier 1 certified medical language interpreters and tier 2 certified medical language interpreters (S.B. 74). In Section R156-1-308d, this amendment: 1) establishes the parameters within which DOPL will grant continuing education credit to a licensee for volunteering as a subject-matter expert in the development of exams; and 2) clarifies that under Section 58-13-3, a health care professional licensee may fulfill up to 15% of the licensee's continuing education requirements by providing volunteer services at a qualified location. In Section R156-1-308f, this amendment clarifies that the concept of conditional licensure may include the license of an applicant that is pending the completion of an inspection. In Section R156-1-501, in accordance with H.B. 128 (2017), this amendment designates as unprofessional conduct failing as a health care provider to follow the health care claims practices of Subsection 31A-26-301.5(4), in violation of Subsection 58-1- 508(2). In Section R156-1-502, in accordance with H.B. 128 (2017), this amendment establishes the following fine schedule for violating Subsection 58-1-508(2) (failing as a health care provider to follow the health care claims practices of Subsection 31A-26-301.5(4)): first offense $250, second offense $500. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R156-1 will have to be reprinted at an approximate cost of $75. The clarification and technical changes will have no cost or savings impact. Any cost or saving impact of new licensure regulation was addressed in the referenced legislation, or will be described in separate rule filings more fully implementing the new regulation, or both. - LOCAL GOVERNMENTS: This filing pertains to DOPL and its licensees and as such does not affect or impact local governments. Local governments neither enforce the listed violations, nor will they be affected by these application process clarifications. - SMALL BUSINESSES: This filing pertains to general provisions of DOPL and its licensees. The clarification and technical changes will have no cost or savings impact. As a result, the DOPL estimates that they will have no impact on small business. Any cost or saving impact of new licensure regulation was addressed in the referenced legislation, or will be described in separate rule filings more fully implementing the new regulation, or both. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This filing pertains to general provisions of DOPL and its licensees. The clarification and technical changes will have no cost or savings impact, because they only make formatting changes and add clarification to practices already taking place in the industry. Any cost or saving impact of new licensure regulation was addressed in the referenced legislation, or will be described in separate rule filings more fully implementing the new regulation, or both. In Subsection R156-1-308d(1), some savings to individual licensees may result from the proposed amendments to this subsection, under which the Division clarifies how and when it may grant continuing education credit to a licensee for volunteering as a subject- matter expert in the development of exams. Licensees who choose to volunteer by serving as a subject matter expert may save on the cost of attendance at one or more continuing education courses. However, the amount of the savings cannot be estimated, as it will vary significantly from licensee to licensee depending on a number of widely ranging factors, such as the number and type of volunteer services provided, any individual ratios for service hours decided upon by the licensing board over the licensee's profession, and the number and type of credit hours required from the licensee to maintain that particular license. In Section R156-1-502, DOPL estimates that there will be no cost or savings to other persons from these proposed amendments, over and above the impact from the underlying legislation, because the amendments establish a fine schedule for unprofessional conduct in accordance with H.B. 128 (2017). Costs or savings to other persons were included in the Legislature's consideration of H.B. 128 (2017), which determined that enactment of the legislation "could result in 24 licensees annually paying a $500 fine for total costs of $12,000". The fiscal analysis is available from the Utah State Legislature website at https://le.utah.gov/~2017/bills/static/HB0128.html. This conclusion is supported by the fact that any impact from these amendments cannot and should not be scaled to all other persons, as the fines will not affect the majority of those who meet the new professional standards and will never be fined. In other words, the impact of the fines will never be uniformly felt across the industry. Additionally, per DOPL's review, a licensee sanctioned for unprofessional conduct is unlikely to be fined again in succeeding years. In short, after conducting a thorough analysis, DOPL has determined that these proposed amendments will not result in a measurable fiscal impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: This filing pertains to general provisions of DOPL and its licensees. The clarification and technical changes will have no cost or savings impact. Any cost or savings impact of new licensure regulation was addressed in the referenced legislation, or will be described in separate rule filings more fully implementing the new regulation, or both. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to Rule R156-1 are proposed to: 1) carry out the mandate of H.B. 287 (2017), Cosmetology Licensing Act amendments, S.B. 74, Medical Interpreter Act amendments, H.B. 128, Health Care Debt Collection amendments, and H.B. 142, Administration of Anesthesia amendments; 2) make clarifying revisions; and 3) make technical revisions. The clarifying revisions and the technical revisions have no fiscal or non-fiscal impacts. The Subsection R156-1-308a(1) amendments establish two-year renewal cycles for licensing five new categories of licensees and changes the "CPA Firm" renewal date from September 30 to December 31. The new categories of licensees will have a renewal cycle similar to other licensees in the same field and there will be no adverse fiscal impact. The three-month change to the renewal cycle of CPA Firms will have a negligible impact, and only in the first year of the change. The Subsection R156-1-308a(2) amendments have no adverse fiscal impact by establishing a three-year license renewal cycle for certain medical language interpreters. The Section R156-1-308d amendments will have no adverse fiscal impact to small businesses by granting continuing education credit to certain licensees providing volunteer service. The Section R156-1-308f amendment clarifies that the concept of conditional licensure may include the license of an applicant that is pending the completion of an inspection, and will have no adverse fiscal impact to small businesses. The Section R156-1-501 amendment clarifies certain conduct as constituting unprofessional conduct, and will have no adverse fiscal impact to small businesses. The Section R156-1-502 amendment provides a two-tier fine schedule for violations of Subsection 58-1-508(2) and will impact only those health care providers that fail to follow certain health care claims practices. This would impact only violators and would not have an adverse fiscal impact on small business health care providers as a whole. As reflected in the Appendix 1 table, the only fiscal impact will be the first year printing costs of $75 for the rule amendments. This filing pertains to general provisions of DOPL and its licensees. The clarification and technical changes will have no cost or savings impact. As a result, DOPL estimates that they will have no impact on small businesses. Any cost or savings impact of the new licensure regulation was addressed in the referenced legislation, or will be described in separate rule filings more fully implementing the new regulation, or both. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42582.htm EDUCATION ADMINISTRATION No. 42609 (Amendment): R277-116. Audit Procedure. SUMMARY OF THE RULE OR CHANGE: Rule R277-116 is amended to remove items that are the Board's guidance to their staff, which is more appropriately included in an internal policy and procedure; remove the internal audit process that applies to internal audits of the Board, which is more appropriately included in an internal policy and procedure; and include clarity on the corrective action process after a Board internal audit is completed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have a fiscal impact on the state budget. This rule was amended to clarify the audit process for Board internal audits of entities governed by or receiving resources from the Board. - LOCAL GOVERNMENTS: This rule change is not estimated to have a fiscal impact on local governments. Rule R277-116 is amended to provide clarity of the Board's procedures for audits of agencies and outlines the role of the Audit Director, Superintendent, and agency in the audit process. - SMALL BUSINESSES: This rule change is not estimated to have a fiscal impact on the small businesses. Rule R277-116 is amended to provide clarity of the Board's procedures for audits of agencies, outline the role of the Audit Director, Superintendent, and agency in the audit process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities. This rule was amended to clarify the audit process for Board internal audits of entities governed by or receiving resources from the Board. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Administrative Rule R277-116 outlines the audit process for the Utah State Board of Education (Board) internal audits of entities governed by or receiving resources from the Board. Based on feedback from the Audit Committee, the Board Internal Audit Department reviewed R277-116 and proposed the following changes: 1. remove items that are Board guidance to their staff, which is more appropriately included in an internal policy and procedure; 2. remove the internal audit process that applies to internal audits of Board, which is more appropriately included in an internal policy and procedure; and 3. include clarity on the corrective action process after a Board internal audit is completed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42609.htm No. 42608 (Amendment): R277-122. Board of Education Procurement. SUMMARY OF THE RULE OR CHANGE: Rule R277-122 modifies procurement rules for the State Board of Education (USBE) to align Board of Education procurement and uniform guidance for federal procurement guidelines. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have fiscal impact on the state budget, because this rule is amended to align the USBE procurement rule and uniform guidance for federal procurement guidelines. - LOCAL GOVERNMENTS: This rule change is not estimated to have fiscal impact on the local government, because this rule is amended to align the USBE procurement rule and uniform guidance for federal procurement guidelines. - SMALL BUSINESSES: This rule change is not estimated to have fiscal impact on small businesses, because this rule is amended to align the USBE procurement rule and uniform guidance for federal procurement guidelines. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have fiscal impact on the persons other than small businesses, businesses, or local government entities, because this rule is amended to align the USBE procurement rule and uniform guidance for federal procurement guidelines. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change (R277-122) is not estimated to have a fiscal impact. It modifies procurement rules for the State Board of Education to align Board of Education procurement and uniform guidance for federal procurement guidelines. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42608.htm No. 42610 (Amendment): R277-482. Charter School Timelines and Approval Processes. SUMMARY OF THE RULE OR CHANGE: This rule change aligns the rule with statute and current practice. The rule change also provides criteria a charter school authorizer shall consider when considering an expansion request or a satellite charter school. This change puts into rule current criteria used to evaluate these requests. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have a fiscal impact on the state budget, because this rule is amended to align the rule with statute and current practice. - LOCAL GOVERNMENTS: This rule change is not estimated to have a fiscal impact on local governments, because this rule is amended to align with statute and current practice. - SMALL BUSINESSES: This rule change is not estimated to have a fiscal impact small businesses, because this rule is amended to align the rule with statute and current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities, because this rule is amended to align the rule with statute and current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change (R277-482) is not estimated to have a fiscal impact. It requires that if the charter school authorizer approves a charter school expansion, the expansion shall be submitted to the State Board of Education for approval before October 1 of the state fiscal year prior to the school’s intended expansion date. This change aligns the rule with statute and current practice. This rule change also provides criteria a charter school authorizer shall consider when considering an expansion request or a satellite charter school. This change puts into rule current criteria used to evaluate these requests. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42610.htm No. 42611 (Amendment): R277-610. Released-Time Classes and Public Schools. SUMMARY OF THE RULE OR CHANGE: This rule change provides technical and conforming changes in accordance with the Rulewriting manual for Utah and Board policies for Released-Time Classes and Public Schools. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have a fiscal impact on the state budget, because the amendments to the rule provide technical changes. - LOCAL GOVERNMENTS: This rule change is not estimated to have a fiscal impact on local governments, because the amendments to the rule provide technical changes. - SMALL BUSINESSES: This rule change is not estimated to have a fiscal impact on small businesses, because the amendments to the rule provide technical changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have a fiscal impact persons other than small businesses, businesses, or local government entities, because the amendments to the rule provide technical changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change (R277-610) is not estimated to have a fiscal impact. It provides technical and conforming changes in accordance with the Rulewriting Manual for Utah and Board policies for Released-Time Classes and Public Schools. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42611.htm No. 42612 (Repeal and Reenact): R277-613. LEA Bullying, Cyber-bullying, Hazing and Harassment Policies and Training. SUMMARY OF THE RULE OR CHANGE: This rule is amended in response to S.B. 161, Bullying and Hazing Amendments, and H.B. 62, Educator Rights Amendments, both from the 2017 General Session. Along with technical changes in accordance with the Rulewriting Manual for Utah, the rule changes include changes in definitions and terminology, and updates to training requirements. This rule change also adds incident review requirements whereby a local education agency must review allegations of incidents of bullying, cyber-bullying, hazing, and retaliation as detailed in R277-613-5. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have fiscal impact on the state budget, because this rule is amended with technical changes in accordance with the Rulewriting Manual for Utah. - LOCAL GOVERNMENTS: This rule change may have a fiscal impact on local governments, however, this impact will be minimal as it is likely local education agencies are tracking incidents of bullying, cyber-bullying, hazing, and retaliation since current rule requires local education agencies to notify parents of incidents and to maintain documentation. - SMALL BUSINESSES: This rule change is not estimated to have a fiscal impact on small businesses, because this rule is amended with technical changes in accordance with the Rulewriting Manual for Utah. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have fiscal impact on persons other than small businesses and businesses, or local government entities, because this rule is amended with technical changes in accordance with the Rulewriting Manual for Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change (R277-613) may have a fiscal impact on local education agencies (LEAs). This rule is amended in response to S.B. 161, Bullying and Hazing Amendments and H.B. 62, Educator Rights Amendments, both from the 2017 General Session. Along with technical changes in accordance with the Rulewriting Manual for Utah, the rule changes include changes in definitions and terminology and updates to training requirements. This rule change also adds incident review requirements whereby an LEA must review allegations of incidents of bullying, cyber-bullying, hazing, and retaliation as detailed in R277-613-5. Local education agencies also must report annually to the Superintendent on the LEA’s policies, training, and incidents of bullying, cyber-bullying, hazing, and retaliation. There may be a fiscal impact on LEAs who are not already reviewing allegations as outlined and to report the required information to the Utah State Board of Education annually. However, it is anticipated that this impact will be minimal as it is likely LEAs are tracking incidents of bullying, cyber-bullying, hazing, and retaliation since current rule requires LEAs to notify parents of incidents and to maintain documentation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42612.htm No. 42613 (Amendment): R277-709. Education Programs Serving Youth in Custody. SUMMARY OF THE RULE OR CHANGE: This rule change provides technical and conforming changes in accordance with the Rulewriting Manual for Utah and Board policies for Education Programs Serving Youth in Custody. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have a fiscal impact on the state budget, because it is amended for technical changes. - LOCAL GOVERNMENTS: This rule change is not estimated to have a fiscal impact on local governments, because it is amended for technical changes. - SMALL BUSINESSES: This rule change is not estimated to have a fiscal impact on small businesses, because it is amended for technical changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities, because it is amended for technical changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance cost for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change (R277-709) is not estimated to have a fiscal impact. It provides technical and conforming changes in accordance with the Rulewriting Manual for Utah and Board policies for Education Programs Serving Youth in Custody. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42613.htm No. 42614 (Amendment): R277-719. Standards for Selling Foods Outside of the Reimbursable Meal in Schools. SUMMARY OF THE RULE OR CHANGE: This rule change provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies for Standards for Selling Foods Outside of the Reimbursable Meal in Schools. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have a fiscal impact on the state budget, because the rule is amended for technical and stylistic changes. - LOCAL GOVERNMENTS: This rule change is not estimated to have a fiscal impact on local governments, because the rule is amended for technical and stylistic changes. - SMALL BUSINESSES: This rule change is not estimated to have a fiscal impact on small businesses, because the rule is amended for technical and stylistic changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have fiscal a impact on persons other than small businesses, businesses, or local government entities, because the rule was amended for technical and stylistic changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change (R277-719) is not estimated to have a fiscal impact. It provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies for Standards for Selling Foods Outside of the Reimbursable Meal in Schools. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42614.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42594 (Amendment): R414-3A-5. Services. SUMMARY OF THE RULE OR CHANGE: This amendment specifies that coverage for sleep studies is available only through the three accreditation organizations listed in the text. This revised list allows sleep centers more options for accreditation and improves access to sleep study services for Medicaid members. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because funding and accreditation for sleep studies is within budget allotments set forth by the legislature. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund outpatient hospital services for Medicaid members. - SMALL BUSINESSES: Small businesses will see more revenue through this revised list of accreditation organizations. Nevertheless, there are not sufficient nor cost effective data available to determine what those increases may be. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers and accreditation organizations will see more revenue through this revised list. Nevertheless, there are not sufficient nor cost effective data available to determine what those increases may be. Medicaid members will likewise see an increased, yet undetermined amount of out-of-pocket savings through improved access to services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change can only result in increased revenue and out-of-pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses will see more revenue through this revised list of accreditation organizations. Nevertheless, there are not sufficient nor cost effective data available to determine what those increases may be. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42594.htm No. 42595 (New Rule): R414-518. Emergency Services Program for Non-Citizens. SUMMARY OF THE RULE OR CHANGE: This new rule implements policy for emergency services through definitions, eligibility requirements, and service coverage criteria. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule only implements ongoing Medicaid policy for emergency services. - LOCAL GOVERNMENTS: There is no budget impact to local governments because they do not fund or provide emergency services under the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because this rule only implements ongoing Medicaid policy for emergency services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this rule only implements ongoing Medicaid policy for emergency services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this rule only implements ongoing Medicaid policy for emergency services. 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 04/02/2018 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: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42595.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 42567 (Amendment): R612-300-4. General Method for Computing Medical Fees. SUMMARY OF THE RULE OR CHANGE: The purpose of this rule change is to correct a typographical error in the rule text. The anesthesiology conversion factors were approved by the Workers' Compensation Advisory Council at $62 not the $65 as stated in the current rule text. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There would be a savings of $3 per unit of anesthesiology charged in workers' compensation cases. - LOCAL GOVERNMENTS: There would be a savings of $3 per unit of anesthesiology charged in workers' compensation cases. - SMALL BUSINESSES: There would be a savings of $3 per unit of anesthesiology charged in workers' compensation cases. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There would be a savings of $3 per unit of anesthesiology charged in workers' compensation cases. COMPLIANCE COSTS FOR AFFECTED PERSONS: There would be a savings of $3 per unit of anesthesiology charged in workers' compensation cases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There would be a savings of $3 per unit of anesthesiology charged in workers' compensation cases. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42567.htm OCCUPATIONAL SAFETY AND HEALTH No. 42568 (Amendment): R614-1-4. Incorporation of Federal Standards. SUMMARY OF THE RULE OR CHANGE: This rule change exempts 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D) from the 29 CFR 1910 standards (July 1, 2017 edition of 29 CFR 1021.21 through the end part of 1910) that were incorporated by reference. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: State government entities will not be affected by this rule change. Exemption of these standards from the incorporated federal standards will provide entities additional time to comply with the requirements set forth in 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D), which will be incorporated by reference at a later date. - LOCAL GOVERNMENTS: Local governments will not be affected by this rule change. Exemption of these standards from the incorporated federal standards will provide entities additional time to comply with the requirements set forth in 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B) and 29 CFR 1910.28(b)(9)(i)(D), which will be incorporated by reference at a later date. - SMALL BUSINESSES: Small businesses will not be affected by this rule change. Exemption of these standards from the incorporated federal standards will provide entities additional time to comply with the requirements set forth in 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D), which will be incorporated by reference at a later date. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be affected by this rule change. Exemption of these standards from the incorporated federal standards will provide entities additional time to comply with the requirements set forth in 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D), which will be incorporated by reference at a later date. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs resulting from the exemption of 29 CFR 1910.27(b)(1), 29 CFR 1910.28(b)(9)(i)(A), 29 CFR 1910.28(b)(9)(i)(B), and 29 CFR 1910.28(b)(9)(i)(D) from the 29 CFR 1910 standards (July 1, 2017 edition of 29 CFR 1910.21 through the end part of 1910) that were incorporated by reference. Exemption of these standards will provide employers additional time to comply with the requirements which will be incorporated by reference at a later date. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The only fiscal impact will be to employers who violate the incorporated safety standards. The majority of incorporated safety standards are updated versions of federal safety regulations. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42568.htm BOILER, ELEVATOR AND COAL MINE SAFETY No. 42565 (Amendment): R616-2-3. Safety Codes and Rules for Boilers and Pressure Vessels. SUMMARY OF THE RULE OR CHANGE: Adoption of most recent safety codes as they apply to boilers and pressure vessels in the state of Utah as follows: ASME B31.1 - 2016, ASME Boiler and Pressure Vessel Code, Section 1 -2017, ASME Boiler and Pressure Vessel Code, Section IV - 2017 and ASME Boiler and Pressure Vessel Code, Section VIII Div 1 - 2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The initial cost to purchase all of these code books both for the Division of Boiler, Elevator, and Coal Mine Safety (Division) and for Administrative Rules was $1645. Other than the cost to purchase these books, the Division is not aware of any other cost that will be incurred at the time of installation or during maintenance, due to the adoption of these codes. - LOCAL GOVERNMENTS: Other than the cost to purchase these books, if desired, the Division is not aware of any other cost that will be incurred by local governments, at the time of installation or during maintenance, due to the adoption of these codes. - SMALL BUSINESSES: Other than the cost to purchase these books, if desired, the Division is not aware of any other cost that will be incurred by small businesses, at the time of installation or during maintenance, due to the adoption of these codes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other than the cost to purchase these books, if desired, the Division is not aware of any other cost that will be incurred by persons other than small businesses, businesses, or local government entities, at the time of installation or during maintenance, due to the adoption of these codes. COMPLIANCE COSTS FOR AFFECTED PERSONS: Other than the cost to purchase these books, if desired, the Division is not aware of any other cost that will be incurred by affected persons, at the time of installation or during maintenance, due to the adoption of these codes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Other than the cost to purchase these books, if desired, the Commissioner is not aware of any other cost that will be incurred, at the time of installation or during maintenance, due to the adoption of these codes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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 - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42565.htm No. 42566 (Amendment): R616-3-3. Safety Codes for Elevators. SUMMARY OF THE RULE OR CHANGE: Adoption of the most recent safety codes as they apply to elevators and escalators as defined in Section 34A-7-202 as follows: ASME A17.1 - 2016/CSA B44-16 Safety Code for Elevators and Escalators. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The initial cost to purchase the code book for both for the Division of Boiler, Elevator and Coal Mine Safety (Division) and for Administrative Rules was $360. Other than the cost to purchase the book, the Division is not aware of any other cost that will be incurred, at the time of installation or during maintenance, due to the adoption of these codes. - LOCAL GOVERNMENTS: Other than the cost to purchase the book, if desired, the Division is not aware of any other cost that will be incurred by local governments, at the time of installation or during maintenance, due to the adoption of these codes. - SMALL BUSINESSES: Other than the cost to purchase the book, if desired, the Division is not aware of any other cost that will be incurred by small businesses, at the time of installation or during maintenance, due to the adoption of these codes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other than the cost to purchase the book, if desired, the Division is not aware of any other cost that will be incurred by persons other than small businesses, businesses, or local government entities, at the time of installation or during maintenance, due to the adoption of these codes. COMPLIANCE COSTS FOR AFFECTED PERSONS: Other than the cost to purchase the book, if desired, the Division is not aware of any other cost that will be incurred by affected persons, at the time of installation or during maintenance, due to the adoption of these codes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Other than the cost to purchase the book, if desired, the Commissioner is not aware of any other cost that will be incurred, at the time of installation or during maintenance, due to the adoption of these codes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 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 - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42566.htm NATURAL RESOURCES WATER RIGHTS No. 42606 (Repeal and Reenact): R655-1. Wells Used for the Discovery and Production of Geothermal Energy in the State of Utah. SUMMARY OF THE RULE OR CHANGE: The current rule requires clarification and updates to match current industry practice. The statutory obligation continues and there is a continuing need for this rule to provide guidance for requirements pertaining to Geothermal Energy. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost involved, clarification of processing does not require a dollar figure. - LOCAL GOVERNMENTS: No cost involved, clarification of processing does not require a dollar figure. - SMALL BUSINESSES: No cost involved, clarification of processing does not require a dollar figure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost involved, clarification of processing does not require a dollar figure. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost involved, clarification of processing does not require a dollar figure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact, clarification of processing does not require a dollar figure. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42606.htm No. 42607 (Repeal and Reenact): R655-4. Water Wells. SUMMARY OF THE RULE OR CHANGE: The current rule requires clarification and updates to match current industry practice. The statutory obligation continues and there is a continuing need for this rule to provide guidance for requirements pertaining to Water Wells. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost involved, clarification of processing does not require a dollar figure. - LOCAL GOVERNMENTS: No cost involved, clarification of processing does not require a dollar figure. - SMALL BUSINESSES: No cost involved, clarification of processing does not require a dollar figure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost involved, clarification of processing does not require a dollar figure. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost involved, clarification of processing does not require a dollar figure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact, clarification of processing does not require a dollar figure. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42607.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 April 2, 2018. From the end of the 30-day waiting period through June 29, 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. ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 42204 (Change in Proposed Rule): R313-25. License Requirements for Land Disposal of Radioactive Waste – General Provisions. SUMMARY OF THE RULE OR CHANGE: Subsection R313-25-31.5(3), as published in the 11/1/2017 issue of the Bulletin, is being deleted in response to a comment submitted by the licensee of the radioactive waste disposal facility during the public comment period. Deleting this subsection removes the requirement for an applicant or licensee of a radioactive waste disposal facility to reimburse the costs of the Director to utilize the expertise of an outside contractor or cost estimator to review the applicant's or licensee's competitive site-specific estimate. It was determined that costs for reviewing a competitive site-specific estimate can be recovered using the Division's current budgeting process. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the November 1, 2017, issue of the Utah State Bulletin, on page 83. 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: In the originally proposed rule change, published in the Utah State Bulletin on November 1, 2017, the applicant or licensee of a radioactive disposal facility had two options in providing a financial assurance cost estimate to the Director for his review. If the applicant or licensee elects to submit a competitive site-specific cost estimate, and the Director chooses to engage the services of an outside contractor or cost estimator to assist the Director in his review, then the Director will utilize the current budget process to ensure adequate funding will exist to cover the cost of these services. The cost associated with the Director's review of, and action on, a cost estimate that does not involve contractor services will be covered by existing budget and staff resources. The impact to the state budget due to the revision with the change in proposed rule will be dependent on the discretion of the applicant or licensee as to which cost estimate option will be used. - LOCAL GOVERNMENTS: No local governments own, operate, or are licensed to operate a radioactive waste disposal facility; therefore, there is no cost or savings impact to local governments. - SMALL BUSINESSES: The existing radioactive waste disposal facility is not considered a small business and no small businesses in Utah own, operate, or are licensed to operate a radioactive waste disposal facility; therefore, there is no cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is only one facility in Utah that is currently affected by the proposed rule changes. S.B. 79 (2017 General Session) creates an optional way that a licensee may establish the estimated closure and post- closure costs. If the licensee chooses RS Means as the basis of the cost estimate, then, based on comments received from the radioactive disposal facility, the cost to prepare and submit this cost estimate is approximately $15,000. If the licensee chooses to submit a competitive site-specific estimate, the cost to a licensee to prepare such cost estimate will include hiring an outside contractor. Based on comments from the radioactive disposal facility, past costs to prepare and submit a combined cost estimate (from two separate third party estimates) were $250,000 in contractor fees and $35,000 for internal labor costs. In the originally proposed rule changes, published on November 1, 2017, the licensee was required to provide funding if the Director sought outside assistance from a consultant or cost estimator who is familiar with local market costs to help evaluate the licensee’s submission. This change in proposed rule deletes the proposed requirement for a licensee to directly reimburse the costs of the agency using a consultant or cost estimator to review a licensee’s competitive site- specific estimate. However, deleting the proposed requirement from the rule does not eliminate the licensee’s obligation to cover the review costs. The Director will utilize the current budget process to ensure adequate funding for any contracted services will be part of the agency’s budget request. The costs to the licensee for the Director’s review can vary depending on the quality of the information submitted, the consulting expertise needed, and the time necessary to complete the review. These costs will be based on an approved state contract for third party consulting services and will likely be less than the cost information provided by the radioactive waste disposal facility above since it included the combined costs of two separate contractor fees. It is anticipated that a single cost estimate will be submitted for future competitive site-specific estimates. COMPLIANCE COSTS FOR AFFECTED PERSONS: Existing law places the burden on the licensee to demonstrate that its financial surety is sufficient at all times to cover the costs of a third party contractor to complete the required closure and post-closure activities in the event the licensee is unable or unwilling to perform closure and post-closure activities. This serves to protect Utah taxpayers from paying for these activities. S.B. 173 (2015 General Session), S.B, 79 (2017 General Session), and the change in proposed rule do not alter the underlying compliance requirement; however, these changes do provide an alternate way in lieu of RS Means for the licensee to demonstrate compliance. The licensee's potential compliance costs will be similar to those described above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule revision being made by this change in proposed rule is in response to comments made by the existing radioactive disposal facility during the public comment period. Removing the paragraph that requires an applicant or licensee of a radioactive waste disposal facility to reimburse the agency’s cost to utilize an outside contractor or cost estimator to review a competitive site-specific cost estimate allows the agency to address this as part of the existing budget process. Any agency costs for an outside contractor or cost estimator to review a competitive cost estimate will be incorporated into the agency’s budget request in order to ensure adequate funding will be available for any external contractor or cost estimator costs. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42204.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 FINANCE No. 42570 (5-year Review): R25-5. Payment of Meeting Compensation (Per Diem) to Boards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule because it is required by statute. It sets the rates for meeting compensation (per diem) paid to board members and establishes the conditions under which the meeting compensation (per diem) will be paid. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cory Weeks by phone at 801-538-3100, or by Internet E-mail at cweeks@utah.gov EFFECTIVE: 02/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42570.htm No. 42571 (5-year Review): R25-6. Relocation Reimbursement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: A Division of Finance review determined that this rule should be continued because it sets the requirements for reimbursing relocation expenses to state employees. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cory Weeks by phone at 801-538-3100, or by Internet E-mail at cweeks@utah.gov EFFECTIVE: 02/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42571.htm No. 42572 (5-year Review): R25-7. Travel-Related Reimbursements for State Employees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: A Division of Finance review determined that this rule should be continued because it is required by statute. It sets the travel-related reimbursement rates for state employees. No opposing comments have been received within the last five years. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cory Weeks by phone at 801-538-3100, or by Internet E-mail at cweeks@utah.gov EFFECTIVE: 02/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42572.htm No. 42573 (5-year Review): R25-8. Overtime Meal Allowance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: A Division of Finance review determined that this rule should be continued because it sets the requirements for paying an overtime meal allowance to a state employee. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cory Weeks by phone at 801-538-3100, or by Internet E-mail at cweeks@utah.gov EFFECTIVE: 02/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42573.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 42596 (5-year Review): R512-100. In-Home Services. 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 this rule is necessary in order for the Division of Child and Family Services to continue to provide In-Home Services to support children and families in Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42596.htm No. 42597 (5-year Review): R512-200. Child Protective Services, Intake Services. 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 this rule is necessary in order for the Division of Child and Family Services to continue to provide Intake services to support children and families in Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42597.htm No. 42598 (5-year Review): R512-201. Child Protective Services, Investigation Services. 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 this rule is necessary in order for the Division of Child and Family Services to continue to provide Child Protective Services investigative services to support children and families in Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42598.htm No. 42599 (5-year Review): R512-202. Child Protective Services, General Allegation Categories. 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 this rule is necessary in order for the Division of Child and Family Services to continue to utilize appropriate definitions in providing programs and services to support children and families in Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42599.htm No. 42600 (5-year Review): R512-300. Out-of-Home Services. 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 this rule is necessary in order for the Division of Child and Family Services to continue to provide out-of-home services to support children and families in Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42600.htm No. 42601 (5-year Review): R512-301. Out-of-Home Services, Responsibilities Pertaining to a Parent or Guardian. 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 this rule is necessary in order for the Division of Child and Family Services (DCFS) to continue to provide programs and services to support children and families in Utah, especially regarding the roles and responsibilities of DCFS to a parent or guardian of a child who is receiving out-of-home services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42601.htm No. 42602 (5-year Review): R512-302. Out-of-Home Services, Responsibilities Pertaining to an Out-of-Home Caregiver. 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 this rule is necessary in order for the Division of Child and Family Services to continue to provide programs and services to support children and families in Utah, especially regarding the responsibilities pertaining to an out-of-home caregiver. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42602.htm No. 42603 (5-year Review): R512-305. Out-of-Home Services, Transition to Adult Living Services. 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 this rule is necessary in order for the Division of Child and Family Services to continue to provide transition to adult living services to support children and families in Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42603.htm No. 42604 (5-year Review): R512-309. Out-of-Home Services, Foster Parent Reimbursement of Motor Vehicle Insurance Coverage for Youth in Foster Care. 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 this rule is necessary in order for the Division of Child and Family Services to continue to provide programs and services to support children and families in Utah, specifically to reimburse foster parents who pay for motor vehicle insurance for youth in their care. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42604.htm No. 42605 (5-year Review): R512-500. Kinship Services, Placement and Background Screening. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to provide programs and services to support children and families in Utah, specifically for kinship placements. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 02/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42605.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 42561 (5-year Review): R612-100. Workers' Compensation Rules - General Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule defines terms, lists all forms used by the Labor Commission, and designates certain proceedings as informal adjudicatory proceedings. As such, this rule is critical to the continued operations of the commission and the administration of the Workers’ DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov EFFECTIVE: 02/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42561.htm No. 42562 (5-year Review): R612-200. Workers' Compensation Rules - Filing and Paying Claims. 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 outlines the reporting requirements of workplace injuries, prohibits the direct payment of benefits by employers, denotes insurance carrier/employer liability, provides for burial benefits, and provides for the permanent and total disability process. As such, this rule is critical to the continued operations of the Labor Commission and the administration of the Workers’ Compensation Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov EFFECTIVE: 02/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42562.htm No. 42563 (5-year Review): R612-300. Workers' Compensation Rules - Medical Care. 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 outlines the procedures and fees for the treatment of injured workers by medical providers, billing processes including disputes, ratings of injury types, processing of medical records, and the reporting of emergency medical service providers. As such, this rule is critical to the continued operations of the Labor Commission and the administration of the Workers’ Compensation Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov EFFECTIVE: 02/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42563.htm No. 42564 (5-year Review): R612-400. Workers' Compensation Insurance, Self- Insurance and Waivers. 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 outlines the policy reporting by workers compensation insurance carriers, coverage requirements for professional employer organizations, self-insurance obligations and requirements, process to obtain a workers’ compensation coverage DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov EFFECTIVE: 02/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42564.htm PARDONS (BOARD OF) ADMINISTRATION No. 42575 (5-year Review): R671-312. Commutation Hearings for Death Penalty Cases. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness in commutation petitions. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42575.htm No. 42576 (5-year Review): R671-509. Parole Progress/Violation Reports. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board of Pardons (Board) supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness in parole modifications. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42576.htm No. 42577 (5-year Review): R671-510. Evidence for Issuance of Warrants. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for maintaining public safety, balance, and fairness in issuing warrants. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42577.htm No. 42578 (5-year Review): R671-512. Execution of the Warrant. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for public safety, balance, and fairness in warrant execution requirements. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42578.htm No. 42579 (5-year Review): R671-513. Expedited Determination of Parolee Challenge to Probable Cause. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for public safety, balance, and fairness in warrant procedures. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42579.htm No. 42580 (5-year Review): R671-514. Waiver and Pleas of Guilt. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board of Pardons (Board) supports the continuation of this rule because it is a guide for the Board to use to strive for a transparent, balanced, and fair offender's waiver and pleas of guilt process. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42580.htm No. 42581 (5-year Review): R671-515. Timeliness of Parole Revocation Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness in revocation hearings. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42581.htm No. 42583 (5-year Review): R671-516. Parole Revocation Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness in parole revocation proceedings. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42583.htm No. 42584 (5-year Review): R671-517. Evidentiary Hearings and Proceedings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness in evidentiary hearings and proceedings. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42584.htm No. 42585 (5-year Review): R671-518. Conduct of Proceedings When a Criminal Charge Results in Conviction. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness in parole terminations. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42585.htm No. 42586 (5-year Review): R671-519. Proceedings When Criminal Charges Result in Acquittal. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness in hearing proceedings. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42586.htm No. 42587 (5-year Review): R671-520. Treatment of Confidential Testimony. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness in parole terminations. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42587.htm No. 42588 (5-year Review): R671-522. Continuances Due to Pending Criminal Charges. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness in continuing hearings. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 02/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42588.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42590 (5-year Review): R746-330. Rules for Water and Sewer Utilities Operating in Utah. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary to regulate the methods and conditions of service for water and sewer corporations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@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: 02/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42590.htm No. 42593 (5-year Review): R746-332. Depreciation Rates for Water Utilities. 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 needs to remain in effect to provide plant service life guidelines for those water utilities that cannot afford to perform depreciation studies on their own plant. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@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: 02/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42593.htm No. 42589 (5-year Review): R746-347. Extended Area Service (EAS). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary to establish or restructure EAS just and reasonable rates for all classes of customers offered by Utah telephone corporations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@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: 02/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42589.htm No. 42592 (5-year Review): R746-402. Rules Governing Reports of Accidents by Electric, Gas, Telephone, and Water Utilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary that this rule be continued because accidents of public utilities may have an impact on rates. Also, the PSC has a duty to investigate accidents involving utility property that results in loss of life or injury to persons, or property. 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: 02/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42592.htm No. 42591 (5-year Review): R746-405. Filing of Tariffs for Gas, Electric, Telephone, and Water Utilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary that this rule be continued because it contains the process, format, construction, and content guidelines utility companies need when filing tariffs. 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: 02/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42591.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). HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 42569 (Five-Year Extension): R384-201. School-Based Vision Screening for Students in Public Schools. EXTENSION REASON: The Utah Department of Health (Department) would like to file a 120-day extension in order to revise this rule. The Department will need this time to incorporate anticipated changes in the vision screening statute Section 53G-9-404. The Division of Services for the Blind and Visually Impaired, the Utah Schools for the Deaf and Blind, in conjunction with the Department are currently working on updating this rule since many references and requirements are out of date. There was also a recodification of the authorizing statute, which requires updating this rule. The new deadline is 06/20/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - BettySue Hinkson by phone at 801-538-6814, or by Internet E-mail at bhinkson@utah.gov EFFECTIVE: 02/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180301/42569.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. ATTORNEY GENERAL ADMINISTRATION No. 42367 (AMD): R105-2.Records Access and Management Published: 01/01/2018 Effective: 02/07/2018 HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 42234 (AMD): R501-18.Recovery Residence Services Published: 11/01/2017 Effective: 02/07/2018 INSURANCE ADMINISTRATION No. 42395 (AMD): R590-102.Insurance Department Fee Payment Rule Published: 01/01/2018 Effective: 02/08/2018 NATURAL RESOURCES WILDLIFE RESOURCES No. 42371 (AMD): R657-5.Taking Big Game Published: 01/01/2018 Effective: 02/07/2018 No. 42376 (AMD): R657-9.Taking Waterfowl, Wilson's Snipe and Coot Published: 01/01/2018 Effective: 02/07/2018 No. 42377 (AMD): R657-19.Taking Nongame Mammals Published: 01/01/2018 Effective: 02/07/2018 No. 42379 (AMD): R657-41.Conservation and Sportsman Permits Published: 01/01/2018 Effective: 02/07/2018 No. 42374 (AMD): R657-62.Drawing Application Procedures Published: 01/01/2018 Effective: 02/07/2018 No. 42372 (AMD): R657-67.Utah Hunter Mentoring Program Published: 01/01/2018 Effective: 02/07/2018 No. 42378 (REP): R657-70.Taking Utah Prairie Dogs Published: 01/01/2018 Effective: 02/07/2018 No. 42373 (NEW): R657-71.Removal of Wild Deer from Domesticated Elk Facilities Published: 01/01/2018 Effective: 02/07/2018 TRANSPORTATION OPERATIONS, MAINTENANCE No. 42392 (AMD): R918-6.Maintenance Responsibility at Intersections, Overcrossings, and Interchanges between Class A Roads and Class B or Class C Roads Published: 01/01/2018 Effective: 02/07/2018 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/ . <> ----------------------------