---------------------------- Utah State Digest, Vol. 2018, No. 8 (April 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed March 16, 2018, 12:00 AM through April 2, 2018, 11:59 PM Volume 2018, No. 8 April 15, 2018 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah- state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for May 2018 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/sn160066.htm Capital Improvement Incentive - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/sn160120.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 March 16, 2018, 12:00 a.m., and April 2, 2018, 11:59 p.m. are summarized in this, the April 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the April 15, 2018, issue of the Utah State Bulletin until at least May 15, 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 August 13, 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. HEALTH CHILD CARE CENTER LICENSING COMMITTEE No. 42727 (Amendment): R381-60. Hourly Child Care Centers. SUMMARY OF THE RULE OR CHANGE: These changes will clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber the subsections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed deletion of the fingerprint exception subsection is expected to have a one-time fiscal impact on the state revenues because 7 out of the 15 currently licensed hourly centers will have to submit fingerprints. There are 70 covered individuals (as reported in our records) whom will have to pay the cost of the fingerprints. The individual cost for a fingerprint is $37. The expected revenues are a one-time event, and that is why there are no additional costs or benefits in the following years. Any new facilities will have to submit fingerprints as well. However, the Committee cannot anticipate how many, if any, will become licensed or license exempt. The Committee does not anticipate any additional costs or savings due to the other proposed rule changes. - LOCAL GOVERNMENTS: These proposed changes are not expected to have any fiscal impact on local governments' revenues or expenditures because there are no licensed hourly centers operated by local governments to whom these changes will affect. There is only one business in the child care industry (NAICS 624410) in Utah operated by a local government, but that facility is exempt from the requirements of this rule. - SMALL BUSINESSES: All hourly centers are small businesses. These rule changes are expected to have a one-time fiscal impact on small businesses expenditures because there are seven hourly centers that operate as small businesses to whom the requirement for fingerprints will directly affect. There are 70 covered individuals (as reported in our records) whom will have to pay the cost of the fingerprints. The individual cost for a fingerprint is $37. All other hourly centers have already complied with this requirement, but will continue to submit and pay for fingerprints for all new covered individuals not because of this change but because of the current rule. The number of new covered individuals these facilities will employ, if any, cannot be calculated because there is no data available. Any new facilities will have to submit fingerprints as well. However, the Committee cannot anticipate how many, if any, will become licensed or license exempt. The Committee does not anticipate any additional costs or savings due to the other proposed rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because only a group of small businesses will be affected by the changes. Currently, there are no persons that are not small businesses to whom these changes will apply. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since fingerprints will be required of any hourly center provider, all new applicants for an hourly center license will be required to pay for fingerprints, with no exceptions, if they have not already done so. The Committee cannot project the number of new applicants, but the number of hourly center providers has remained about the same for the past five years. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber subsections as needed. There is a one-time fiscal impact on small businesses for the cost of submitting fingerprints. There are 7 hourly child care centers with an estimated 70 individuals who will be required to submit fingerprints at a cost of $37 per person. The minimal cost of the fingerprinting process is balanced out by the need conduct background checks for the health and safety of children receiving care in the affected centers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42727.htm No. 42726 (Amendment): R381-70. Out of School Time Child Care Programs. SUMMARY OF THE RULE OR CHANGE: These changes will clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber the subsections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed deletion of the fingerprint exception subsection is expected to have a one-time fiscal impact on state revenues because 6 out of the 12 currently licensed out of school time programs will have to submit fingerprints. There are 120 covered individuals (as reported in our records) whom will have to pay the cost of the fingerprints. The individual cost for a fingerprint is $37. The expected revenues are a one- time event, and that is why there are no additional costs or benefits in the following years. Any new facilities will have to submit fingerprints as well. However, the Committee cannot anticipate how many, if any, will become licensed or license exempt. The Committee does not anticipate any additional costs or savings due to the other proposed rule changes. - LOCAL GOVERNMENTS: These proposed changes are not expected to have any fiscal impact on local governments' revenues or expenditures because there are no licensed out of school time programs operated by local governments to whom these changes will affect. There is only one business in the child care industry (NAICS 624410) in Utah operated by a local government, but that facility is exempt from the requirements of this rule. - SMALL BUSINESSES: These rule changes are expected to have a one-time fiscal impact on small businesses' expenditures because there are six out of school time programs that operate as small business to whom the requirement for fingerprints will directly affect. There are 120 covered individuals (as reported in our records) whom will have to pay the cost of the fingerprints. The individual cost for a fingerprint is $37. All other out of school time programs have already complied with this requirement, but will continue to submit and pay for fingerprints for all new covered individuals because of the current rule. The number of new covered individuals these facilities will employ, if any, cannot be calculated because there is no data available. The Committee does not anticipate any additional costs or savings due to the other proposed rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because only a group of small businesses will be affected by these changes. Currently, there are no persons that are not small businesses to whom these changes will apply. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since fingerprints will be required of any out of school time program, all new applicants for an out of school time program license will be required to pay for fingerprints, with no exceptions, if they have not already done so. The Committee cannot project the number of new applicants, but the number of out of school time program providers has remained about the same for the past five years. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes will clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber the subsections as needed. There is a one-time fiscal impact on small businesses for the cost of submitting fingerprints. There are 6 out of school time programs with an estimated 120 individuals who will be required to submit fingerprints at a cost of $37 per person. The minimal cost of the fingerprinting process is balanced out by the need to conduct background checks for the health and safety of children receiving care in the affected programs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42726.htm No. 42725 (Amendment): R381-100. Child Care Centers. SUMMARY OF THE RULE OR CHANGE: These changes will clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber subsections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed deletion of the fingerprint exception subsection is expected to have a one-time fiscal impact on the state government revenues because 2 out of the 322 currently licensed centers will now have to submit fingerprints. Each of the 2 facilities has 14 covered individuals (as reported in our records) who will have to pay the cost of the fingerprints. The individual cost for a fingerprint is $37. The expected revenues are a one-time issue, and that is why there are no additional costs or benefits in the following years. Any new facilities will have to submit fingerprints as well. However, the Committee cannot anticipate how many, if any, will become licensed or license exempt. The Committee does not anticipate any additional costs or savings due to the other proposed rule changes. - LOCAL GOVERNMENTS: These proposed changes are not expected to have any fiscal impact on local governments revenues or expenditures because there are no licensed centers operated by local governments to whom these changes will affect. There is only one business in the child care industry (NAICS 624410) in Utah operated by a local government, but that facility is exempt from the requirements of this rule. - SMALL BUSINESSES: These rule changes are expected to have a one-time fiscal impact on small businesses because there are two centers that operate as small businesses to whom the requirement for fingerprints will directly affect. Each of the two facilities has 14 covered individuals (as reported in our records) who will have to pay the cost of the fingerprints. The individual cost for a fingerprint is $37. All other centers have already complied with this requirement, but will continue to submit and pay for fingerprints for all new covered individuals per the current rule. The number of new covered individuals these facilities will employ, if any, cannot be calculated because there is no data available. Any new facilities will have to submit fingerprints as well. However, the Committee cannot anticipate how many, if any, will become licensed or license exempt. The Committee does not anticipate any additional costs or savings due to the other proposed rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because only a group of small businesses will be affected by these changes. Currently, there are no persons that are not small businesses to whom these changes will apply. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since fingerprints will be required of any center provider, all new applicants for a center license will be required to pay for fingerprints, with no exceptions, if they have not already done so. The Committee cannot project the number of new applicants, but the number of center providers has remained about the same for the past five years. The Committee does not anticipate any additional costs or savings due to the other proposed rule changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes will clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber subsections as needed. There is a one-time fiscal impact on small businesses for the cost of submitting fingerprints. There are 2 child care centers with an estimated 14 individuals who will be required to submit fingerprints at a cost of $37 per person. The minimal cost of the fingerprinting process is balanced out by the need conduct background checks for the health and safety of children receiving care in the affected programs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42725.htm DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 42732 (Amendment): R392-200. Design, Construction, Operation, Sanitation, and Safety of Schools. SUMMARY OF THE RULE OR CHANGE: This change updates the list of authorizing statutes and addresses a school toilet-room privacy concern. Nonsubstantive changes are: updated list of authorizing statutes to include Subsection 26-1- 30(9), Subsection 26-1-30(23), Section 26-1-5, and Section 26-7-1. Revised Subsection R392-200-7(4)(c) to correct an error in minimum toilet enclosure partition height from the floor, which has the potential create student privacy issues. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated fiscal impact to the state budget resulting from this rule change. - LOCAL GOVERNMENTS: Amending Rule R392-200 may result in an inestimable fiscal cost to any public school that lowers a toilet enclosure partition as a result of the amended requirement in Subsection R392-200-7(4)(c). The full impact to such a business cannot be estimated as the necessary data, such as the number of public schools with non-compliant partitions, the number of partitions therein, and the associated labor and equipment costs are unavailable, and the cost to the state to obtain said data is prohibitively costly. - SMALL BUSINESSES: Amending Rule R392-200 may result in an inestimable fiscal cost to any small private school or charter school that lowers a toilet enclosure partition as a result of the amended requirement in Subsection R392-200-7(4)(c). The full impact to such a business cannot be estimated as the necessary data, such as the number of small private schools or charter schools with non-compliant partitions, the number of partitions therein, and the associated labor and equipment costs are unavailable, and the cost to the state to obtain said data is prohibitively costly. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated fiscal impact to persons other than small businesses, businesses, or local government entities resulting from this rule change because the change only applies to toilet enclosure partitions located within public restrooms in public and private schools. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons includes local governments (school districts), and small businesses (small private schools and charter schools) as detailed in the costs listed above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments update the list of authorizing statute and corrects an error in minimum toilet enclosure partition height to address privacy concerns. Fiscal impact on businesses is inestimable at this time because the cost to the state to obtain data is prohibitively costly, however, the amended is necessary to address privacy concerns. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42732.htm No. 42730 (Repeal and Reenact): R392-301. Recreational Vehicle Park Sanitation. SUMMARY OF THE RULE OR CHANGE: These changes to Rule R392-301 provide technical and conforming changes throughout the rule and remove unnecessary and repetitive language. Section R392-301-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of this rule. Section R392-301-2 is a new section added to describe individuals and groups to whom this rule applies, and to specify exclusions to such. In Section R392-301-3, added definitions for: local health officer, operator, Plumbing Code, and tiny house; amended the definitions for: recreational vehicle, Dependent recreational vehicle, independent recreational vehicle, service building, and wastewater; and removed the definition for: self-Contained recreational vehicle. In Section R392-301-4, the Department of Health (Department) has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Substantive changes include the addition of a provision, similar to a "grandfather clause", that specifies that a construction change is not required in any portion of a camp that was in compliance before this rule goes into effect. In Sections R392-301-5 and R392-301-6, the Department has made nonsubstantive revisions including the rewording and restructuring of these sections to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-301-7, specified the operator's duty to supply provisions for hand washing and solid waste disposal. In Section R392-301-8, incorporated the Plumbing Code by reference and removes any redundancy arising from the incorporation. In Section R392-301-9, the Department has made nonsubstantive revisions including the rewording and restructuring of these sections to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-301-10, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-301-11, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-301-12, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Section R392-301-13 is a new section that specifies the application of an authority granted a local health officer in Utah Title 26A. Section R392-301-14 is a new section that specifies the application of an authority granted to a local health officer in Utah Title 26A. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing and reenacting Rule R392-301 will not result in a cost or benefit to the state budget. - LOCAL GOVERNMENTS: Repealing and reenacting Rule R392-301 will not result in a cost or benefit to local governments. - SMALL BUSINESSES: Repealing and reenacting Rule R392-301 will likely not result in a cost or benefit to small businesses. There are 51 small businesses operating in the state under the NAICS code of 721211. These proposed rule changes do not require a construction change to any portion of a RV park that was in compliance with the law in effect at the time the RV park was constructed. In addition, the proposed reenacted rule does not include fees such as reservation fees, inspection fees, or permit fees. Repealing and reenacting Rule R392-301 may result in an inestimable fiscal cost if a business constructs a recreational vehicle park after the adoption of this rule. The full impact to a business cannot be estimated as the necessary data is unavailable because potential RV park location, layout, number of sites, water and wastewater accessibility, and operation and maintenance needs have not yet been considered by the business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing and reenacting Rule R392-301 will likely not result in a cost or benefit to persons other than small businesses, businesses, or local government entities because the proposed reenacted rule does not require a construction change to any portion of a RV park that was in compliance with the law in effect at the time the RV park was constructed. In addition, the proposed reenacted rule does not include fees such as reservation fees, inspection fees, or permit fees. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons may include newly constructed small and non-small recreational vehicle park businesses. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule was last revised in 1993. It has been updated and simplified at the request of the local health departments. There are four new sections: Section R392-301-1 sets out authority and purpose; Section R392-301-2 describes individuals and groups governed by this section; Section R392-301-12 sets out authority of a local health office to conduct inspections and investigations in accordance with the Utah Code; and Section R392-301-13 sets out the authority of a local health officer to close a recreational vehicle park or site in accordance with the Utah Code. After conducting a thorough analysis, it was determined that this proposed reenacted 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 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42730.htm No. 42744 (Amendment): R392-302. Design, Construction and Operation of Public Pools. SUMMARY OF THE RULE OR CHANGE: Nonsubstantive changes: 1) updated the list of authorizing statutes to include Subsection 26-1-30(9) and Section 26-7-1; 2) added the inches equivalent for signage requirements in Subsection R392- 302-38(2)(b); 3) added a footnote to Table 6 reflecting the current language in Subsection R392-302-27(1)(b)(i); 4) fixed the numbering in Section R392- 302-21; 5) capitalized "department" when referring to the Utah Department of Health; 6) fixed typo in Subsection R392-302-39(3)(c) to require rules lettering to be 0.5 inches tall instead of 1.5 inches; and 7) added a definition of "Instructional Pool". Substantial revision to the Special Purpose Pool section. This has been divided into separate sections for each type of special purpose pool. A new section is added for Instructional Pools. Changes made throughout the rule to reflect the new section numbers. Exemption to this rule given to instructional pools for three years. During this time, the Utah Department of Health (Department) will investigate the public health-related experiences and science of instructional pools operating with the exemption. Requires pools operating under this exemption to post signage and to obtain parent's acknowledgement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are anticipated costs to the state budget of $330/year due to laboratory costs for testing of total coliform and plate counts. - LOCAL GOVERNMENTS: This rule change will affect new construction of a pool if it meets the requirements to be an instructional pool. This rule change does not require construction or operational changes to existing facilities. A local government building an instructional pool may have an approximate savings of 80% to 90% of the construction costs as compared to meeting the requirements of the current rule. There may be ongoing savings in operating costs due to the proposed exemptions. The Department is unable to estimate this benefit due to the wide range of possible options involved (size, features, types of disinfectant, plumbing, etc.). - SMALL BUSINESSES: There are an estimated 11 swim school or swim instruction businesses from NAICS 611620, 611710, and 812199. There are an estimated 61 small businesses affected by this rule from NAICS 541330, 561790, 541690, 425120, 238992, 238991, and 236220, but an inestimable number from NAICS 713990, 713940, 531311, and 721110 as these businesses may or may not have swimming pools, and there is no reasonable method of determining such. In FY17 there were permitted 3,063 facilities, but the data is not available to determine which of these are small or non-small businesses. This rule change will affect new construction of a pool if it meets the requirements to be an instructional pool. This rule change does not require construction or operational changes to existing facilities. A small business building an instructional pool may have an approximate savings of 80% to 90% of the construction costs as compared to meeting the requirements of the current rule. There may be ongoing savings in operating costs due to the proposed exemptions. The Department is unable to estimate this benefit due to the wide range of possible options involved (size, features, types of disinfectant, plumbing, etc.). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No one specific person will be affected by this rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons for the state is the Department. For local governments it is any municipality or county with a public pool; 13 local health departments. For small businesses it is 11 swim schools; an inestimable number of businesses and facilities with pools, or provide services to these facilities and pools. For other persons there are none identified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 11 swim schools and an estimated 62 small businesses that may be affected by this rule. The amendments will affect new construction of an instructional pool with an potential approximate savings of 80% to 90%. However, the Department is unable to estimate this benefit due to the wide range of possible options in said construction. After conducting a thorough analysis, it is determined that businesses will see a fiscal benefit from this amendment but due to the wide range of construction options, the benefit is inestimable. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42744.htm No. 42731 (Repeal and Reenact): R392-402. Mobile Home Park Sanitation. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R392-402 provide technical and conforming changes throughout the rule and remove unnecessary and repetitive language. Section R392-402-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of the rule. Section R392-402-2 is a new section added to describe individuals and groups to whom this rule applies, and to specify exclusions to such. In Section R392-402-3, added definitions for: local health department, local health officer, nuisance, occupant, operator, pest, Plumbing Code, plumbing fixture, premises, sanitary, vector, and vermin. Also, modified the definitions for: mobile home, mobile home park, and service building, and removed the definition for Director. In Section R392- 402-4, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Substantive changes include the addition of a provision, similar to a "grandfather clause", that specifies that a construction change is not required in any portion of a manufactured home community that was in compliance before this rule goes into effect. In Sections R392-402-5 and R392-402-6, the Department of Health (Department) has made nonsubstantive revisions including the rewording and restructuring of these sections to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-402-7, specified the operator's duty to supply provisions for hand washing and solid waste disposal. In Section R392-402-8, the Department has made nonsubstantive revisions including the rewording and restructuring of this sections to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-402-9, the Department has made a reference to Rule R392-100 for any food services provided by the operator for manufactured home community occupants. In Section R392-402-10, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-402-11, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Section R392-402-12 is a new section that specifies the application of an authority granted a local health officer in Utah Title 26A. Section R392- 402-13 is a new section that specifies the application of an authority granted to a local health officer in Utah Title 26A. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing and reenacting Rule R392-402 will not result in a cost or benefit to the state budget. - LOCAL GOVERNMENTS: Repealing and reenacting Rule R392-402 will not result in a cost or benefit to local governments. - SMALL BUSINESSES: Repealing and reenacting Rule R392-402 will likely not result in a cost or benefit to small businesses. There are 71 small manufactured home businesses operating in the state under the NAICS code of 531190. The proposed reenacted rule does not require a construction change to any portion of a manufactured home community that was in compliance with the law in effect at the time the RV park was constructed. In addition, the proposed reenacted rule does not include fees such as inspection fees, or permit fees. Repealing and reenacting Rule R392-402 may result in an inestimable fiscal cost if, after the adoption of this rule, a business constructs a manufactured home community that allows community occupants to dwell in vehicles, manufactured homes, or temporary dwellings not provided with toilet, sink and bathing plumbing fixtures. The full impact to a business cannot be estimated, as the necessary data is unavailable because manufactured home community location, layout, number of spaces, water and wastewater accessibility, and operation and maintenance needs have not yet been considered by the business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing and reenacting Rule R392-402 will likely not result in a cost or benefit to persons other than small businesses, businesses, or local government entities because the proposed reenacted rule does not require a construction change to any portion of a manufactured home community that was in compliance with the law in effect at the time the RV park was constructed. In addition, the proposed reenacted rule does not include fees such inspection fees, or permit fees. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons may include newly constructed small and non-small manufactured home community businesses. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule was last revised in 1987. It has been updated and simplified at the request of the local health departments. There are four new sections: Section R392-402-1 sets out authority and purpose; Section R392-402-2 describes individuals and groups governed by this section; Section R392-402-12 sets out authority of a local health office to conduct inspections and investigations in accordance with the Utah Code; and Section R392-402-13 sets out the authority of a local health officer to close a manufactured home community or site in accordance with the Utah Code. After conducting a thorough analysis, it was determined that the proposed reenacted 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 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42731.htm HEALTH CARE FINANCING No. 42746 (Amendment): R410-14. Administrative Hearing Procedures. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies the meaning of adverse benefit determinations as they relate to the MCO hearing process, and also updates provisions under the MCO grievance and appeals system. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. - LOCAL GOVERNMENTS: There is no impact to local governments because this change only updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. - SMALL BUSINESSES: There is no impact to small businesses because this change only updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers or to Medicaid members because this change only updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because this change only updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 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: 05/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42746.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 42729 (Amendment): R426-9. Trauma and EMS System Facility Designations. SUMMARY OF THE RULE OR CHANGE: The amendments include the process for a hospital to re-commit to their previous trauma designation when key personnel are replaced. It requires a new letter of commitment and a site visit for consultation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No anticipated fiscal impact to the state budget because a fee already exists to cover the cost. The cost is neutral with the benefit. The fee and consultation average about one per year. - LOCAL GOVERNMENTS: No anticipated fiscal impact to local governments because the amendments establish designation re-commitment and consultation visits. Local governments are not involved in either function. - SMALL BUSINESSES: No impact on small businesses. These amendments pertain to large hospitals at the highest designation levels. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are 27 hospitals that are designated by the Utah Department of Health as trauma centers in Utah. These hospitals are considered non- small businesses and account for an estimated one site visit (1 of the 27 hospitals) for re-commitment per year. The fee per visit is $150. These hospitals/businesses are expected to spend $150 in total for a decrease in revenue per year. Additional relevant non-fiscal impacts would only include submission of a re-commitment letter, and time expended during the site visit with the Utah Department of Health representative. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons will not have any additional compliance costs except to have a site visit for the initial consultation. The cost is based on their decision to pursue the re- commitment of the designation level. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact on businesses is minimal as an average of only one center a year changes key personnel or ownership. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jolene Whitney by phone at 801-273-6665, by FAX at 801-273-4165, or by Internet E-mail at jrwhitney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42729.htm CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 42728 (Amendment): R428-1. Health Data Plan and Incorporated Documents. SUMMARY OF THE RULE OR CHANGE: The rule change makes one technical change as explained; clarifies version of APCD Data Submittal Guide, as corrected on 03/15/2018, that should be used by all APCD submitters for data submissions required on or after 03/01/2018. Original description in DSG (APCD Element MC055) Professional Procedure Code -- Procedure code for professional services. HCPCS, including CPT codes of the American Medical Association, are valid entries. Corrected description in DSG HCPCS/CPT Procedure Code -- Healthcare Common Procedural Coding System (HCPCS). This includes the CPT codes maintained by the American Medical Association. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on state government revenues or expenditures because it only clarifies the version of Data Submitter Guide expected for use by data submitters to Utah's APCD. The Utah Department of Health (UDOH) determines enactment of the amended version will not create any cost or savings impact to the state budget or UDOH's budget since the change will not increase workload and can be carried out with the existing budget. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments revenues or expenditures because they are not directly affected by this rule; nor are local governments indirectly impacted because thid rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures because all potentially impacted businesses have more than 50 employees. As a result, this rule will have no effect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on other individuals’ revenues or expenditures because this change only clarifies a prior expectation. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons are as follows: state government and non-small businesses (APCD suppliers). However, no compliance costs are anticipated as a result of this technical change in Rule R428-1. 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 change 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 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Norman Thurston by phone at 801-538-7052, by FAX at 801-237-0787, or by Internet E-mail at nthurston@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42728.htm FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 42745 (Repeal and Reenact): R430-8. Exemptions From Child Care Licensing. SUMMARY OF THE RULE OR CHANGE: The whole rule has been rewritten to make exemptions easier to understand, and to clearly define who is to be legally exempt and what is truly required of those who are exempt. The new drop-in exempt type has been added, the background screening piece has also been added, and clarification on the requirements for exempt facilities has been included. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed reenacted rule adding drop-in child care to the exempt facilities is expected to have a fiscal impact on state government revenues because there are background checks required for all covered individuals in those facilities. Each background check is $18 plus fingerprints for $37 per individual. However, the full impact cannot be estimated because these facility types are not identified as such in the NAICS and there is no data available to make the estimates another way. Only after onsite visits are completed to facilities that might meet the definition, data could start being collected and available. In the same way and depending on the number of these facilities, there may be expenditures for the state budget in workload that cannot be calculated without the necessary data. The Department does not anticipate any additional costs or savings due to the other proposed rule changes. - LOCAL GOVERNMENTS: These proposed changes are not expected to have any fiscal impact on local governments' revenues or expenditures because there is only one change that may affect facilities not yet identified as drop-in child care. No data is currently available to determine if there are any of this type that are part of a local government. There is only one business in the child care industry (NAICS 624410) in Utah operated by a local government, but that facility is exempt from the requirements of this rule. The Department does not anticipate any additional costs or savings due to the other proposed rule changes. - SMALL BUSINESSES: Since no data is currently available to determine if there are any drop-in child care facilities not yet registered with Child Care licensing, the Department cannot determine how the rule will impact small businesses. Each background check is $18 plus fingerprints for $37 per individual. The number of new covered individuals these facilities will employ, if any, cannot be calculated because there is no data available to do so. The Department does not anticipate any additional costs or savings due to the other proposed rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because no data is currently available to determine if there are any drop-in child care facilities not yet registered with Child Care licensing, the Department cannot determine how the rule will impact businesses, individuals, local governments, and persons that are not small businesses. Only one rule that requires all covered individuals in the facility to submit background checks will have a fiscal impact, however, no data is available to make those calculations. The Department does not anticipate any additional costs or savings due to the other proposed rule changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since background checks and fingerprints will be required of any drop-in child care provider, all new exempt providers that meet this definition will have to comply with the costs. Background checks are $18 per individual and $37 for fingerprints. All covered individuals will be required to pay for fingerprints with no exceptions if they have not already done so. The Department cannot project the number of new exempt facilities since there is no data available to make those calculations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of the changes was to delete unnecessary subsections, clearly define those legally exempt, and list requirements for exemption. Per the program: The whole rule has been rewritten to make exemptions easier to understand, and to clearly define who is to be legally exempt and what is truly required of those who are exempt. The new drop-in exempt type has been added, the background screening piece has also been added, and clarification on the requirements for exempt facilities has been included. The Department has no data to determine if there are any drop-in child care facilities not yet registered with Child Care licensing. Therefore, the fiscal impact on businesses cannot be determined at this time. 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 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42745.htm No. 42734 (Amendment): R430-50. Residential Certificate Child Care. SUMMARY OF THE RULE OR CHANGE: These changes will clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber subsections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed deletion of the fingerprint exception subsection is expected to have a one-time fiscal impact on the state government revenues because 14 out of the 76 current residential certificate providers will now have to submit fingerprints. The estimated number of covered individuals in these facilities (as reported in our records) who will have to pay the cost of the fingerprints is 45. The individual cost for a fingerprint is $37. The expected revenues are a one-time event, and that is why there are no additional costs or benefits in the following years. The Department does not anticipate any additional costs or savings due to the other proposed rule changes. - LOCAL GOVERNMENTS: These proposed changes are not expected to have any fiscal impact on local governments' revenues or expenditures because there are no residential certificate providers operated by local governments to whom these changes will affect. - SMALL BUSINESSES: Only the deletion of the fingerprint exception subsection is expected to have some fiscal impact on small businesses' expenditures because there are 14 residential certificate providers that operate as small business to whom the requirement for fingerprints will directly affect. The estimated number of covered individuals in these facilities (as reported in our records) who will have to pay the cost of the fingerprints is 45. The individual cost for a fingerprint is $37. All other residential certificate providers have already complied with this requirement, but will continue to submit and pay for fingerprints for all new covered individuals. However, there is no way to estimate if there are going to be any additional covered individuals added to the current residential certificate providers. The Department does not anticipate any additional costs or savings due to the other proposed rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because only a group of small businesses will be affected by the changes. Currently, there are no persons that are not small businesses to whom these changes will apply. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since fingerprints will be required of any residential certificate provider, all new applicants for a residential certificate will be required to pay for fingerprints, with no exceptions, if they have not already done so. The Department cannot project the number of new applicants, but the number of residential certificate providers has steadily decreased for the past five years. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber subsections as needed. There is a one-time fiscal impact on small businesses for the cost of submitting fingerprints. There are 14 residential certificate child care providers with an estimated 45 individuals who will be required to submit fingerprints at a cost of $37 per person. The minimal cost of the fingerprint process is balanced out by the need conduct background checks for the health and safety of children receiving care in the affected residences. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42734.htm No. 42733 (Amendment): R430-90. Licensed Family Child Care. SUMMARY OF THE RULE OR CHANGE: These changes will clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber subsections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed deletion of the fingerprint exception subsection is expected to have a one-time fiscal impact on the state government revenues because 21 out of the 773 currently licensed families will now have to submit fingerprints. The estimated number of covered individuals in these facilities (as reported in our records) who will have to pay the cost of the fingerprints is 57. The individual cost for a fingerprint is $37. The expected revenues are a one-time event, and that is why there are no additional costs or benefits in the following years. The Department does not anticipate any additional costs or savings due to the other proposed rule changes. - LOCAL GOVERNMENTS: These proposed changes are not expected to have any fiscal impact on local governments' revenues or expenditures because there are no licensed families operated by local governments to whom these changes will affect. - SMALL BUSINESSES: These rule changes are expected to have some fiscal impact on small businesses expenditures because there are 57 licensed homes that operate as small businesses to whom the requirement for fingerprints will directly affect. The estimated number of covered individuals in these facilities (as reported in our records) who will have to pay the cost of the fingerprints is 57. The individual cost for a fingerprint is $37. All other licensed families have already complied with this requirement, but will continue to submit and pay for fingerprints for all newly covered individuals. However, there is no way to estimate if there are going to be any additional covered individuals added to the current licensed families. The Department does not anticipate any additional costs or savings due to the other proposed rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because only a group of small businesses will be affected by these changes. Currently, there are no persons that are not small businesses to whom these changes will apply. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since fingerprints will be required of any licensed family provider, all new applicants for a family license will be required to pay for fingerprints, with no exceptions, if they have not already done so. The Department cannot project the number of new applicants, but the number of family providers has steadily decreased for the past five years. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes clarify language such as changing the word "screening" to "check", modify the appeal process timing to follow recommendations from the Legislative Auditor's Office, change the requirements for submission of background checks from 10 working days to 0 to follow federal requirements, remove the exceptions for required fingerprinting, and renumber subsections as needed. There is a one-time fiscal impact on small businesses for the cost of submitting fingerprints. There are an estimated 21 individuals in licensed families who will be required to submit fingerprints at a cost of $37 per person. These individuals are in addition to individuals who are already required to be licensed. The minimal cost of the fingerprint process is balanced out by the need conduct background checks for the health and safety of children receiving care by the affected providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42733.htm INSURANCE TITLE AND ESCROW COMMISSION No. 42711 (Repeal and Reenact): R592-7. Title Insurance Continuing Education Program. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to make a number of changes to continuing education (CE) requirements for the title insurance industry. It fully delegates authority from the Title and Escrow Commission to the Insurance Commissioner for approving CE courses, rather than granting provisional approval. It sets requirements for what types of CE can be accepted for renewal of a title insurance producer license. It allows all CE hours to be obtained through one or more insurers. It removes references to approving a title CE provider, reflecting current business practices. It also adds two new definitions and makes a number of clean-up changes for grammar and clarity. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The Insurance Department (Department) has been provisionally approving CE for the Title and Escrow Commission. These changes will have no bearing on how the Department conducts its business. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. These changes govern the relationship between the Department and its title insurance licensees. - SMALL BUSINESSES: Some small businesses may see costs or savings. There are 43 CE providers that charge for CE courses taught in Utah. These providers may see a reduction in earnings due to this rule. It is not known what the magnitude of this cost would be because the Department cannot determine the number of courses each provider teaches, nor does the Department track how much they charge for classes. Conversely, the 496 agencies that pay for CE courses may see savings because agents can now get all of their CE training from title insurance companies, which generally do not charge for training. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The state's 2,074 individual title insurance licensees will likely see some savings, if they choose to take free CE courses from a title insurer, rather than from a CE provider that charges for training. The 43 CE providers in Utah, many of which are sole proprietors, may see a reduction in earnings if agents choose to take free CE courses from a title insurer. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: Some small businesses may be impacted. CE providers that charge for training may see a reduction in earnings due to this rule. Independent agents and agencies that pay for CE courses may see savings because agents can now get all of their CE training from title insurance companies, which generally do not charge for training. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: There are an estimated 43 CE providers that charge for training in Utah, and an estimated 496 title insurance agencies in Utah, according to Department data. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The 43 CE providers that charge for training in Utah may see a reduction in earnings due to this rule. It is not known what the magnitude of this cost would be because the Department cannot determine the number of courses each provider teaches, nor does the Department track how much they charge for classes. Conversely, the 496 agencies that pay for CE courses may see savings because agents can now get all of their CE training from title insurance companies, which generally do not charge for training. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: It is not known what the magnitude of this cost would be because the Department cannot determine the number of courses each provider teaches, nor does the Department track how much they charge for classes. The Department is also unable to determine if title producers will change the manner in which they currently obtain CE. It is assumed that the 43 CE providers who charge for training will face the largest impact, as agents will now have more ability to get free CE training. The 496 agencies may see savings if they choose to attend free CE trainings presented by title insurers. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: The above in-depth fiscal analysis represents the Department's best estimate of the fiscal impact this rule will have on businesses in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42711.htm NATURAL RESOURCES PARKS AND RECREATION No. 42723 (New Rule): R651-103. Electronic Meetings. SUMMARY OF THE RULE OR CHANGE: This rule is established under the authority of Section 52-4-207 to provide the standards and procedures for electronic meetings of the Board of Parks and Recreation, the Off-highway Vehicle Advisory Council, the Recreational Trails Advisory Council, and the Boating Advisory Council. Section 52-4-207 authorizes a public body to convene or conduct an electronic meeting provided written procedures are established for such meetings. This rule establishes procedures for conducting Board and Advisory Council meetings by electronic means. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Savings to the state budget would occur when holding an electronic meeting, because the participants and attendees would not have to travel, thus creating a savings in per diem and mileage costs. The aggregate savings to the state budget would depend on how many employees, advisory council members, and board members would be in attendance at their respective meetings. The approximate savings is listed below. It is an estimate, because the location of the meetings and the number of times the meetings are held varies. 1) Parks and Recreation Board Meetings: 9 board members, 2-day meeting/1 hotel night at $100 (based on highest state rate of hotel cost in the state because the Division does not know where the meetings will be held). 8 x 100 = 800 x 4 meetings per year = total of $3,200. The meetings are usually held in one of the Board members home areas, so that is why there are 8 rooms and not 9. Nine board members at $42 (per diem rate for a day), 9 x $42 = $378 x 4 meetings per year = $3,024. Three administrative personnel for dinner first night of meeting = 3 x $18 = $54 x 4 meetings per year = $216. Approximately 15 employees attend meetings from various parts of the state. A lot are from the Salt Lake area or the area the meetings is being held in. If they drive a personal vehicle mileage reimbursement would be approximately: Southwest Region (Cedar City) 1 x 500.8 x $0.40 = $200.32 x 4 meetings per year = $801.28. Variable – if uses a state vehicle, no mileage paid; Southeast Region (Moab) 1 x 467 miles x $0.40 = $186.80 x 4 meetings per year = $747.20. Variable – if uses a state vehicle, no mileage is paid; Northern Region (Salt Lake) 1 x 4 miles roundtrip. If uses a state vehicle, no mileage paid. Meals based on six employees – not all employees are there for lunch/dinner. same with rooms: 6 x $100 = $600 x 4 meetings per year = $2,400. 6 at $32 (lunch and dinner per diem) is 6 x $32 = $192 x 4 meetings per year = $768. 6 at $42 (all day per diem) for the next day's meeting is 6 x $42 = $252 x 4 meetings per year = $1,008. $768 + $1008 = $1,776. All information is based on the meetings being held in Salt Lake and are based on the highest cost savings. Numbers are approximate. The total is $12,932.48. 2) Boating Advisory Council Meeting: 9 volunteers, rare that there is a need for hotel rooms, is 9 x 100 = $900 x 1 hotel room needed per year. 9 at $32 (lunch and dinner per diem) is 9 x $32 = $288 x 4 meetings per year = $1,152. The total is $2,052. 3) OHV and Trails Advisory Councils: 22 volunteers total for both Advisory Councils. No hotel rooms are needed. 22 at lunch per diem = 22 x $14 = $308 x 4 meetings per year = $1,232. 22 at dinner per diem = 22 x $18 = $396 x 4 meetings per year = $1,584. The total is $2,816. The grand total is $17,800.48. - LOCAL GOVERNMENTS: Savings to local governments could occur when electronic meetings were held if attendees were paid per diem or mileage by their respective agencies. The savings is inestimable because it is not known when or if they would attend a meeting. There could also be several agencies with varying amounts of per diem and/or mileage and it would not be known where a meeting was held compared to where the local government agency was located. - SMALL BUSINESSES: Savings to the small businesses could occur when electronic meetings were held because they would save on travel costs. Those savings could include hotels, mileage, and/or food. The savings is inestimable because it is not known when or if they would attend a meeting. The mileage would depend on where the meeting was held compared to where the business was located. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Savings to persons other than small businesses, businesses, or local government entities could occur when electronic meetings were held because they would save on travel costs. Those savings could include hotels, mileage, and/or food. The savings is inestimable because it is not known when or if they would attend a meeting. The mileage would depend on where the meeting was held compared to where people were traveling from. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because holding electronic meetings provide a savings only. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42723.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. AGRICULTURE AND FOOD PLANT INDUSTRY No. 42721 (5-year Review): R68-14. Quarantine Pertaining to Gypsy Moth - Lymantria Dispar. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary for the state to treat areas to prevent the growth of gypsy moths in the state of Utah. This is also necessary to protect the fruit industry in the state of Utah. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov EFFECTIVE: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42721.htm EDUCATION ADMINISTRATION No. 42762 (5-year Review): R277-508. Employment of Substitute Teachers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it establishes eligibility requirements and employment procedures for substitute teachers. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 04/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42762.htm No. 42763 (5-year Review): R277-532. Local Board Policies for Evaluation of Non-Licensed Public Education Employees (Classified Employees). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it directs public school districts to adopt policies for the evaluation, dismissal and compensation of non-licensed public education employees that satisfy the minimum standards of Sections 53A-8a-301 and 302, 53A-8a-501 through 53A-8a-506, and 53A-8a- 601. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 04/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42763.htm No. 42764 (5-year Review): R277-746. Driver Education Programs for Utah Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it specifies standards and procedures for local school districts conducting automobile driver education. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 04/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42764.htm No. 42765 (5-year Review): R277-751. Special Education Extended School Year (ESY). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it specifies the standards for the special education extended school year. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 04/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42765.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 42705 (5-year Review): R317-101. Utah Wastewater Project Assistance Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes policies and procedures for implementing the Utah Wastewater Project Assistance Program. This rule also contains definitions, eligibility requirements, application procedures, and prioritization procedures central to the Board's implementation of their statutory charge. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 03/20/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42705.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 42724 (5-year Review): R426-6. Emergency Medical Services Per Capita and Competitive Grant Programs Rules. 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 provides instruction for the award of the grants to the qualified emergency medical service providers. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov EFFECTIVE: 03/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42724.htm CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 42704 (5-year Review): R436-1. Duties of the Department of Health. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should continue because it sets forth the requirements for the state registrar to prescribe vital records forms, prepare and process certificates, and allows for local health officers to serve as local registrars for their designated area. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42704.htm No. 42706 (5-year Review): R436-2. Infants of Unknown Parentage; Foundling Registration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should continue because it specifies the content of foundling certificates. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/20/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42706.htm No. 42707 (5-year Review): R436-3. Amendment of Vital Records. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should continue because it sets forth what data fields can be amended, who may request an amendment, and what proofs are required to support such amendment. It also allows a birth mother and biological father to execute a voluntary declaration of paternity. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/20/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42707.htm No. 42708 (5-year Review): R436-4. Delayed Registration of Birth. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it specifies the criteria and proofs required to demonstrate an individual was born in Utah or a stillbirth occurred in Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/20/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42708.htm No. 42713 (5-year Review): R436-7. Death Registration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it sets forth how a funeral director may complete the registration of a death certificate when the cause of death has not been determined. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42713.htm No. 42709 (5-year Review): R436-8. Authorization for Final Disposition of Deceased Persons. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it sets forth the requirements and authorization for transportation, preservation, and final disposition of a dead body or dead fetus. It specifies the requirements for issuance of permits for disinterment and reinterment. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/20/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42709.htm No. 42712 (5-year Review): R436-9. Persons and Institutions Required to Keep Monthly Listings of Vital Statistics Events. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it sets forth the content and submission requirements for the required reports. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42712.htm No. 42710 (5-year Review): R436-10. Birth and Death Certificates. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it specifies the requirements for registration of vital events, and transmittal of certificates from the local registrars to the Department of Health. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/20/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42710.htm No. 42714 (5-year Review): R436-12. Certified Copies of Vital Statistics Records. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because local registrars issue certified copies for their registration districts. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42714.htm No. 42715 (5-year Review): R436-13. Disclosure of Records. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because state and local registrars disclose certified copies of vital records to qualified applicants. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42715.htm No. 42716 (5-year Review): R436-14. Copies of Data From Vital Records. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because state and local registrars issue certified copies of vital records to qualified applicants. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42716.htm No. 42717 (5-year Review): R436-15. Fees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because state and local registrars require payment of a fee prior to services being performed. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42717.htm No. 42718 (5-year Review): R436-16. Violation of Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it specifies applicable penalty provisions in Utah Code. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42718.htm No. 42719 (5-year Review): R436-17. Review and Approval of Research Requests. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because the Department of Health allows disclosure of vital records for research purposes if the criteria found in this rule is satisfied. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 03/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42719.htm HUMAN SERVICES ADMINISTRATION No. 42766 (5-year Review): R495-881. Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule Implementation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is to be continued to implement provisions required by 45 CFR Part 164, subpart E, dealing with the treatment of certain individually identifiable health information held by the Department of Human Services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 04/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42766.htm RECOVERY SERVICES No. 42720 (5-year Review): R527-920. Mandatory Disbursement to Obligee Through Electronic Funds Transfer. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because the statutes under which this rule is enacted are still in effect, and this rule is reflected in current policy, practices, and procedures of the Office of Recovery Services/Child Support Services (ORS/CSS). This rule provides information as to when written information regarding electronic funds transfer options will be sent to an obligee on an ORS/CSS case. In addition, this rule provides an obligee with a time frame to provide a response as to his/her preferred method for receiving electronic payments and that ORS/CSS may enroll an obligee in a plan if no response is received. Finally, this rule provides exceptions as to when mandatory disbursements through electronic funds transfer may be appropriate or approved. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 03/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42720.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 42735 (5-year Review): R994-201. Definition of Terms in Employment Security Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The definitions and acronyms are necessary to assist parties and their representatives in understanding the words, phrases, and acronyms found elsewhere in the rules. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 03/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42735.htm No. 42736 (5-year Review): R994-202. Employing Units. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to define the terms found in the statute so that employers will understand which provisions might apply to various types of legal entities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 03/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42736.htm No. 42737 (5-year Review): R994-208. Wages. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to more fully define the terms found in the statute to assist Department employees and the public in knowing which payments are considered wages for purposes of determining unemployment insurance benefits and contributions. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 03/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42737.htm No. 42738 (5-year Review): R994-306. Charging Benefit Costs to Employers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to explain when an employer will be charged for benefit costs, how the employer will be notified, and how the employer can protest those charges. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 03/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42738.htm No. 42739 (5-year Review): R994-307. Social Costs -- Relief of Charges. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to fully explain when an employer will be eligible for relief of charges and when benefit costs can be charged to social costs for contributing employers. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 03/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42739.htm No. 42740 (5-year Review): R994-315. Centralized New Hire Registry Reporting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This new hire registry is mandated by federal and state law and is used to assist in child support and detecting fraud against unemployment benefits. By knowing when individuals have returned to work, the Department can stop benefit payments and protect the trust fund. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 03/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42740.htm No. 42741 (5-year Review): R994-403. Claim for Benefits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to provide claimants, employers, and Department employees with specific information regarding eligibility for benefits, including incorporating case law from the Utah Supreme Court and Court of Appeals interpreting the statutory criteria. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 03/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42741.htm No. 42742 (5-year Review): R994-405. Ineligibility for Benefits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to provide claimants, employers, and Department employees with specific information regarding ineligibility for benefits, including incorporating case law from the Utah Supreme Court and Court of Appeals interpreting the statutory criteria. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 03/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42742.htm No. 42743 (5-year Review): R994-508. Appeal Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to provide claimants, employers, and Department employees with specific information regarding the appeals procedure, including the manner of conducting hearings and taking evidence. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov EFFECTIVE: 03/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180415/42743.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. AGRICULTURE AND FOOD ADMINISTRATION No. 42472 (NEW): R51-6.Agricultural Advisory Board Electronic Meeting Published: 02/01/2018 Effective: 03/23/2018 GOVERNOR CRIMINAL AND JUVENILE JUSTICE (STATE COMMISSION ON) No. 42337 (AMD): R356-2-10.Evaluation Criteria Published: 12/15/2017 Effective: 04/02/2018 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 42516 (R&R): R392-300.Recreation Camp Sanitation Published: 02/15/2018 Effective: 03/26/2018 No. 42514 (R&R): R392-401.Roadway Rest Stop Sanitation Published: 02/15/2018 Effective: 03/26/2018 No. 42515 (R&R): R392-502.Hotel, Motel and Resort Sanitation Published: 02/15/2018 Effective: 03/26/2018 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 42397 (AMD): R432-2-5.Requirements for a Satellite Service Operation Published: 01/15/2018 Effective: 03/22/2018 No. 42396 (AMD): R432-2-13.New License Required Published: 01/15/2018 Effective: 03/22/2018 FAMILY HEALTH AND PREPAREDNESS, PRIMARY CARE AND RURAL HEALTH No. 42334 (NEW): R434-150.Adverse Events from the Administration of Sedation or Anesthesia; Recording and Reporting Published: 12/15/2017 Effective: 04/14/2018 NATURAL RESOURCES ADMINISTRATION No. 42309 (CPR): R634-3.Compensatory Mitigation Program Published: 02/15/2018 Effective: 03/26/2018 No. 42309 (NEW): R634-3.Compensatory Mitigation Program Published: 12/01/2017 Effective: 03/26/2018 WILDLIFE RESOURCES No. 42492 (AMD): R657-33.Taking Bear Published: 02/15/2018 Effective: 03/26/2018 No. 42493 (AMD): R657-62.Drawing Application Procedures Published: 02/15/2018 Effective: 03/26/2018 TRANSPORTATION MOTOR CARRIER No. 42494 (AMD): R909-1.Safety Regulations for Motor Carriers Published: 02/15/2018 Effective: 03/28/2018 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/ . <> ----------------------------