---------------------------- Utah State Digest, Vol. 2018, No. 9 (May 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed April 3, 2018, 12:00 AM through April 16, 2018, 11:59 PM Volume 2018, No. 9 May 1, 2018 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah- state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Public Hearing on Proposed Rule R414-518, Emergency Services Program for Non- Citizens - 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/2018/20180501/sn160169.htm Hearings on 1115 Primary Care Network Demonstration Waiver - 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/2018/20180501/sn160170.htm Comments on 1115 Primary Care Network Demonstration Waiver - 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/2018/20180501/sn160171.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 April 3, 2018, 12:00 a.m., and April 16, 2018, 11:59 p.m. are summarized in this, the May 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the May 1, 2018, issue of the Utah State Bulletin until at least May 31, 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 29, 2018, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42778 (Amendment): R156-11a. Cosmetology and Associated Professions Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-11a-800(1), this proposed rule change will clarify that a barber instructor may have more than one barber apprentice; however, the instructor may only provide one-on-one direct supervision to one apprentice at a time. In Subsection R156-11a-801(1), this proposed rule change will clarify that a cosmetologist/barber instructor may have more than one cosmetologist/barber apprentice; however, the instructor may only provide one-on-one direct supervision to one apprentice at a time. In Subsection R156-11a-802(1), this proposed rule change will clarify that a basic esthetician instructor may have more than one basic esthetician apprentice; however, the instructor may only provide one-on-one direct supervision to one apprentice at a time. In Subsection R156-11a-803(1), this proposed rule change will clarify that a master esthetician instructor may have more than one master esthetician apprentice; however, the instructor may only provide one-on-one direct supervision to one apprentice at a time. In Subsection R156-11a-804(1), this proposed rule change will clarify that a nail technician instructor may have more than two nail technician apprentices; however, the instructor may only provide one-on-one direct supervision to two apprentices at a time. Subsections R156-11a-800(12), R156-11a-801(12), R156-11a-802(12), R156-11a-803(12), and R156-11a-804(12) are deleted. These proposed rule amendments allow instructors to add additional apprentices prior to current apprentices passing the required exams and becoming licensed or submitting a Notice of Disassociation Form to the Division. Subsections R156-11a-800(13), R156-11a-801(13), R156-11a- 802(13), R156-11a-803(13), and R156-11a-804(13) are renumbered to (12). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies will be directly or indirectly affected by these rule changes because the constrained parties consist only of: 1) individuals appropriately licensed in the cosmetology and associated professions who wish to instruct more than one apprentice at a time, and 2) potential apprentices in these professions who wish to be instructed by such individuals. Additionally, there are no state government entities acting as businesses that will be impacted. As a result, this rule is not expected to impact the state beyond a minimal cost to the Division approximately $75 to print and distribute the rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: No local government agencies will be directly or indirectly affected by these rule changes because the constrained parties consist only of: 1) individuals appropriately licensed in the cosmetology and associated professions who wish to instruct more than one apprentice at a time, and 2) potential apprentices in these professions who wish to be instructed by such individuals. Additionally, there are no local government entities acting as businesses that will be impacted. - SMALL BUSINESSES: First, there are 853 small businesses in Utah owned by individuals in the barber shops (41), cosmetology/esthetician (beauty salon) (726), and nail salon (86) industries (NAICS 812111, NAICS 812112, and NAICS 812113). Some of these businesses may experience a fiscal benefit from this amended rule because the businesses will have increased opportunities to charge for apprentice instruction services. The full impact to these small businesses cannot be estimated as the necessary data is unavailable because it cannot be estimated how many instructors licensed in these industries own and/or work for these small businesses, nor how many of the instructors will choose to instruct more than one apprentice at a time, nor how many potential applicants for licensure will choose to pursue an apprenticeship pathway or choose to be engaged in an apprenticeship where the instructor has more than one apprentice. Second, there are 48 small businesses in Utah in the barber, cosmetology, esthetician, and nail technician school industries (NAICS 611511). Some of these businesses may experience a fiscal cost associated with decreased student enrollment, due to prospective students choosing to pursue a more accessible apprenticeship path to licensure instead of an educational path to licensure. The full impact to these small businesses cannot be estimated as the necessary data is unavailable as it cannot be estimated how many potential students will actually choose to pursue an apprenticeship pathway. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In Utah there are 25 licensed barber instructors, 1,865 licensed cosmetologist/barber instructors, 558 licensed master estheticians (who can supervise both master esthetician apprentices and basic esthetician apprentices), and 212 nail technician instructors. These individuals may experience a fiscal benefit associated with increased opportunity to charge for apprentice instruction. The full impact to these individuals cannot be estimated as the necessary data is unavailable. It cannot be estimated, firstly, which of the individuals will choose to instruct apprentices, how many will actually choose to instruct more than one apprentice at a time, nor how many will conduct such instruction through their regular employment instead of charging the apprentices in full directly for such services. Additionally, it cannot be estimated how many apprentices will choose to be instructed by individuals instructing multiple apprentices. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments do not impose any compliance cost to any affected persons, as they merely allow additional opportunities for licensees to instruct apprentices. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Changes have been made in sections of Rule R156-11a pertaining to barber instructors, cosmetologist/barber instructors, esthetician instructors, master esthetician instructors and nail technician instructors to provide that an instructor may have more than one apprentice, but provides a limitation as to how many apprentices an instructor may have under direct supervision, one-on-one, at any given time. There are 853 small businesses in Utah owned by individuals in the barber shop (41), cosmetology/esthetician (beauty salon) (726), and nail salon (86) industries (NAICS 812111, NAICS 812112, and NAICS 813113). Some of these businesses may experience a fiscal benefit from these amendments because the businesses will have increased opportunities to charge for apprentice instruction services. The full impact to these small businesses cannot be estimated as the necessary data is unavailable because it cannot be estimated how many of the instructors will choose to instruct more than one apprentice at a time, nor how many potential applicants for licensure will choose to pursue an apprenticeship pathway or choose to be engaged in an apprenticeship where the instructor has more than one apprentice. There are 48 small businesses in Utah in the barber, cosmetology, esthetician, and nail technician school industries (NAICS 611511). Some of these businesses may experience a fiscal cost associated with decreased student enrollment, due to prospective students choosing to pursue a more accessible apprenticeship path to licensure instead of an educational path to licensure. The full impact to these small businesses cannot be estimated as the necessary data is unavailable as it cannot be estimated how many potential students will actually choose to pursue an apprenticeship pathway. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/21/2018 02:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42778.htm No. 42785 (Amendment): R156-71. Naturopathic Physician Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-71-102, the proposed changes are nonsubstantive as they are grammatical corrections for the reference to the Council on Naturopathic Medical Education (CNME). In Subsection R156-71- 202(1), the proposed changes update the naturopathic physician formulary. The reference for the formulary is the 2008 edition of the American Hospital Formulary Service (AHFS). This change allows practitioners to use the 2008 edition or to access the current edition on the AHFS Drug information website. The other changes to the subsection include updating the formulary to identify non-controlled legend medications that may be used by naturopathic physicians to provide improved patient care within the scope of practice. The changes were presented by the Naturopathic Physicians Formulary Peer Committee and approved by the Naturopathic Physicians Licensing Board. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies shall be directly or indirectly affected by these rule changes because the proposed amendments apply only to persons required to be licensed as a naturopathic physician in Utah. Additionally, there are no state government entities acting as businesses that will be impacted, and state government is not involved in the naturopathic formulary. Accordingly, this rule is not expected to impact the state beyond a minimal cost to the Division of approximately $75 to print and distribute the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: These proposed amendments apply only to persons required to be licensed as a naturopathic physician in Utah. Additionally, there are no local governments acting as businesses that will be impacted, and local governments are not involved in the naturopathic formulary. Therefore, the Division estimates there will be no cost or savings impact on local governments. - SMALL BUSINESSES: These proposed amendments apply only to persons required to be licensed as a naturopathic physician in Utah. There are currently 80 naturopathic physician licensees in Utah; it is estimated that most operate private or group practices in their own offices, and that several operate in the facilities of others, such as hospitals or HMO medical centers (NAICS 621399). The change to Subsection R156-71-202(1) may result in a cost savings to these businesses because it allows naturopathic physicians to use the 2008 Edition of the AHFS Formulary or to access the Formulary online. Physicians needing to consult the formulary, therefore can avoid purchasing one, and use the online version. The formulary is not currently published; the 2008 edition is only available "used" and the price is market driven. The current online edition is available to naturopathic physicians through their association or by subscription. In addition, the changes allow the naturopathic physicians to utilize additional legend medications listed in the AHFS Formulary to treat human ailments within their scope of practice. However, the exact amount of any cost savings cannot be estimated because it is unknown how many naturopathic physicians will actually choose to use the online edition or utilize the additional legend medications. Next, the Naturopathic Physicians Licensing Board was polled to determine any foreseeable costs associated with these changes, and, together with a representative from the Utah Association of Naturopathic Physicians, the Board members unanimously found that there would be no fiscal cost. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments apply only to persons required to be licensed as a naturopathic physician in Utah. There are currently 80 naturopathic physician licensees in Utah. Similar to naturopathic physicians operating in small businesses, the Naturopathic Physicians Licensing Board has determined that there will be no fiscal cost to these individuals and any cost savings for individual naturopathic physicians cannot be estimated as the necessary data is unavailable. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Naturopathic Physicians Licensing Board was polled to determine any foreseeable costs associated with these proposed changes. Upon review, the Board members determined that there would be no fiscal impact. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the proposed filing for the above-referenced rule and considered the fiscal impact that the rule may have on businesses. I direct that my comments about the rule's fiscal impact on businesses be inserted at the appropriate place on the notice form to be filed with the Office of Administrative Rules for publication of this rulemaking action. In Section R156-71-202, these proposed changes in this provision are nonsubstantive as they incorporate a reference to a Council on Naturopathic Medical Education residency program in place of a less clear description of the required residency program. In Subsection R156-71-202(1), these proposed changes update the naturopathic physician formulary. The reference for the formulary is the 2008 edition of the American Hospital Formulary Service (AHFS). This change allows practitioners to use the 2008 edition or to access the current edition on the AHFS Drug information website. The other changes to the subsection include updating the formulary to identify non- controlled legend medications that may be used by naturopathic physicians to provide improved patient care within the scope of practice. These proposed amendments apply only to persons required to be licensed as a naturopathic physician in Utah. There are currently 80 naturopathic physician licensees (NAICS 621399). It is estimated that most operate private or group practices in their own offices and that several operate in the facilities of others, such as hospitals or HMO medical centers. The Section R156-71-102 changes have no fiscal impact. The changes to Subsection R156-71-202(1) allow the use of the 2008 edition of the AHFS formulary or to access the formulary online. There may be a cost saving for those needing to consult the formulary, as they can avoid purchasing one and use the online version. There are no other fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/24/2018 02:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42785.htm EDUCATION ADMINISTRATION No. 42800 (Amendment): R277-477. Distributions of Funds from the Interest and Dividends Account and Administration of the School LAND Trust Program. SUMMARY OF THE RULE OR CHANGE: These rule changes contain the changes recommended by the Board's Trust Advisory Committee. The purpose of these amendments is to allow School Community Councils to use program funds for items that in the past may have been considered behavioral, but are academic in nature, have been shown to be critical academic needs in some schools, display measurable academic improvement and directly impact the instruction of students. It also provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies e.g. changing the Interest and Dividends Account to the Trust Earnings Account to reflect the change in the account name made during the 2018 General Session (H.B. 404) and updating references to statute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not anticipated to have aggregate anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: These rule changes are not anticipated to have aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: These rule changes are not anticipated to have aggregate anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not anticipated to have aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes to Rule R277-477 are not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the expenditure of School LAND Trust Program funds by School Community Councils and does not require any expenditures of or generate any revenues for large businesses. These rule changes contain the changes recommended by the Board's Trust Advisory Committee (TAC). The purpose of the changes is to allow School Community Councils to use program funds for items that in the past may have been considered behavioral, but are academic in nature, have been shown to be critical academic needs in some schools, display measurable academic improvement, and directly impact the instruction of students. In addition, the committee recommended that the Civic and Character Education/Positive Behavior intervention section of the rule be clarified to only include Civic and Character Education including student leadership training and digital citizenship training. Behavioral intervention can now more adequately be addressed in the academic goals. TAC also recommended the current limit of $5,000 or 20% for Civic and Character Education be increased to $7,000. It also provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies e.g. changing the Interest and Dividends Account to the Trust Earnings Account to reflect the change in the account name made during the 2018 General Session (H.B. 404), and updating references to statute. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42800.htm No. 42803 (Amendment): R277-493. Kindergarten Supplemental Enrichment Program. SUMMARY OF THE RULE OR CHANGE: This rule change provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. It also enables the Superintendent to continue to deem a school that received funding in the prior year as eligible based on its eligibility from the local education agencies (LEAs) initial application year. This change will not have a fiscal impact on LEAs. It enables LEAs to sustain their participation in the program with approval from the Superintendent despite changes in their qualifying population. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not anticipated to have aggregate anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: This rule change is not anticipated to have aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: This rule change is not anticipated to have aggregate anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not anticipated to have aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change is not estimated to have compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change to Rule R277-493 is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule change is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the Kindergarten Supplemental Enrichment grant program for LEAs administered by the Utah State Board of Education and does not require any expenditures of or generate any revenues for large businesses. This rule change provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. It also enables the Superintendent to continue to deem a school that received funding in the prior year as eligible based on its eligibility from its initial application year. This change will not have a fiscal impact on LEAs. It enables LEAs to sustain their participation in the program with approval from the Superintendent despite changes in their qualifying population. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42803.htm No. 42804 (New Rule): R277-523. Teacher Salary Supplement Program. SUMMARY OF THE RULE OR CHANGE: This proposed rule is to codify the TSSP procedures in rule, administer the TSSP, and establish an appeals process for eligibility determination as required by state law. This rule fully establishes the program in the Board of Education's administrative rules. The program is funded through a state appropriation. This rule is not estimated to have a fiscal impact. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not anticipated to have aggregate anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: This proposed rule is not anticipated to have aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: This proposed rule is not anticipated to have aggregate anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not anticipated to have aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule, Rule R277-523, is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule is not expected to have any fiscal impact on large businesses’ revenues or expenditures because it deals with the TSSP which is funded by state appropriations and does not require any expenditures of or generate any revenues for large businesses. In the 2016 General Session, H.B. 331 passed and added a salary supplement award for National Board Certified teachers, and created statute that allowed teachers to apply for reimbursement for the cost of obtaining or renewing National Board Certification. Rule R277-521 was originally adopted only to implement the National Board Certification reimbursement as procedures for the TSSP were already established by the Department of Human Resource Management (DHRM) before the program was moved to the Board of Education (Board) in July of 2014. This proposed rule is to provide for the TSSP procedures to be adopted by the Board and codified in Board rule, administer the TSSP, and establish an appeals process for eligibility determination as required by state law. This rule fully establishes the program in the Board’s administrative rules. The program is funded through a state appropriation. This rule is not estimated to have a fiscal impact. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42804.htm No. 42806 (Amendment): R277-533. District Educator Evaluation Systems. SUMMARY OF THE RULE OR CHANGE: These amendments to this rule provide for immediate changes in response to federal feedback on equitable distribution of effective educators within Utah's Every Student Succeeds Act (ESSA) state plan. Additionally, language is added to meet our state's plan requiring charter schools to report the numbers of ineffective teachers. This rule has also been amended to explicitly classify educator evaluation data as private for purposes of Title 63G, Chapter 2, Government Records Access and Management. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not estimated to have aggregate anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: These rule changes are not estimated to have aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: These rule changes are not estimated to have aggregate anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not estimated to have aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes to Rule R277-533 are not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the submission of educator evaluation data to the Board and does not require any expenditures of or generate any revenues for large businesses. These amendments to this rule provide for immediate changes in response to federal feedback on equitable distribution of effective educators within Utah's Every Student Succeeds Act (ESSA) state plan. Additionally, language is added to meet our state's plan requiring charter schools to report the numbers of ineffective teachers. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not anticipated to have a fiscal impact because the evaluations are not new. These rule changes clarify how LEAs will report these data. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42806.htm No. 42799 (Amendment): R277-613. LEA Bullying, Cyber-bullying, Hazing and Harassment Policies and Training. SUMMARY OF THE RULE OR CHANGE: This rule is amended in response to S.B. 161 (2017) and H.B. 62 (2017). Along with technical changes in accordance with the Rulewriting Manual for Utah, these rule amendments include changes in definitions and terminology and updates to training requirements. These rule changes also add incident review requirements whereby a local education agency (LEA) must review allegations of incidents of bullying, cyber- bullying, hazing, and retaliation as detailed in Section R277-613-5. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have fiscal impact on the state budget because this rule is amended with technical changes in accordance with the Rulewriting Manual for Utah. - LOCAL GOVERNMENTS: This rule change may have a fiscal impact on local governments, however, this impact will be minimal as it is likely LEAs are tracking incidents of bullying, cyber-bullying, hazing, and retaliation since current rule requires LEAs to notify parents of incidents and to maintain documentation. - SMALL BUSINESSES: This rule change is not estimated to have a fiscal impact on small businesses, because this rule is amended with technical changes in accordance with the Rulewriting Manual for Utah. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities because this rule is amended with technical changes in accordance with the Rulewriting Manual for Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change to Rule R277-613 may have a fiscal impact on LEAs. This rule is amended in response to S.B. 161 (2017) and H.B. 62 (2017). Along with technical changes in accordance with the Rulewriting Manual for Utah, the rule changes include changes in definitions and terminology and updates to training requirements. These rule changes also add incident review requirements whereby an LEA must review allegations of incidents of bullying, cyber-bullying, hazing, and retaliation as detailed in Section R277-613-5. LEAs also must report annually to the Superintendent on the LEA's policies, training, and incidents of bullying, cyber-bullying, hazing, and retaliation. There may be a fiscal impact on LEAs who are not already reviewing allegations as outlined and to report the required information to the Utah State Board of Education annually. However, it is anticipated that this impact will be minimal as it is likely LEAs are tracking incidents of bullying, cyber-bullying, hazing, and retaliation since current rule requires LEAs to notify parents of incidents and to maintain documentation. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42799.htm No. 42805 (Repeal): R277-725. Electronic High School. SUMMARY OF THE RULE OR CHANGE: This proposed repeal is due to legislative funding cuts, the Electronic High School is no longer operating. Therefore, Rule R277-725 is no longer necessary. The Electronic High School classes ended in March 2017 with no additional funding provided for the Electronic High School. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal of Rule R277-725 is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule repeal is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the Electronic High School formerly run by the Utah State Board of Education and does not require any expenditures of or generate any revenues for large businesses. This rule repeal will not have a fiscal impact because the Legislature reallocated the ongoing funding for Electronic High School during the 2016 General Session. The Electronic High School classes ended in March 2017 with no additional funding provided for Electronic High School. Thus, repealing this rule is in line with changes already made by the Legislature. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42805.htm No. 42801 (Amendment): R277-801. Services for Students who are Deaf, Hard of Hearing, Blind, Visually Impaired, and Deafblind. SUMMARY OF THE RULE OR CHANGE: This rule change adds clarifying language specifying that a qualifying student may enroll directly in USDB if the student's previous primary educational instruction was in American Sign Language and USDB's program most closely matches the qualifying student's prior program of instruction. Language added further clarifies which services the USDB will provide free of charge, and that USDB shall provide all funded outreach services at no cost for qualifying students within a local education agency (LEA) with less than three percent of the student population statewide. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not estimated to have aggregate anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: This rule change is not estimated to have aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: This rule change is not estimated to have aggregate anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not estimated to have aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change to Rule R277-801 is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule change is not expected to have any fiscal impact on large businesses' revenues or expenditures because it clarifies procedures for placement of students at the USDB and does not require any expenditures of or generate any revenues for large businesses. This rule change adds clarifying language specifying that a qualifying student may enroll directly in USDB if the student’s previous primary educational instruction was in American Sign Language and USDB's program most closely matches the qualifying student's prior program of instruction. Language added further clarifies which services the USDB shall provide free of charge and that USDB shall provide all funded outreach services at no cost for qualifying students within a local education agency (LEA) with less than three percent of the student population statewide. An LEA with greater than three percent of the student population statewide shall provide services for qualifying students or may contract with the USDB for these services, subject to legislative appropriations, so it will not cause any additional costs for local education agencies. This rule change provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42801.htm ENVIRONMENTAL QUALITY ADMINISTRATION No. 42781 (Amendment): R305-7. Administrative Procedures. SUMMARY OF THE RULE OR CHANGE: The terms "Designated Address" and "U.S. Postal Service Certified Mail" have been added under Section R305-7-102 for purposes of defining service of Notices of Violation under Section R305-7- 302. The reference to a "response" to a request for agency action is deleted under Subsection R305-7-103(2), as the requirement to file a response has been removed. A new Subsection R305-7-104(1)(a) has been added as a cross- reference regarding service of Notices of Violation and Initial Orders, a subject that is now covered under Section R305-7-302. Subsections R305-7- 104(1)(b), (3)(a), and (5) have been modified to clarify that new adjudicative proceedings may not be initiated by email filing. A traditional, paper filing is required and must be received by the Division as of the due date. The existing rule has been interpreted to so provide. These amendments are intended to clarify the existing rule. A new Subsection R305-7-104(4) has been added in order to create a single rule governing all hearings in adjudicative proceedings. Corresponding rules regarding hearings under Subsections R305-7-213(5) and R305-7-314(2) have been conformed. This new subsection confirms the practice adopted by most ALJs who have been hearing cases under the rule and reinforces the rule that all matters subject to review by the Executive Director must be of record. Responsibility for making the record falls to the Directors. The final sentence of Section R305-7-112 has been eliminated because it is redundant and deemed unnecessary. A new Section R305-7-114 has been adopted to address prosecution of actions. Consistent with the Utah Code of Judicial Administration, this section provides that the responsibility for prosecution of adjudications falls to the person seeking relief; that the Executive Director may, either sua sponte or by motion, serve an order to show cause why a case should not be dismissed for failure to prosecute. In matters where an ALJ has been assigned, a motion should be filed with the ALJ in the first instance. In either event, the person with the responsibility for prosecution of the action will be provided with an opportunity to show cause why the adjudication should not be dismissed for failure to prosecute before such an order is entered. This section adopts the current practice of the Executive Director. Subsection R305-7-200(2) provides that because the 2018 amendments are procedural, they shall apply retroactively to all matters pending before the Executive Director. Section 19-1-301.5 provides that the Department may promulgate rules for extensions of time for petitions to review in special adjudicative proceedings. The existing Section R305-7-205 speaks of "parties" but not prospective intervenors. This section has been expanded to provide that if the parties and prospective intervenor agree, an extension of time may be entered. This change extending the right for a stipulated extension of time to prospective intervenors provides Directors with greater flexibility to manage potential settlement of special adjudicative proceedings. Subsections R305-7-302(1) and (2) have been moved to and consolidated with Section R305-7-307. A new Section R305-7-302 has been promulgated to govern the issuance and service of Notices of Violation and Initial Orders by Directors. The intent of this section is to provide, by rule, more clarity as to the effective date, service, and the appeal period for Notices of Violation and Initial Orders. This section generally provides recipients with at least 20 days to file a response. This section generally adopts the longstanding practice of Directors providing service by registered mail. Utah appellate courts have ruled that service by registered mail is adequate to satisfy due process requirements. This section also provides Directors with several other options to accomplish service when they deem alternate service is warranted. Section R305-7-303 has been amended to clarify that a Notice of Violation and Initial Order may be appealed if the appeal is filed (that is, received) within 30 days of the effective date (being the date it is signed), provided that the document has been served within 7 days of the date of issuance. Once the appeal period has expired, however, the Notice of Violation or Initial Order becomes final for all purposes. Section R305-7-306 has been modified to remove the requirement that Directors file a "response" to a request for agency action in an enforcement case, as provided under UAPA (Section 63G-4-204). This change has been made for several reasons. In an enforcement proceeding, the Notice of Violation or Initial Order serves the place of a complaint and the Request for Agency Action serves as an answer. Under the amended Subsection R305-7- 309(9), the Adjudicatory Record now expressly begins with the Notice of Violation and/or Initial Order (complaint) that is the subject of the Request for Agency Action (answer). As a matter of procedure, there is no need for a Director to file a rebuttal to a document that serves as an answer. For similar reasons, the requirement for Directors to file a response to a petition for review in a special adjudicative proceeding was previously eliminated. The response serves no purpose. Rather than filing a "response", the Director is now required to file a status report to the ALJ within 10 days of appointment (Subsection R305-7-306(4)). The opposing party or parties will then have the opportunity to file a similar status report. The status reports will include information necessary for the ALJ to make a determination as to the necessity of further proceedings, as well as assistance in understanding scheduling matters, the need for discovery, and so forth, see Subsection R305-7-306(5). The current section has no such procedure to assist ALJs in making determinations about further proceedings. This section also clarifies the existing practice that until a notice of further proceedings is entered by an ALJ, there is no requirement by any party to file a response to any motion filed prior to that time. As noted above, Section R305-7-307 has been consolidated with the former Section R305- 7-302 so the subject matter (formality of proceedings) is addressed in a single section. Section R305-7-309 relating to the agency record has been modified in a few respects. Paper copies of the administrative record are not required to be served upon the ALJ. The procedure for generating the initial draft record has been adjusted to provide greater flexibility. Because the Initial Record has been deemed to satisfy a Director's requirement for initial disclosures under Section R305-7-310, a minimum of 60 days has been provided to produce the record. The production of formal records requires considerable agency time and it was deemed appropriate to set, in rule, a timeframe so as to allow for advance planning. The existing Section R305-7-310 regarding discovery has been replaced in its entirety by a new section. This new section allows either party a right to reasonable discovery, subject to the limitations set forth in the Utah Rules of Civil Procedure and as may be imposed by the ALJ. The ALJ's powers over discovery matters, as relating to the Utah Rules, has been clarified. Because the Utah Rules rely extensively upon disclosures, this new section has followed suit. Finally, as to the production of documents in administrative proceedings, the section clarifies that the Department's production of public records is subject to the limitations set forth by the legislature under the Government Records Access and Management Act, Title 63G, Chapter 2, or GRAMA. This statute prohibits Directors from disclosing certain information. These limitations should apply to administrative proceedings. Section R305-7-317 has been modified slightly to expand the grounds for interlocutory appeal to the Executive Director, in the interests of judicial economy. Section R305- 7-318 has been modified to clarify the circumstances where a stay of an administrative order may be appropriate. Section R305-7-319 has been deleted. The issues addressed in this section (finality) are now addressed exclusively in Section R305-7-303. Several other editorial and conforming changes have been made in this revision. These should be self-explanatory. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments will have no impact on the state budget because the amendments simply provide additional clarification of procedure that is already in place under the existing rule. - LOCAL GOVERNMENTS: These amendments will have no impact on local governments because the amendments simply provide additional clarification of procedure that is already in place under the existing rule. - SMALL BUSINESSES: These amendments will have no impact on small businesses because the amendments simply provide additional clarification of procedure that is already in place under the existing rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments will have no impact on other persons because the amendments simply provide additional clarification of procedure that is already in place under the existing rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendments have no associated fee. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These amendments will have no impact on businesses because the amendments simply provide additional clarification of procedure that is already in place under the existing rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bret Randall by phone at 801-536-0284, or by Internet E-mail at bfrandall@agutah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42781.htm WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 42798 (Amendment): R313-37-3. Clarifications or Exceptions. SUMMARY OF THE RULE OR CHANGE: On 09/30/2014, the NRC amended the federal radioactive materials regulations in 10 CFR Part 37 to address security- related information requirements for large irradiators and manufacturers, distributors, and transporters of Category 1 and Category 2 quantities of radioactive materials. Additionally, on 08/03/2015 the NRC made various technical corrections to the federal radioactive materials regulations, including a correction to a reference in 10 CFR Part 37 (specifically paragraph 37.23(b)(2)). However, based on the compatibility designations, the majority of NRC's revisions published in the noted Federal Registers are not required for an Agreement State, such as Utah, to adopt into the state radioactive materials rules. This proposed rule change incorporates those revisions associated with maintaining regulatory compatibility with the federal radioactive materials regulations. Because Rule R313-37 incorporates by reference 10 CFR Part 37, updating the date of the incorporation by reference from 2014 to 2017 results in incorporating the changes published by the NRC on 09/30/2014 and 08/03/2015. Consequently, only the change to the date of the incorporation by reference in Section R313-37-3 is necessary in order to maintain regulatory compatibility with NRC rules as an Agreement State with the NRC. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: An entity of state government that may have a radioactive material license and be subject to the security-related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information – Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.) - LOCAL GOVERNMENTS: No local governments have a radioactive materials license subject to the security and protection requirements of Rule R313-37. - SMALL BUSINESSES: A small business that may have a radioactive material license and be subject to the security-related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information – Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.) - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A person who may have a radioactive material license and be subject to the security-related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information – Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.) COMPLIANCE COSTS FOR AFFECTED PERSONS: A radioactive material licensee who is subject to the security-related information requirements under Rule R313- 37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information – Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.) COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: A radioactive material licensee who is subject to the security- related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information – Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.) INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42798.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42787 (Amendment): R414-60A. Drug Utilization Review Board. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies terms of appointment and meeting requirements for DURB members. It also removes language already spelled out in the Utah Code and makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies requirements for DURB membership. It neither affects Medicaid member services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund the DURB nor make administrative decisions regarding its membership. - SMALL BUSINESSES: There is no impact to small businesses because this change only clarifies requirements for DURB membership. It neither affects Medicaid member services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers or to Medicaid members because this change only clarifies requirements for DURB membership. It neither affects Medicaid member services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because this change only clarifies requirements for DURB membership. It neither affects Medicaid member services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule 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 05/31/2018 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: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42787.htm No. 42788 (Amendment): R414-60B. Preferred Drug List. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies clinical and cost- related factors for the P&T Committee to recommend which therapeutic drugs to cover in the Preferred Drug List (PDL). It also makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies criteria upon which to base recommendations. It neither affects member services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund the P&T Committee nor determine the criteria used to make recommendations. - SMALL BUSINESSES: There is no impact to small businesses because this change only clarifies criteria upon which to base recommendations. It neither affects member services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers or to Medicaid members because this change only clarifies criteria upon which to base recommendations. It neither affects member services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because this change only clarifies criteria upon which to base recommendations. It neither affects member services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule 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 05/31/2018 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: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42788.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 42786 (Amendment): R612-100-4. Designation as Informal Proceedings. SUMMARY OF THE RULE OR CHANGE: This proposed rule change provides that proceedings initiated against employers who unlawfully interfere with an employee's workers' compensation claim will be designated as informal adjudicatory proceedings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Designating adjudicatory proceedings as informal imposes no cost upon the state and should allow for certain savings by not requiring a formal adjudicatory process. - LOCAL GOVERNMENTS: Designating adjudicatory proceedings as informal imposes no cost upon local governments and should allow for certain savings by not requiring a formal adjudicatory process. - SMALL BUSINESSES: Designating adjudicatory proceedings as informal imposes no cost upon small businesses and should allow for certain savings by not requiring a formal adjudicatory process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Designating adjudicatory proceedings as informal imposes no cost upon any other persons and should allow for certain savings by not requiring a formal adjudicatory process. COMPLIANCE COSTS FOR AFFECTED PERSONS: Designating adjudicatory proceedings as informal imposes no cost upon affected persons and should allow for certain savings by not requiring a formal adjudicatory process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated that there will be any fiscal impact on businesses by designating these adjudicatory proceedings as informal proceedings. There might be a savings by not requiring a formal adjudicatory process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42786.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. CAREER SERVICE REVIEW OFFICE ADMINISTRATION No. 42779 (5-year Review): R137-2. Government Records Access and Management Act. 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 essential; it enables the Career Service Review Office to manage requests for documents under GRAMA. The rule is necessary to assure that document requests are answered expeditiously and in a manner consistent with GRAMA. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Akiko Kawamura by phone at 801-538-3047, by FAX at 801-538-3139, or by Internet E-mail at akawamura@utah.gov - Annette Morgan by phone at 801-538-3048, by FAX at 801-538-3139, or by Internet E-mail at amorgan@utah.gov EFFECTIVE: 04/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42779.htm HEALTH ADMINISTRATION No. 42784 (5-year Review): R380-250. 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: The Department will continue this rule because it safeguards health information in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and because it allows individuals to access their PHI, request to amend or restrict their PHI, request an accounting of disclosures, and to file a complaint over a HIPAA violation. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 04/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42784.htm CHILDREN'S HEALTH INSURANCE PROGRAM No. 42790 (5-year Review): R382-1. Benefits and Administration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it sets forth provisions for benefits, limitations, enrollment, reimbursement, cost sharing, and the fair- hearing process under CHIP. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 04/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42790.htm No. 42791 (5-year Review): R382-10. Eligibility. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it sets forth eligibility requirements for children to receive CHIP coverage. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 04/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42791.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42782 (5-year Review): R414-52. Optometry Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements optometry services for Medicaid members as described in the Vision Care Services Provider Manual and in the Medicaid State Plan. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 04/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42782.htm No. 42783 (5-year Review): R414-53. Eyeglasses Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements eyeglasses services for Medicaid members as described in the Vision Care Services Provider Manual and in the Medicaid State Plan. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 04/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42783.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 42796 (5-year Review): R657-34. Procedures for Confirmation of Ordinances on Hunting Closures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-34 is necessary to provide the procedures for a political subdivision within a community to obtain confirmation from the Wildlife Board to close an area to hunting for reasons of safety. The provisions adopted in this rule are effective. Continuation of this rule is necessary to provide the standards and procedures for obtaining confirmation from the Wildlife Board. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 04/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42796.htm No. 42795 (5-year Review): R657-37. Cooperative Wildlife Management Units for Big Game or Turkey. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-37 is established for setting the standards and procedures applicable to Cooperative Wildlife Management units for big game or turkey. The provisions adopted in this rule are effective in increasing wildlife resources, providing income to landowners, providing the general public access to private and public lands for hunting big game or turkey, creating satisfying hunting opportunities, and providing adequate protection to landowners who open their lands for hunting. Continuation of this rule is necessary for success with this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 04/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42795.htm No. 42794 (5-year Review): R657-42. Fees, Exchanges, Surrenders, Refunds and Reallocation of Wildlife Documents. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-42 is established for setting the standards and procedures for exchanges, surrenders, refunds and reallocations of wildlife permits. The provisions adopted in this rule are effective in maintaining a set practice of guidelines assuring continuity and consistency in handling circumstances pertaining to exchanges, surrenders, refunds, reallocations, and late fees. Continuation of this rule is necessary for success with this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 04/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42794.htm No. 42793 (5-year Review): R657-45. Wildlife License, Permit, and Certificate of Registration Forms and Terms. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-45 is established for prescribing the forms of a wildlife license, permit, and certificate of registration. The provisions adopted in this rule are effective in prescribing the form of a license, permit, and certificate of registration. Continuation of this rule is necessary for prescribing the form of a license, permit, and certificate of registration. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 04/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42793.htm No. 42792 (5-year Review): R657-53. Amphibian and Reptile Collection, Importation, Transportation and Possession. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-53 governs the collection, importation, exportation, transportation, and possession of amphibians, reptiles, and their parts. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success of this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 04/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42792.htm PUBLIC SAFETY ADMINISTRATION No. 42797 (5-year Review): R698-7. Emergency Vehicles. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order to clarify the requirements for a privately-owned vehicle to be designated as emergency vehicles as authorized under Section 41-6a-310. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov EFFECTIVE: 04/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42797.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42768 (5-year Review): R746-110. Uncontested Matters to be Adjudicated Informally. 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 to allow the PSC to continue to comply with Sections 54-4-1 and 63G-4-203. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 04/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42768.htm No. 42767 (5-year Review): R746-210. Utility Service Rules Applicable Only to Electric Utilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The standards in this rule for Master Metered multiple tenancy dwellings continue to be relevant and necessary to the PSC's duty to supervise and regulate electric utility companies in Utah. Therefore, the rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 04/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42767.htm No. 42769 (5-year Review): R746-240. Telecommunication Service 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 remains necessary to provide guidelines for telecommunication service and resolution of customer complaints. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 04/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42769.htm No. 42770 (5-year Review): R746-340. Service Quality for Telecommunications Corporations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary to ensure that adequate and satisfactory service will be rendered to the public by telecommunications utilities under the jurisdiction of the PSC. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 04/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42770.htm REGENTS (BOARD OF) ADMINISTRATION No. 42789 (5-year Review): R765-605. Higher Education Success Stipend 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 Program receives annual funding from the state legislature and the continuation of this rule is required to administer the Program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at rcrossley@utahsbr.edu EFFECTIVE: 04/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180501/42789.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42582 (AMD): R156-1.General Rule of the Division of Occupational and Professional Licensing Published: 03/01/2018 Effective: 04/09/2018 EDUCATION ADMINISTRATION No. 42609 (AMD): R277-116.Audit Procedure Published: 03/01/2018 Effective: 04/09/2018 No. 42608 (AMD): R277-122.Board of Education Procurement Published: 03/01/2018 Effective: 04/09/2018 No. 42610 (AMD): R277-482.Charter School Timelines and Approval Processes Published: 03/01/2018 Effective: 04/09/2018 No. 42611 (AMD): R277-610.Released-Time Classes and Public Schools Published: 03/01/2018 Effective: 04/09/2018 No. 42613 (AMD): R277-709.Education Programs Serving Youth in Custody Published: 03/01/2018 Effective: 04/09/2018 No. 42614 (AMD): R277-719.Standards for Selling Foods Outside of the Reimbursable Meal in Schools Published: 03/01/2018 Effective: 04/09/2018 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 42204 (AMD): R313-25.License Requirements for Land Disposal of Radioactive Waste – General Provisions Published: 11/01/2017 Effective: 04/09/2018 No. 42204 (CPR): R313-25.License Requirements for Land Disposal of Radioactive Waste – General Provisions Published: 03/01/2018 Effective: 04/16/2018 WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 42451 (AMD): R315-15.Standards for the Management of Used Oil Published: 02/01/2018 Effective: 04/19/2018 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42490 (REP): R414-509.Medicaid Autism Waiver Open Enrollment Process Published: 02/15/2018 Effective: 04/11/2018 CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 42339 (REP): R436-6.Delayed Registration of Birth or Death Published: 12/15/2017 Effective: 04/03/2018 LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 42567 (AMD): R612-300-4.General Method for Computing Medical Fees Published: 03/01/2018 Effective: 04/09/2018 BOILER, ELEVATOR AND COAL MINE SAFETY No. 42565 (AMD): R616-2-3.Safety Codes and Rules for Boilers and Pressure Vessels Published: 03/01/2018 Effective: 04/09/2018 No. 42566 (AMD): R616-3-3.Safety Codes for Elevators Published: 03/01/2018 Effective: 04/09/2018 NATURAL RESOURCES WATER RIGHTS No. 42606 (R&R): R655-1.Wells Used for the Discovery and Production of Geothermal Energy in the State of Utah Published: 03/01/2018 Effective: 04/09/2018 No. 42607 (R&R): R655-4.Water Wells Published: 03/01/2018 Effective: 04/09/2018 REGENTS (BOARD OF) UNIVERSITY OF UTAH, COMMUTER SERVICES No. 42512 (NEW): R810-1.University of Utah Parking Regulations Published: 02/15/2018 Effective: 04/05/2018 No. 42513 (NEW): R810-8.Vendor Regulations Published: 02/15/2018 Effective: 04/05/2018 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/ . <> ----------------------------