---------------------------- Utah State Digest, Vol. 2018, No. 10 (May 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed April 17, 2018, 12:00 AM through May 1, 2018, 11:59 PM Volume 2018, No. 10 May 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 June 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/2018/20180515/sn160218.htm Hearing 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/2018/20180515/sn160219.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/2018/20180515/sn160220.htm Outpatient Hospital Supplemental Payments - 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/2018/20180515/sn160240.htm Annual Rebasing Update - 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/2018/20180515/sn160241.htm State Teaching Hospital Payments - 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/2018/20180515/sn160247.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 17, 2018, 12:00 a.m., and May 1, 2018, 11:59 p.m. are summarized in this, the May 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the May 15, 2018, issue of the Utah State Bulletin until at least June 14, 2018 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through September 12, 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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 42846 (Amendment): R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY OF THE RULE OR CHANGE: Rule R23-23 is authorized under Subsection 63A-5-103(2)(a), which directs the Building Board to make rules necessary for the discharge of duties for the Division of Facilities Construction and Management. These amendments to Rule R23-23 are required and necessary to conform Rule R23-23 with the new Utah Code Section 63A-5-205.5, passed pursuant to H.B. 39 in the 2018 General Session, signed by the Governor on 03/20/2018 and scheduled to take effect 05/07/2018. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Amendments to Rule R23-23 will have no anticipated cost or savings for the state. The amendment of Rule R23-23 is required so that the rule is consistent with changes that were made to Section 63A-5-205 by H.B. 39 (2018). Any associated fiscal impacts are attributable to the changes in the statue and not the amendments to this rule, which simply mirrors the changes in the statute. All anticipated impacts have been accounted for in the fiscal note for H.B. 39 (2018). - LOCAL GOVERNMENTS: Amendments to Rule R23-23 will not affect local governments. The amendment of Rule R23-23 is required so that the rule is consistent with changes that were made to Section 63A-5-205 by H.B. 39 (2018). Any associated fiscal impacts are attributable to the changes in the statue and not the amendments to this rule, which simply mirrors the changes in the statute. All anticipated impacts have been accounted for in the fiscal note for H.B. 39 (2018). - SMALL BUSINESSES: Amendments to Rule R23-23 will not affect small businesses. The amendment of Rule R23-23 is required so that the rule is consistent with changes that were made to Section 63A-5-205 by H.B. 39 (2018). Any associated fiscal impacts are attributable to the changes in the statue and not the amendments to this rule, which simply mirrors the changes in the statute. All anticipated impacts have been accounted for in the fiscal note for H.B. 39 (2018). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Amendments to Rule R23-23 will not affect persons other than small businesses, businesses, or local government entities. The amendment of Rule R23-23 is required so that the rule is consistent with changes that were made to Section 63A-5-205 by H.B. 39 (2018). Any associated fiscal impacts are attributable to the changes in the statue and not the amendments to this rule, which simply mirrors the changes in the statute. All anticipated impacts have been accounted for in the fiscal note for H.B. 39 (2018). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. These amendments to Rule R23-23 are required and necessary to conform Rule R23-23 with the new Utah Code Section 63A-5-205.5, passed pursuant to H.B. 39 (2018). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at cniederhauser@utah.gov - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Michael Kelley by phone at 801-538-3105, or by Internet E-mail at mkelley@agutah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42846.htm FINANCE No. 42854 (Amendment): R25-7. Travel-Related Reimbursements for State Employees. SUMMARY OF THE RULE OR CHANGE: These rule changes increases reimbursement rates for mileage, lodging, and food. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is likely that all state government agencies will have a direct inestimable cost associated with these changes in reimbursement rates. The cost is inestimable due to the burden associated with collecting and analyzing historical reimbursement forms used for expenditures made against the old reimbursement rates. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments because local governments are not subject to the rule being adjusted. - SMALL BUSINESSES: An indeterminate number of small businesses in the hotel and restaurant industries (NAICS 722511, 722513, 721110) may see an indirect inestimable benefit impact from increased revenues because employees will be eligible for increased reimbursement while traveling. The state cannot determine the impact due to the burden of collecting and analyzing source material. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other persons’ revenues or expenditures, because no other parties are expected to be involved in transactions of this nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because these amendments change reimbursement rates and do not require any new action on the part of persons applying for reimbursements, there are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are reasonable and warranted. Small businesses may see an increase in revenue. However, the Division of Finance cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cory Weeks by phone at 801-538-3100, or by Internet E-mail at cweeks@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42854.htm CAREER SERVICE REVIEW OFFICE ADMINISTRATION No. 42844 (Amendment): R137-1. Grievance Procedure Rules. SUMMARY OF THE RULE OR CHANGE: H.B. 183 (2018) eliminated the requirement that the Career Service Review Office (CSRO) hire a certified court reporter to record hearings. H.B. 383 (2018) defined terms, included the review of "abusive conduct investigations" in the list of subjects over which the CSRO has jurisdiction, prohibited retaliation against an employee advocate, amended deadlines for submitting grievances, and allowed an employee to skip steps in the grievance process where warranted. These rule changes make technical and conforming changes required by H.B. 183 and H.B. 383. Additionally, these rule amendments change the page limitations for motions filed at the CSRO. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes do not impose costs or savings to the state in addition to those already contemplated by fiscal note in the legislative process. - LOCAL GOVERNMENTS: The grievance procedures affect only state employees and employers and do not apply to other entities. - SMALL BUSINESSES: The grievance procedures affect only state employees and employers and do not apply to other entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because the CSRO is no longer required to hire a certified court reporter, if a CSRO decision is appealed to the Utah Court of Appeals, this cost shifts to the appealing party. This anticipated cost is incremental because the appealing party has always been responsible for transcription costs. This cost shift is made necessary by the legislative amendments and was contemplated by the fiscal note in the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: The cost of hiring a court reporter shifts from the CSRO to the appealing party. This cost shift is made necessary by the legislative amendments and was contemplated by the fiscal note in the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The grievance procedures affect only state employees and employers and do not apply to other entities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42844.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42807 (Amendment): R156-70a. Physician Assistant Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-70a-102, the unnecessary definitions of "locum tenens" and "on-site supervision" are removed. In R156-70a-501, the physician/physician assistant working relationship and delegation of duties are changed to comply with S.B. 162 (2017), by: 1) removing the requirement for physicians to cosign all medical chart records for patients; and 2) including the requirement of quality review in place of chart review. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: For Section R156-70a-102, these proposed changes remove unnecessary definitions to ensure that the rule only encompasses current practice in the profession. Accordingly, these amendments are not expected to impact state government revenues or expenditures. For Section R156-70a- 501, these proposed amendments apply to persons required to be licensed as a physician assistant in Utah, and will also indirectly affect those who employ licensed physician assistants. This will include certain state government entities acting as businesses. However, because these proposed amendments only conform this rule to practices already required by S.B. 162 (2017), the Division estimates that there will be no impact on state agencies over and above that included in the fiscal note for S.B. 162 (2017), available online at https://le.utah.gov/lfa/fnotes/2017/SB0162.fn.pdf. No other fiscal impact to the state is expected 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: For Section R156-70a-102, these proposed changes remove unnecessary definitions to ensure that this rule only encompasses current practice in the profession. Accordingly, these amendments are not expected to impact local government's revenues or expenditures. For Section R156-70a- 501, these proposed amendments apply to persons required to be licensed as a physician assistant in Utah, and will also indirectly affect those who employ licensed physician assistants. This will include certain local government entities acting as businesses. However, because these proposed amendments only conform this rule to practices already required by S.B. 162 (2017), the Division estimates that there will be no impact on local governments over and above that included in the fiscal note for S.B. 162 (2017), available online at https://le.utah.gov/lfa/fnotes/2017/SB0162.fn.pdf. - SMALL BUSINESSES: For Section R156-70a-102, these proposed changes remove unnecessary definitions to ensure that this rule only encompasses current practice in the profession. Accordingly, these amendments are not expected to impact small businesses' revenues or expenditures. For Section R156-70a- 501, these proposed amendments apply to persons required to be licensed as a physician assistant in Utah, and will also indirectly affect those who employ licensed physician assistants. There are currently 1,589 physician assistant licensees in Utah; it is estimated that approximately two-thirds of these are employed by small business facilities such as private or group physician practices or medical centers (NAICS 621399). However, because these proposed amendments only conform this rule to practices already required by S.B. 162 (2017), the Division estimates that there will be no impact on any of these small businesses who employ physician assistants, over and above that included in the fiscal note for S.B. 162 (2017), available online at https://le.utah.gov/lfa/fnotes/2017/SB0162.fn.pdf. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: For Section R156-70a-102, these proposed changes remove unnecessary definitions to ensure that this rule only encompasses current practice in the profession. Accordingly, these amendments are not expected to impact other persons. For Section R156-70a-501, these proposed amendments apply to persons required to be licensed as a physician assistant in Utah, and will also indirectly affect those who employ licensed physician assistants. However, because these proposed amendments only conform this rule to practices already required by S.B. 162 (2017), the Division estimates that there will be no impact on physician assistants or any persons who may employ them over and above that included in the fiscal note for S.B. 162 (2017), available online at https://le.utah.gov/lfa/fnotes/2017/SB0162.fn.pdf. COMPLIANCE COSTS FOR AFFECTED PERSONS: For Section R156-70a-102, these proposed changes remove unnecessary definitions to ensure that this rule only encompasses current practice in the profession. Accordingly, these amendments are not expected to impact affected persons. For Section R156- 70a-501, these proposed amendments apply to persons required to be licensed as a physician assistant in Utah, and will also indirectly affect those who employ licensed physician assistants. However, because these proposed amendments only conform this rule to practices already required by S.B. 162 (2017), the Division estimates that there will be no compliance costs for affected persons over and above that included in the fiscal note for S.B. 162 (2017), available online at https://le.utah.gov/lfa/fnotes/2017/SB0162.fn.pdf. 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 thid 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. Amendments to Section R156-70a-102 remove unnecessary definitions in the rule. Amendments to Section R156-70a-501 change the physician/physician assistant working relationship and delegation of duties to comply with S.B. 162 (2017) by: 1) removing the requirement for physicians to cosign all medical chart records for patients; and 2) including the requirement of quality review in place of chart review. The deletion of certain definitions from Section R156-70a-102 has no fiscal impact or benefit. The Section R156- 70a-502 amendments apply to persons required to be licensed as a physician assistant in Utah, and will also indirectly affect those who employ licensed physician assistants. There are currently 1,589 physician assistant licensees in Utah. It is estimated that approximately two-thirds of these are employed by small business facilities, such as private or group physician practices or medical centers (NAICS 621399). However, because these proposed amendments only conform this rule to practices already required by S.B. 162 (2017), the Division estimates that there will be no impact on or benefit to small businesses who employ physician assistants, and no impact on physician assistants who own or operate their own offices, over and above that included in the fiscal note for S.B. 162 (2017), available online at https://le.utah.gov/lfa/fnotes/2017/SB0162.fn.pdf. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42807.htm REAL ESTATE No. 42809 (Amendment): R162-2c. Utah Residential Mortgage Practices and Licensing Rules. SUMMARY OF THE RULE OR CHANGE: This proposed rule amendment would change Sections R162-2c-501a and R162-2c-501b to provide up to 15 optional experience points to licensed mortgage loan originators. The optional experience would be 0.5 points for each month of full-time employment as a junior loan officer or an assistant loan officer. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Real Estate (Division) has the staff and budget in place to administer this proposed amendment. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to those resources or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce this rule. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to local governments. - SMALL BUSINESSES: This proposed amendment does not create new obligations for small businesses, nor does it increase the costs associated with any existing obligation. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities, nor does it increase the costs associated with any existing obligation. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule amendment does not create new obligations for affected persons subject to the administrative rules nor does it increase the costs associated with any existing obligation. Rather, this proposed rule amendment would recognize optional experience of certain mortgage loan originators, thereby allowing these affected persons to qualify for lending manager status more quickly than would otherwise be possible. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Section R162-2c-501a amendment provides optional experience equivalency to a licensed mortgage loan originator working as a junior loan officer or an assistant loan officer. The Section R162-2c-501b amendment provides the experience equivalency for a licensed mortgage loan originator working as a junior loan officer or an assistant loan officer is calculated at one-half point per month. These proposed amendments do not create new obligations for small businesses nor do they have any fiscal impact on small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42809.htm EDUCATION ADMINISTRATION No. 42857 (New Rule): R277-113. LEA Fiscal and Auditing Policies. SUMMARY OF THE RULE OR CHANGE: This proposed rule is to require LEAs to formally adopt and implement policies regarding the management and use of public funds; and to provide minimum standards, procedures and definitions for LEA policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is being reinstated because the five-year review was not done by the deadline and the rule expired. This new rule provides no changes anticipated to generate costs. As such, this rule is not estimated to have aggregate anticipated cost or savings to state budget. - LOCAL GOVERNMENTS: This rule is being reinstated because the five-year review was not done by the deadline and the rule expired. This new rule provides no changes anticipated to generate costs. As such, this rule is not estimated to have aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: This rule is being reinstated because the five-year review was not done by the deadline and the rule expired. This new rule provides no changes anticipated to generate costs. As such, this rule 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 is being reinstated because the five-year review was not done by the deadline and the rule expired. This new rule provides no changes anticipated to generate costs. As such, this rule 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 proposed Rule R277-113 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 in 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 fiscal and auditing policies for local education agencies and does not require any expenditures of or generate any revenues for large businesses. This rule also provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42857.htm HEALTH ADMINISTRATION No. 42863 (Amendment): R380-40. Local Health Department Minimum Performance Standards. SUMMARY OF THE RULE OR CHANGE: These changes update requirements for counties that withdraw from a multi-district LHD. The new Subsection R380- 40-6(10) includes the authorizing statutes (Sections 26A-1-122 and 26A-1-115, and Rule R380-50) and the requirement of the withdrawing county to demonstrate to the Department of Health (Department) that it can meet the minimum performance standards set out in this rule. Subsection R380-40- 6(10)(a) addresses the funding requirements of the withdrawing LHD which must have enough revenue in the county's budget at the time of the withdrawal to employ specific full-time employees. In Subsection R380-40-6(10)(a)(i), the specific employees to be employed full time within the LHD are: in Subsection R380-40-6(10)(a)(i)(A), a health officer who meets qualifications in Section R380-40-5; in Subsection R380-40-6(10)(a)(i)(B), a registered nurse who meets the qualifications in Subsection R380-40-6(4); in Subsection R380-40- 6(10)(a)(i)(C), an environmental health scientist who meets the qualifications Subsection R380-40-6(6); and in Subsection R380-40- 6(10)(a)(i)(D), a business manager who has experience in budget preparation and tracking, accounts receivable, accounts payable, purchasing, and if not provided to the new LHD by the county, human resources, including recruitment, hiring, and termination within a merit system. The new Subsection R380-40-6(10)(a)(ii) assures that physician oversight under Subsection R380-40-5(1)(c) can be met. The new Subsection R380-40- 6(10)(a)(iii) provides the following staff on either a part-time or full-time basis: in Subsection R380-40-6(10)(a)(iii)(A), a health education specialist who meets the qualifications in Subsection R380-40-6(5); and in Subsection R380-40-6(10)(a)(iii)(B), an individual with epidemiology experience who meets the qualifications in Subsection R380-40-6(7). The new Subsection R380-40-6(10)(b) assures business operations support to include at a minimum budget/finance and human resources. The new Subsection R380-40-6(10)(c) provides, equip, and maintain suitable offices, facilities, and infrastructure as required in Subsection 26A-1-115(2). The new Subsection R380-40-6(10)(d) adds commitment and ability to continue funding the LHD with revenue from county and local funding sources at an amount not less than the amount needed for Subsection R380-40-6(10)(a). The new Subsection R380-40- 6(10)(e) adopts a county ordinance to create and maintain a local board of health and a LHD charged with the responsibilities and duties outlined in Sections 26A-1-101 through 26A-1-127. The new Subsection R380-40-6(10)(f) adds a commitment from the county attorney to serve as the legal advisor to the LHD as derived in Section 26A-1-120. The new Subsection R380-40-6(10)(g) adds commitment from emergency response entities to work with the county health department as outlined in Subsections R380-40-9(1)(a), (b), (c), (d), and (e). The new Subsection R380-40-6(10)(h), adds the availability of laboratory services as outlined in Section R380-40-10. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes in the rule are not expected to result in new costs or savings to the state budget. - LOCAL GOVERNMENTS: These changes in the rule are not expected to result in new costs or savings to local governments, with the exception of any county withdrawing from a multi-district LHD. - SMALL BUSINESSES: These changes are not expected to result in any costs or savings to small businesses because this rule does not contain provisions that apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These changes are not expected to result in costs or savings to persons other than businesses or local governments other than as described above for LHDs. COMPLIANCE COSTS FOR AFFECTED PERSONS: These rule changes should not result in compliance costs for any persons with the possible exception of a LHD or a county that operates a LHD. The Department believes that any costs for a LHD to comply should be minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments update requirements for counties withdrawing from multi-district LHDs. Withdrawing counties must show that they can meet LHD minimum performance standards, including employment of key personnel through county revenue. There is no fiscal impact on existing business of LHDs except for those counties withdrawing from multi-county LHDs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tamara Hampton by phone at 801-538-6622, by FAX at 801-538-6306, or by Internet E-mail at thampton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42863.htm No. 42852 (Amendment): R380-50. Local Health Department Funding Allocation Formula. SUMMARY OF THE RULE OR CHANGE: Definitions were updated to include "Multi- County Factor"; further define "Funds"; include "Multi-County Health department"; and "Participating local health department". These changes also removed "Contract"; "Rural Community"; and "Total Poverty Population" definitions. Section R380-50-3-2 was changed to no longer provide a specified dollar amount for each LHD. The Department of Health (Department) adopts a formula pursuant to Section 26A-1-116 for reallocating any increases or decreases to LHDs. In Subsection R380-50-3-2(a), there will be a minimum share divided into equal parts. In Subsection R380-50-3-2(b), a population factor will be utilized according to the most current estimate from the Governor's Office of Management and Budget. In Subsection R380-50-3-2(c), Multi-County Factor is expanded upon. In Subsection R380-50-3-2(d), the Department requirements if the formula needs to be altered; and in Subsection R380-50-3-2(e), Governance Committee right in the cases where total program funding exceeds $500,000. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes in the rule are not expected to result in any new costs or savings to the state budget. - LOCAL GOVERNMENTS: These changes in the rule are not expected to result in any new costs or savings to local governments, with the exception if any county withdraws from a multi-district LHD. - SMALL BUSINESSES: These changes are not expected to result in any costs or savings to small businesses because this rule does not contain provisions that apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These changes are not expected to result in any costs or savings to businesses, individuals, or local governments other than as described above for LHDs. COMPLIANCE COSTS FOR AFFECTED PERSONS: These rule changes should not result in compliance costs for any persons with the possible exception of a LHD or a county that operates a LHD. The Department believes that any costs for a LHD to comply should be minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These amendments propose a significant change to the procedures for the allocation of funds to LHDs including a provision addressing instances when a county withdraws from a multi-county LHD. There is no fiscal impact on businesses. The regulatory impact for this rule cannot be estimated, as the funding is contingent on the state budget and allocation from the state legislature and Executive Appropriations Committee. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tamara Hampton by phone at 801-538-6622, by FAX at 801-538-6306, or by Internet E-mail at thampton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42852.htm DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 42870 (New Rule): R384-324. Tobacco Retailer Permit Process. SUMMARY OF THE RULE OR CHANGE: This proposed rule creates the process local health departments (LHDs) will use to issue permits to general tobacco retailers, as well as retail tobacco specialty businesses that wish to sell, market, or distribute tobacco products in the state of Utah. This process includes submitting an application with all pertinent business information and paying a permitting fee. Permits must be renewed every two years for general tobacco retailers and yearly for retail tobacco specialty businesses. Any retail tobacco specialty business that is applying for a permit for the first time, or a general tobacco retailer that has changed their business model to be a retail tobacco specialty business, must complete a plan review to accompany their application certifying that they meet the zoning requirements in place for a retail tobacco specialty business. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the state budget associated with this rule. - LOCAL GOVERNMENTS: There will be costs to local governments associated with this rule. Currently, LHDs do not permit general tobacco retailers or retail tobacco specialty businesses. There will be costs to LHDs to create the infrastructure necessary to issues permits and process payments. There will also be staff time associated with issuing permits, as well as review plan reviews submitted by retail tobacco specialty businesses. LHDs will collect nominal fees associated with the permit and the plan review which will help offset some of their costs. The state Department of Health (Department) does not expect that there will be a cost savings to local governments as a result of this rule as revenue generated from the permit fee will not offset the costs of enforcing the permit. It is estimated that LHDs will collect approximately $92,940 in fees in FY19 and approximately $3,060 in fees in FY20. FY19: These numbers are approximates based off of the following math: 1,630 General Tobacco Retailers x $30 permit fee in FY19 = $50,100. 153 Retail Tobacco Specialty Stores x $30 permit fee + a $250 plan review fee (153 x 250 = $38,250) = $42,840. Together it totals: $50,100 + $42,840 = $92,940. FY20: It is estimated that in FY20 LHDs will collect approximately $3,060 in fees. These numbers are approximates and based off of the following math: 1,603 General Tobacco Retailers x $0 = $0. 153 Retail Tobacco Specialty Stores x $20= $3,060. Together it totals: $0 + $3,060= $3,060. Because the LHDs vary so widely in their staffing resources, current infrastructure to issue permits and collect payments, etc., the cost to local governments from this rule is inestimable. It is unknown what infrastructure will need to be in place for each LHD to carry out their permitting processes. It is also unknown how much staff time and which staff will be overseeing this process, so the data to calculate exact costs is not available. The Department estimates there will be a cost savings to local municipalities that no longer have to issue permits to retail tobacco specialty businesses and municipalities that are no longer required to enforce zoning laws for retail tobacco specialty businesses. - SMALL BUSINESSES: The Department anticipates that there will be a cost to small businesses that are classified as retail tobacco specialty businesses. Currently, retail tobacco specialty businesses pay a $30 license renewal fee to the Utah State Tax Commission every 3 years for a license that allows them to sell tobacco in the state of Utah. They will still be required to obtain that license but it will no longer have a fee associated with it so this number ($1,020) has been subtracted from their total cost increase. Instead, they will be required to pay a one-time $250 plan review fee, a $30 permit fee for their original permit, and a $20 renewal fee to the LHD in which their business is located. The Department estimates the increase in costs to be approximately $41,820 for the first year and $3,060 per year every year after that. The Department anticipates that there will be a cost to general tobacco retailers of approximately $38,966 the first year and $33,400 every other year after that. Currently, every 3 years general tobacco retailers are required to pay a $30 license renewal fee to the Utah State Tax Commission for a license that allows them to sell tobacco in the state of Utah. They will still be required to obtain a license from the Tax Commission but it will no longer have a fee associated with it so this number ($11,133.33) has been subtracted from their total cost increase. Instead, they will be required to pay a $30 permit fee for their original permit and a $20 renewal fee every 2 years to the LHD in which their business is located. The Department estimates the increase in costs to be approximately $38,966.67 for the first year and $0 the year after that because they only renew their permit every other year. - 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. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department anticipates that the cost of compliance for a general tobacco retailer will be $30 for their initial permit and then $20 every 2 years to renew their permit. There are 1,670 general tobacco retailers for a total compliance cost of $33,400 every other year. The cost of compliance for a retail tobacco specialty business will be $30 annually for their permit, plus $250 for a one-time plan review fee. There are 153 retail tobacco specialty businesses for a total compliance cost of $3,060 every year. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule establishes the permitting process by which LHDs will issue permits to general tobacco retailers and retail tobacco specialty businesses for the sale, marketing, and distribution of tobacco products. A general tobacco retailer will renew its permit every two years and a retail tobacco specialty business will renew its permit every year. Depending on the type of small business, the Department anticipates costs to small businesses ranging from $38,966 and $41,820 for the first year and between $3,060 and $33,400 for the second year. There will be a cost to small businesses classified as retail tobacco specialty business. The renewal fee for the current license, which is paid to the State Tax Commission, is $30 every 3 years. Permit holders will be required to maintain this license which will have no fee but also will be required to pay a one-time $250 plan review fee, a $30 permit fee for the original permit, and a $30 renewal fee to the LHD. General tobacco retailers currently pay $30 for a license renewal to the State Tax Commission. They will be required to maintain the license, without cost, but will be required to pay a $30 permit fee for the original permit, and $20 renewal fee every two years to the LHD. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Karlee Adams by phone at 801-538-6992, or by Internet E-mail at karleeadams@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42870.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42871 (Amendment): R414-42. Telemedicine. SUMMARY OF THE RULE OR CHANGE: These amendments include telepsychiatric consultations as a covered Medicaid service. It also includes a definition of "telepsychiatric consultation", and clarifies the authority under which patient records are to remain confidential. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is a total annual cost of about $12,500 to the state budget to implement telepsychiatric consultations. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide telemedicine services to Medicaid members. - SMALL BUSINESSES: About 10 psychiatric providers may see a portion of $12,500 in annual revenue with the implementation of telepsychiatric consultations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Some providers of telepsychiatric consultations may see a portion of $12,500 in revenue with the implementation of telepsychiatric consultations. Medicaid members may also see a portion of $12,500 in out-of- pocket savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because these changes can only create individual savings or business revenue. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Small businesses and individual providers may see a portion of $12,500 in annual revenue as a result of these changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42871.htm No. 42851 (Amendment): R414-401-3. Assessment. SUMMARY OF THE RULE OR CHANGE: In Subsection R414-401-3(2), every nursing facility is assessed at the uniform rate of $23.04 per patient day, which is an increase from the previous $20.98 per patient day assessment, based upon projected days. In Subsection R414-401-3(2), ICFs/ID are assessed at the uniform rate of $9.71 per patient day, which is an increase from the previous $8.36 per patient day assessment, based upon projected days. These updates are based on estimates of patient days for SFY 2019 and the appropriation amounts. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These updates to the assessment rates are anticipated to be budget neutral for state general funds as it updates the collection rate based on projected days in SFY 2019 and the appropriation amount. - LOCAL GOVERNMENTS: Inasmuch as swing beds are variable, it is not possible to determine the cost or savings to local hospital and swing bed facilities because there are neither sufficient nor cost effective data to make this type of determination. - SMALL BUSINESSES: Small business nursing facilities will be charged an assessment of $2,251,500 in SFY 2019, and will receive a portion of $5,216,200 in federal matching funds to elevate services, upgrade facilities, and improve overall living conditions for Medicaid patients. In conjunction with a capital improvement incentive, ICFs/ID will be charged a one-time assessment of $291,000 in SFY 2019, and will receive a portion of $1,475,200 in federal funds to improve facility conditions that support an individual's right to privacy and autonomy. Both nursing facilities and ICFs/ID will see ongoing revenue, but there are neither sufficient nor cost effective data to estimate an amount. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Nursing facilities will be charged an assessment of $2,251,500 in SFY 2019, and will receive a portion of $5,216,200 in federal matching funds to elevate services, upgrade facilities, and improve overall living conditions for Medicaid patients. In conjunction with a capital improvement incentive, ICFs/ID will be charged a one-time assessment of about $291,000 in SFY 2019, and will receive a portion of $1,475,200 in federal funds to improve facility conditions that support an individual's right to privacy and autonomy. Both nursing facilities and ICFs/ID will see ongoing revenue, but there are neither sufficient nor cost effective data to estimate an amount. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single nursing facility will be charged an assessment based on a total charge of $2,251,500 in SFY 2019, and will receive a portion of $5,216,200 in federal matching funds to elevate services, upgrade facilities, and improve overall living conditions for Medicaid patients. In conjunction with a capital improvement incentive, a single ICF/ID will be charged a one-time assessment based on a total charge of $291,000 in SFY 2019, and will receive a portion of $1,475,200 in federal funds to improve facility conditions that support an individual's right to privacy and autonomy. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Nursing facilities and ICFs/ID will be charged assessments that total about $2,542,500. These charges, however, will be matched by federal funds that total about $6,691,400 to improve the overall living conditions of Medicaid patients in these facilities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42851.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 42826 (Amendment): R426-8. Emergency Medical Services Ground Ambulance Rates and Charges. SUMMARY OF THE RULE OR CHANGE: Fiscal Reporting Guides (FRGs) are financial and statistical data collected from all EMS agencies statewide. The data collected showed emergency medical services (EMS) rates need to be increased at 3.5% so agencies statewide will have closer revenues matching expenses. Rule R426-8 needs to be amended to reflect these ground ambulance transport rate changes. Rates should be made effective on 07/01/2018 to coincide with Medicaid payment adjustments for the fiscal year. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: State budget will not be impacted as this is a user fee. - LOCAL GOVERNMENTS: Local governments will be slightly impacted. The rates listed in this rule change are increased 3.5%. The licensed ambulance provider billing will increase base rates in order to offset lost collections, wages increases, and the increased equipment costs. A total benefit of $1,667,930 is anticipated for 2018. - SMALL BUSINESSES: There is one small business that is a licensed ambulance provider. This proposed amendment will increase the fiscal benefit by an estimated $12,070 the first year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are 6 non-small businesses that are licensed ambulance providers in Utah. These businesses account for an estimated 40% of the total billable ambulance patient transports per year based on reported patient transports. At the average price increase per patient transport of $40, these businesses are expected to receive $1,120,000 in increased revenues for 2018. COMPLIANCE COSTS FOR AFFECTED PERSONS: The total fiscal costs to other persons was an estimate based on anticipated billable ambulance patient transports using prior year numbers of 70,000 transports multiplied by the average increase of $40 per transport. The average increase is based on a fiscal analysis conducted by the Department. The fiscal analysis demonstrated a need for a 3.5% maximum base rate increase. Data was based on patient care reports submitted to the Department by the licensed ambulance providers. The other persons are the patients who may need an ambulance transport. Subsequent years (2019 and 2020) were projected as an estimate of growth in numbers of patient needing transports. The total anticipated cost for affected persons is $2,800,000 for 2018, $2,850,000 for 2019, and $2,900,000 for 2020. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Data collected from all state EMS agencies and reported in the FRGs indicates that EMS rates should be increased 3.5% so the agencies revenues will match expenses. This proposed amendment reflects the ground ambulance transport rate changes effective 07/01/2018. Licensed EMS businesses will see an increase in revenue in order to offset increased expenses as indicated in EMS FRGs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42826.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 42810 (Amendment): R477-1. Definitions. SUMMARY OF THE RULE OR CHANGE: These changes correct a grammatical error in Subsection R477-1-1(84) and revises Subsection R477-1-1(109) to move information relating to how structure adjustments occur out of Rule R477-1 and into Sections R477-6-2 and R477-6-3. (EDITOR;S NOTE: The proposed amendment to Rule R477-6 in under Filing No. 42814 in this issue, May 15, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42810.htm No. 42811 (Amendment): R477-2. Administration. SUMMARY OF THE RULE OR CHANGE: These changes modify Section R477-2-8 to add a household member to the list of associated persons whom a state officer may not appoint, directly supervise, etc. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only effects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42811.htm No. 42812 (Amendment): R477-4. Filling Positions. SUMMARY OF THE RULE OR CHANGE: The changes revise Subsection R477-4-2(4), revise Subsection R477-4-2(6), revise Section R477-4-7, eliminate the first line of Section R477-4-13, clarify Subsection R477-4-13(6), create Section R477-4-15, and renumber the former Section R477-4-15 to Section R477-4-16. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42812.htm No. 42813 (Amendment): R477-5. Employee Status and Probation. SUMMARY OF THE RULE OR CHANGE: These changes eliminate military leave from Subsection R477-5-2(2)(a) to comply with federal regulations and revise Subsection R477-5-2(4) for clarity regarding probation and career mobility assignments. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42813.htm No. 42814 (Amendment): R477-6. Compensation. SUMMARY OF THE RULE OR CHANGE: These changes revise Subsections R477-6- 2(2)(b) and R477-6-3(2)(b) for clarity, correct a rule language error at Subsection R477-6-2(3), correct a numbering error at Subsection R477-6-6(3), revise Subsection R477-6-6(10), revise Subsection R477-6-7(4) for clarity, and revise Section R477-6-11. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42814.htm No. 42815 (Amendment): R477-7. Leave. SUMMARY OF THE RULE OR CHANGE: These changes add Subsection R477-7-1(6) regarding minimum leave balances and renumber subsequent sections, add clarifying language in Subsection R477-7-3(1), revise punctuation in Subsection R477-7-4(2) to be consistent with federal regulations, revise Subsection R477-7-6(3) to clearly delineate between program II and III sick leave, revise Subsection R477-7-6(5)(vii) to comply with state code, correct a date in Subsection R477-7-6(7), correct a grammar error in Subsection R477- 7-7(1)(b)(ii), add clarifying language and correct a grammatical error in Section R477-7-10, add clarifying language and correct a grammatical error in Subsection R477-7-11(1), correct grammar errors in Subsections R477-7-15(2) and R477-7-15(5), and revise Subsection R477-7-15(12) to comply with federal regulations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42815.htm No. 42816 (Amendment): R477-8. Working Conditions. SUMMARY OF THE RULE OR CHANGE: These changes eliminate Subsection R477-8- 6(1)(e), correct grammar errors in Subsections R477-8-10 and R477-8-12, add clarifying language to Section R477-8-12, correct a reference to another rule in Subsection R477-8-17(1), correct a grammatical error in Section R477-8-18, add Section R477-8-21 to enact provisions of H.B. 288 from the 2018 General Session, and renumber Section R477-8-22 due to the addition of Section R477- 8-21. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies only apply to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42816.htm No. 42817 (Amendment): R477-9. Employee Conduct. SUMMARY OF THE RULE OR CHANGE: These changes correct grammatical errors in Subsections R477-9-1(3) and R477-9-4(7) and add Subsection R477-9-4(6) to enact the Governor's Executive Order of 03/05/2018 (Utah Exec Order No. 2018- 1). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42817.htm No. 42818 (Amendment): R477-10. Employee Development. SUMMARY OF THE RULE OR CHANGE: The change adds Subsection R477-10-4(6) to enact provisions of H.B. 179 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment is not expected to have any fiscal impact on state government revenues or expenditures because this change is administrative in nature and does not impact budgets. - LOCAL GOVERNMENTS: This amendment is not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: This amendment is not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment is not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for this amendment. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42818.htm No. 42819 (Amendment): R477-11. Discipline. SUMMARY OF THE RULE OR CHANGE: These changes revise Subsection R477-11-1(4) to clarify provisions, revise Subsection R477-11-2(1) to clarify roles, and add factors to Section R477-11-3. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to business. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42819.htm No. 42820 (Amendment): R477-12. Separations. SUMMARY OF THE RULE OR CHANGE: The changes revise Subsection R477-12-1(1) to clarify roles, revise Subsection R477-12-3(1) to remove provisions, correct language in Subsection R477-12-3(3)(b)(i), and revise Subsection R477-12-3(5) to be more consistent with state code. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies only apply to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to business. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42820.htm No. 42821 (Amendment): R477-16. Abusive Conduct Prevention. SUMMARY OF THE RULE OR CHANGE: These changes clarify Section R477-16-1 to be more in line with statute and add provisions to Sections R477-16-3 and R477- 16-4 to enact provisions of H.B. 383 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42821.htm No. 42822 (Amendment): R477-101. Administrative Law Judge Conduct Committee. SUMMARY OF THE RULE OR CHANGE: These changes remove a provision from Section R477-101-8, correct a grammatical error in Section R477-101-9, revise language in Sections R477-101-16 and R477-101-17, and add a reference to Section R477-4-15 in Section R477-101-19. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other persons because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/07/2018 11:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42822.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 42862 (Amendment): R501-12. Foster Care Services. SUMMARY OF THE RULE OR CHANGE: These amendments are to implement clarifying language, particularly within Subsection R501-12-5(7)(i). These changes better clarify statutory intent for who capacity exceptions apply to. It also adds an "or" as originally intended, but omitted from the original rule filing to Subsection R501-12-4(4)(c)(i). The lack of the word "or" was causing a great deal of frustration and confusion for providers. The definition of "child" is clarified to align with the current practice that allows the Division of Child and Family Services (DCFS) initiated placements into foster homes for children no longer in custody (for example adopted children in need of respite care). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are purely for clarifying purposes. These changes will not alter the work for any state entity. - LOCAL GOVERNMENTS: Local governments are not affected by the rules governing foster homes. - SMALL BUSINESSES: Since these changes are centered around language clarifications, there is no impact to any small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No other entities will be affected by these changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: No person will bear a compliance cost. The compliance is within the Department of Human Services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these rule changes will result in no or very minimal financial impact for small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Samantha Hanson by phone at 801-538-4041, or by Internet E-mail at samanthahanson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42862.htm CHILD AND FAMILY SERVICES No. 42829 (New Rule): R512-76. Expungement of DCFS Allegations. SUMMARY OF THE RULE OR CHANGE: This new rule is being implemented in accordance with S.B. 266 (2017) to define the criteria for the expungement of an allegation associated with an individual who is identified as a perpetrator or alleged perpetrator in the Management Information System (MIS) and the Licensing Information System (LIS). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impacts on state government revenues or expenditures. The original enactment of this statute in the 2017 General Session came with a fiscal note of $840,900 ($748,500 General Fund and $92,400 federal funds) in FY 2018, and $79,500 ($70,800 General Fund and $8,700 federal funds) annually beginning in FY 2019 to expunge alleged perpetrators from supported and unsupported reports of child abuse or neglect, based on criteria determined by the Division of Child and Family Services (DCFS). Costs in FY 2018 include computer programming to modify DCFS’s two information systems and assume approximately 1,100 requests for expungement; costs in subsequent years assume approximately 550 requests for expungement annually, which represents 2.6% of the alleged perpetrators documented in reports each year. This funding was approved by the legislature and is included in the state budget. This rule does not increase any costs not already considered by the legislature in their allocation. - LOCAL GOVERNMENTS: There is little to no impact on local governments due to this rule. This rule creates a method that could possibly reduce costs for local governments if they administrate an entity (school district, count, etc.) that performs background checks that include a query of DCFS' child abuse and/or neglect database. Theoretically, this expungement process will result in fewer potential employees with findings on said database, which means reduced processing time for local government staff and fewer barriers to the hiring of an individual. DCFS cannot quantify how many individuals that may be affected by this rule would also be involved in such background screenings, thus no savings are being projected. There are no anticipated increased costs. - SMALL BUSINESSES: There is little to no impact on small businesses due to this rule. This rule creates a method that could possibly reduce costs for small businesses if they perform background checks through the Department of Human Services that include a query of DCFS' child abuse and/or neglect database. Theoretically, this expungement process will result in fewer potential employees with findings on said database, which means reduced processing time for small businesses and fewer barriers to the hiring of an individual. DCFS cannot quantify how many individuals, that may be affected by this rule, would also be involved in such background screenings, thus no savings are being projected. There are no anticipated increased costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is little to no impact on other persons due to this rule. This rule creates a method that could possibly reduce costs for other persons if findings on the DCFS database, that will now qualify for expungement, had previously been creating costs for individuals, such as costs related to employment barriers, custodial disputes, retaining legal counsel, etc. DCFS cannot quantify the potential savings enjoyed by such individuals, thus no savings are being projected. There are no anticipated increased costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing this rule because this rule is not fiscal in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses because this rule implements an internal procedure for sealing DCFS records that is expected to have no costs for businesses and only minimal, unquantifiable potential savings. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Diane Moore by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42829.htm PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 42808 (Amendment): R722-310. Regulation of Bail Bond Recovery and Enforcement Agents. SUMMARY OF THE RULE OR CHANGE: BCI will no longer provide four of the eight hours of required training to a first time license renewal applicant. The training will be provided by outside entities that are currently providing the additional four hours of training for a first time renewal and the full eight hours of training for a subsequent renewal. A "bail bond agency" does not receive a license from BCI to exist, thus the reference to licensure of a "bail bond agency" will be removed from this rule. The requirement for an application packet to be submitted seven days prior to a regularly scheduled board meeting has been removed, so an application packet may be submitted to BCI up until the day prior to a regularly scheduled board meeting. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: BCI was required to provide four of the eight hours of continuing education for a first time license renewal, and charged an applicant a $10 fee to attend the training. There were four first time renewal applicants who attended the training in 2017. All subsequent renewal applicants obtain the full eight hours of continuing education from an outside source, not from BCI. This change will result in an anticipated loss of $40 in revenue per year. (4 first time renewal applicants x $10 = $40 per year.) - LOCAL GOVERNMENTS: This rule applies to the four hour portion of continuing classroom instruction for license renewals, which was previously provided by BCI and will now be provided in its entirety by other outside sources, which are private businesses; therefore, there is no aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: This rule applies to the four hour portion of continuing classroom instruction for license renewals, which was previously provided by BCI and will now be provided in its entirety by other outside sources, which are private businesses. It is estimated that 70% of businesses that provide training are small businesses. There were four first time renewal applicants who attended the training in 2017. All subsequent renewal applicants currently obtain the full eight hours of continuing education from an outside source, not from BCI. It is estimated that a small business that will provide training for these purposes may charge an individual up to $400 to attend the training. This change could potentially result in an anticipated increase in revenue of $1,120 per year. (4 first time renewal applicants x $400 = $4,000 x 70% = $1,120 per year.) - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule addresses licensing requirements for the purpose of obtaining a "bounty hunter" license in order to recover or enforce a bond. Applicants for a first time license renewal were previously required to attend four of the eight hours of required continuing education directly from BCI at a cost of $10. Due to the fact that BCI will no longer be offering this training, a first time applicant will now be required to take the full eight hours of training from an outside source, as they are currently required for subsequent renewals. It is estimated that a business that will provide training for these purposes may charge an individual up to $400 to attend the training, which is an increase of $390. Aggregate cost impact is estimated to be approximately $1,560. (4 first time applicants x $390 = $1,560) COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected by this rule change will be required to pay up to an additional $390 for continuing education for a first time license renewal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is anticipated that both small and non-small businesses may experience and increase in revenue as a result of the rule change. Approximately four first time applicants per year will now be required to attend an additional four hours of training from a training business rather than directly from BCI. It is anticipated that training businesses may charge an individual up to $400 to attend the additional training hours. It is estimated that 70% of the businesses that may provide training are small businesses, and 30% are non-small businesses. It is anticipated that a small business may see an increase in revenue of approximately $1,120 per year, and a non-small business may see an increase in revenue of approximately $480 per year. The above analysis and summary reflects the Department of Public Safety's best estimate regarding the impact the rule change will have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42808.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42850 (Amendment): R746-8. Utah Universal Public Telecommunications Service Support Fund (UUSF). SUMMARY OF THE RULE OR CHANGE: This amendment streamlines the compliance process for some telecommunications providers by enacting provisions that exempt a provider who provides an access line that receives a federal Lifeline subsidy from collecting and remitting a state UUSF surcharge for that line, and allowing that if the access line also receives a state Lifeline subsidy, the surcharge will be deducted from the state Lifeline subsidy. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment will require some additional work on the part of the Public Service Commission and the Division of Public Utilities to calculate the appropriate state Lifeline subsidy for affected providers, but these calculations should be able to be accomplished within existing budgets and workloads. - LOCAL GOVERNMENTS: Local governments do not provide any telecommunications service that is impacted by this amendment, and do not play any role in administering the amendment. Therefore, the amendment will have no impact on local governments. - SMALL BUSINESSES: This amendment may streamline compliance obligations for any small business that provides a telephone service that is eligible for both federal and state Lifeline subsidies. Any anticipated savings due to that streamlined obligation is not measurable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment may streamline compliance obligations for a person who provides a telephone service that is eligible for both federal and state Lifeline subsidies. Any anticipated savings due to that streamlined obligation is not measurable. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment may streamline compliance obligations for a person who provides a telephone service that is eligible for both federal and state Lifeline subsidies. Any anticipated savings due to that streamlined obligation is not measurable. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment streamlines compliance obligations for any provider of a telecommunications service who is eligible for both state and federal Lifeline subsidies. The amendment should provide marginal but unmeasurable compliance cost savings to those providers. For those reasons, there will be no compliance cost to affected persons. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42850.htm REGENTS (BOARD OF) ADMINISTRATION No. 42860 (Amendment): R765-611. Veterans Tuition Gap Program. SUMMARY OF THE RULE OR CHANGE: S.B. 35 (2017) permits the VeT Gap Program to be available for any veteran as defined by Section 68-3-12.5, not just those identified as Chapter 33 - Post 9/11 veterans for the Veterans Administration educational benefit program, and who is a Utah resident. VeT Gap funds may also be available for students who may not have had any eligibility for federal educational benefits. Furthermore, S.B. 35 (2017) limits program funds to be utilized at public or a private, nonprofit, postsecondary institution located in Utah that is accredited by a recognized accrediting organization recognized by the United States Department of Education. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget sets an annual funding level of $125,000 for this program. These rule changes do not require adjustments to the state budget, nor is there anticipated savings or additional costs to the state budget. - LOCAL GOVERNMENTS: There are no associated costs nor savings to local governments due to these proposed changes. - SMALL BUSINESSES: There are no costs nor savings to any small businesses as a result of these proposed changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs to any individual as a result of these rule changes. These changes do enlarge the potential pool of individuals who may benefit from the Veterans Tuition Gap Program as this change opens the program to all veterans regardless of the specific Veterans Administration educational benefit program for which they may qualify. Therefore, a potential savings in the form of tuition assistance may apply to qualifying veterans. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any individual. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no comments from the department head on the fiscal aspect this rule may have on businesses since this program is limited to tuition assistance for students attending a private nonprofit or public institutions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42860.htm TAX COMMISSION ADMINISTRATION No. 42823 (Amendment): R861-1A-31. Declaratory Orders Pursuant to Utah Code Ann. Section 63G-4-503. SUMMARY OF THE RULE OR CHANGE: This proposed amendment deletes language that indicated when a party with standing may petition for a declaratory order since Section 63G-4-503 provides the criteria for petitioning a declaratory order. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This proposed amendment deletes language that may be construed to narrow the statutory criteria for petitioning for a declaratory order. - LOCAL GOVERNMENTS: None--This proposed amendment deletes language that may be construed to narrow the statutory criteria for petitioning for a declaratory order. - SMALL BUSINESSES: None--This proposed amendment deletes language that may be construed to narrow the statutory criteria for petitioning for a declaratory order. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This proposed amendment deletes language that may be construed to narrow the statutory criteria for petitioning for a declaratory order. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This proposed amendment deletes language that may be construed to narrow the statutory criteria for petitioning for a declaratory order. 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 on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42823.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 42853 (Amendment): R986-200-236. Earned Income. SUMMARY OF THE RULE OR CHANGE: The Department of Workforce Services (Department) is authorized by statute (Section 35A-3-301 et seq.) to administer the Family Employment Program (FEP), a cash assistance program for needy families that is funded via the federal Temporary Assistance for Needy Families (TANF) Block Grant, see 42 U.S.C. 601 et seq. The purposes of the TANF Block Grant include to "provide assistance to needy families" and to "end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage", see 42 U.S.C. 601. The Utah Legislature has likewise authorized FEP to "assist a parent recipient to obtain employment that is sufficient to sustain a family", "ensure the dignity of those receiving assistance", and "strengthen families", see Section 35A-3- 301. The Department is specifically authorized to make rules governing eligibility for FEP assistance under Section 35A-3-302. Eligibility for FEP assistance is determined by, among other factors, the amount of earned income a household receives; if the household's earned income exceeds a certain amount, the household loses its eligibility for FEP assistance. Currently, income earned by dependent children is always counted as earned income for the household. The Department has found that, in some cases, this facet of FEP has created a perverse incentive for dependent children who are able to work and earn income to refrain from doing so lest they cause their family income to exceed the eligibility threshold. Because it is contrary to the purposes of the TANF Block Grant and FEP to disincentivize work by persons who are able to work, the Department has determined it is necessary to modify the standards for how income earned by dependent children is counted. The proposed rule creates an exception for the counting of a dependent child's earned income against the household if the child is participating in the employment or training activities required by the Department as a condition of receiving FEP funds. "Training activities" is a broad term that includes full-time schooling as well as other educational and training activities. This proposed rule change is expected to encourage dependent children who wish to work while attending school to do so without fear of affecting their families' assistance case. In addition, numerous studies have shown the value of holding a job for teenagers in terms of teaching important life skills like workplace norms and expectations, effective time management, motivation to pursue long-term employment goals, and persistence. The Department believes this proposed rule change will contribute to helping dependent children learn these skills and ultimately progress toward the Department's and state's goal of ending the cycle of intergenerational poverty. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: At the outset it should be noted that the costs and savings described in this section are applied to the TANF funds the Department receives from the federal government and do not require any independent appropriations from the Legislature. The Department has analyzed FEP case closures from fiscal years 2015, 2016, and 2017 and identified 73 cases in which a dependent child in the household reported earned income and the case closed due to the household's earned income exceeding the eligibility threshold. It is likely that not all of these closures can be attributed the earned income of a dependent child specifically; however, for the purpose of this analysis the Department assumes that the dependent child's earned income was a factor that caused the household's earned income to exceed the eligibility threshold. Based on this analysis, the Department expects that this proposed rule change will affect approximately 25 households per year by allowing them to receive FEP assistance they would not have received previously. Although monthly benefit amounts vary from one household to the next, the average monthly benefit amount for the 73 cases identified by the Department is approximately $523. Based on this information, the Department anticipates paying out approximately $12,700 in additional FEP assistance per month once this proposed rule change goes into effect. The annual cost is expected to be approximately $153,000 per year. - LOCAL GOVERNMENTS: This proposed rule change is not expected to impact local governments because FEP is a state-level program that does not rely on local governments for its funding, administration, or enforcement. - SMALL BUSINESSES: The Department anticipates that this proposed rule change will create a savings for small businesses by allowing them to retain employees who might otherwise be forced to choose between quitting their employment or causing their households to become ineligible for FEP assistance. Thus, this proposed rule change is expected to reduce the indirect fiscal costs to small businesses, although this savings is inestimable in light of the attenuated nature of the impact on small businesses. The Department has considered whether this proposed rule change will have a measurable negative fiscal impact on small businesses and has determined that this proposed rule change will not have a negative fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule change is anticipated to create a savings for FEP-eligible households by allowing them to maintain their eligibility even if a dependent child is employed under certain circumstances. The Department has analyzed FEP case closures from fiscal years 2015, 2016, and 2017, and identified 73 cases in which a dependent child in the household reported earned income and the case closed due to the household's earned income exceeding the eligibility threshold. It is likely that not all of these closures can be attributed the earned income of a dependent child specifically; however, for the purpose of this analysis, the Department assumes that the dependent child's earned income was a factor that caused the household's earned income to exceed the eligibility threshold. Based on this analysis, the Department expects that this proposed rule change will affect approximately 25 households per year by allowing them to receive FEP assistance they would not have received previously. Although monthly benefit amounts vary from one household to the next, the average monthly benefit amount for the 73 cases identified by the Department is approximately $523. Based on this information, the Department expects approximately 25 affected households to receive approximately $6,300 each per year in additional FEP assistance, making an aggregate disbursement of approximately $153,000 per year. These amounts constitute savings to the affected households under this proposed rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are expected for any affected persons because this proposed rule change does not change any compliance or reporting requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule change is expected to have a positive fiscal impact on businesses by allowing them to retain employees who might otherwise be forced to choose between quitting their employment or causing their households to become ineligible for FEP assistance. The number of businesses receiving this benefit is inestimable at this time because the Department does not have information regarding the specific employers that may be affected. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/25/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42853.htm No. 42855 (Amendment): R986-700. Child Care Assistance. SUMMARY OF THE RULE OR CHANGE: The federal government provides funding for child care assistance under the Child Care and Development Block Grant Act, 42 U.S.C. 9801 et seq. These funds are held by the Child Care and Development Fund (CCDF), and access to those funds by the states is controlled by federal CCDF regulations found in 45 CFR Part 98. Recent amendments to those regulations became effective in November 2016 and required a variety of changes to the state rules and procedures promulgated by the Department of Workforce Services (DWS), Office of Child Care, which administers the state child care subsidy program under the authority of Sections 35A-3-310 and 35A-3-310.5, see Child Care and Development Fund (CCDF) Program, 81 FR 67438 (09/30/2016). Specifically, the CCDF changes provide that a parent receiving a child care subsidy payment is subject to a periodic review of the household's eligibility once initial eligibility has been determined. An increase in household income prior to the end of the review period will no longer reduce or eliminate the household's eligibility for subsidy unless the income change pushes the household over the specified gross monthly income threshold, which is set by the federal government at 85% of the state median income. The Department will continue to act immediately on changes that increase the amount of a parent's subsidy, as well as changes based on the amounts being charged for child care by a provider (including a change in providers). In connection with these changes, certain previously reportable events, such as a parent leaving an approved training or educational program, and no longer meeting minimum work requirements, are no longer reportable except at the time of the review. Similar changes are made to the temporary change child care reporting requirements, clarifying that only persons who experience a temporary loss of employment are required to report that event to the Department in order for their child care subsidy to continue at the same level. These proposed rule changes also add a new category of temporary change, namely a child turning 13 years old during the eligibility review period. In addition, these proposed rule changes alter the job search child care requirements to bring them in line with the CCDF guidance. Specifically, these proposed rule changes delete the bar on receiving job search child care more than once in a 12-month period. The CCDF changes also put in place stringent new requirements regarding background checks for child care providers and their employees. Per the CCDF regulations, these changes are intended to apply to all providers who are or could become eligible to receive CCDF funds; therefore, these proposed rule changes clarify that it is intended to apply to all such providers, and to assess a consequence of exclusion from the approved provider list for any provider that does not comply with the background-check requirements. CCDF regulations also require background checks to be partially complete before a provider or employee may work with children while being supervised by another employee, and require the checks to be totally complete before such persons can work unsupervised. In addition, CCDF regulations require background checks to be regularly renewed and also require fingerprints for at least the initial check. In conjunction with these requirements, these proposed rule changes harmonize the Department's handling of background checks with the policies and procedures set out in the CCDF regulations, as well as those set forth by the Child Care Licensing Program within the state Department of Health, which is the entity that has statutory authority under Utah law to view, handle, and process the actual background checks. These proposed rule changes also provide that, in addition to the categorical exceptions for certain offenses that are already in rule, the Department's designee may issue a case-by-case exemption for persons who would otherwise be deemed to have failed a background check under certain circumstances, consistent with Section 35A-3-310.5. This discretion is granted as a matter of sound policy and also in connection with the equal employment opportunity guidance provided in the Federal Register in conjunction with the new CCDF regulations. These proposed rule changes also clarify the appeals process related to background checks for providers and their employees as required by the CCDF regulations and consistent with the Utah Administrative Procedures Act, Section 63G-4-101 et seq. Other aspects of these proposed rule changes are intended to streamline enforcement procedures and correct errors or ambiguities in prior versions of the rule. For example, these proposed rule amendments change the handling of provider disqualifications by making clear that a disqualification follows the facility where the incriminating conduct occurred and the principal(s) of that facility, not necessarily any other facilities that may be affiliated with the same provider. These changes are expected to alleviate the potential burden of a disqualification on parents receiving subsidy, as well as innocent facilities and their workers. These proposed rule changes also clarify that licensees are persons for whom child care subsidy will not be provided if they are caring for their own children. Similarly, these proposed rule changes clarify that a provider living in the same home as the parent is ineligible for subsidy only if the provider is providing care in the home where they live (as opposed to at a dedicated child-care facility). This standard would also apply to providers living in the same home as a non-custodial parent and providing child care for a child of that parent. These clarifications resolve ambiguities in the wording of the existing rule. These proposed rule changes also resolve an ambiguity that previously could have resulted in exceptions to the minimum work requirements being made available for two-parent households but not single- parent households. In addition, these proposed rule changes resolve ambiguities in the job search child care requirements to bring them in line with Department policy. Specifically, these proposed rule changes delete references to hours of previous employment in favor of referencing the general minimum work requirements, delete references to the three-month temporary change time frame, and clarify that the copayment for job search child care disregards only the income earned during the job search period. In addition, these proposed rule changes make a technical correction to the eight-hour reporting requirement for the absence of a child from child care to bring it in line with the intent of the rule and Department policy. Further, these proposed rule changes delete the bar on receiving job search child care if a person is separated from one of multiple jobs they hold. These proposed rule changes also remove the maximum hours requirement for child care services provided when a parent works graveyard shifts and needs time during the day to sleep. The revised standard is that the hours of care provided must not exceed the number of hours the parent worked. The remainder of the changes are technical and nonsubstantive. The Department has specific authority to make rules to implement these changes under Sections 35A-1-104, 35A-1-303, 35A-3-102, 35A-3-310, and 35A-3-310.5. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: At the outset it should be noted that the costs and savings described in this section are applied to the CCDF funds the Department receives from the federal government and do not require any independent appropriations from the Legislature. The portions of these proposed rule changes dealing with maintaining a client's eligibility until the end of the 12-month review period if the client's household income increases prior to that point will cause a cost to the state budget because clients who previously would have had their cases closed mid-review period will now remain eligible and receive subsidies until the end of the review period. The Department has determined an annual cost of approximately $1,100,000 per year for this change. The portions of these proposed rule changes dealing with maintaining a client's eligibility until the end of the 12-month review period if a child in the household reaches age 13 before the end of the review period will cause a cost to the state budget because clients who previously would have had their cases closed mid-review period will now remain eligible and receive subsidies until the end of the review period. The Department has determined an annual cost of approximately $294,000 per year for this change. The additional portions of these proposed rule changes dealing with maintaining a client's eligibility until the end of the review period -- specifically, those dealing with changes that are no longer required to be reported -- will cause a cost to the state budget because clients who previously would have had their cases closed mid-review period will now remain eligible and receive subsidies until the end of the review period. The Department has determined an annual cost of approximately $871,000 per year for this change. The portions of these proposed rule changes dealing with the extension of temporary change child care beyond three months will cause a cost to the state budget because clients who previously would have had their cases closed at the end of the three-month period may now remain eligible. The Department has determined an annual cost of approximately $102,000 per year for this change. The portions of the proposed rule dealing with the elimination of the 12-month limit on requests for job search child care will cause a cost to the state budget because clients who previously would have had their cases closed due to lack of eligibility for job search child care may now remain eligible. The Department has determined an annual cost of approximately $51,000 per year for this change. All of the above costs are mandated by federal CCDF requirements and must be incurred as conditions of continuing to receive CCDF monies for the State. The portions of these proposed rule changes dealing with the elimination of subsidies for providers living with a child's non- custodial parent will cause a savings to the state budget because clients who previously received subsidies in these situations will no longer be eligible. The Department has determined an annual savings of approximately $14,000 per year for this change. The portions of these proposed rule changes dealing with payment of subsidies to licensees caring for their own children, providers living with a parent client but providing child care elsewhere, eligibility of single parents who can prove the existence of a disability preventing them from meeting the minimum work requirements, eligibility of parents who work graveyard shifts, application of the minimum work requirements for two-parent households, job search child care in relation to permanent separations from employment, annual background checks and associated waiting periods, and clarification of appeals procedures are not expected to cause costs or savings to the state budget. This is the case because these portions of these proposed rule changes are intended to correct ambiguities in the existing rule and ensure this rule is in place with currently existing Department policy and practice; in other words, they do not constitute substantive changes that will affect the state budget. The portions of these proposed rule changes dealing with the effect of a provider disqualification are not expected to cause costs or savings to the state budget because provider disqualifications are exceedingly rare (the state has not had one since 2015) and because any effect of a provider disqualification is caused by the provider's own bad acts that led to the disqualification, not by the Department. The portions of these proposed rule changes dealing with requiring all CCDF-eligible child care providers to undergo background checks and requiring re-fingerprinting under certain circumstances are not expected to cause costs or savings to the state budget because the costs associated with this requirement are borne by child care providers, not the state. The portions of these proposed rule changes dealing with the expansion of potential opportunities for exceptions due to adverse background check findings are not expected to cause costs or savings to the state budget because the granting or denying of an exception does not impose any specific costs on the state. - LOCAL GOVERNMENTS: No costs or savings are anticipated to local governments because the child care subsidy program is a state-level program that generally does not rely on local governments for its funding, administration, or enforcement, and because any costs incurred by local governments in processing background checks are passed on to the child care provider or employee in the form of a background check fee that covers the entire cost of the background check. - SMALL BUSINESSES: Portions of these proposed rule changes are expected to affect small businesses that serve as child care providers (NAICS 624410, Child Care Services) and receive or are eligible for CCDF monies. The portions of these proposed rule changes dealing with maintaining a client's eligibility until the end of the 12-month review period if the client's household income increases prior to that point will cause a benefit to small businesses because clients who previously would have had their cases closed mid-review period will now remain eligible and receive subsidies until the end of the review period. There are approximately 1,100 providers affected by this change. Although the amount of the effect for each provider may vary greatly depending on the size of the provider and the makeup of the clients the provider serves, the average provider is expected to see a benefit of approximately $1,000 per year. The portions of these proposed rule changes dealing with maintaining a client's eligibility until the end of the 12-month review period, if a child in the household reaches age 13 before the end of the review period, will cause a benefit to small businesses because clients who previously would have had their cases closed mid-review period will now remain eligible and receive subsidies until the end of the review period. There are approximately 1,100 providers affected by this change. Although the amount of the effect for each provider may vary greatly depending on the size of the provider and the makeup of the clients the provider serves, the average provider is expected to see a benefit of approximately $270 per year. The additional portions of these proposed rule changes dealing with maintaining a client’s eligibility until the end of the review period -- specifically, those dealing with changes that are no longer required to be reported -- will cause a benefit to small businesses because clients who previously would have had their cases closed mid-review period will now remain eligible and receive subsidies until the end of the review period. There are approximately 1,100 providers affected by this change. Although the amount of the effect for each provider may vary greatly depending on the size of the provider and the makeup of the clients the provider serves, the average provider is expected to see a benefit of approximately $790 per year. The portions of the proposed rule dealing with the extension of temporary change child care beyond three months will cause a benefit to small businesses because clients who previously would have had their cases closed at the end of the three-month period may now remain eligible. There are approximately 1,100 providers affected by this change. Although the amount of the effect for each provider may vary greatly depending on the size of the provider and the makeup of the clients the provider serves, the average provider is expected to see a benefit of approximately $90 per year. The portions of these proposed rule changes dealing with the elimination of the 12-month limit on requests for job search child care will cause a benefit to small businesses because clients who previously would have had their cases closed due to lack of eligibility for job search child care may now remain eligible. Although the amount of the effect for each provider may vary greatly depending on the size of the provider and the makeup of the clients the provider serves, the average provider is expected to see a benefit of approximately $50 per year. The portions of the proposed rule dealing with the expansion of potential opportunities for exceptions due to adverse background check findings will cause a benefit to small businesses because providers that would previously have had to forego hiring or retaining an employee with an adverse background check finding may now have the possibility of receiving an exception to the finding. The amount of this benefit is inestimable because very few exceptions (less than five per year) are expected to be granted by Child Care Licensing, and because the Department does not have and cannot reasonably obtain the information necessary to calculate the monetary value to a provider of not having to discharge an employee due to an adverse background check finding. The portions of these proposed rule changes dealing with requiring all CCDF- eligible child care providers to undergo background checks and requiring re- fingerprinting under certain circumstances will cause a cost to small businesses because some providers who were not previously in compliance with these provisions will have to come into compliance. There is a one-time cost of $37 for fingerprints for each background check, as well as an annual cost of $18 for the background check itself. The Department estimates that there are 22 licensed programs that need to be brought into compliance, with an average of 14 employees per program that will need background checks. The Department estimates that there are 47 licensed family providers that need to be brought into compliance, with an average of one employee per provider that will need a background check. The Department expects there are additional providers that could be subject to these requirements, but those providers do not and have never received CCDF monies, are unknown to the Department, and are not listed in NAICS. The Department estimates one-time costs of $518 per licensed program and $37 per family provider, and annual costs of $252 per licensed program and $18 per family provider. The portions of these proposed rule changes dealing with the elimination of subsidies for providers living with a child's non-custodial parent will cause a cost to small businesses because clients who previously received subsidies in these situations will no longer be eligible. The payment of subsidy in this situation appears to be exceedingly rare, with the Department expecting 1-3 cases per year to be affected. Further, most of the affected providers are Family, Friend, and Neighbor (FFN) providers that consist of individuals providing child care on an informal basis within their home or the child’s home rather than on a commercial or business basis. On average, the Department expects an annual cost of $7,000 per year to two providers, for a total cost of $14,000 per year. The portions of these proposed rule changes dealing with payment of subsidies to licensees caring for their own children, providers living with a parent client but providing child care elsewhere, eligibility of single parents who can prove the existence of a disability preventing them from meeting the minimum work requirements, eligibility of parents who work graveyard shifts, application of the minimum work requirements for two-parent households, job search child care in relation to permanent separations from employment, annual background checks and associated waiting periods, and clarification of appeals procedures are not expected to cause costs or savings to small businesses. This is the case because these portions of these proposed rule changes are intended to correct ambiguities in the existing rule and ensure the rule is in place with currently existing Department policy and practice; in other words, they do not constitute substantive changes that will affect small businesses. The portions of the proposed rule dealing with the effect of a provider disqualification are not expected to cause costs or savings to small businesses because provider disqualifications are exceedingly rare (the state has not had one since 2015) and because any effect of a provider disqualification is caused by the provider's own bad acts that led to the disqualification, not by the Department. The portions of these proposed rule changes identified above as having a measurable negative fiscal impact on small businesses have been analyzed by the Department to determine whether the negative fiscal impact could be reduced via less stringent compliance or reporting requirements, less stringent schedules or deadlines for compliance or reporting, consolidated or simplified compliance or reporting requirements, performance standards in lieu of design or operational standards, and exemptions from portions of the proposed rule for small businesses. The Department has determined none of these options are feasible in this case because the background check requirements that impose a negative fiscal impact are federal CCDF requirements that the Department is required to impose as a condition of continuing to operate the CCDF program and receive CCDF monies, and because it would be impossible to meaningfully address the practice of providers who live with a non-custodial parent without applying the proposed rule to some small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Portions of these proposed rule changes are expected to affect parent clients that receive or are eligible for CCDF child care subsidies because the changes will affect eligibility criteria for those subsidies. The portions of these proposed rule changes dealing with maintaining a client's eligibility until the end of the 12-month review period if the client's household income increases prior to that point will cause a benefit to parent clients because clients who previously would have had their cases closed mid-review period will now remain eligible and receive subsidies until the end of the review period. The Department estimates an average of 258 clients will be affected per year. Although the amount of the effect for each parent client may vary greatly depending on household composition and other factors, the average affected client is expected to see a benefit of approximately $4,300 per year. The portions of these proposed rule changes dealing with maintaining a client's eligibility until the end of the 12-month review period, if a child in the household reaches age 13 before the end of the review period, will cause a benefit to parent clients because clients who previously would have had their cases closed mid-review period will now remain eligible and receive subsidies until the end of the review period. The Department estimates an average of 69 clients will be affected per year. Although the amount of the effect for each parent client may vary greatly depending on household composition and other factors, the average affected client is expected to see a benefit of approximately $4,300 per year. The additional portions of these proposed rule changes dealing with maintaining a client's eligibility until the end of the review period -- specifically, those dealing with changes that are no longer required to be reported -- will cause a benefit to parent clients because clients who previously would have had their cases closed mid-review period will now remain eligible and receive subsidies until the end of the review period. The Department estimates an average of 204 clients will be affected per year. Although the amount of the effect for each parent client may vary greatly depending on household composition and other factors, the average affected client is expected to see a benefit of approximately $4,300 per year. The portions of these proposed rule changes dealing with the extension of temporary change child care beyond three months will cause a benefit to parent clients because clients who previously would have had their cases closed at the end of the three-month period may now remain eligible. The Department estimates an average of 26 clients will be affected per year. Although the amount of the effect for each parent client may vary greatly depending on household composition and other factors, the average affected client is expected to see a benefit of approximately $3,900 per year. The portions of these proposed rule changes dealing with the elimination of the 12-month limit on requests for job search child care will cause a benefit to parent clients because clients who previously would have had their cases closed due to lack of eligibility for job search child care may now remain eligible. The Department estimates an average of 18 clients will be affected per year. Although the amount of the effect for each parent client may vary greatly depending on household composition and other factors, the average affected client is expected to see a benefit of approximately $2,900 per year. The portions of these proposed rule changes dealing with the expansion of potential opportunities for exceptions due to adverse background check findings will cause an indirect benefit to parent clients because providers that would previously have had to forego hiring or retaining an employee with an adverse background check finding may now have the possibility of receiving an exception to the finding, making child care more available for parent clients. The amount of this benefit is inestimable because very few exceptions (less than five per year) are expected to be granted by Child Care Licensing, and because the Department does not have and cannot reasonably obtain the information necessary to calculate the monetary value to a parent client of a provider not having to discharge an employee due to an adverse background check finding. The portions of these proposed rule changes dealing with the elimination of subsidies for providers living with a child's non-custodial parent will cause a cost to parent clients because clients who previously received subsidies in these situations will no longer be eligible. The payment of subsidy in this situation appears to be exceedingly rare, with the Department expecting 1-3 cases per year to be affected. On average, the Department expects an annual cost of $7,000 per year to two clients, for a total cost of $14,000 per year. The portions of these proposed rule changes dealing with requiring all CCDF-eligible child care providers to undergo background checks and requiring re-fingerprinting under certain circumstances are not expected to cause costs or savings to parent clients because the costs associated with these provisions are imposed on providers, not parent clients. The portions of the proposed rule dealing with payment of subsidies to licensees caring for their own children, providers living with a parent client but providing child care elsewhere, eligibility of single parents who can prove the existence of a disability preventing them from meeting the minimum work requirements, eligibility of parents who work graveyard shifts, application of the minimum work requirements for two-parent households, job search child care in relation to permanent separations from employment, annual background checks and associated waiting periods, and clarification of appeals procedures are not expected to cause costs or savings to parent clients. This is the case because these portions of these proposed rule changes are intended to correct ambiguities in the existing rule and ensure the rule is in place with currently existing Department policy and practice; in other words, they do not constitute substantive changes that will affect parent clients. The portions of these proposed rule changes dealing with the effect of a provider disqualification are not expected to cause costs or savings to parent clients because provider disqualifications are exceedingly rare (the state has not had one since 2015) and because any effect on parent clients of a provider disqualification is caused by the provider's own bad acts that led to the disqualification, not by the Department. In the event a disqualification does occur, the changes are expected to provide an indirect benefit to parent clients because the effect of a disqualification will not be as far-reaching and will not cause as much disruption to parent clients who were obtaining child care through a now-disqualified provider. COMPLIANCE COSTS FOR AFFECTED PERSONS: For child care providers not already in compliance with CCDF requirements, there is a one-time cost of $37 for fingerprints for each background check, as well as an annual cost of $18 for the background check itself. The Department estimates that there are 22 licensed programs that need to be brought into compliance, with an average of 14 employees per program that will need background checks. The Department estimates that there are 47 licensed family providers that need to be brought into compliance, with an average of one employee per provider that will need a background check. The Department expects there are additional providers that could be subject to these requirements, but those providers do not and have never received CCDF monies, are unknown to the Department, and are not listed in NAICS. The Department estimates one-time costs of $518 per licensed program and $37 per family provider, and annual costs of $252 per licensed program and $18 per family provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department believes these proposed rule changes will constitute a net benefit to the approximately 1,100 small businesses that serve as child care providers and receive or may receive CCDF funds. Those businesses will be able to gain more parent clients with CCDF eligibility and associated subsidy, as well as experience greater continuity of clientele because the eligibility of parent clients for subsidies will be more consistent. The background check portions of these proposed rule changes constitute a relatively small cost that must be imposed as a requirement of keeping the state's CCDF program in compliance with federal law. These portions of the proposed rule will not affect the 13 non-small business child care providers in the state as all of them are already required to comply with CCDF requirements. The Department expects 22 child care centers and 47 licensed family providers will need to be brought into compliance with the background check provisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/22/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42855.htm UNEMPLOYMENT INSURANCE No. 42861 (Amendment): R994-405. Ineligibility for Benefits. SUMMARY OF THE RULE OR CHANGE: Under the Federal Unemployment Tax Act (FUTA), 26 U.S.C. 3301 et seq., the United States Department of Labor (DOL) establishes an unemployment trust fund out of which states may operate unemployment insurance programs and provides certain mandates as conditions of operating a state unemployment insurance program. Section 3304(a)(6) of FUTA generally mandates that states refrain from paying unemployment compensation to educational employees during the periods between successive semesters or terms (i.e., during summer vacation or holiday breaks). FUTA contains an exception for employees who do not have "a contract or reasonable assurance" that they will continue to work for an educational institution during the subsequent semester or term. On 12/22/2016, DOL issued Unemployment Insurance Program Letter (UIPL) No. 5-17. This UIPL clarifies DOL's interpretation of Section 3304(a)(6) of FUTA as it relates to educational employees who are, or have been, employed by more than one educational employer. DOL's guidance states that a reasonable assurance of future employment does not exist for purposes of FUTA if the future employment "will not earn at least 90% of the amount that the claimant earned in the first academic year or term, or in a corresponding term." The UIPL also addresses situations in which an employee works for multiple educational employers and may have a reasonable assurance of return to one employer but not another. In these situations, states are required to determine eligibility for unemployment insurance benefits based either on: 1) only the services performed for the employer(s) that will not bring the employee back for another semester or term, or 2) the totality of the work and earnings to which the employee can return in the new semester or term. The Department has brought its policies and procedures into compliance with this UIPL. These proposed rule changes make technical changes to the unemployment rule relating to educational employees so as to reflect the Department's continued compliance with the UIPL. As these proposed rule changes reflect, "reasonable assurance" for educational employment purposes is determined by reference to the totality of the work and earnings to which the employee can return in the new semester or term. The Department has specific authority to enact these proposed rule changes pursuant to Sections 35A-1-104, 35A-4-207, 35A-4-406, and 35A-4-502. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No costs or savings to the state budget are anticipated from these proposed rule changes because these proposed rule changes merely formalize existing Department policy and procedure, and will not affect the amount of unemployment insurance benefits paid out or otherwise affect the Department's budget. - LOCAL GOVERNMENTS: No costs or savings to local governments are anticipated from these proposed rule changes because the unemployment insurance program is a state-level program that does not rely on local governments for its funding, administration, or enforcement. - SMALL BUSINESSES: No costs or savings to small businesses are anticipated from these proposed rule changes because these proposed rule changes merely formalize existing Department policy and procedure, and will not affect the amount of unemployment insurance benefits paid out or the amount of benefit costs charged to employers. The Department has considered whether these proposed rule changes will have a measurable negative fiscal impact on small businesses and has determined that these proposed rule changes will not have a negative fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No costs or savings to persons other than small businesses, businesses, or local government entities are anticipated from these proposed rule changes because these proposed rule changes merely formalize existing Department policy and procedure, and will not affect the amount of unemployment insurance benefits paid out to claimants or the amount of benefit costs charged to employers. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are expected for any affected persons because these proposed rule changes do not change any compliance or reporting requirements for either claimants or employers. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After a thorough analysis, it was determined that these proposed rule changes 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 06/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42861.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. HUMAN SERVICES ADMINISTRATION No. 42845 (Emergency Rule): R495-885. Employee Background Screenings. SUMMARY OF THE RULE OR CHANGE: This change will realign our process with current background screening statute and rule. Within Section 62A-1-118, the agency is given permission to use criteria set forth in Section 62A-2-120 for running checks upon employees; although Section 62A-2-120 is statute, the rule is specific to licensees, not employees, these changes will clarify that the agency is not applying Section 62A-2-120 to employees, rather the agency is just using the criteria and process set forth. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: As the current rule is written, it violates the scope of Sections 62A-2-120 and 62A-1-118, which govern portions of this rule. Within Section 62A-1-118, the agency is given permission to use criteria set forth in Section 62A-2-120 for running checks upon employees; although Section 62A- 2-120 is statute, the rule is specific to licensees, not employees, these changes will clarify that the agency is not applying Section 62A-2-120 to employees, rather the agency is just using the criteria and process set forth. These changes will align the agency's current process with statute until the agency can process an amendment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This emergency rule will not change the ongoing costs to the Department of Human Services (DHS) or any state entity. These rule changes will only implement compliance regarding the background screening process and have no added expenditures. - LOCAL GOVERNMENTS: Local governments are not affected by these rule changes. There is no impact to local governments. - SMALL BUSINESSES: Small businesses are not affected by these rule changes. This rule only impacts DHS. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons are not affected by these rule changes. This rule only impacts DHS. COMPLIANCE COSTS FOR AFFECTED PERSONS: No person will bear a compliance cost. This rule only impacts DHS. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this emergency amendment will not result in a fiscal impact to small or large businesses. This rule only impacts DHS. 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: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42845.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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42869 (5-year Review): R156-5a. Podiatric Physician Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under the statutory authority provided in Title 58, Chapter 5a, with respect to podiatric physicians. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements, and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. 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 EFFECTIVE: 05/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42869.htm No. 42848 (5-year Review): R156-37c. Utah Controlled Substance Precursor Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 37c, with respect to controlled substance precursors. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements, and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov EFFECTIVE: 04/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42848.htm No. 42847 (5-year Review): R156-74. Certified Court Reporters Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 74, with respect to certified court reporters. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements, and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Barkdull by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov EFFECTIVE: 04/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42847.htm PUBLIC SAFETY DRIVER LICENSE No. 42825 (5-year Review): R708-30. Motorcycle Rider Training 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 is required under Section 53-3-903, which requires the Division to make rules to establish procedures and standards to implement a novice and experienced rider training program. Additionally, this rule allows the Division to establish standards for training of motorcycle riders. This rule also includes requirements under Section 53-3-903 to establish minimum standards for motorcycle rider instructions, the application process for an instructor, and standards for administration of motorcycle skills tests, in addition to auditing procedures to maintain the integrity of the program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 04/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42825.htm NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Office of Administrative Rules (Office) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Office. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Office, the rule expires. Upon expiration of the rule, the Office files a Notice of Five-Year Expiration (Expiration) to document the action. The Office is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Office has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). EDUCATION ADMINISTRATION No. 42849 (Expired): R277-113. LEA Fiscal and Auditing Policies. SUMMARY: The five-year review and notice of continuation was not filed by the deadline so this rule has expired and been removed from the Utah Administrative Code as of 04/24/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 04/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42849.htm REGENTS (BOARD OF) ADMINISTRATION No. 42866 (Expired): R765-136. Language Proficiency in the Utah System of Higher Education. SUMMARY: The five-year review and notice of continuation was not filed by the deadline so this rule has expired and been removed from the Utah Administrative Code as of 05/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 05/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42866.htm No. 42867 (Expired): R765-254. Secure Area Hearing Rooms. SUMMARY: The five-year review and notice of continuation was not filed by the deadline so this rule has expired and been removed from the Utah Administrative Code as of 05/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 05/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42867.htm No. 42868 (Expired): R765-555. Policy on Colleges and Universities Providing Facilities, Goods and Services in Competition with Private Enterprise. SUMMARY: The five-year review and notice of continuation was not filed by the deadline so this rule has expired and been removed from the Utah Administrative Code as of 05/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 05/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42868.htm NOTICES OF LEGISLATIVE NONREAUTHORIZATION Section 63G-3-502 provides that "every agency rule that is in effect on February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized by the Legislature." To do this, the Legislature's Administrative Rules Review Committee prepares omnibus legislation each year. As part of this legislation, the Legislature may elect not to reauthorize a rule or a part of a rule down to the complete paragraph level. When this occurs, the Office of Administrative Rules files a Notice of Legislative Nonreauthorization to document the Legislature's action and removes the rule or part of a rule from the Utah Administrative Code. The list below represents administrative rules that the Legislature has elected not to reauthorize. Legislative nonreauthorization of administrative rules is governed by Section 63G-3-502. PUBLIC SAFETY DRIVER LICENSE No. 42865 (Legislative Nonreauthorization): R708-14-9. Findings, Conclusions, Recommendations and Orders. SUMMARY: S.B. 84, passed during the 2018 General Session, reauthorized all administrative rules except for Section R708-14-9. Therefore, as of 05/01/2018, Section R708-14-9 is removed from the Administrative Code. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 05/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180515/42865.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES ADMINISTRATION No. 42634 (AMD): R13-3.Americans with Disabilities Act Grievance Procedures Published: 03/15/2018 Effective: 04/23/2018 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42626 (AMD): R414-60.Medicaid Policy for Pharmacy Program Published: 03/15/2018 Effective: 05/01/2018 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 42554 (AMD): R426-1.General Definitions Published: 02/15/2018 Effective: 04/19/2018 No. 42555 (AMD): R426-2.Emergency Medical Services Provider Designations for Pre-Hospital Providers, Critical Incident Stress Management and Quality Assurance Reviews Published: 02/15/2018 Effective: 04/19/2018 No. 42556 (AMD): R426-3.Licensure Published: 02/15/2018 Effective: 04/19/2018 INSURANCE ADMINISTRATION No. 42214 (NEW): R590-276.Record Retention for Foreign, Alien, Commercially Domiciled, Foreign Title and Foreign Fraternals Published: 11/01/2017 Effective: 04/23/2018 No. 42214 (CPR): R590-276.Record Retention for Foreign, Alien, Commercially Domiciled, Foreign Title and Foreign Fraternals Published: 03/15/2018 Effective: 04/23/2018 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42632 (AMD): R746-8-403.Lifeline Support Published: 03/15/2018 Effective: 04/24/2018 TRANSPORTATION OPERATIONS, CONSTRUCTION No. 42616 (AMD): R916-4.Construction Manager/General Contractor Contracts Published: 03/15/2018 Effective: 04/23/2018 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/ . <> ----------------------------