---------------------------- Utah State Digest, Vol. 2018, No. 11 (June 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed May 2, 2018, 12:00 AM through May 15, 2018, 11:59 PM Volume 2018, No. 11 June 1, 2018 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah- state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Public Hearing on Medicaid FY 2020 Budget Recommendations - 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/2018/20180601/sn160306.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Calling the Sixty-Second Legislature Into the Eghth Extraordinary Session, Utah Proclamation No. 2018-8E - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2018/ExecDoc160302.htm Wildland Fire Management, Utah Exec. Order No. 2018-2 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2018/ExecDoc160303.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 May 2, 2018, 12:00 a.m., and May 15, 2018, 11:59 p.m. are summarized in this, the June 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the June 1, 2018, issue of the Utah State Bulletin until at least July 2, 2018 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through September 29, 2018, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. AGRICULTURE AND FOOD PLANT INDUSTRY No. 42872 (Amendment): R68-20. Utah Organic Standards. SUMMARY OF THE RULE OR CHANGE: This rule currently identifies an April 1 deadline for annual organic program registrations and has no language to allow for charging late fees for not getting application materials to the organic program manager in a timely manner. The changes move the deadline for annual registrations for the organic program earlier to February 1 each year for both the certifying agencies and producers, processors, and handlers who are being certified. The current time frame of the April 1 deadline is costly to agriculture producers, because March, the time right before the deadline, is when farmers are preparing their fields and planting and cattle producers are often moving animals from one allotment to another. January is a time of year that is less costly to producers, so the cost of doing the paperwork is lower then in March. Moving the deadline to February 1 also provides more time for the producers, processors, and handlers to update applications before the growing season, when producers have less time for paperwork and producers also have more time to make sure they are in compliance before certification inspections, which are conducted in the late spring through harvest. There have also been problems with producers and processors submitting incomplete or inaccurate application materials, then not updating the materials in a timely manner. This problem has led to inefficiencies in the organic program and producers not being able to be certified in the program in time for the growing season. One of the changes to the rule include a 120-day period for the applicant to make required changes to an application, but if the applicant does not effectively make the necessary changes, he has to submit a new application for the next year. A provision was also added to prohibit certifying agencies that fail to register by February 1 from certifying producers, handlers, and processors until the fee is paid. There is also a provision to assess a late fee to certifying agencies to encourage timely registration. There were also changes in 7 CFR Part 205.101 in October 2017 that change terms for exemptions, these updates to the rule require that those who are claiming those exemptions register with the Department. This will allow the Department to allow for exemptions, but still track the production, processing, and handling of organic products of exempted products. There are also nonsubstantive changes to this rule, including citations to new section numbers and updated CFR edition dates. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: By moving the deadline from April 1 to February 1, there will be improved efficiencies in the application process for the Department because producers will not be rushing through fixing mistakes in the applications and farm plans while trying to do their farm work. The average application takes four hours to review and reprocess when there are mistakes made. The Department estimates a 25% reduction in time spent on application review because the producers will make fewer mistakes caused by hurrying in initially completing the application and in fixing mistakes. Department staff will have more time to review the applications as well, without feeling hurried to complete them before conducting inspections, which will allow for better applications, which become farm plans. With better farm plans, there will be fewer violations and the program manager will need to write fewer letters of violation, which will allow him to focus on improving the program, allowing for more applicants to be certified, and less of tax payer money will be spent fixing problems. The Department estimates that the 25% decrease in application reviews and fixes will save the Department $4,225 (25% reduction of 65 applicants, 4 hours each at $65 per hour). Because of the variability of the violation rates from year to year, it is difficult to estimate the savings from writing fewer violations, so the Department has no benefits from decreased violations. Therefore, the Department estimates that the savings to the Department will be at least $4,225, which doesn’t include the benefits of being able to certify more applicants due to increased efficiency. - LOCAL GOVERNMENTS: There are no anticipated costs or benefits to local governments because these rule changes do not impose any new requirements or regulations on local governments. - SMALL BUSINESSES: There will be a financial benefit to the producers, handlers, and processors for adjusting the application deadline to February 1. The Department estimates that the average hourly rate for organic producers, handlers, and processors to be $45 per hour during the planting and growing season (March through October) and $0 per hour for January through February. The estimated time it takes to complete and correct mistakes in the application materials is between 5 and 20 hours for the organic program. If the Department averages the time to complete and update the application materials at 12.5 hours, the cost of applying for producers, handlers, and processors is approximately $562.50 for the April application deadline, whereas it is $0 for the February application deadline. By increasing the time that the producers have to work on their applications, which become farm plans and are inspected against the CFR, the rate of compliance of the producers will increase. This will both reduce the amount of time that inspectors will be spending on the inspections and the time that the program manager spends on writing violations, which are benefits to both the producers and the Department. Currently inspectors spend an average of 4 hours inspecting an operation per year, the Department estimate that having the improved farm plan will decrease the average inspection time by 10%, which would decrease the cost of inspections by at least $32 per inspection. The Department also anticipates that the amount of time that the producers, handlers, and processors spend on the applications on the second and later years will decrease by 25%, because the time the Department staff will have to help them improve their applications/farm plans will reduce the number of problems that will be caught in future years. Therefore, the Department estimates a savings of $594.50 for producers, handlers, and processors. Currently, there are 65 applicants, so the average savings for the industry is estimated at $38,642.50. There will be a nominal fine of up to $500 assessed to the certifying agencies for submitting late registrations and the cost of not charging certification fees during the time that they are currently not being registered. Currently, there are 10 certifying agencies registered to certify in Utah. The Department anticipates that after a year of receiving the late fees, certifying agencies will no longer submit late registrations. There will also be an indirect cost to the certifying agencies that do not register in a timely manner. During the time that they are not registered, they will be prohibited from conducting certifications, thus losing business, but this will all depend on their timeliness of registration. For the producers, handlers, and processors who are not able to update their application materials within the 120-day grace period following the application deadline, there will be a loss of funds of not being certified USDA Organic for a year, until the next application date. This cost is highly variable and depends on the commodity being produced, the size of the operation, and the current year's market costs for the commodities being produced, so the Department does not have any estimated costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: As the Department is not the only certifying authority in the state, these changes should have no impact on those who are not seeking certification from the Department. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a nominal fine of up to $500 assessed to the certifying agencies for submitting late registrations and the cost of not charging certification fees during the time that they are currently not being registered. Currently, there are 10 certifying agencies registered to certify in Utah. The Department anticipates that after a year of receiving the late fees, certifying agencies will no longer submit late registrations. There will also be an indirect cost to the certifying agencies that do not register in a timely manner. During the time that they are not registered, they will be prohibited from conducting certifications, thus losing business, but this will all depend on their timeliness of registration. For the producers, handlers, and processors who are not able to update their application materials within the 120-day grace period following the application deadline, there will be a loss of funds of not being certified USDA Organic for a year, until the next application date. This cost is highly variable and depends on the commodity being produced, the size of the operation, and the current year's market costs for the commodities being produced, so the Department does not have any estimated costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes will help both the Department and the organic businesses in the state. The changing of the date allows for the Department and businesses to make sure that they are in compliance with the CFR. The additional time in the application process should cut down on the time spent during the inspection process, which will save time and money for both the Department and the entity seeking registration. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42872.htm EDUCATION ADMINISTRATION No. 42914 (Amendment): R277-104. ADA Complaint Procedure. SUMMARY OF THE RULE OR CHANGE: These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. Under these rule change, complaints are filed with the Superintendent rather than the Americans with Disabilities Act (ADA) Coordinator, although the Superintendent may receive investigative assistance from Board staff and others as designated in this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget because this rule deals with ADA complaint procedures for individuals with disabilities submitting a claim to the Superintendent of the Utah State Board of Education (USBE). - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments because this rule deals with ADA complaint procedures for individuals with disabilities submitting a claim to the Superintendent of the USBE. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses because this rule deals with ADA complaint procedures for individuals with disabilities submitting a claim to the Superintendent of the USBE. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this rule deals with ADA complaint procedures for individuals with disabilities submitting a claim to the Superintendent of the USBE. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes to Rule R277-104 are not estimated to have a fiscal impact on businesses. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with ADA complaint procedures for individuals with disabilities submitting a claim to the Superintendent of the USBE. These rule changes do not require any expenditures of or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The USBE has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. Under these rule changes, complaints are filed with the Superintendent rather than the ADA Coordinator although the Superintendent may receive investigative assistance from Board staff and others as designated in this rule. The process, requirements, and timeline for filing complaints remain the same. Thus, this rule is not expected to have a fiscal impact on local education agencies either. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 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: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42914.htm No. 42915 (Amendment): R277-107. Educational Services Outside of Educator's Regular Employment. SUMMARY OF THE RULE OR CHANGE: This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, but none of these changes are substantive. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no aggregate anticipated cost or savings to the state budget because this rule deals with educational services outside of an educator's regular employment. - LOCAL GOVERNMENTS: There are no aggregate anticipated cost or savings to local governments because this rule deals with educational services outside of an educator's regular employment. - SMALL BUSINESSES: There are no aggregate anticipated cost or savings to small businesses because this rule deals with educational services outside of an educator's regular employment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this rule deals with educational services outside of an educator’s regular employment. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes to Rule R277-107 are not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule change is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with educational services outside of an educator’s regular employment. This rule change does not require any expenditures of or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. The rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies, but none of the changes are substantive. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 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: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42915.htm No. 42918 (New Rule): R277-301. Educator Licensing. SUMMARY OF THE RULE OR CHANGE: This new rule provides the foundation for implementation of the three-tier licensing structure adopted by the Board. This rule has a delayed implementation until January 1, 2020, and would not go into full effect until the 2020 - 2021 school year. While the new rule alters the educator licensing process, it is not anticipated to have a fiscal impact on local education agencies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is not anticipated to have a cost or savings to the state budget because this rule deals with educator licensing by the Board, and does not require any expenditures of or generate any revenues for the state budget. - LOCAL GOVERNMENTS: This new rule is not anticipated to have a cost or savings to local governments because this rule deals with educator licensing by the Board, and does not require any expenditures of or generate any revenues for local governments. - SMALL BUSINESSES: This new rule is not anticipated to have a cost or savings to small businesses because this rule deals with educator licensing by the Board, and does not require any expenditures of or generate any revenues for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is not anticipated to have a cost or savings to persons other than small businesses, businesses, or local government entities because this rule deals with educator licensing by the Board, and does not require any expenditures of or generate any revenues for 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 new Rule R277-301 is not estimated to have a fiscal impact on businesses. 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 educator licensing by the Board, and does not require any expenditures of or generate any revenues for large businesses. This new rule provides the foundation for implementation of the three-tier licensing structure adopted by the Board. This new rule has a delayed implementation until January 1, 2020, and would not go into full effect until the 2020 - 2021 school year. While the new rule alters the educator licensing process, it is not anticipated to have a fiscal impact on local education agencies. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 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: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42918.htm No. 42916 (Amendment): R277-436. Gang Prevention and Intervention Programs in the Schools. SUMMARY OF THE RULE OR CHANGE: This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These changes to proposal requirements and criteria for prioritization of funds could result in changes in how the funds get allocated to local education agencies (LEAs). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes may have a fiscal impact on LEAs. These changes to proposal requirements and criteria for prioritization of funds could result in changes in how the funds get allocated to LEAs. However, this potential change in fiscal impact will depend on which LEAs apply for a grant and likely will be mitigated by the increase of $300,000 for gang prevention and intervention (S.B. 2 passed during the 2018 General Session). - LOCAL GOVERNMENTS: These rule changes may have a fiscal impact on LEAs. These changes to proposal requirements and criteria for prioritization of funds could result in changes in how the funds get allocated to LEAs. However, this potential change in fiscal impact will depend on which LEAs apply for a grant and likely will be mitigated by the increase of $300,000 for gang prevention and intervention (S.B. 2 (2018)). - SMALL BUSINESSES: These proposed rule changes are not expected to have any fiscal impact on small business revenues or expenditures because it deals with gang prevention and intervention in schools which is funded by state appropriations and does not require any expenditures of or generate any revenues for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it deals with gang prevention and intervention in schools which is funded by state appropriations and does not require any expenditures of or generate any revenues for "other persons". COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes to Rule R277-436 may have a fiscal impact on LEAs, but not on small or large businesses. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with gang prevention and intervention in schools which is funded by state appropriations, and does not require any expenditures of or generate any revenues for large businesses. Gang prevention and intervention is funded as a grant program. These rule changes add that LEAs proposals must identify the school’s at-risk student population and demonstrate how the prevention and intervention strategies will benefit at-risk students. These changes also add that priority for the funds will be given to schools that demonstrate multiple risk factors for gang involvement and to schools with outcome data that show successful reduction of gang involvement. Currently, priority is given to applications reflecting interagency and intra-agency collaboration. These changes to proposal requirements and criteria for prioritization of funds could result in changes in how the funds get allocated to LEAs. However, this potential change in fiscal impact will depend on which LEAs apply for a grant and likely will be mitigated by the increase of $300,000 for gang prevention and intervention, S.B. (2018). This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 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: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42916.htm No. 42923 (New Rule): R277-461. Elementary School Counselor Grant Program. SUMMARY OF THE RULE OR CHANGE: The Legislature passed H.B. 264 (2018). This new statute requires the Utah State Board of Education (Board) to make rules to implement the Program, including providing an application procedure, establishing criteria and procedures for awarding grants, and detailing requirements for grant recipients. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule will have a fiscal impact on local education agencies (LEAs) as LEAs are awarded grants for hiring either school counselors or school social workers as outlined in the Program. Also, to receive the grant funds, LEAs must provide matching funds. The specific impact on LEAs is unknown because it is a grant program so it depends on which LEAs apply for the funds. - LOCAL GOVERNMENTS: This proposed rule will have a fiscal impact on LEAs as LEAs are awarded grants for hiring either school counselors or school social workers as outlined in the Program. Also, to receive the grant funds, LEAs must provide matching funds. The specific impact on LEAs is unknown because it is a grant program so it depends on which LEAs apply for the funds. - SMALL BUSINESSES: This proposed rule is not estimated to have fiscal impact on small businesses' revenues or expenditures because it deals with the Program which is funded by state appropriations and a match from LEAs so it does not require any expenditures of or generate any revenues for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it deals with the Program which is funded by state appropriations and a match from LEAs, so it does not require any expenditures of or generate any revenues for 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 R277-461 will have a fiscal impact on LEAs, but not on large or small businesses. 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 the Elementary School Counselor Grant Program which is funded by state appropriations and a match from LEAs so it does not require any expenditures of or generate any revenues for large businesses. This rule will have a fiscal impact on LEAs as LEAs are awarded grants for hiring either school counselors or school social workers as outlined in the Program. Also, to receive the grant funds, LEAs must provide matching funds. The specific impact on LEAs is unknown because it is a grant program so it depends on which LEAs apply for the funds. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 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: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42923.htm No. 42921 (Repeal and Reenact): R277-613. LEA Bullying, Cyber-bullying, Hazing and Harassment Policies and Training. SUMMARY OF THE RULE OR CHANGE: This rule is being amended in response to S.B. 161 (2017) and H.B. 62 (2017). Along with technical changes in accordance with the Rulewriting Manual for Utah, these rule changes include amendments in definitions and terminology, and updates to training requirements. These rule amendments also add incident review requirements whereby a local education agency (LEA) must review allegations of incidents of bullying, cyber-bullying, hazing, and retaliation as detailed in Section R277-613-5. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not estimated to have a fiscal impact on the state budget because this rule is amended with technical changes in accordance with the Rulewriting Manual for Utah. These rule changes are also not estimated to have a fiscal impact on the state budget, because it deals with student behavior, and thus does not require any expenditures of or generate any revenues for the state budget. - LOCAL GOVERNMENTS: These rule changes may have a fiscal impact on local governments, however, this impact will be minimal as it is likely that LEAs are tracking incidents of bullying, cyber-bullying, hazing, and retaliation since the current rule requires LEAs to notify parents of incidents and to maintain documentation. - SMALL BUSINESSES: These rule changes are not estimated to have a fiscal impact on small businesses because this rule is amended with technical changes in accordance with the Rulewriting Manual for Utah. These rule changes are also not estimated to have a fiscal impact on small businesses, because it deals with student behavior, and thus does not require any expenditures of or generate any revenues for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities because these changes deal with student behavior and thus does not require any expenditures of or generate any revenues for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes to Rule R277-613 may have a fiscal impact on LEAs. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with student behavior and thus does not require any expenditures of or generate any revenues for large businesses. This rule is being amended in response to S.B. 161 (2017) and H.B. 62 (2017). Along with technical changes in accordance with the Rulewriting Manual for Utah, these rule changes include changes in definitions and terminology, and updates to training requirements. These rule changes also add incident review requirements whereby an LEA must review allegations of incidents of bullying, cyber-bullying, hazing, and retaliation as detailed in Section R277-613-5. LEAs also must report annually to the Superintendent on the LEA's policies, training, and incidents of bullying, cyber-bullying, hazing, and retaliation. There may be a fiscal impact on LEAs who are not already reviewing allegations as outlined and reporting the required information to the Utah State Board of Education (Board) annually. However, it is anticipated that this impact will be minimal as it is likely LEAs are tracking incidents of bullying, cyber-bullying, hazing, and retaliation since the current rule requires LEAs to notify parents of incidents and to maintain documentation. The Assistant Superintendent of Financial Operations at the Board, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 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: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42921.htm No. 42917 (Amendment): R277-614. Athletes and Students with Head Injuries. SUMMARY OF THE RULE OR CHANGE: This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, but none of these changes are substantive. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not estimated to have aggregate anticipated cost or savings to the state budget because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for state budget. - LOCAL GOVERNMENTS: This rule is not estimated to have aggregate anticipated cost or savings to local governments because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for local governments. - SMALL BUSINESSES: This rule is not estimated to have aggregate anticipated cost or savings to small businesses because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not estimated to have aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes to Rule R277-614 are not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, but none of the changes are substantive. Thus, these rule changes will not have a fiscal impact on local education agencies either. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 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: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42917.htm GOVERNOR ECONOMIC DEVELOPMENT No. 42922 (Amendment): R357-5. Motion Picture Incentive. SUMMARY OF THE RULE OR CHANGE: These amendments make technical corrections to this rule to match current contracting requirements with the awardees and the Office. Namely it matches the per diem rates allowed to count toward spend at 100% rather than 120% (contract only allows at 100%), and deletes a requirement that production start within 90 days of approval. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact on the state budget because the incentive is still limited to a tax credit amount of just over $6,790,000 each fiscal year. These changes simply make technical corrections to match current contracting requirements for an awardee of the program. - LOCAL GOVERNMENTS: There is no impact to local governments because they cannot participate in the program. - SMALL BUSINESSES: There is no impact to small businesses because this is not a regulation of the industry overall. This amendment simply adjusts the rule governing this incentive program. There are several small businesses that may benefit from the clarity on programmatic requirements. But, that number cannot be calculated because the program is not compulsory in nature and only applies to those who choose to apply and qualify for an incentive. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to other persons because this is not a regulation of the industry overall. This amendment simply adjusts the rules governing this incentive program. There are several larger businesses and individuals that may benefit from the clarity on programmatic requirements. But, that number cannot be calculated because the program is not compulsory in nature and only applies to those who choose to apply and qualify for an incentive. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes will have no impact on businesses because this is not a regulation of the industry overall. This amendment simply adjusts the rule governing this incentive program. These amendments make technical corrections to match current contracts. It does not change the program substantively. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42922.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 42920 (Amendment): R657-5. Taking Big Game. SUMMARY OF THE RULE OR CHANGE: These proposed revisions remove the language concerning Poaching-Reported Reward Permits. This language has been moved into the new proposed Rule R657-51, Poaching-Reported Reward Permits. (EDITOR'S NOTE: The proposed new Rule R657-51 is under Filing No. 42913 in this issue, June 1, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule amendments remove rule language from this rule and places it in a separate rule. These changes can be initiated within the current workload and resources of the Division of Wildlife Resources (DWR), therefore, DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with the existing budget. - LOCAL GOVERNMENTS: Since these proposed amendments simply move rule language, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment is technical in nature and does not have the potential to create a cost impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment is technical in nature and does not have the potential to create a cost impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for those participating in the poaching reward permit program. 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42920.htm No. 42919 (Amendment): R657-10. Taking Cougar. SUMMARY OF THE RULE OR CHANGE: These proposed revisions remove the language concerning Poaching-Reported Reward Permits. This language has been moved into the new proposed Rule R657-51, Poaching-Reported Reward Permits. (EDITOR'S NOTE: The proposed new Rule R657-51 is under Filing No. 42913 in this issue, June 1, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule amendments remove rule language from this rule and places it in a separate rule. These changes can be initiated within the current workload and resources of DWR, therefore, DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with the existing budget. - LOCAL GOVERNMENTS: Since these proposed amendments simply move rule language, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--These amendments are technical in nature and do not have the potential to create a cost impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--These amendments are technical in nature and do not have the potential to create a cost impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for those participating in the poaching reward permit program. 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42919.htm No. 42913 (New Rule): R657-51. Poaching-Reported Reward Permits. SUMMARY OF THE RULE OR CHANGE: This new rule combines language from Rules R657-5 and R657-10 to simplify and clarify the processes and procedures for acquiring a poaching-reported reward permit. This new rule also adds bear and harvest-objective cougar permits to the list of eligible species, as well as expanding the opportunity to general season permits. (EDITOR'S NOTE: The proposed amendment to Rule R657-5 is under Filing No. 42920 and the proposed amendment to Rule R657-10 is under Filing No. 42919 is this issue, June 1, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule continues to allow for the issuance of poaching-reported reward permits. DWR has determined that this proposed rule does not create a cost or savings impact to the state budget, since the changes will not increase workload and can be carried out with the existing budget. - LOCAL GOVERNMENTS: Since these requirements were put into place in 1996 in Rules R657-5 and R657-10, no services have been required from local governments to fulfill the program, thus this filing does not create any direct costs or savings impact to any local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Since these requirements were put into place in 1996 in Rules R657-5 and R657-10, no services have been required from small businesses to fulfill the program, thus this filing does not create any direct costs or savings impact to any small businesses. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This program has issued a total of 209 permits since its inception in 1996. The number of permits issued per year is small and are issued at no cost to the recipient, nor are they deducted from the quota available to all applicants, as such, this rule does not generate a cost or savings impact to other persons, including the permit recipients. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments do not create additional costs for sportsmen qualifying to receive a poaching-reported reward permit in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42913.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends July 2, 2018. From the end of the 30-day waiting period through September 29, 2018, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. HUMAN SERVICES ADMINISTRATION No. 42630 (Change in Proposed Rule): R495-885. Employee Background Screenings. SUMMARY OF THE RULE OR CHANGE: This change will realign the current processes with the 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 it 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. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the March 15, 2018, issue of the Utah State Bulletin, on page 23. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes 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. The compliance is within DHS. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposal will not result in a fiscal impact to small or large businesses. This rule only impacts DHS. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/02/2018 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 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42630.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. 42925 (5-year Review): R156-63a. Security Personnel Licensing Act Contract Security 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 63, with respect to contract security companies, armed private security officers, and unarmed private security officers. 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: 05/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42925.htm No. 42924 (5-year Review): R156-63b. Security Personnel Licensing Act Armored Car 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 63, with respect to armored car companies and armored car security officers. 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: 05/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42924.htm EDUCATION ADMINISTRATION No. 42909 (5-year Review): R277-104. ADA Complaint Procedure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it establishes the Utah State Office of Education (USOE) and the Utah State Office of Rehabilitation (USOR) procedures for non-USOE, non-USOR and non-Board employees to file complaints under the federal ADA law and to provide appropriate classification of the records of complaints and appeals. Therefore, this rule should be continued. 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 EFFECTIVE: 05/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42909.htm No. 42910 (5-year Review): R277-107. Educational Services Outside of Educator's Regular Employment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides direction and parameters for employees who provide or participate in public education- related services or activities outside of their regular public education employment. Therefore, this rule should be continued. 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 EFFECTIVE: 05/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42910.htm No. 42907 (5-year Review): R277-436. Gang Prevention and Intervention Programs in the Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it establishes standards and procedures for distributing funding for gang prevention and intervention programs in public schools. Therefore, this rule should be continued. 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 EFFECTIVE: 05/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42907.htm No. 42908 (5-year Review): R277-614. Athletes and Students with Head Injuries. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it directs LEAs under the general control and supervision of the Board to adopt and enforce a head injury policy for students participating in sporting events as defined in the law, including notification to parents of the policy and receipt from parents of signed statements that parents understand and will support the LEA in the enforcement of the policy. Therefore, this rule should be continued. 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 EFFECTIVE: 05/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42908.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 42877 (5-year Review): R430-50. Residential Certificate Child Care. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The continuation of this rule is necessary for the Department to comply with its statutory duty to make and enforce rules in accordance with Section 26- 39-301 to regulate child care programs for the health and safety of children. DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov EFFECTIVE: 05/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42877.htm No. 42876 (5-year Review): R430-90. Licensed Family Child Care. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The continuation of this rule is necessary for the Department to comply with its statutory duty to make and enforce rules in accordance with Section 26- 39-301 to regulate child care programs for the health and safety of children. DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov EFFECTIVE: 05/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42876.htm INSURANCE ADMINISTRATION No. 42875 (5-year Review): R590-219. Credit Scoring. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary for regulating the way in which automobile insurance companies use an insured's credit score. One of the main reasons for this rule and the law is to disallow insurers from using a credit score as the sole reason to cancel an insured's policy. The law and this rule requires the presence of risk-related factors before increasing an insured's premium or canceling their policy. Since the creation of the law and this rule, the Department has received fewer and fewer complaints related to misuse of credit scores. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 05/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42875.htm No. 42874 (5-year Review): R590-222. Life Settlements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides the requirements and explanations regarding the business of life settlements, including licensing, annual reports, payments, disclosures, reasonable payments, verification of coverage, advertising, fraud reporting, prohibited practices, and form filing. All are necessary for the proper regulation of this product in the marketplace and to protect the consumer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 05/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42874.htm No. 42873 (5-year Review): R590-223. Rule to Recognize the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is part of statutory accounting requirements. It prescribes a mortality table to be used for the valuation and nonforfeiture for life insurance. It establishes reserving standards consistent with that recommended by the National Association of Insurance Commissioners' (NAIC) Accounting Practices and Procedures Manual. Repealing this rule would adversely impact insurance companies and consumers. If this rule is withdrawn, it will make life insurance less affordable. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 05/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42873.htm PARDONS (BOARD OF) ADMINISTRATION No. 42905 (5-year Review): R671-312A. Commutation Procedures Applicable to Persons Sentenced to Death Before April 26, 1992. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness with commutation procedures. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 05/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42905.htm No. 42906 (5-year Review): R671-312B. Commutation Procedures Applicable to Persons Sentenced to Death After April 26, 1992. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for balance and fairness with commutation procedures. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 05/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180601/42906.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. AGRICULTURE AND FOOD ADMINISTRATION No. 42559 (NEW): R51-5.Rural Rehabilitation Loans Published: 03/01/2018 Effective: 05/02/2018 EDUCATION ADMINISTRATION No. 42697 (AMD): R277-502.Educator Licensing and Data Retention Published: 04/01/2018 Effective: 05/08/2018 No. 42698 (AMD): R277-508.Employment of Substitute Teachers Published: 04/01/2018 Effective: 05/08/2018 No. 42699 (AMD): R277-521.National Board Certification Reimbursement Published: 04/01/2018 Effective: 05/08/2018 No. 42700 (AMD): R277-532.Local Board Policies for Evaluation of Non- Licensed Public Education Employees (Classified Employees) Published: 04/01/2018 Effective: 05/08/2018 No. 42701 (AMD): R277-609.Standards for LEA Discipline Plans and Emergency Safety Interventions Published: 04/01/2018 Effective: 05/08/2018 No. 42702 (AMD): R277-746.Driver Education Programs for Utah Schools Published: 04/01/2018 Effective: 05/08/2018 No. 42703 (AMD): R277-751.Special Education Extended School Year (ESY) Published: 04/01/2018 Effective: 05/08/2018 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42631 (AMD): R414-1-5.Incorporations by Reference Published: 03/15/2018 Effective: 05/08/2018 No. 42625 (AMD): R414-2A-7.Limitations Published: 03/15/2018 Effective: 05/08/2018 No. 42594 (AMD): R414-3A-5.Services Published: 03/01/2018 Effective: 05/08/2018 No. 42627 (AMD): R414-302-6.Residents of Institutions Published: 03/15/2018 Effective: 05/08/2018 No. 42628 (AMD): R414-308-3.Application and Signature Published: 03/15/2018 Effective: 05/08/2018 No. 42629 (NEW): R414-311.Targeted Adult Medicaid Published: 03/15/2018 Effective: 05/08/2018 HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 42317 (R&R): R501-7.Child Placing Adoption Agencies Published: 12/01/2017 Effective: 05/02/2018 No. 42317 (CPR): R501-7.Child Placing Adoption Agencies Published: 03/15/2018 Effective: 05/02/2018 RECOVERY SERVICES No. 42638 (NEW): R527-303.Automatic Payment Withdrawal Published: 04/01/2018 Effective: 05/08/2018 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42670 (AMD): R746-1-201.Complaints Published: 04/01/2018 Effective: 05/10/2018 SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 42678 (AMD): R850-40.Easements Published: 04/01/2018 Effective: 05/08/2018 No. 42677 (AMD): R850-50.Range Management Published: 04/01/2018 Effective: 05/08/2018 TRANSPORTATION ADMINISTRATION No. 42688 (AMD): R907-80.Disposition of Surplus Land Published: 04/01/2018 Effective: 05/09/2018 OPERATIONS, CONSTRUCTION No. 42690 (AMD): R916-2.Prequalification of Contractors Published: 04/01/2018 Effective: 05/09/2018 OPERATIONS, TRAFFIC AND SAFETY No. 42689 (AMD): R920-6.Snow Tire and Chain Requirements Published: 04/01/2018 Effective: 05/08/2018 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 42693 (AMD): R986-600.Workforce Innovation and Opportunity Act Published: 04/01/2018 Effective: 05/08/2018 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/ . <> ----------------------------