---------------------------- Utah State Digest, Vol. 2018, No. 12 (June 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed May 16, 2018, 12:00 AM through June 1, 2018, 11:59 PM Volume 2018, No. 12 June 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 *********************************************** 1. EDITOR'S NOTES 2. SPECIAL NOTICES Notice for July 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/2018/20180615/sn160311.htm 3. 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. Wildland Fire Management, Utah Exec. Order No. 2018-3 - 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/ExecDoc160327.htm 4. 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 16, 2018, 12:00 a.m., and June 1, 2018, 11:59 p.m. are summarized in this, the June 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the June 15, 2018, issue of the Utah State Bulletin until at least July 16, 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 October 13, 2018, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. ADMINISTRATIVE SERVICES PURCHASING AND GENERAL SERVICES No. 42932 (Amendment): R33-7. Request for Proposals. SUMMARY OF THE RULE OR CHANGE: These amendments clarify the scoring of evaluation criteria, other than cost, for proposals in the RFP process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that these rule changes will have on the state budget. These amendments clarify the scoring of evaluation criteria, other than cost, for proposals in the RFP process. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that these rule changes will have on local governments. These amendments clarify the scoring of evaluation criteria, other than cost, for proposals in the RFP process. - SMALL BUSINESSES: There are no anticipated costs or savings that these rule changes will have on small businesses. These amendments clarify the scoring of evaluation criteria, other than cost, for proposals in the RFP process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that these rule changes will have on persons other than small businesses, businesses, or local government entities. These amendments clarify the scoring of evaluation criteria, other than cost, for proposals in the RFP process. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. These amendments clarify the scoring of evaluation criteria, other than cost, for proposals in the RFP process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that these rule changes may have on businesses. These amendments clarify the scoring of evaluation criteria, other than cost, for proposals in the RFP process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org THIS RULE MAY BECOME EFFECTIVE ON: 07/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42932.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42936 (Amendment): R414-61-2. Incorporation by Reference. SUMMARY OF THE RULE OR CHANGE: This renewal incorporates by reference updates to the Waiver for Technology Dependent/Medically Fragile Individuals, effective 07/01/2018. These updates include: the addition of High-flow Nasal Cannula dependence as an equivalent therapy to Bi- level Positive Airway Pressure and Continuous Positive Airway Pressure dependence as a qualifying technology to meet target group criteria; Removal of Family-Directed Support as a distinct service as this support will be provided through the scope of Financial Management Services and Waiver Case Management; and quality improvement performance measures were revised to better align with waiver assurances and sub-assurances. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because these waiver updates do not provide new services, and ongoing services are within previous allocations. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor provide waiver services for Medicaid recipients. - SMALL BUSINESSES: There is no impact to small businesses because these waiver updates do not provide new services, and ongoing services are within previous allocations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers or to Medicaid recipients because these waiver updates do not provide new services, and ongoing services are within previous allocations. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because these waiver updates do not provide new services, and ongoing services are within previous allocations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/16/2018 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: 07/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42936.htm No. 42941 (Repeal and Reenact): R414-510. Intermediate Care Facility for Persons with Intellectual Disabilities Transition Program. SUMMARY OF THE RULE OR CHANGE: The repealed rule requires individuals to submit an application to show interest in participating in the ICF/ID Transition Program. It also contains a provision that requires the state to contact potentially eligible individuals annually, even if the individual or guardian has informed state staff that they are not interested in participation. The selection process also enrolls an individual evenly from two lists based on length of stay in an ICF/ID and by random selection, and does not require onsite education. Conversely, the reenacted rule no longer requires individuals to submit an application to show interest in program participation, and individuals may "opt-out" of being contacted by the state for a three-year period. The new selection process also enrolls 70% of individuals on the weighted list based on the number of times they apply for the program, their presence on the Division of Services for People with Disabilities (DSPD) waiting list, and their length of stay in an ICF/ID. 30% of individuals will come from a random selection list. Finally, the new rule requires an onsite meeting to educate individuals and their guardians about the program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only updates and clarifies the purpose and operation of the ICF/ID Transition Program, which operates on available funding from previous allocations by the Legislature. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not participate in the operation of the ICF/ID Transition Program. - SMALL BUSINESSES: Some small businesses may see a potential gain or loss of revenue when individuals move from facility-based services to home and community-based services. Nevertheless, there is not sufficient cost effective data to estimate an amount. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may see a potential gain or loss of revenue when individuals move from facility-based services to home and community- based services, but there is not sufficient cost effective data to estimate an amount. There is no fiscal impact to Medicaid members as there is no change in ongoing waiver services. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single Medicaid provider or individual business may see a potential loss of revenue when individuals move from facility-based services to home and community-based services, but there is not sufficient cost effective data to estimate an amount. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Some businesses may see a potential gain or loss of revenue when individuals move from facility-based services to home and community- based services. Nevertheless, there is not sufficient cost effective data to estimate an amount. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/16/2018 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: 07/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42941.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 42937 (Amendment): R432-6-16. Parking. SUMMARY OF THE RULE OR CHANGE: These rule amendments allow several different options for disabled parking requirements for health care facilities. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state government assisted living facility licensing process was thoroughly reviewed. These proposed rule amendments should not change how many total assisted living facilities may be licensed in Utah, therefore, these proposed rule changes are not expected to impact state revenues or expenditures. - LOCAL GOVERNMENTS: Local government city business licensing requirements were considered. These proposed rule amendments should not change how many assisted living facilities can be licensed in Utah, therefore, these proposed rule changes are not expected to impact local government revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that these rule amendments could lead to benefits for small business assisted living facilities as it may provide greater flexibility for the placement of disabled parking spaces, however, with all the variables this is an inestimable benefit. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule amendments could lead to benefits for assisted living facilities as it may provide greater flexibility for the placement of disabled parking spaces, however, with all the variables this is an inestimable benefit. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to affected persons because these amendments decrease compliance rules and therefore would not add cost. 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 07/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42937.htm NATURAL RESOURCES FORESTRY, FIRE AND STATE LANDS No. 42928 (New Rule): R652-123. Wildland Fire Suppression Cost Recovery Procedure. SUMMARY OF THE RULE OR CHANGE: This rule establishes a procedure for recovery of the Division's costs for suppressing wildland fire as provided in Section 65A-3-4. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule establishes a procedure through which the Division can attempt to recover funds for human caused fires from a responsible party, which would reimburse the state for dollars spent on fire suppression. After conducting an analysis it has been determined that this proposed rule could have a fiscal impact on state government revenues or expenditures, but any fiscal costs or benefit is inestimable at the time because further studies and analysis must be completed. In addition, any fiscal costs or benefit would be contingent on a human caused wildfire occurring, the Division seeking recovery of funds for said fire and the Division receiving reimbursement for dollars spent on suppression. - LOCAL GOVERNMENTS: After conducting an analysis it has been determined that this proposed rule will not have any fiscal impacts on local governments revenues or expenditures because this rule does not apply to local governments. - SMALL BUSINESSES: This rule does not affect small businesses, therefore there is no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting an analysis it has been determined that this proposed rule will not have any direct impact on other persons because this rule does not apply directly to individuals, unless they are found to be responsible for the cause of a wildfire and those costs would be inestimable. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons with regard to this rule, unless through an investigation they are found to responsible for a wildfire. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule does not apply to businesses and therefore has no 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 07/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42928.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 42927 (Amendment): R986-100. Employment Support Programs. SUMMARY OF THE RULE OR CHANGE: In accordance with Sections 35A-1-103 and 35A-3-103, the Department administers SNAP in accordance with federal statutes (7 U.S.C. 2011 et seq.) and regulations (including, the most relevant for these proposed rule changes, 7 CFR Part 273). The Department's responsibility for SNAP administration includes determining applicant eligibility, assessing overpayments and disqualifications from SNAP, and providing appeal hearings related to these matters. On, or about, 08/24/2017, the United States Department of Agriculture's Food and Nutrition Service (FNS), which regulates the state agencies that administer SNAP, issued findings stating that the Department's hearing procedures for persons facing potential disqualification from SNAP due to an intentional program violation (IPV) were not in compliance with federal requirements. Specifically, FNS determined that the Department is required to hold a live ADH for each person accused of an IPV prior to imposing a disqualification from SNAP, regardless of whether the person has requested a hearing. These proposed rule changes address the FNS findings by creating separate hearing procedures for ADHs and making clear that, unlike other types of public assistance hearings, a live ADH is held for every IPV, even if the person accused of the IPV does not request it. In connection with reviewing and amending the hearing procedures to address the FNS findings, the Department has undertaken a broader review of the general public assistance hearing rules with an eye toward simplifying hearing procedures for clients, Department personnel, and other affected persons. Accordingly, these proposed rule changes contain various technical changes intended to clarify existing hearing procedures and remove redundancies and unnecessary matters. The Department has specific authority to make rules to implement these changes under Sections 35A-1-104, 35A-1-302, 35A-1-303, 35A-1-306, 35A-3- 103, 35A-3-111, 35A-3-302, 35A-3-603, and 35A-3-604. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because of the need to hold separate ADHs, these proposed rule changes are expected to increase the Department's administrative workload. Accordingly, the Department has hired three new employees, resulting in a total added cost of approximately $107,000 annually. No other aspect of these proposed rule changes is expected to cause costs or savings to the state budget because the remaining changes merely clarify and formalize existing Department practices and procedures. - LOCAL GOVERNMENTS: No costs or savings are anticipated to local governments because SNAP and the other public assistance programs affected by these proposed rule changes are state-level programs that do not rely on local governments for their funding, administration, or enforcement. - SMALL BUSINESSES: No costs or savings are anticipated to small businesses because these proposed rule changes do not make substantive changes to any provisions relevant to types of hearings involving small businesses. 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 the changes in hearing procedures will not substantively affect the legal standards governing a claimant's eligibility for public assistance, the imposition of overpayments or other sanctions, or any other aspect of an applicant's ability to receive public assistance. 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 applicants for public assistance. 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 07/16/2018 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: 07/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42927.htm HOUSING AND COMMUNITY DEVELOPMENT No. 42939 (New Rule): R990-102. Homeless Shelter Cities Mitigation Restricted Account. SUMMARY OF THE RULE OR CHANGE: During the 2018 General Session, the Legislature passed, and the Governor then signed, S.B. 235, Homeless Shelter Funding Amendments. The bill creates the Homeless Shelter Cities Mitigation Restricted Account (Account) and sets forth how the Department of Workforce Services (Department) is to administer the Account. Under the bill, there are two categories of governmental entities that are eligible to receive funding from the Account for homeless shelter mitigation efforts: "eligible municipalities", which are given funding priority, and "grant eligible entities". Section 35A-8-608 specifically instructs the Department to make rules regarding the circumstances in which there is sufficient revenue in the Account for grant eligible entities to receive a grant from the Account, how grant eligible entities will be notified of grant availability, and the timeline for how grants may be issued. This proposed new rule sets forth these procedural requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed new rule is not expected to cause any costs or savings to the state budget because this proposed new rule simply sets forth the procedures for determining when a grant eligible entity may receive a grant from the Account. Nothing in this proposed new rule affects the amount of funding in the Account or otherwise requires changes in state budget expenditures. - LOCAL GOVERNMENTS: This proposed new rule is not expected to cause any costs or savings to local governments because this proposed new rule simply sets forth the procedures for determining when a grant eligible entity may receive a grant from the Account, including the timelines for grant funding. Nothing in this proposed new rule affects the amount of funding in the Account, a local governmental entity’s substantive eligibility for Account funds, or any other matter that would cause a change to local governments. - SMALL BUSINESSES: This proposed new rule is not expected to cause any costs or savings to small businesses because this proposed new rule simply sets forth the procedures for determining when a grant eligible entity may receive a grant from the Account, including the timelines for grant funding. Nothing in this proposed new rule affects the substance of any Account funds that may be spent by a grant eligible entity at, or with, a small business or otherwise causes a fiscal impact to any small business. The Department has considered whether this proposed new rule will have a measurable negative fiscal impact on small businesses and has determined that this proposed new rule will not have a negative fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed new rule is not expected to cause any costs or savings to persons other than small businesses, businesses, or local government entities because this proposed new rule simply sets forth the procedures for determining when a grant eligible entity may receive a grant from the Account, including the timelines for grant funding. Nothing in this proposed new rule affects the substance of any Account funds that may be allocated to a grant eligible entity and in turn spent in ways that would affect a person other than a small business, business, or local government entity. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed new rule is not expect to cause any compliance costs for affected persons because the proposed new rule simply specifies when and how requests for Account funds may be made, and does not impose any new eligibility, reporting, or enforcement requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After 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 07/16/2018 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: 07/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42939.htm 5. 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 16, 2018. From the end of the 30-day waiting period through October 13, 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. CAREER SERVICE REVIEW OFFICE ADMINISTRATION No. 42844 (Change in Proposed Rule): R137-1. Grievance Procedure Rules. SUMMARY OF THE RULE OR CHANGE: The deadline is changed to 30 working days. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the May 15, 2018, issue of the Utah State Bulletin, on page 15. 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: This proposed change has no impact on the state budget. - LOCAL GOVERNMENTS: This proposed change has no impact on local governments. - SMALL BUSINESSES: This rule change applies only to executive branch state employees and has no budget impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change applies only to executive branch state employees and has no budget impact on other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are imposed by this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule applies only to executive branch state employees and has no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/16/2018 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: 07/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42844.htm 6. 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. ADMINISTRATIVE SERVICES RISK MANAGEMENT No. 42934 (Emergency Rule): R37-4. Adjusted Utah Governmental Immunity Act Limitations on Judgments. SUMMARY OF THE RULE OR CHANGE: This amendment will increase the limitations of judgments against governmental entities or employees as follows: 1) the per person limit for personal injury will increase from $717,100 to $745,200; 2) the aggregate per occurrence limit will increase from $2,455,900 to $2,552,000; and 3) the per occurrence property damage limit will increase from $286,900 to $295,000. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: When the Legislative Fiscal Analyst communicated its adjustments to the Risk Manager on 04/24/2018, it had discovered ambiguities created by S.B. 98, enacted in the 2017 General Session. On 05/11/2018, the Risk Manager first learned that those ambiguities created the potential for variable adjustments and were being considered for clarification in a special session. On 05/22/2018, the Legislative Fiscal Analyst reported to the Risk Manager that the adjustments sent on 04/24/2018 reflect their interpretation of the Legislature's intent under current law and authorized the Risk Manager to proceed with rulemaking, noting that the ambiguities will be addressed by the legislature at the next opportunity. Given the ambiguities in the extended process, and the clarifying information received by the Risk Manager as late as 05/22/2018, regular rulemaking was not feasible and is now impossible. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This revised rule will increase financial exposure to the State Risk Fund, which insures all state agencies, public institutions of higher education, school districts, and many of the charter schools. That increased exposure will be reflected in the form of higher payments to plaintiffs for significant liability claims and will likely have the effect of increased liability premiums to be appropriated from the general fund; however, because the impact will be based upon the nature and severity of future claims, it is impossible to project the anticipated costs of this revision to the state budget. - LOCAL GOVERNMENTS: This revised rule will increase financial exposure to all political subdivisions of the state. That increased exposure will be reflected in the form of higher payments to plaintiffs for significant liability claims and will likely have the effect of increased liability premiums; however, because the impact will be based upon the nature and severity of future claims, it is impossible to project the anticipated costs of this revision to local governments. - SMALL BUSINESSES: This revised rule will impact small business owners that experience personal injuries or property damage from government entities in that they may receive increased damage awards and settlements; however, this impact is impossible to project with any certainty because it is based upon the nature and severity of future claims. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This revised rule will impact persons that experience personal injuries or property damage from government entities in that they may receive increased damage awards and settlements; however, this impact is impossible to project with any certainty because it is based upon the nature and severity of future claims. As indicated under the state budget and local governments sections above, all governmental entities within the state of Utah are subject to these judgment limit increases, irrespective of their size. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs will only be experienced by governmental entities in the state of Utah, and will only be experienced if they, or their employees, cause injury or damage to third parties. It is impossible to project compliance costs for all affected governmental entities because they will be based upon the nature and severity of future claims. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Ken Hansen has reviewed and approved the above fiscal impact analyses on businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Nelson by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at benelson@utah.gov - Darin Dennis by phone at 801-538-9572, or by Internet E-mail at darindennis@utah.gov - Kenneth Hansen by phone at 801-538-3777, by FAX at 801-538-3844, or by Internet E-mail at khansen@utah.gov EFFECTIVE: 07/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42934.htm 7. NOTICES OF EXPEDITED RULES Under the provisions of Subsection 53C-1-201(3)(c), the School and Institutional Trust Lands Administration is permitted to establish a procedure for the expedited approval of administrative rules (Expedited Rules). Use of this procedure, found at Rule R850-10, is based on written findings by the agency director showing: (a) the changes in business opportunities affecting the assets of the trust; (b) the specific business opportunity arising out of those changes which may be lost without the rule or changes to the rule; (c) the reasons the normal procedures under Section 63G-3-301 cannot be met without causing the loss of the specific opportunity; (d) approval by at least five board members; and (e) that the director has filed a copy of the rule and a rule analysis, stating the specific reasons and justifications for the agency's findings, with the Office of Administrative Rules and notified interested parties as provided in Subsection 63G-3-301(10). (Subsection 53C-1- 201(3)(c)) Like a 120-Day (Emergency) Rule, an Expedited Rule goes into effect when filed with the Office of Administrative Rules or at a later date designated by the School and Institutional Trust Lands Administration on the rule analysis. Unlike a 120-Day Rule, an Expedited Rule remains in effect until the agency changes or repeals it, and an Expedited Rule is codified as part of the Utah Administrative Code. Expedited Rules are governed by Subsection 53C-1-201(3)(c), Rule R850-10, Section 63G-3-301 (with exceptions), Sections R15-4-3, R15-4-9, and R15- 4-10. The School and Institutional Trust Lands Administration is not subject to Subsections 63G-3-301(6) and (7) (small business impact analysis) and Section 63G-3-601 (petition for agency action). 8. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. AGRICULTURE AND FOOD CONSERVATION COMMISSION No. 42944 (5-year Review): R64-2. Conservation Commission Electronic Meetings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to facilitate the quick and efficient approval of loans through the Agriculture Rural Development Loans. Electronic meetings are used up to twice a month and gathering the Board together every two weeks would be costly. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - RJ Spencer by phone at 801-538-7171, or by Internet E-mail at rjspencer@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 06/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42944.htm PLANT INDUSTRY No. 42943 (5-year Review): R68-9. Utah Noxious Weed Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to prevent the spread and establishment of noxious weeds in the state which could cause economic and environmental damage. The Department continues to update this list with new plants as new species continue to enter the state via interstate commerce. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bracken Davis by phone at 801-538-7188, or by Internet E-mail at brackendavis@utah.gov - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov EFFECTIVE: 06/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42943.htm No. 42930 (5-year Review): R68-16. Quarantine Pertaining to Pine Shoot Beetle, Tomicus piniperda. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Pine Shoot Beetle poses a significant threat to both urban trees and the native forests of Utah. If an infestation is established in the state, it will cost thousands of dollars to try and eradicate the invasive species. This rule is in place to prevent the Pine Shoot Beetle from entering the state. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bracken Davis by phone at 801-538-7188, or by Internet E-mail at brackendavis@utah.gov - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov EFFECTIVE: 05/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42930.htm ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 42931 (5-year Review): R81-10. Off-Premise Beer Retailers. 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 will need to be modified to address changes to the law passed in the 2017 and 2018 General Sessions. However, this rule is still necessary to define the format of the signage. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov EFFECTIVE: 05/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42931.htm COMMERCE CONSUMER PROTECTION No. 42929 (5-year Review): R152-32a. Pawnshop and Secondhand Merchandise Transaction Information 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 at issue allows the Division, with the assistance of the Secondhand Merchandise Advisory Board, to quickly and efficiently identify classes of businesses that should not be subject to the requirements of Title 13, Chapter 32a. This rule allows the Division to reduce the regulatory burden on businesses that are considered low risk in the context of the pawn and secondhand merchandise industry. By reducing the regulation applied to low risk businesses, the Division is better able to focus its limited resources on higher-risk pawnbrokers and secondhand merchandise dealers. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Daniel Larsen by phone at 801-530-6145, or by Internet E-mail at dblarsen@utah.gov EFFECTIVE: 05/17/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42929.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42935 (5-year Review): R414-508. Requirements for Transfer of Bed Licenses. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements bed transfer requirements in accordance with state law. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/25/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42935.htm 9. NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Review Extension (Extension) with the Office of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). 10. 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). GOVERNOR ECONOMIC DEVELOPMENT No. 42940 (Expired): R357-3. Economic Development Tax Increment Financing Tax Credit. 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 05/31/2018. 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: 05/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180615/42940.htm 11. 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. 12. NOTICES OF GOVERNOR'S EXTENSIONS Following the nonreauthorization of an administrative rule by the Legislature, Subsection 63G-3-502(5) provides that "[i]f an agency believes that a rule that has not been reauthorized by the Legislature or that will be allowed to expire should continue in full force and effect and is a rule within their authorized rulemaking power, the agency may seek the governor's declaration extending the rule beyond the expiration date." Statute also provides that if the omnibus reauthorization bill required by Subsection 63G-3-502(3) "fails to pass both houses of the Legislature or is found to have a technical legal defect preventing reauthorization of administrative rules intended to be reauthorized by the Legislature, the governor may declare all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin on or before June 15 without meeting requirements of Subsections (5)(b) and (c)." If the Governor is required to extend all administrative rules, only the declaration will be printed in the Bulletin. When the Governor issues a declaration to extend a rule that was specifically not reauthorized by the Legislature, the Office of Administrative Rules files a Notice of Governor's Extension to document the Governor's action. The Governor has issued a declaration and extended the rules listed below beyond May 1. Gubernatorial reauthorization of administrative rules is governed by Section 63G-3-502. 13. 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 INSPECTOR GENERAL OF MEDICAID SERVICES (OFFICE OF) No. 42658 (REP): R30-1.Office of Inspector General of Medicaid Services Published: 04/01/2018 Effective: 06/01/2018 No. 42694 (NEW): R30-1.Office Procedures Published: 04/01/2018 Effective: 06/01/2018 No. 42695 (NEW): R30-2.Adjudicative Procedures Published: 04/01/2018 Effective: 06/01/2018 No. 42696 (NEW): R30-3.Declaratory Orders Published: 04/01/2018 Effective: 06/01/2018 ENVIRONMENTAL QUALITY AIR QUALITY No. 42433 (AMD): R307-101-3.Version of Code of Federal Regulations Incorporated by Reference Published: 02/01/2018 Effective: 05/23/2018 No. 42434 (AMD): R307-210.Standards of Performance for New Stationary Sources Published: 02/01/2018 Effective: 05/23/2018 No. 42435 (AMD): R307-214.National Emission Standards for Hazardous Air Pollutants Published: 02/01/2018 Effective: 05/23/2018 WATER QUALITY No. 42692 (AMD): R317-1-7.TMDLs Published: 04/01/2018 Effective: 05/24/2018 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 42684 (AMD): R392-100.Food Service Sanitation Published: 04/01/2018 Effective: 05/18/2018 No. 42685 (NEW): R392-102.Food Truck Sanitation Published: 04/01/2018 Effective: 05/18/2018 No. 42732 (AMD): R392-200.Design, Construction, Operation, Sanitation, and Safety of Schools Published: 04/15/2018 Effective: 05/31/2018 No. 42744 (AMD): R392-302.Design, Construction and Operation of Public Pools Published: 04/15/2018 Effective: 05/24/2018 No. 42731 (R&R): R392-402.Mobile Home Park Sanitation Published: 04/15/2018 Effective: 05/24/2018 HEALTH CARE FINANCING No. 42746 (AMD): R410-14.Administrative Hearing Procedures Published: 04/15/2018 Effective: 05/29/2018 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42635 (NEW): R414-519.Settings for Home and Community-Based Services Published: 04/01/2018 Effective: 05/25/2018 CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 42728 (AMD): R428-1.Health Data Plan and Incorporated Documents Published: 04/15/2018 Effective: 05/25/2018 HUMAN SERVICES AGING AND ADULT SERVICES No. 42636 (R&R): R510-200.Long-Term Care Ombudsman Program Policy Published: 04/01/2018 Effective: 05/30/2018 NATURAL RESOURCES PARKS AND RECREATION No. 42723 (NEW): R651-103.Electronic Meetings Published: 04/15/2018 Effective: 05/22/2018 14. 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/ . <> ----------------------------