---------------------------- Utah State Digest, Vol. 2018, No. 13 (July 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed June 2, 2018, 12:00 AM through June 15, 2018, 11:59 PM Volume 2018, No. 13 July 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 *********************************************** 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 June 2, 2018, 12:00 a.m., and June 15, 2018, 11:59 p.m. are summarized in this, the July 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the July 1, 2018, issue of the Utah State Bulletin until at least July 31, 2018 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through October 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. EDUCATION ADMINISTRATION No. 42963 (Repeal): R277-403. Student Reading Proficiency and Notice to Parents. SUMMARY OF THE RULE OR CHANGE: In the 2018 General Session, the Early Literacy Program (previously known as the K-3 Reading Improvement Program) was amended. As such, Rule R277-403 and Rule R277-406 require amendments to further clarify and define the Utah State Board of Education and local education agency (LEA) responsibilities. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing this rule will not have a fiscal impact on state government revenues or expenditures. Provisions of this rule will be added to Rule R277-406. - LOCAL GOVERNMENTS: Repealing this rule will not have a fiscal impact on local government's revenues or expenditures. Provisions of this rule will be added to Rule R277-406. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses’ revenues or expenditures. This rule is for a LEA program and does not affect small businesses. Provisions of this rule will be added to Rule R277-406. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing this rule will not have a fiscal impact on other individuals' revenues or expenditures. This rule is for a LEA program and does not affect other individuals. Provisions of this rule will be added to Rule R277-406. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). Repealing this rule will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42963.htm No. 42997 (Amendment): R277-406. K-3 Reading Improvement Program and the State Reading Goal. SUMMARY OF THE RULE OR CHANGE: In the 2018 General Session, the Early Literacy Program (previously known as the K-3 Reading Improvement Program) was amended. As such, Board Rules R277-403 and R277-406 require amendments to further clarify and define Board and LEA responsibilities. Rule R277-406 is amended to provided technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes may have a fiscal impact on state government expenditures, but not revenues. This rule is due for its five-year review, and it required amendments to add clarity after passage of S.B. 194, Early Literacy Program, during the 2018 General Session. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes add additional specificity regarding the Superintendent's responsibilities in administering this program. Most of these changes reflect current practice. New language requires LEAs that do not make sufficient progress toward plan goals to be in the Board System of Support and participate in interventions to improve early literacy. The Superintendent is tasked with establishing the strategies, interventions, and techniques for schools in the Board System of Support to help schools achieve early literacy goals. These changes reflect new statutory language and may cost up to 3% of the $15,000,000 ($450,000) already appropriated for the Early Literacy Program. Thus, no new funding is required, but some of the funding passed through to LEAs may shift to the Board for administration of the program. - LOCAL GOVERNMENTS: These rule changes may have a fiscal impact on local government revenues and expenditures. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes add additional specificity regarding the LEA responsibilities in administering this program. Most of these changes reflect current practice. New language requires LEAs that do not make sufficient progress toward plan goals to be in the Board System of Support and participate in interventions to improve early literacy. The Superintendent is tasked with establishing the strategies, interventions, and techniques for schools in the Board System of Support to help schools achieve early literacy goals. These changes reflect new statutory language. The Board may utilize up to 3% of the $15,000,000 ($450,000) already appropriated for the Early Literacy Program. Thus, LEAs may see a reduction in allocations from the program commensurate with the amount of funding used by the Board. For school districts, this potential impact also means the required match from local property tax revenues could decrease (charter schools receive full funding from the state and do not provide a match). - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they affect the early literacy program which is funded by a state appropriation (and a match from school districts), and this rule clarifies and defines Board and LEA responsibilities and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they affect the early literacy program which is funded by a state appropriation (and a match from school districts), and this rule clarifies and defines Board and LEA responsibilities and does not affect other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to LEAs and the Board and will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42997.htm No. 42962 (Repeal): R277-411. School District Sponsored School Seminars on Youth Protection-Related Issues. SUMMARY OF THE RULE OR CHANGE: Rule R277-411 is up for its five-year review. This rule contains one-time requirements, the deadlines for which have passed. The ongoing requirements of this rule are already spelled out in statute. Accordingly, USBE recommends repeal of the rule as it is no longer necessary. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing this rule will not have a fiscal impact on state government revenues or expenditures. This rule contains one-time requirements whose deadlines have passed. The ongoing requirements of this rule are already spelled out in statute and thus this rule is no longer necessary. - LOCAL GOVERNMENTS: Repealing this rule will not have a fiscal impact on local governments revenues or expenditures. This rule contains one- time requirements whose deadlines have passed. The ongoing requirements of this rule are already spelled out in statute and thus this rule is no longer necessary. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses' revenues or expenditures. This rule contains one-time requirements whose deadlines have passed. The ongoing requirements of this rule are already spelled out in statute and thus this rule is no longer necessary. This rule is for a local education agency (LEA) program and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing this rule will not have a fiscal impact on other individuals' revenues or expenditures. This rule contains one-time requirements whose deadlines have passed. The ongoing requirements of this rule are already spelled out in statute and thus this rule is no longer necessary. This rule is for a LEA program and does not affect other individuals. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). Repealing this rule will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42962.htm No. 42996 (Amendment): R277-463. Class Size Average and Pupil-Teacher Ratio Reporting. SUMMARY OF THE RULE OR CHANGE: Rule R277-463 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter how class size averages or pupil-teacher ratios are calculated. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter how class size averages or pupil-teacher ratios are calculated so local education agencies will continue to report the data in the same manner they do currently. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impacts on small businesses' revenues or expenditures because they provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, and this rule applies to reporting for LEAs and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter how class size averages or pupil-teacher ratios are calculated, and this rule applies to reporting for LEAs and does not affect other individuals. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to LEAs and the Board and will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42996.htm No. 42991 (Amendment): R277-470. Charter Schools - General Provisions. SUMMARY OF THE RULE OR CHANGE: This rule had substantive amendments as part of the Board's work to enact and amend rules related to the passage of H.B. 313, Public Education Revisions, from the 2018 General Session. Rule R277-470 is also amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes are not substantive. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes are not substantive. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is for charter schools and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is for charter schools and does not affect other individuals. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to charter schools and will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42991.htm No. 42992 (Amendment): R277-481. Charter School Oversight, Monitoring and Appeals. SUMMARY OF THE RULE OR CHANGE: The substantive amendments to Rule R277- 481 are part of the Board's work to enact and amend rules relating to the passage of H.B. 313 (2018) and provide changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes include warning status notification coming from the school’s authorizer rather than the Utah State Office of Education and the State Charter School Board staff providing technical assistance to schools on probation. However, these changes only clarify current practice. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes do not change processes for charter schools. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is for charter schools and does not affect other individuals. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to charter schools and will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42992.htm No. 42998 (Amendment): R277-492. Utah Science Technology and Research Initiative (USTAR) Centers Program. SUMMARY OF THE RULE OR CHANGE: Rule R277-492 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Utah State School Board of Education (Board) policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program and thus will not affect state government revenues or expenditures. - LOCAL GOVERNMENTS: These rule change are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program for LEAs and thus will not affect local government revenues or expenditures. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to a program for LEAs and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other persons’ revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program and thus will not affect other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to a program for LEAs and will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42998.htm No. 42999 (Amendment): R277-497. School Grading System. SUMMARY OF THE RULE OR CHANGE: Rule R277-497 is being amended to reflect changes in Title 53E, Chapter 5, Part 2, School Accountability System, from the 2018 General Session, H.B. 297. The amendments include: setting performance thresholds for the purpose of assigning overall school ratings; detailing specific provisions on calculating points on certain indicators; and providing for exclusions from the statewide accountability system for data privacy. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. These rule changes are due to legislative changes in school accountability in Title 53E, Chapter 5, Part 2. Amendments to this rule include setting performance thresholds for school ratings, detailing specific provisions on calculation points for certain indicators, and providing for exclusions from the statewide accountability system for data privacy. These changes in calculating indicators and overall school performance may change school ratings, but they are not expected to have a fiscal impact on state government revenues or expenditures. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local government revenues or expenditures. These rule changes are due to legislative changes to school accountability in Title 53E, Chapter 5, Part 2. Amendments to this rule include setting performance thresholds for school ratings, detailing specific provisions on calculation points for certain indicators, and providing for exclusions from the statewide accountability system for data privacy. These changes in calculating indicators and overall school performance may change local education agency school ratings but they are not expected to have a fiscal impact on local education agencies (LEAs). - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. These rule changes are due to legislative changes to school accountability in Title 53E, Chapter 5, Part 2. Amendments to this rule include setting performance thresholds for school ratings, detailing specific provisions on calculation points for certain indicators, and providing for exclusions from the statewide accountability system for data privacy. This rule applies to school accountability for LEAs and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures. These rule changes are due to legislative changes to school accountability in Title 53E, Chapter 5, Part 2. Amendments to this rule include setting performance thresholds for school ratings, detailing specific provisions on calculation points for certain indicators, and providing for exclusions from the statewide accountability system for data privacy. This rule applies to school accountability for LEAs and does not affect other individuals. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to LEAs and will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42999.htm No. 42993 (Amendment): R277-525. Special Educator Stipends. 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. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program for local education agencies (LEAs), but they do clarify that LEAs may only pay the stipend for actual days worked and may not transfer stipend work days among teachers. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to stipends for special educators. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to stipends for special educators and does not affect other individuals. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to stipends for special educators and will not have a fiscal impact on large or small businesses because these stipends are funded with a state appropriation as detailed in Subsection 53F-2-310(2). 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42993.htm No. 42994 (Amendment): R277-617. Smart School Technology Program. SUMMARY OF THE RULE OR CHANGE: Rule R277-617 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to a program for local education agencies (LEAs) and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to a program for LEAs and does not affect other individuals. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to a program for LEAs and will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42994.htm No. 42995 (Amendment): R277-619. Student Leadership Skills Development. SUMMARY OF THE RULE OR CHANGE: Rule R277-619 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program, but they do clarify that the program is subject to legislative appropriation because the Legislature is not providing funding for the program currently. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program for local education agencies (LEAs), but they do clarify that the program is subject to legislative appropriation because the Legislature is not providing funding for the program currently. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to a program for LEAs and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to a program for LEAs and does not affect other individuals. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to a program for LEAs and will not have a fiscal impact on large or small businesses. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42995.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 42976 (Amendment): R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits. SUMMARY OF THE RULE OR CHANGE: This amendment changes the amendment date from 12/07/2016 to 09/05/2018. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget will have anticipated costs due to BACT modifications required on equipment at a state funded university. There is a potential for fiscal benefits to the state budget through increased health of persons and a decrease in medical cost sharing, but the impact is inestimable at this time. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impacts on local government expenditures, because no local governments operate or finance the operations of businesses that will be affected by this rule change. There is a potential for fiscal benefits to local governments through increased health of persons and a decrease in medical cost sharing, but the impact is inestimable at this time. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impacts on small businesses revenues or expenditures, because no businesses affected by this rule have less than 50 employees. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is expected to have fiscal impacts on businesses that are required to modify equipment to comply with updated BACT requirements as identified in Section IX, Part H of the Utah State Implementation Plan. COMPLIANCE COSTS FOR AFFECTED PERSONS: The costs associated with equipment modifications will vary from source to source depending on the required equipment, maintenance, and labor associated with each project. The costs for each source range from $233,000 to $28,200,000. Detailed descriptions of cost and equipment are listed in individual TSD reports for each source, found at https://deq.utah.gov/legacy/pollutants/p/particulate-matter/pm25/serious- area-state-implementation-plans/control-strategies.htm. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The businesses listed in Part H will have to comply with the requirements of the SIP. The costs associated with Part H will mostly be made up of equipment modifications necessary to comply with the TSD BACT analysis. These costs will vary depending on the size of the source and what equipment is needed. The requirements in Part H need to be enforceable and meet the standard of BACT. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42976.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43006 (Amendment): R432-1. General Health Care Facility Rules. SUMMARY OF THE RULE OR CHANGE: This amendment is to modify the definition of chronic noncompliance to match the current licensing inspection process as the time frames between inspections has increased over the past few years and the definition was no longer applicable. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state government health facility survey process was thoroughly reviewed. This proposed rule amendment could lead to increased health care facility sanctions, however, with all the variables within the survey process and the facility practices, this is an inestimable benefit. - LOCAL GOVERNMENTS: Local government city business licensing requirements were considered. This proposed rule amendment should not impact local government revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this rule amendment could lead to increased costs for small business licensed health care facilities as it may result in increased sanctions, however, with all the variables within the survey process and the facility practices, this is an inestimable cost. There are 661 small businesses (NAICS codes used - Homes for the Elderly 623312, Nursing Care Facilities 623110, General Medical/Surgical Hospital 622110, Psychiatric and Substance Abuse Hospitals 622210, Other Hospitals 622310, Home Health 621610, End Stage Renal Disease 621492, and Free Standing Ambulatory Surgical Centers 621493). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this rule amendment will not result in a fiscal impact to other persons because this amendment modifies health care facility requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons because this amendment modifies health care facility requirements and therefore, would not add any compliance costs to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be a fiscal impact to businesses if there is an increase in sanctions for violation of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/43006.htm No. 43005 (Amendment): R432-2. General Licensing Provisions. SUMMARY OF THE RULE OR CHANGE: This amendment is to modify Section R432- 2-17 to state previous survey instead of previous year survey which matches the current licensing inspection process for licensed health care facilities. In addition, it includes several technical corrections to be consistent with current practices. The Health Facility Committee reviewed and approved this rule amendment on 05/09/2018. This amendment was recommended in 2017 by the legislative auditors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state government health facility survey process was thoroughly reviewed. This proposed rule amendment could lead to increased health care facility sanctions, however, with all the variables within the survey process and the facility practices, this is an inestimable benefit. - LOCAL GOVERNMENTS: Local government city business licensing requirements were considered. This proposed rule amendment should not impact local governments revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this rule amendment could lead to increased costs for small business licensed health care facilities as it may result in increased sanctions, however, with all the variables within the survey process and the facility practices, this is an inestimable cost. There are 661 small businesses (NAICS codes used - Homes for the Elderly 623312, Nursing Care Facilities 623110, General Medical/Surgical Hospital 622110, Psychiatric and Substance Abuse Hospitals 622210, Other Hospitals 622310, Home Health 621610, End Stage Renal Disease 621492, and Free Standing Ambulatory Surgical Centers 621493). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this rule amendment will not result in a fiscal impact to other persons because this amendment modifies health care facility requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons because this amendment modifies health care facility requirements and therefore, would not add any compliance costs to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be a fiscal impact to businesses if there is an increase in sanctions for violation of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/43005.htm No. 43004 (Amendment): R432-3. General Health Care Facility Rules Inspection and Enforcement. SUMMARY OF THE RULE OR CHANGE: This amendment removes the Class III violations to match the current licensing inspection process for licensed health care facilities. In addition, it includes several technical corrections and several Federal reference and rule updates. The Health Facility Committee reviewed and approved this rule amendment on 05/09/2018. This amendment was recommended in 2017 by the legislative auditors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state government health facility survey process was thoroughly reviewed. This proposed rule amendment could lead to increased health care facility sanctions, however, with all the variables within the survey process and the facility practices, this is an inestimable benefit. - LOCAL GOVERNMENTS: Local government city business licensing requirements were considered. This proposed rule amendment should not impact local governments revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this rule amendment could lead to increased costs for small business licensed health care facilities as it may result in increased sanctions, however, with all the variables within the survey process and the facility practices, this is an inestimable cost. There are 661 small businesses (NAICS codes used - Homes for the Elderly 623312, Nursing Care Facilities 623110, General Medical/Surgical Hospital 622110, Psychiatric and Substance Abuse Hospitals 622210, Other Hospitals 622310, Home Health 621610, End Stage Renal Disease 621492, and Free Standing Ambulatory Surgical Centers 621493). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this rule amendment will not result in a fiscal impact to other persons because this amendment modifies health care facility requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons because this amendment modifies health care facility requirements and therefore, would not add any compliance costs to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be a fiscal impact to businesses if there is an increase in sanctions for violation of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/43004.htm No. 43003 (Amendment): R432-35. Background Screening -- Health Facilities. SUMMARY OF THE RULE OR CHANGE: This rule amendment modifies this rule to allow fingerprinting of applicants under the age of 18 as per the statute changes from H.B. 89 (2018). It also clarifies the types of deniable charges and convictions to allow direct patient access and makes technical changes that match the current process for background screenings for licensed health care facilities. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state government background screening process was thoroughly reviewed. This proposed rule amendment could lead to fewer staff hours required as applicants under 18 may be fingerprinted which requires staff to process the applicant once instead of twice, however, with all the variables this is an inestimable benefit to the state budget. - LOCAL GOVERNMENTS: Local government city business licensing requirements were considered. This proposed rule amendment should not impact local governments revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this rule amendment could lead to a small benefit for small business licensed health care facilities as it may require less man hours to process background screenings as they will no longer be required to resubmit information once an employee turns 18, however, with all the variables this is an inestimable benefit. There are 553 small businesses (NAICS codes used - Homes for the Elderly 623312, Nursing Care Facilities 623110, Home Health 621610 and End Stage Renal Disease). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this rule amendment will not result in a fiscal impact to other persons because this amendment modifies health care facility requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons because this amendment modifies health care facility requirements and therefore, would not add any compliance costs to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be a fiscal benefit to businesses through a savings of personnel time and effort to process background screenings for employees and applicants for employment with direct access to patient care. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/43003.htm No. 43002 (Amendment): R432-270. Assisted Living Facilities. SUMMARY OF THE RULE OR CHANGE: This amendment is to modify this rule to include the new discharge Ombudsman notification process for licensed assisted living facilities. This amendment was required by H.B. 263 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state government assisted living facility survey process was thoroughly reviewed. This proposed rule amendment could lead to increased health care facility deficiencies, however, with all the variables within the survey process, and the facility practices, this is an inestimable benefit. - LOCAL GOVERNMENTS: Local government city business licensing requirements were considered. This proposed rule amendment should not impact local governments revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this rule amendment could lead to increased costs for small business licensed assisted living facilities as it may result in increased man hours and sanctions, however, with all the variables within the survey process, and the facility practices, this is an inestimable cost. There are 141 small businesses (NAICS codes used - Homes for the Elderly 623312). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this rule amendment will not result in a fiscal impact to persons because this amendment modifies health care facility requirements and therefore, would not add any costs for other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons because this amendment modifies health care facility requirements and therefore, would not add any compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be a fiscal impact to businesses if there is an increase in sanctions for violation of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/43002.htm INSURANCE ADMINISTRATION No. 43000 (Repeal and Reenact): R590-160. Administrative Proceedings. SUMMARY OF THE RULE OR CHANGE: This rule governs the Department's procedures in administrative proceedings under UAPA. Most of these changes do not change current procedures. Instead, these changes make the procedures easier to understand and to comply with. For example, jargon is eliminated, definitions are clarified, rules applicable to representation, appearances and recording hearings are simplified, and pleading requirements are minimized. As to substantive changes, the standard of proof is clarified (preponderance of the evidence) and a burden of proof is established (burden lies with proponent). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. These changes merely update the procedures the Department follows when administering an adjudicative proceeding. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. These changes merely update the procedures the Department follows when administering an adjudicative proceeding. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. These changes merely update the procedures the Department follows when administering an adjudicative proceeding. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. These changes merely update the procedures the Department follows when administering an adjudicative proceeding. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. These changes merely update the procedures the Department follows when administering an adjudicative proceeding. 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 07/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/43000.htm No. 43007 (Amendment): R590-164. Uniform Health Billing Rule. SUMMARY OF THE RULE OR CHANGE: The primary change updates the electronic data interchange standards previously adopted by the Utah Health Information Network (UHIN). UHIN is a nonprofit organization that brings together payers and providers for the efficient processing of claims. The updated standards are already in use by industry. This amendment also includes a change to the new Section R590-164-7 that is being made to reflect the Department's current standard. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. These changes merely bring the rule language in line with current standards in use by the industry. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. These changes merely bring the rule language in line with current standards in use by the industry. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. These changes merely bring the rule language in line with current standards in use by the industry. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. These changes merely bring the rule language in line with current standards in use by the industry. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. The industry already uses these standards and will not need to take any further action. 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 amendment 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 07/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/43007.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 42965 (Amendment): R657-3. Collection, Importation, Transportation, and Possession of Animals. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule: 1) remove the Certification Review Committee from rule, and 2) make technical corrections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendment remove the creation of the Certification Review Committee from this rule. DWR has determined that these amendments will not create any 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 existing budget. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. 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: These amendments remove an internal committee from rule, therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendment remove an internal committee from rule language. DWR has determined that there is no additional compliance costs associated with these amendments. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42965.htm No. 42966 (Amendment): R657-41. Conservation and Sportsman Permits. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) streamline some of the internal processes, and the reporting of expenditures of the conservation permit program; 2) clarify that the permits be initially distributed through a competitive auction to the highest bidder; 3) allow for only one statewide conservation permit per species per year; 4) clarify that any weapon permits are restricted to a single season that the recipient must designate; 5) clarify reporting of retained revenue used for projects including any accrued interest; 6) amend the 90-day allowance for the funds committed to a project to be remitted to 60 days from the date of invoice; 7) clarify that retained revenue and accrued interest must be expended on approved projects or transferred to DWR by September 1 two years following the collection; 8) amend requirements for redundant information to be submitted by conservation groups; 9) require conservation groups to provide DWR with the name of the successful bidder, amount of the winning bid, and date of the event within 10 days of the event; 10) allow, in rule, for the successful bidder to designate the voucher to another person as long as the conservation group is notified, the winning bid amount is not decreased, and an affidavit is signed verifying that they are not profiting from the assignment; 11) clarify that DWR will not issue a conservation permit until the voucher information is received entirely, the recipient possesses a hunting or combination license, pays the permit fee, and is determined to be legally eligible to possess the permit; 12) clarify the same provisions for the Special Antelope Island Conservation Permit; 13) authorize the area conservation permits for turkey to be valid during the youth general season hunts if the holder qualifies as a youth; and 14) make technical corrections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments clarify ambiguity in the current rule but does not change the overall process or purpose of this rule. 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 the amendments only add clarity and consistency to a program that is already established, this filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Since the amendments only add clarity and consistency to a program that is already established, this filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. Nor are small business indirectly impacted because this rule does not create a situation requiring services from them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments simply create more consistency and clarity to an already established program, therefore, these amendments do not have the potential to generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for residents and nonresidents wishing to hunt 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 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42966.htm No. 42967 (Amendment): R657-50. Error Remedy. SUMMARY OF THE RULE OR CHANGE: The modifications to this rule remove DWR's Error Committee from this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Since these amendments only remove the Division Error Committee from this rule, DWR has determined that this does not create a cost or savings impact to the state budget or DWR's budget. - LOCAL GOVERNMENTS: These amendments are removing a committee from rule language. This rule does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These amendments are removing a committee from rule language. This rule does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. 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 rule does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons, because this correction is only clerical in nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since these amendments remove the Division Error Committee from this rule, DWR has determined that there are no additional compliance costs associated with this amendment. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42967.htm No. 42968 (Amendment): R657-53. Amphibian and Reptile Collection, Importation, Transportation and Possession. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule remove the Certification Review Committee from this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments remove an internal committee. The Division of Wildlife Resources (DWR) has determined that by removing the Certification Review Committee from this rule does not create a cost or savings impact to the state budget or DWR's budget. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule amendments remove an internal committee. DWR has determined that removing the Certification Review Committee from this rule does not generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendments remove an internal committee from rule language. DWR has determined that there are no additional compliance costs associated with these amendments. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42968.htm No. 42969 (Amendment): R657-54. Taking Wild Turkey. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to the rule: 1) add definitions for "Fall season permit", "Spring season permit", and "Wild Turkey"; 2) amend firing shot sizes to BB or smaller diameter, and authorize rimfire firearm during the fall season permit; 3) remove Wild Turkey Poaching – Reported Reward Permits from this rule and references it in Rule R657-51; 4) set bag limits for the spring and fall permit; and 5) make technical corrections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments clarify existing rule language, it does not make any changes to the process or employee workload, therefore, the Division of Wildlife Resources (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 amendments will only impact the individual sportsmen wishing to participate in turkey hunting and have no impact on the local governments, DWR finds that 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: Since these amendments will only impact the individual sportsmen wishing to participate in turkey hunting and have no impact on small businesses, DWR finds that this filing does not create any direct cost or savings impact to small businesses. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments clarify existing rule language and authorize an increased opportunity in the possession of a wild turkey permit, therefore, it does have the potential to generate a cost or savings impact to sportsmen or other persons wishing to possess three fall turkey permits instead of two. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that this amendment could create additional costs for those who wish to possess an additional fall wild turkey permit. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42969.htm No. 42970 (Amendment): R657-55. Wildlife Expo Permits. SUMMARY OF THE RULE OR CHANGE: These proposed revisions to this rule: 1) harmonize the contract application and renewal process to be consistent with State procurement code; 2) clarify that DWR has authority to terminate the contract in interest of wildlife conservation, management issues, or compliance with law; 3) specify that expo permit applicants would be eligible to receive only one expo permit each year, when multiple permits are drawn, the successful applicant would need to select a permit within two business days; 4) clarify that accrued interest on application handling fee revenue dedicated to funding projects be used for projects; 5) amend the 90-day allowance for the funds committed to a project to be remitted to 60 days from the date of invoice; 6) clarify that application handling fee revenue dedicated to funding projects must be expended on approved projects or transferred to the division by August 1, two years following collection; 7) amend requirements for redundant information to be submitted by the expo contractor; and 8) make technical corrections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments clarify already established procedures that will allow one or more groups to hold the exposition and add requirements to be included with the yearly audit. 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 amendments only clarify current requirements for reporting in a policy that has already been established and followed, this should have little to no effect on local governments. This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Since these amendments only clarify current requirements for reporting in a policy that has already been established and followed, this should have little to no effect on small businesses. This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments place in rule clarifications for the procedures for the revenue generated by the expo application fees, it does not have the potential to increase the cost to individuals. Therefore, these amendments do not have the potential to generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for those participating in the wildlife exposition. Therefore, these rule amendments do not create a cost or savings impact to individuals. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42970.htm No. 42971 (Amendment): R657-56. Recreational Lease of Private Lands for Free Public Walk-in Access. SUMMARY OF THE RULE OR CHANGE: These amendments remove the Walk-in Access Advisory Committee from this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This is an existing program and the associated costs have been funded with monies from existing funding sources. Therefore, the Division of Wildlife Resources (DWR) has determined that this rule does not create a cost or savings impact to the state budget or DWR's budget. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments remove an internal committee from rule, therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendments remove an internal committee from rule language. DWR has determined that there is no additional compliance costs associated with this amendment. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42971.htm No. 42972 (Amendment): R657-57. Division Variance Rule. SUMMARY OF THE RULE OR CHANGE: These amendments remove the Division Variance Committee from this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendment remove the creation of the Division Variance Committee from this rule. The Division of Wildlife Resources (DWR) has determined that these amendments will not create any 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: This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments remove an internal committee from this rule, therefore, this rule does not impose any additional financial requirements on other persons, nor generate a cost or saving impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendments remove an internal committee from rule language. DWR has determined that there is no additional compliance costs associated with these amendments. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42972.htm No. 42973 (Amendment): R657-62. Drawing Application Procedures. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to: 1) add language from Rule R657-55 concerning waiting periods for Expo permits; 2) add "limited entry" designation to restricted bear pursuit permits; 3) add the requirement for a hunter to possess a valid hunting or combination license in order to apply for Sandhill Crane, Sharp-tailed Grouse, Greater Sage Grouse and Swan permits; 4) allow for youth group applications for Turkey, Sandhill Crane, Sharp-tailed and Greater Sage Grouse; and 5) make technical corrections as needed. (EDITOR'S NOTE: The proposed amendment to Rule R657-55 is under Filing No. 42970 in this issue, July 1, 2018, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments incorporate language from another rule and add a requirement for the purchasing of a hunting or combination license prior to applying in the species public draw, it does not create a cost or savings to DWR. Therefore, DWR has determined that these amendments will not create any 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 amendments only incorporate other rule language and the hunting license requirement does not impact local governments, it does not create any direct cost or savings impact to local governments since they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Since these amendments only incorporate other rule language and the hunting license requirement does not impact small businesses, it does not create any direct cost or savings impact to small businesses since they are not directly affected by this rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments will add the requirement to possess a valid hunting or combination license prior to applying for Swan, Sandhill Crane, Sharp-tailed Grouse, or Greater Sage grouse. Historically, DWR receives on average upwards of 8,000 applications for these species, this past year 1,800 applicants would not have met the requirement and would have had to purchase a license prior to applying. It is difficult to estimate the number of applications each year for any given species but it is expected that 1,000 to 1,500 applicants in the upcoming years would have to purchase a license. The licenses are valid for 365 days. Therefore, DWR determines that it could generate a cost or savings impact to other persons wanting to participate in hunting these species. The total estimated increase for the purchase of 1,500 combination licenses would be $57,000 per year, however, that number could fluctuate based on whether the applicants are youth, residents, or non-residents. The estimate was based off of adult resident applications since their is no way to accurately assume how many youth or nonresidents would apply each year. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments could create a cost or savings impact to individuals who wish to participate in Swan, Sandhill Crane, Sharp-tailed Grouse, or Greater Sage Grouse hunting 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 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42973.htm No. 42974 (Amendment): R657-64. Predator Control Incentives. SUMMARY OF THE RULE OR CHANGE: These rule amendments: 1) require the issuance of a Certificate of Registration to participate; 2) set the standards for sample conditions of the coyote; 3) allow for altering the payments based on budget; and 4) authorize the use of an electronic application to track the coyote harvests. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments streamline the process and alleviate the opportunity for fraudulent claims, the Division of Wildlife Resources (DWR) has determined that these amendments will not create any cost or savings impact to the state budget or DWR's budget, and will be carried out with the money allocated by the State Legislature under the Mule Deer Protection Act. - LOCAL GOVERNMENTS: These rule amendments streamline the process and alleviate the opportunity for fraudulent claims, DWR has determined that these amendments will not create any cost or savings impact to local governments and will be carried out with the money from the Mule Deer Protection Act. - SMALL BUSINESSES: These rule amendments streamline the process and alleviate the opportunity for fraudulent claims, DWR has determined that these amendments will not create any cost or savings impact to small businesses and will be carried out with the money from the Mule Deer Protection Act. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since these rule amendments allow DWR to track coyote harvest with the use of an electronic application and allow for flexibility with payments to ensure the program stays within budget, DWR has determined this filing will create a direct cost or savings impact to other persons who participate in the program during the years that the payment is decreased. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these rule amendments will create a cost or savings impact to individuals in Utah during the years that the payment is decreased. 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42974.htm No. 42975 (Amendment): R657-69. Turkey Depredation. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to set and clarify what permits count in the possession limit and which ones do not, it also authorizes the use of rimfire firearms as legal weapons. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments set in rule which permits count in the possession limit and allows for a new weapon type, the Division of Wildlife Resources (DWR) has determined that these amendments will not create any 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: Local governments will not be directly or indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Small businesses will not be directly or indirectly impacted because this rule does not create a situation requiring services from them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since these amendments only clarify the criteria for wild turkey depredation permits and allow for a new weapon type and does not incur an additional cost to participate, this filing does not have the potential to create a direct cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create a cost or savings impact to individuals in Utah wishing to participate in the Turkey Depredation 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 07/31/2018 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: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42975.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 42945 (Amendment): R850-6-200. Definitions. SUMMARY OF THE RULE OR CHANGE: Under Section R850-6-200, the agency's field offices have been removed as locations where records coordinators can be found, and where records access requests by the public may be submitted. All records access requests made by the public should only be submitted to the records officer in the Salt Lake office. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendment to this rule will not affect the state budget in any manner as it is for housekeeping purposes only. - LOCAL GOVERNMENTS: The amendment to this rule will not affect local governments in any manner as it is for housekeeping purposes only. - SMALL BUSINESSES: The amendment to this rule will not affect small businesses in any manner as it is for housekeeping purposes only. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendment to this rule will not affect persons other than small businesses, businesses, or local government entities as it is for housekeeping purposes only. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendment to this rule will not create any compliance costs for affected persons as it is for housekeeping purposes only. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact on businesses as a result of this rule amendment as it simply changes the location where records access requests should be submitted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - David Ure by phone at 801-538-5101, by FAX at 801-538-5118, or by Internet E-mail at dure@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42945.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 31, 2018. From the end of the 30-day waiting period through October 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. ENVIRONMENTAL QUALITY AIR QUALITY No. 42676 (Change in Proposed Rule): R307-101-2. Definitions. SUMMARY OF THE RULE OR CHANGE: Added the text, "the Administrator of the EPA has approved" and "which" in subsection (1) of the PM2.5 Precursor definition. EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the April 1, 2018, issue of the Utah State Bulletin, on page 41. 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 change in proposed rule could have a fiscal impact on state government revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analyses must be completed. - LOCAL GOVERNMENTS: This change in proposed rule is not expected to have any fiscal impact on local governments' revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analyses must be completed. - SMALL BUSINESSES: This change in proposed rule is not expected to have any fiscal impact on small businesses' revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analyses must be completed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change in proposed rule could have a fiscal impact on other individual's revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analyses must be completed. COMPLIANCE COSTS FOR AFFECTED PERSONS: This change in proposed rule is not expected to have any fiscal impact on individual persons. However, any fiscal cost or benefit is inestimable at this time because further studies and analyses regarding ammonia emission must be completed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Due to further research and analyses regarding ammonia emissions and PM2.5 precursors, the fiscal impact on businesses is currently inestimable. Upon completion of ongoing ammonia models and a thorough Best Available Control Technology analysis, the Division of Air Quality will be able to provide an accurate fiscal impact analysis on businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42676.htm No. 42675 (Change in Proposed Rule): R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas. SUMMARY OF THE RULE OR CHANGE: In Section R307-403-1, changed text to specify which portion of this rule supplements permitting requirements. Additionally, added text clarifying EPA's role in approving demonstrations satisfying 40 CFR 51.1006(a)(3). In Section R307-403-2, corrected incorrect text, clarified yearly duration by adding the word "calendar" to the text, clarified precursor by adding the word "individual" to the text, amended text to ensure more comprehensive application of NNSR requirements, "shall trigger offset requirements" was stricken and replaced with language that applies "the requirements of R307-403" to potential increases of nitrogen oxides, sulfur dioxide, and PM2.5 precursors. In Section R307-403-3, clarifies language by revising text to read: "the restrictions on new or modified sources identified in 40 CFR 52.24 are not applicable." In Section R307-403-4, the text was added to ensure emission offsets must be surplus, permanent, quantifiable, and federally enforceable as indicated in 40 CFR 50.165. Additionally, the following statement was added to the end of the paragraph: "Offsets may not be traded between pollutants, except as required only to satisfy R307-403-5(1) where it pertains to emission increases that are not considered major for PM10 or a PM10 precursor." In Section R307-403-5, text was amended to provide additional clarification, reorganized for easier use by reader, and clarifies 1 - 1 ratio requirements and rounding of measurements to meet that ratio. Additionally, multiple revisions were made to distinguish between offsetting ratios for emission increases greater than 50 tpy and emission increases between 25 - 50 tpy. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the April 1, 2018, issue of the Utah State Bulletin, on page 50. 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 change in proposed rule could have a fiscal impact on state government revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analyses must be completed. - LOCAL GOVERNMENTS: This change in proposed rule is not expected to have any fiscal impact on local governments revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analyses must be completed. - SMALL BUSINESSES: This change in proposed rule is not expected to have any fiscal impact on small businesses' revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analyses must be completed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change in proposed rule could have fiscal impact on other individual's revenues or expenditures, but any fiscal cost or benefit is inestimable at this time because further studies and analyses must be completed. COMPLIANCE COSTS FOR AFFECTED PERSONS: This change in proposed rule is not expected to have any fiscal impact on individual persons because this rule focuses on emissions from point sources. However, any fiscal cost or benefit is inestimable at this time because further studies and analyses must be completed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Due to further research and analysis regarding ammonia emissions and PM2.5 precursors, the fiscal impact on businesses is currently inestimable. Upon completion of ongoing ammonia models and a thorough Best Available Control Technology analysis, the DAQ will be able to provide an accurate fiscal impact analysis on businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42675.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G-3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 42964 (Emergency Rule): R426-3. Licensure. SUMMARY OF THE RULE OR CHANGE: This change removes the amendments to Rule R426-3 which were made effective on 04/19/2018. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Past amendments were not properly noticed prior to a statutory committee approval. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No anticipated costs or benefits to the state budget. This emergency rule does not require the state to perform any additional processes for licensing EMS providers. - LOCAL GOVERNMENTS: This emergency rule will benefit three cities that are currently performing ambulance transports from hospital by an estimated $1,200,000 due to their ability to respond to hospitals via the 911 system. - SMALL BUSINESSES: This emergency rule will not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This emergency rule will not affect other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected other persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule was amended in 04/19/2018. However, the changes to this rule approved by the EMS Committee without correctly following the Open and Public Meetings Act. Therefore, the Committee is making effective the prior version of this rule until it can come comply with the Open and Public Meetings Act in discussing whether or not to make changes to this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov EFFECTIVE: 06/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42964.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. EDUCATION ADMINISTRATION No. 42956 (5-year Review): R277-406. K-3 Reading Improvement Program and the State Reading Goal. 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 the Board to develop rules for implementing the K-3 Reading Improvement Program. 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: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42956.htm No. 42957 (5-year Review): R277-525. Special Educator Stipends. 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 standards and procedures for distributing money appropriated for stipends for special educators for additional days of work: 1) in recognition of the added duties and responsibilities assumed by special educators to comply with federal law regulating the education of students with disabilities; and 2) the need to attract and retain qualified special educators. 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: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42957.htm No. 42958 (5-year Review): R277-617. Smart School Technology Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides criteria and procedures for the Board to select schools to participate in the Smart School Technology Program. 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: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42958.htm ENVIRONMENTAL QUALITY ADMINISTRATION No. 42979 (5-year Review): R305-4. Clean Fuels and Vehicle Technology Fund Grand and Loan Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides loans and grants for purchase of clean fuel refueling equipment for private sector business vehicles or government vehicles. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jenny Potter by phone at 801-536-0095, or by Internet E-mail at jmpotter@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42979.htm HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 42951 (5-year Review): R384-201. School-Based Vision Screening for Students in Public Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R384-201 is recommended as it is required by statute and creates a uniform standard for vision screening students in Utah public schools. DIRECT QUESTIONS REGARDING THIS RULE TO: - BettySue Hinkson by phone at 801-538-6814, or by Internet E-mail at bhinkson@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42951.htm DISEASE CONTROL AND PREVENTION, IMMUNIZATION No. 42947 (5-year Review): R396-100. Immunization Rule for Students. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: One of the important reasons for requiring school vaccinations is to ensure that children and adults in school and day care group environments are protected from vaccine preventable diseases. All states have school immunization requirements and they are a highly effective public health measure in ensuring against vaccine preventable diseases. This rule also allows the option for those with a philosophical, religious, or medical reason to obtain an exemption from the requirement. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rich Lakin by phone at 801-538-3905, or by Internet E-mail at rlakin@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42947.htm INSURANCE ADMINISTRATION No. 42984 (5-year Review): R590-247. Universal Health Insurance Application 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 has made it possible for an individual to complete and submit a single application for individual health insurance to multiple health insurance companies, instead of completing an application for each company. It saves time and effort for insurers and insureds alike. 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: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42984.htm NATURAL RESOURCES PARKS AND RECREATION No. 42989 (5-year Review): R651-601. Definitions as Used in These Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Utah State Parks and Recreation rules provide protection to park visitors and park resources. The definitions clarify several key words within the rules. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42989.htm No. 42990 (5-year Review): R651-602. Aircraft and Powerless Flight. 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 enhances safety for park visitors and property. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42990.htm No. 42946 (5-year Review): R651-603. Animals. 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 in place to protect state parks and park property from misuse or damage, and to preserve peace within the state parks to provide a more positive experience for visitors. This rule provides for health and safety of park visitors against unattended animals, dangerous animals, other animals, and wildlife. It also protects wildlife within state parks. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42946.htm No. 42948 (5-year Review): R651-604. Audio Devices. 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 in place to preserve peace within the state parks in order to provide a more positive experience for visitors and to set perimeters for use of a public address system within a state park. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42948.htm No. 42949 (5-year Review): R651-605. Begging and Soliciting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Begging and soliciting are prohibited in order to protect visitors from unwanted solicitation and begging, and to protect park property from littering that may occur as a result of soliciting. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42949.htm No. 42950 (5-year Review): R651-606. Camping. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Division of Utah State Parks and Recreation has the duty to protect the state parks and park property from misuse or damage. This rule also protects visitors within state parks who have made reservations of a site and guarantees specific use of such sites and facilities. It stipulates quiet hours so that a camping experience can be an enjoyable one. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42950.htm No. 42952 (5-year Review): R651-607. Disorderly Conduct. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Division has the duty to protect state parks and park property from misuse or damage. It also protects visitors within state parks by eliminating disorderly conduct and allowing employees of the Division who are POST-certified peace officers to enforce rules for the protection of the state parks and park property from misuse or damage and to preserve the peace within state parks. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42952.htm No. 42953 (5-year Review): R651-608. Events of Special Uses. 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 created to provide a fair way for public or private entities to participate in a commercial activity or scheduled event on state park property through a permitting process. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42953.htm No. 42954 (5-year Review): R651-609. Explosives and Fireworks. 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 was created to protect state park visitors and resources. This rule allows employees of the Division who are POST- certified peace officers to enforce rules for the protection of state park visitors and park property. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42954.htm No. 42955 (5-year Review): R651-610. Expulsion. 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 allows for expulsion of visitors who are in violation of any rules promulgated under Section 79-4-304. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42955.htm No. 42959 (5-year Review): R651-613. Fires. 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 designates appropriate use of fire within state parks and provides for the protection of visitors and park resources. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42959.htm No. 42960 (5-year Review): R651-614. Fishing, Hunting and Trapping. 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 makes wildlife laws applicable and designates hunting for specific game and waterfowl within the state parks. This rule also provides protection for park visitors and park resources, and prohibits trapping except when authorized by permit from a park manager. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42960.htm No. 42961 (5-year Review): R651-615. Motor Vehicle Use. 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 designates protection for state park resources and visitors. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42961.htm No. 42981 (5-year Review): R651-616. Organized Sports. 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 was created to protect state park visitors and resources. It allows employees of the Division of Utah State Parks and Recreation who are POST-certified peace officers to enforce rules for the protection of state park visitors and park property. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42981.htm No. 42982 (5-year Review): R651-617. Permit Violation. 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 a way to protect against fraudulent permits or misuse of a park annual pass. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42982.htm No. 42983 (5-year Review): R651-618. Picnicking. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes areas that are appropriate and suitable for picnicking withing state parks. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42983.htm No. 42985 (5-year Review): R651-619. Possession of Alcoholic Beverages or Controlled Substances. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes areas that are appropriate for alcohol consumption within a state park. Park rangers have authority to enforce rules for the protection of the state parks and park resources, and to enforce them to preserve the peace within the state parks. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42985.htm No. 42986 (5-year Review): R651-620. Protection of Resources Park System Property. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes that offenses against capital improvements, and natural and cultural resources will normally be handled through Utah Criminal Code. It addresses such things as trespass; tossing, throwing, or rolling of rock and other materials within the state parks; as well as collecting or cutting firewood. It prohibits use of glass containers in posted areas such as beaches and states that metal detecting is prohibited without a permit. This rule protects park property and resources, as well as park visitors. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42986.htm No. 42987 (5-year Review): R651-621. Reports of Injury or Damage. 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 protects parks visitors and provides a process for reporting incidents that involve personal injury or damage to property, public or private. It also protects park cultural and natural resources. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42987.htm No. 42988 (5-year Review): R651-630. Unsupervised Children. 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 protection of children by providing a requirement for adult supervision for those under age 16. It allows employees of the Division who are POST-certified peace officers to serve civil process with regards to misuse of the state parks and park resources as well. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42988.htm FORESTRY, FIRE AND STATE LANDS No. 42977 (5-year Review): R652-7. Public Petitions for Declaratory Orders. 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 authorizes the Division to provide the procedures for submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes, rules, and orders governing, or issued by, the agency. Therefore, this rule should be continued. 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 EFFECTIVE: 06/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42977.htm No. 42978 (5-year Review): R652-110. Off-Highway Vehicle Designations. 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 implements Section 41-22-10.1 which requires off- highway vehicle (OHV) use designation on lands administered by the Division. This rule sets forth the OHV use categories, method of designating OHV use, and the Director's authority with regard to OHV use. Therefore, this rule should be continued. 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 EFFECTIVE: 06/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42978.htm PUBLIC SAFETY DRIVER LICENSE No. 42980 (5-year Review): R708-49. Temporary Identification Card. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: If an applicant needs additional time to gather required documents, a six-month temporary identification card may be issued. This rule is still required in Section 53-3-104 for the Division to make rules for examining and acceptable documentation of an applicants identity, Social Security number and resident status, proof of citizenship in the United States, honorable or general discharge from the United States military, and other proof or documentation required to qualify for an identification card. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 06/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180701/42980.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42778 (AMD): R156-11a.Cosmetology and Associated Professions Licensing Act Rule Published: 05/01/2018 Effective: 06/07/2018 No. 42785 (AMD): R156-71.Naturopathic Physician Practice Act Rule Published: 05/01/2018 Effective: 06/07/2018 EDUCATION ADMINISTRATION No. 42800 (AMD): R277-477.Distributions of Funds from the Interest and Dividends Account and Administration of the School LAND Trust Program Published: 05/01/2018 Effective: 06/07/2018 No. 42803 (AMD): R277-493.Kindergarten Supplemental Enrichment Program Published: 05/01/2018 Effective: 06/07/2018 No. 42804 (NEW): R277-523.Teacher Salary Supplement Program Published: 05/01/2018 Effective: 06/07/2018 No. 42806 (AMD): R277-533.District Educator Evaluation Systems Published: 05/01/2018 Effective: 06/07/2018 No. 42805 (REP): R277-725.Electronic High School Published: 05/01/2018 Effective: 06/07/2018 No. 42801 (AMD): R277-801.Services for Students who are Deaf, Hard of Hearing, Blind, Visually Impaired, and Deafblind Published: 05/01/2018 Effective: 06/07/2018 ENVIRONMENTAL QUALITY AIR QUALITY No. 42673 (AMD): R307-110-12.Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide Published: 04/01/2018 Effective: 06/07/2018 HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 42283 (NEW): R384-210.Co-prescription Guidelines -- Reporting Published: 11/15/2017 Effective: 06/07/2018 No. 42283 (CPR): R384-210.Co-prescription Guidelines -- Reporting Published: 02/15/2018 Effective: 06/07/2018 LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 42786 (AMD): R612-100-4.Designation as Informal Proceedings Published: 05/01/2018 Effective: 06/07/2018 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/ . <> ----------------------------