---------------------------- Utah State Digest, Vol. 2018, No. 14 (July 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed June 16, 2018, 12:00 AM through July 2, 2018, 11:59 PM Volume 2018, No. 14 July 15, 2018 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for August 2018 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/sn160393.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Calling the Sixty-Second Legislature Into the Ninth Extraordinary Session, Utah Proclamation No. 2018-9E - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2018/ExecDoc160394.htm Wildland Fire Management, Utah Exec. Order No. 2018-4 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2018/ExecDoc160443.htm NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between June 16, 2018, 12:00 a.m., and July 2, 2018, 11:59 p.m. are summarized in this, the July 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the July 15, 2018, issue of the Utah State Bulletin until at least August 14, 2018 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through November 12, 2018, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43015 (Amendment): R156-38a. Residence Lien Restriction and Lien Recovery Fund Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-38a-102, this change deletes unnecessary language which requires online and public availability of the affidavit form. In Section R156-38a-202a, based on H.B. 310 (2018), the Utah Legislature eliminated the initial assessments for contractors to the Lien Recovery Fund (LRF). As a result, this rule change deletes this provision concerning the initial assessments. In Section R156-38a-202b, based on H.B. 310 (2018), the Utah Legislature eliminated the special assessments for contractors to the LRF. As a result, this rule change deletes this provision concerning the special assessments. In Section R156-38a-301a, these nonsubstantive technical changes clarify the updated contractor classifications. Additionally, Subsections R156-38a-301a(2) and R156-38a-301a(3) are deleted because no special assessment may be assessed based on H.B. 310 (2018). Section R156-38a-302 is deleted based on H.B. 310 (2018) elimination of the special assessment, as the special assessment is no longer a prerequisite to renewal or reinstatement of licensure. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: First, the legislative analyst for H.B. 310 (2018) estimated that implementation of H.B. 310 would result in zero fiscal impact. This is because the LRF is used to pay claims under the LRF program and to pay for administrative costs. As a result, elimination of the assessment merely caps the total funds available for claims to be paid and does not impact the state budget otherwise. Obviously, once the LRF is depleted the LRF will no longer be able to meet its current statutory obligations to pay claims. Second, no state agencies shall be directly or indirectly affected by these rule changes because the proposed changes will not result in any significant increase or decrease in administrative costs or revenue compared to the currently anticipated costs and revenues. Accordingly, this rule is not expected to impact the state beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) approximately $75 to print and distribute the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: Local governments will neither enforce nor be affected by the processes and requirements implemented by this rule, nor will local governments be indirectly impacted because none of these amendments create a situation requiring services from local governments. Therefore, no cost or savings to local governments are anticipated. - SMALL BUSINESSES: These proposed amendments only conform this rule to practices required by H.B. 310 (2018), so these changes will not impact small businesses any more than the enrolled bill, which already has a fiscal note (available online at https://le.utah.gov/~2018/bills/ static/HB0310.html). Because of the statutory changes and this rule which is required as a result of those changes, the only quantifiable impact small businesses will encounter is a savings of $195 for every new contractor license applicant that applies for a classification that previously required LRF assessment. This includes most contractor license applications. As this was a one-time initial assessment fee at initial licensure and as special assessments have been eliminated with H.B. 310, the small businesses that will save will be any new applicants for contractor licensing after 05/08/2018 and the amount saved will be $195 per applicant. Currently, most contractor license applicants, except for certain classifications, are required to pay the one-time initial LRF assessment of $195 per license. With an average of 20 to 30 new initial business contractor applications per working day, most of which require the LRF assessment, the estimated savings for all applicants will be approximately $1,365,000 per year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no perceivable or quantifiable impact of these rule amendments on other persons, other than those noted above, because these proposed changes only conform the rule to practices required by H.B. 310 (2018). COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for any affected persons because these proposed changes only conform the rule to practices required by H.B 310 (2018). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of these rule changes is to make substantive changes to comply with H.B. 310 (2018), and to adopt other technical changes as approved by the Residence Lien Recovery Board. The legislative analyst for H.B. 310 (2018) estimated that implementation of H.B. 310 would result in zero fiscal impact. This is because the LRF is used to pay claims under the LRF program and to pay for administrative costs. As a result, elimination of the assessment merely caps the total funds available for claims to be paid and does not impact the state budget otherwise. Obviously, once the LRF is depleted the LRF will no longer be able to meet its statutory obligations to pay claims. These proposed amendments conform this rule to H.B. 310 (2018), so these changes will not impact small businesses any more than the enrolled bill, which already has a fiscal note (available online at at https://le.utah.gov/~2018/bills/ static/HB0310.html). The only quantifiable impact small business will encounter is a savings of $195 for every new contractor license applicant that previously required LRF assessment. This includes most contractor license applications. As this was a one-time initial assessment fee at initial licensure and as special assessments have been eliminated with H.B. 310, the small businesses that will experience savings will be any new applicant for contractor licensing after 05/08/2018, and the amount saved will be $195 per applicant. Currently, most contractor license applicants are required to pay the one-time initial LRF assessment of $195 per license. With an average of 20 to 30 new initial business contractor applications per work day (most of which have required the LRF assessment), the estimated savings for all applicants will be approximately $1,365,000 per year. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Rogers by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at crogers@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/08/2018 08:30 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43015.htm No. 43017 (Amendment): R156-42a. Occupational Therapy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: The Division of Occupational and Professional Licensing (Division) and Board propose deleting Section R156-42a-302b as unnecessary because it simply repeats the statutory language of Subsections 58-42a-302(1)(d) and (2)(d). In Section R156- 42a-302d, these proposed amendments update the section to more clearly conform the stated exam requirements to the language of Subsections 58- 42a-302(1)(f) and (2)(f), and to clarify that the Division will accept certification exams that were administered by a National Board for Certification in Occupational Therapy (NBCOT) predecessor organization. In Section R156-42a-303, as allowed by Subsection 58-1-308(5)(a)(ii)(B), these proposed amendments to this section will allow former Utah licensees whose licenses expired while active and in good standing, easier re-entry into practice by extending their reinstatement period from two years to five years. If these former licensees meet continuing education and certain other requirements, they may apply for reinstatement instead of being required to submit a new application for licensure, complete with all supporting documents as is required of an individual making an initial application for license, and demonstrating they meet all current qualifications for licensure. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Deleting Section R156-42a-302b, and amending Section R156-42a-302d as proposed, will only clarify existing licensure requirements, so none of these proposed changes are expected to impact state government revenues or expenditures. These proposed amendments to Section R156-42a-303 may indirectly benefit some state agencies acting as businesses who employ OTs or OTAs, if these state agencies are able to more easily hire one or more experienced OTs or OTAs who have been able to reinstate their license and enter into practice. The full fiscal and non-fiscal impacts on these state agencies cannot be estimated because the data necessary to determine how many such licensees might be hired is unavailable, and because the benefits the state agencies may experience from any resulting employment will vary widely depending on the requirements of the agencies and the individual characteristics of each OT or OTA. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of approximately $75 to print and distribute the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: Deleting Section R156-42a-302b, and amending Section R156-42a-302d as proposed, will only clarify existing licensure requirements, so none of these proposed changes will alter the price or quantity of any exchanges between any parties. Accordingly, these amendments are not expected to impact local governments revenues or expenditures. These proposed amendments to Section R156-42a-303 may indirectly benefit local government entities acting as businesses who employ OTs or OTAs, if these entities are able to more easily hire one or more experienced OTs or OTAs who have been able to reinstate their license and enter into practice. The full fiscal and non-fiscal impacts on these local government entities cannot be estimated because the data necessary to determine how many such licensees might be hired is unavailable, and because the benefits the local government entities may experience from any resulting employment will vary widely depending on the requirements of the entities and the individual characteristics of each OT or OTA. - SMALL BUSINESSES: Deleting Section R156-42a-302b, and amending Section R156-42a-302d as proposed, will only clarify existing licensure requirements, so none of these proposed changes will alter the price or quantity of any exchanges between any parties. Accordingly, these amendments are not expected to impact small business revenues or expenditures. There are approximately 315 offices of specialty therapists in Utah that employ Occupational Therapy Assistants and Occupational Therapists in Utah, many of which offer occupational therapy services (NAICS 621340). These proposed amendments to Section R156-42a- 303 may directly benefit small businesses owned by experienced OTs re- entering into practice, who may operate as private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others. These proposed amendments may also indirectly benefit these small businesses offering OT services if they are able to more easily hire one or more experienced OTs or OTAs. However, the full fiscal and non-fiscal benefits to these small businesses cannot be estimated because the data necessary to determine how many of the licensees returning to practice might operate small businesses of their own or be hired by small businesses is unavailable; and further, the resulting employment will vary widely depending on the nature of each small business and the individual characteristics of each OT or OTA. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Deleting Section R156-42a-302b, and amending Section R156-42a- 302d as proposed, will only clarify existing licensure requirements, so none of these proposed changes will alter the price or quantity of any exchanges between any parties. Accordingly, these amendments are not expected to impact other persons. These proposed amendments will allow easier re-entry into practice for persons formerly licensed as an OT or OTA in Utah whose license expired while active and in good standing. These amendments to Section R156-42a-303 will benefit these and future experienced OTs and OTAs who choose to re-enter into practice; however, the full fiscal and non-fiscal benefits for these persons cannot be estimated because the resulting employment will vary substantially depending on the individual choices and characteristics of each OT or OTA. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments are not expected to impose any additional compliance cost on any affected person because these amendments only clarify existing requirements for licensure and are expected to result in positive fiscal impacts. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments to Sections R156-42a-302, R156- 42a-302d, and R156-42a-303 remove unnecessary repetition in this rule of education requirements that are already listed in the Utah Code, clarify the examination requirements for licensure, and provide easier practice re-entry through a reinstatement option for certain previously licensed OTs and OTAs. Deleting Section R156-42a-302b, and amending Section R156- 42a-302d as proposed, will only clarify existing licensure requirements, so none of these proposed changes will alter the price or quantity of any exchanges between any parties. Accordingly, these amendments are not expected to impact small businesses revenues or expenditures. There are approximately 315 offices of specialty therapists in Utah that employ OTAs and OTs, many of which offer occupational therapy services (NAICS 621340). These proposed amendments to Section R156-42a-303 may directly benefit small businesses owned by experienced OTs re-entering into practice, who may operate as private or group practices in their own offices (e.g. centers or clinics) or in the facilities of others. These proposed amendments may also indirectly benefit these small businesses offering OT services if they are able to more easily hire one or more experienced OTs or OTAs. However, the full fiscal and non-fiscal benefits to these small businesses cannot be estimated because the data necessary to determine how many of the licensees returning to practice might operate small businesses of their own or be hired by small businesses is unavailable; and furthermore, the resulting employment will vary widely depending on the nature of each small business and the individual characteristics of each OT or OTA. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/31/2018 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43017.htm REAL ESTATE No. 43012 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: This proposed rule amendment includes: in Section R162-2f-200, amending and clarifying the definition of owner for purposes of exemption from the requirements of the Real Estate Licensing and Practices Act; in Section R162-2f-202b, amending and clarifying the manner and content of qualifying experience points to be submitted to the Division by an applicant for licensure as a real estate broker; in Section R162-2f-401f, bringing up to date the date of approval of two lead-based paint forms approved for use by licensees; in Section R162-2f-401j, correcting a reference citation; and in Section R162-2f- 501, amending and clarifying the manner and content of qualifying experience points to be submitted to the Division of Real Estate by an applicant for licensure as a real estate broker. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division has the staff and budget in place to administer this proposed amendment. One of the purposes of this proposed rule amendment is to amend and clarify the definition of owner for purposes of exemption from the licensing requirements of the Real Estate Licensing and Practices Act. An owner of real property is already exempt from the licensing requirements of the Real Estate Licensing and Practices Act. Another purpose of this proposed rule amendment is to amend and clarify the manner and number of documented experience points that a broker applicant may submit to the Division. It is expected that this proposed amendment will tend to lower the number of hours that Division staff will devote to reviewing the experience of an applicant to determine the applicant's qualification for licensure. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact, affect those resources, or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with, or enforce, the Real Estate Licensing and Practices rules. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to local governments. - SMALL BUSINESSES: There is a large but unknown number of small businesses that own real property in the state of Utah. An owner of real property is exempt from the licensing requirements of the Real Estate Licensing and Practices Act. This proposed rule amendment does not create new obligations for an owner of real property nor does it increase the cost associated with any existing obligation. There are approximately 14,250 licensed real estate sales agents in the state. Any one of these sales agents may apply for licensure as a broker at some point in the future. This proposed rule amendment does not create new obligations for a broker applicant nor does it increase the cost associated with any existing obligation. This proposed amendment would simply amend and clarify the manner and content of qualifying experience points to be submitted to the Division by an applicant for licensure as a real estate broker. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is a large but unknown number of persons other than small businesses, businesses, or local government entities that own real property in the state of Utah. An owner of real property is exempt from the licensing requirements of the Real Estate Licensing and Practices Act. This proposed rule amendment does not create new obligations for an owner of real property nor does it increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to persons other than small businesses, businesses, or local government entities that own real property in the state of Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is a large but unknown number of persons who own real property in the state of Utah. An owner of real property is exempt from the requirements of the Real Estate Licensing and Practices Act. This proposed rule amendment does not create new obligations for an owner of real property nor does it increase the cost associated with any existing obligation. There are approximately 14,250 licensed real estate sales agents in the state. Any one of these sales agents may apply for licensure as a broker at some point in the future. This proposed rule amendment does not create new obligations for a broker applicant nor does it increase the cost associated with any existing obligation. This proposed amendment would simply amend and clarify the manner and content of qualifying experience points to be submitted to the Division by an applicant for licensure as a real estate broker. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None of the foregoing amendments will result in a fiscal impact to small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43012.htm No. 43011 (Amendment): R162-2g. Real Estate Appraiser Licensing and Certification Administrative Rules. SUMMARY OF THE RULE OR CHANGE: In Section R162-2g-304a, for state- licensed appraiser, this amendment reduces appraiser experience hours from 2,000 to 1,000; reduces the minimum time for accrual of experience from 12 months to 6 months for experience from appendices 1 and 2 and from 24 months to 12 months for experience from appendix 3; and reduces the amount of college education required. In Section R162-2g-304b, state-certified residential appraiser, this amendment reduces appraiser experience hours from 2,500 to 1,500; for applicants submitting experience from appendices 1 and 2, reduces the minimum time for accrual of experience from 24 months to 6 months; for applicants submitting experience from appendix 3, reduces the minimum time for accrual of experience from 36 months to 12 months; and reduces the amount of college education required. In Section R162-2g-304c, state-certified general appraiser, this amendment reduces the minimum time for accrual of experience from 30 months to 12 months for experience from appendices 1 and 2 and from 42 months to 18 months for experience from appendix 3; requires 1,500 experience hours be derived from non-residential appraisal experience; reduces the application fee for a state-certified residential appraiser who submits an application for certified-general status within 6 months of renewing the certification. In Section R162-2g-304d, this amendment eliminates a restriction of experience hours for an appraisal where only an exterior inspection is performed; changes the restriction from 250 hours to 50% for experience hours for the appraisal of vacant land; and establishes minimum experience hours for mass appraisal experience. In Section R162-2g-311, this amendment corrects typographical errors. In Section R162-2g-502a, this amendment reduces the minimum number of residential inspections and corrects a reference error. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: DRE has the staff and budget in place to administer this proposed amendment. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact, affect those resources, or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with, or enforce, the Real Estate Appraiser Licensing and Certification administrative rules. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to local governments. - SMALL BUSINESSES: This proposed rule amendment does not create new obligations for small businesses, nor does it increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule amendment provides options other than required education from an accredited college or university, possibly affecting enrollment at these schools. It is likely that one or more of these schools will experience a fiscal cost associated with this rule amendment due to decreased enrollment. However, DRE cannot determine whether any individual applicant would choose education from one of these schools or from one of the available alternatives. Therefore, the full impact to these schools cannot be estimated as the necessary data is unavailable. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule amendment provides additional options to appraiser candidates. The decreased experience and college education requirements provide options to appraiser candidates that allow them to qualify for a credential more quickly and possibly at a lower cost, which would result in a fiscal benefit to these appraiser candidates through time saved and lower education costs. However, DRE cannot determine whether an individual applicant would choose the minimum experience requirement or a less expensive education alternative. Therefore, the full fiscal benefit to appraiser candidates and the fiscal costs to affected accredited colleges and universities cannot be estimated. The necessary data is unavailable as the fiscal impact depends on the choices of the appraiser candidates. This proposed rule amendment would place restrictions on various types of experience hours for appraisers working in area of mass appraisals. Although this amendment does not require more total hours of experience, it is possible that an appraiser working in the field of mass appraisals may need a longer period of time to acquire the necessary breadth of experience to qualify for a credential. However, DRE cannot determine the choices an individual applicant would make among the options for experience available to the appraiser. Therefore, the fiscal impact to any one appraiser or to appraisers as a group cannot be estimated as the necessary data is unavailable. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The primary purpose of this proposed amendment is to adopt changes approved by the AQB, which became effective 05/01/2018. The AQB lowered the minimum standard for appraiser qualifications in the areas of appraiser experience and education required to qualify for a particular appraiser credential. The Utah Real Estate Appraiser Licensing and Certification Board and the DRE have reviewed the new AQB standards and propose that current Utah standards be amended to reflect changes by the national AQB. This proposed amendment does not create new obligations for small businesses nor do they increase the cost associated with any existing obligations. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43011.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43014 (Repeal and Reenact): R392-501. Labor Camp Sanitation. SUMMARY OF THE RULE OR CHANGE: The reenacted text of Rule R392-501 provides technical and conforming changes throughout the rule and removes unnecessary and repetitive language. The first change is to the title of the rule from "Labor Camp Sanitation" to "Temporary Labor Community Sanitation". Section R392-501-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of the rule. Section R392-501-2 is a new section added to describe individuals and businesses to whom this rule applies, and to specify exclusions to such. In Section R392-501-3, added definitions for: Building Code, Housing unit, Local health department, Local health officer, Manufactured home, Nuisance, Operator, Pest, Plumbing Code, Plumbing fixture, Premises, Sanitary, Toilet fixture, Vault privy, Vector, and Vermin; modified the definitions for Labor camp, and Service building; and removed the definition for Director. In Section R392-501- 4, the Department of Health (Department) has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Substantive changes include the addition of a provision, similar to a "grandfather clause", that specifies that a construction change is not required in any portion of a temporary labor community that was in compliance before this rule goes into effect. Section R392-501-5 is a new section that specifies minimum construction and temperature requirements for buildings used for human habitation. Section R392-501-6 is a new section that specifies minimum sanitation standards for beds and bedding. Sections R392-501-7 and R392-501-8 were Sections R392-501-3 and R392-501-4 in the repealed rule and have been revised by rewording and restructuring these sections to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Section R392-501-9 is a new section that specifies minimum provisions for the washing and drying of employee clothing. Section R392-501-10 is a new section that specifies the number of plumbing fixtures required in a labor community, as well as the cleaning and maintenance requirements of such. In Section R392-501-11, many of the provisions of this section are located in the repealed Section R392-501-5. This section specifies the operator's duty to supply provisions for hand washing and solid waste disposal. Section R392-501- 12 is a new section that requires an operator to provide convenient access to handwashing facilities. This section has been included to protect the environment and the health of laborers working in offsite locations, and to prevent a potential foodborne illness outbreak. Section R392-501-13 is the repealed Section R392-501-6 and has been modified by including the rewording and restructuring of the section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Section R392-501-14 is the repealed Section R392-501-7 and has been modified to make reference to Rule R392-100 for any food services provided by the operator for manufactured home community occupants. Section R392-501-15 also contains part of the repealed Section R392-501-7 and has been modified to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Section R392-501-16 is a new section and has been added to refer to Rule R392-302 for any swimming pool or spa provided by the operator for temporary labor community occupants. Section R392-501-17 is a new section that specifies the application of an authority granted a local health officer in Title 26A. Section R392-501-18 is a new section that specifies the application of an authority granted to a local health officer in Title 26A. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing and reenacting Rule R392-501 will not result in a cost or benefit to the state budget because the proposed rule changes do not require a change to state operations or programs, and the proposed reenacted text does not include requirements for the payment fines or fees. - LOCAL GOVERNMENTS: Repealing and reenacting Rule R392-501 will not result in a direct cost or benefit to the local governments because no construction, equipment, or operational changes are required by this rule. The reenacted text does not include requirements for permit or inspection fees. Inspection frequency is not specified in this rule. - SMALL BUSINESSES: Repealing and reenacting Rule R392-501 will likely not result in a cost or benefit to small businesses. There are two small Utah-based temporary labor community businesses operating in the state under the NAICS code of 311119 and 211120. The reenacted rule does not require a construction change to any portion of a temporary labor community that was in compliance with the law in effect at the time the community was constructed. In addition, the reenacted rule does not include fees such as inspection fees, or permit fees. Repealing and reenacting Rule R392-501 may result in an inestimable fiscal cost if, after the adoption of this rule, a business constructs a temporary labor community. The full impact to a business cannot be estimated, as the necessary data is unavailable because temporary labor community location, layout, number of housing units, number of employees, water and wastewater accessibility, and operation and maintenance needs have not yet been considered by the business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing and reenacting Rule R392-501 will likely not result in a cost or benefit to any single person. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons may include owners and operators of small and non-small temporary labor community businesses that are newly constructed after this rule is repealed and reenacted. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Per the Division of Disease Control and Prevention, Environmental Services, repealing and reenacting Rule R392-501 will likely not result in a cost or benefit to small business. There are two small Utah-based temporary labor community businesses operating in the state under the NAICS code of 311119 and 211120. The reenacted rule does not require a construction change to any portion of a temporary labor community that was in compliance with the law in effect at the time the community was constructed. In addition, the reenacted rule does not include fees such as inspection fees, or permit fees. Also, affected persons may include owners and operators of small and non-small temporary labor community businesses that are newly constructed after this rule is repealed and reenacted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43014.htm No. 43037 (Amendment): R392-600. Illegal Drug Operations Decontamination Standards. SUMMARY OF THE RULE OR CHANGE: These proposed amendments remove the definitions for "Highly suggestive of contamination" and "Non-highly suggestive of contamination" and all references to these definitions. In addition, as stated in Subsection R392-600-6(1), that only a decontamination specialist shall conduct confirmation sampling; there are specific sections that needed to be clarified to meet Subsection R392- 600-6(1). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings at the state level. Any costs will come out of existing budgets. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments by removing this language and clarifying this rule. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses by removing this language and clarifying this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to those in this category by removing this language and clarifying this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings to affected persons removing this language and clarifying this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments remove the definitions for "highly suggestive of contamination" and "non-highly suggestive of contamination" from the rule in order to clarify that only a decontamination specialist can conduct sampling to meet the decontamination standards in Subsection R392-600-6(1). The Division of Disease Control and Prevention, Environmental Services does not expect any fiscal impact on small businesses nor non-small businesses since these amendments are simply to clarify existing requirements of the rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Jones by phone at 801-538-6045, or by Internet E-mail at markejones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43037.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43036 (Repeal): R414-55. Medicaid Policy for Hospital Emergency Department Copayment Procedures. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety because all cost-sharing policy is consolidated in the Medicaid State Plan, making the rule unnecessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact on the state budget because this repeal neither affects service coverage nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact on local governments because they do not fund member services under the Medicaid program. - SMALL BUSINESSES: There is no impact on small businesses because this repeal neither affects service coverage nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers or Medicaid members because this repeal neither affects service coverage nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact on a single Medicaid provider or a Medicaid member because this repeal neither affects service coverage nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that the repeal of this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43036.htm INSURANCE ADMINISTRATION No. 43055 (New Rule): R590-277. Managed Care Health Benefit Plan Contract Standards. SUMMARY OF THE RULE OR CHANGE: This rule adopts key definitions to be used in contracts; prohibits contract limitations or exclusions except for those stated in this rule; provides for rights for a spouse or child in the event of contract termination; requires certain benefits for transplants, requires notification when premiums are being revised; requires coverage to be offered without regard to health status; includes required provisions to be included in contracts; and restricts the manner in which premium rates are calculated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of health insurance contracts. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. If a local government plan offered their employees a self- funded health plan, this rule would not apply. If a local government plan offered their employees a fully-insured health plan, it is not anticipated that there will be additional costs or savings. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of health insurance contracts. - SMALL BUSINESSES: There is no anticipated costs or savings to small businesses. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of contracts. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated costs or savings to persons other than small businesses, businesses or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of contracts. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2018 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: 08/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43055.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. HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 43013 (5-year Review): R398-2. Newborn Hearing Screening. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 26-10-6 is still in effect. This rule defines how the program will implement and facilitate the statute. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Joyce McStotts by phone at 801-584-8239, by FAX at 801-584-8488, or by Internet E-mail at jmcstotts@utah.gov EFFECTIVE: 06/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43013.htm No. 43054 (5-year Review): R398-20. Early Intervention. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Legislative intent language implemented the parent cost participation fee. The intent language is still in effect. DIRECT QUESTIONS REGARDING THIS RULE TO: - Joyce McStotts by phone at 801-584-8239, by FAX at 801-584-8488, or by Internet E-mail at jmcstotts@utah.gov EFFECTIVE: 07/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43054.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43053 (5-year Review): R414-42. Telemedicine. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it defines telemedicine services, and specifies coverage and limitations. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 07/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43053.htm NATURAL RESOURCES PARKS AND RECREATION No. 43048 (5-year Review): R651-622. Rock Climbing. 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 parameters for technical rock climbing 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43048.htm No. 43047 (5-year Review): R651-623. Sale or Distribution of Printed Material. 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 in order to provide an orderly and lawful way of distributing printed materials. 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43047.htm No. 43046 (5-year Review): R651-624. Sanitation. 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 for the protection of park resources and visitors, and provides a sanitary way in which refuse can be disposed of. 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43046.htm No. 43045 (5-year Review): R651-625. Shirts and Shoes. 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 for the health and safety of park visitors by requiring shirts and shoes be worn when entering museums, visitor centers, and administrative offices of the park system. 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43045.htm No. 43044 (5-year Review): R651-626. Skating, Skateboards and Motorized Transportation 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 establishes parameters where skates, motorized transportation devices and skateboards may be used safely within the state park system. 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43044.htm No. 43043 (5-year Review): R651-627. Swimming. 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 the health and safety of 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43043.htm No. 43042 (5-year Review): R651-628. Trails and Walks. 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 proper and safe use of trails and walks within the park system. It protects 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43042.htm No. 43041 (5-year Review): R651-629. Unattended 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 complies with unclaimed property Title 77, Chapters 24 and 24a, and Title 41, Chapter 1a. It establishes proper procedures for the handling of personal property, impounded property, lost and found articles, and the impounding of a vehicle within the state parks system. 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43041.htm No. 43040 (5-year Review): R651-631. Winter 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 establish proper areas within the state parks system for winter sports such as skiing, sledding, tobogganing, snowshoeing, skating, and other similar winter sports activities. 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43040.htm No. 43039 (5-year Review): R651-632. Enforcement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Park rangers are fully-certified peace officers within the state of Utah and may enforce rules and laws for the protection of state parks and park property, from misuse or damage, and 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43039.htm No. 43038 (5-year Review): R651-633. Special Closures or Restrictions. 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 process for emergency closures or restrictions, and specifies areas that are prohibited or restricted from public access or activities that may be dangerous to public safety or 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: 06/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43038.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, ADMINISTRATION No. 43024 (5-year Review): R805-2. Government Records Access and Management Act Procedures. 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 the departments and officers within the University of Utah whose primary responsibility is receiving open records requests. This information is not set forth in the Utah Code and, without this information, there is no mechanism for ensuring that records requests are submitted to the department within the University of Utah with the ability to fulfill the request. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Gregory Thompson by phone at (801) 581-8046, or by Internet E-mail at greg.c.thompson@utah.edu EFFECTIVE: 06/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180715/43024.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 42846 (AMD): R23-23.Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 05/15/2018 Effective: 06/26/2018 FINANCE No. 42854 (AMD): R25-7.Travel-Related Reimbursements for State Employees Published: 05/15/2018 Effective: 06/21/2018 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42807 (AMD): R156-70a.Physician Assistant Practice Act Rule Published: 05/15/2018 Effective: 06/21/2018 EDUCATION ADMINISTRATION No. 42857 (NEW): R277-113.LEA Fiscal and Auditing Policies Published: 05/15/2018 Effective: 06/22/2018 ENVIRONMENTAL QUALITY WATER QUALITY No. 42691 (AMD): R317-2.Standards of Quality for Waters of the State Published: 04/01/2018 Effective: 07/02/2018 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42871 (AMD): R414-42.Telemedicine Published: 05/15/2018 Effective: 07/01/2018 No. 42787 (AMD): R414-60A.Drug Utilization Review Board Published: 05/01/2018 Effective: 06/27/2018 No. 42788 (AMD): R414-60B.Preferred Drug List Published: 05/01/2018 Effective: 06/27/2018 No. 42851 (AMD): R414-401-3.Assessment Published: 05/15/2018 Effective: 07/01/2018 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 42826 (AMD): R426-8.Emergency Medical Services Ground Ambulance Rates and Charges Published: 05/15/2018 Effective: 07/01/2018 HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 42810 (AMD): R477-1.Definitions Published: 05/15/2018 Effective: 07/01/2018 No. 42811 (AMD): R477-2.Administration Published: 05/15/2018 Effective: 07/01/2018 No. 42812 (AMD): R477-4.Filling Positions Published: 05/15/2018 Effective: 07/01/2018 No. 42813 (AMD): R477-5.Employee Status and Probation Published: 05/15/2018 Effective: 07/01/2018 No. 42814 (AMD): R477-6.Compensation Published: 05/15/2018 Effective: 07/01/2018 No. 42815 (AMD): R477-7.Leave Published: 05/15/2018 Effective: 07/01/2018 No. 42816 (AMD): R477-8.Working Conditions Published: 05/15/2018 Effective: 07/01/2018 No. 42817 (AMD): R477-9.Employee Conduct Published: 05/15/2018 Effective: 07/01/2018 No. 42818 (AMD): R477-10.Employee Development Published: 05/15/2018 Effective: 07/01/2018 No. 42819 (AMD): R477-11.Discipline Published: 05/15/2018 Effective: 07/01/2018 No. 42820 (AMD): R477-12.Separations Published: 05/15/2018 Effective: 07/01/2018 No. 42821 (AMD): R477-16.Abusive Conduct Prevention Published: 05/15/2018 Effective: 07/01/2018 No. 42822 (AMD): R477-101.Administrative Law Judge Conduct Committee Published: 05/15/2018 Effective: 07/01/2018 HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 42862 (AMD): R501-12.Foster Care Services Published: 05/15/2018 Effective: 07/01/2018 CHILD AND FAMILY SERVICES No. 42829 (NEW): R512-76.Expungement of DCFS Allegations Published: 05/15/2018 Effective: 06/21/2018 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42850 (AMD): R746-8.Utah Universal Public Telecommunications Service Support Fund (UUSF) Published: 05/15/2018 Effective: 06/21/2018 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 42855 (AMD): R986-700.Child Care Assistance Published: 05/15/2018 Effective: 07/01/2018 UNEMPLOYMENT INSURANCE No. 42861 (AMD): R994-405.Ineligibility for Benefits Published: 05/15/2018 Effective: 06/21/2018 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/ . <> ----------------------------