---------------------------- Utah State Digest, Vol. 2018, No. 17 (September 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed August 2, 2018, 12:00 AM through August 15, 2018, 11:59 PM Volume 2018, No. 17 September 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 *********************************************** 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. Establishing a Revised Policy for Legislative Communications of Executive Branch Departments and Employees, Utah Amended Exec. Order No. 2018-1 - 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/ExecDoc160543.htm Calling the Sixty-Second Legislature Into the Tenth Extraordinary Session, Utah Proclamation No. 2018-10E - 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/ExecDoc160554.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 August 2, 2018, 12:00 a.m., and August 15, 2018, 11:59 p.m. are summarized in this, the September 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the September 1, 2018, issue of the Utah State Bulletin until at least October 1, 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 December 30, 2018, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. AGRICULTURE AND FOOD PLANT INDUSTRY No. 43145 (New Rule): R68-24. Industrial Hemp Research Pilot Program for Growers. SUMMARY OF THE RULE OR CHANGE: This purposed rule sets forth the licensing requirements for individuals interested in growing industrial hemp. It establishes that a person must be at least 18 years of age to apply for a license and they must submit a criminal history. Additionally, this purposed rule places limitations on where Industrial hemp can be grown and restrictions on what material can be sold. It outlines the testing and sampling methods the Department of Agriculture and Food (Department) will use for testing industrial hemp. This purposed rule outlines the necessary reporting requirements and time frame for which those reports are due in order to maintain a license. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As this is a new program, the state will have the additional cost of starting up the program and purchasing the needed equipment to effectively run the Industrial Hemp Program. The Department will need to hire two new employees, an office specialist to oversee the application, licensing, and reporting processes, and an inspector to go out and inspect the growing areas and to take samples to the lab. It is estimated that the new employees in the first year will cost $136,000. These employees will need to be receive training which the Department anticipates to cost $10,000; testing equipment and standards necessary to test the plants for THC compliance; and standards and laboratory equipment will run $5,000. Sampling equipment and supplies, such as GPS, scissors, and sampling containers, is estimated to cost $3,000. The total cost of the first year of the program is then estimated to be $154,000. The second year the Department anticipates that the cost will stay much the same with some slight decreases in inspection supplies, as well as the cost for training, but the Department does anticipate increasing by at least one employee. It is likely, depending on the number of growers, that another inspector will need to hired to cover both the northern and southern ends of the state. Therefore, the cost of employees would be $216, 000. The training cost would be $5,000. The cost of laboratory testing standards and maintenance of the laboratory equipment will remain the same at $5,000. The Department will need to purchase another vehicle and GPS and sampling supplies for the new inspector which is estimated at $31,500. For a total cost of the second year being $257,500. It may be necessary to hire more inspectors as the program grows in the third year, but the Department anticipates that the cost for the program will remain similar to the second year in the third year. The cost may decrease if no new inspectors are needed as training will not be necessary nor will new vehicles or supplies. The cost of employees will remain the same at $216,000 and laboratory cost remain at $5,000. Sampling cost of training will be $0 and there will be minimal sampling equipment which the Department estimates at $700. The total cost then for year three would be $221,700. The Department has a grower license fee of $500. Each grower must pay the licensing fee before they are issued a license. The Department is unable to estimate the amount this licensing fee will generate for the Department as this is a new and developing industry and there are currently no legal growers of industrial hemp in the state. However, the Department will be generating some revenue from the licensing fees. - LOCAL GOVERNMENTS: Local governments may experience an increase in law enforcement costs due to the nature of the crop being grown. Local law enforcement may wish to coordinate more with the Department in making sure the growing sites are licensed with the Department. The Department will be working with them to notify them of all licensed growing areas. However, those are decisions that will need to be left up to local governments to determine and the Department cannot adequately estimate those costs. - SMALL BUSINESSES: This rule will allow for the growth of a new and innovative industry in the state of Utah. Previously, the growth of industrial hemp was not allowed under both state and federal laws. This would allow for individuals to start a new business. As it has not been allowed, the proposed rule does not place any additional cost to the business aside from the $500 licensing fee assessed by the Department. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule allows for the development of a new industry in the state. It will allow for the production and distribution of new products to the consumers of the state. However, due to the nature of the industry it is impossible for the Department to estimate the cost or benefits to the consumer. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a $500 licensing fee assessed for a license. Due to the nature of the business and the previous legal statutes of industrial hemp, there has been no prior legal growing of the plant. Therefore, the only cost to affected persons is the licensing fee. All other costs are the costs of engaging in the growing of industrial hemp. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule will open new markets to our agricultural producers which have previously been closed to them. This proposed rule will allow for producers to diversify the crop products and attempt to enter into a new and emerging market. The licensing fee is necessary for the Department to comply with both state and federal law to ensure that the product is industrial hemp and not marijuana. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43145.htm No. 43146 (New Rule): R68-25. Industrial Hemp Research Pilot Program for Processors. SUMMARY OF THE RULE OR CHANGE: This purposed rule sets forth the licensing requirements for individuals interested in industrial hemp. It establishes that a person must be at least 18 years of age to apply for a license and they must submit a criminal history. Additionally, all employees who handle material that is over the 0.3% THC are required to submit a criminal history and be over 18 years of age. This purposed rule places limitations on where industrial hemp and industrial hemp materials can be extracted or processed and restrictions on what material can be sold. It outlines the testing and sampling methods the Department of Agriculture and Food (Department) will use for testing industrial hemp. This purposed rule outlines the necessary recordkeeping requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As this is a new program, the state will have the additional cost of starting up the program and purchasing the needed equipment to effectively run the Industrial Hemp Program. The Department will need to hire two new employees, an office specialist to oversee the application, licensing, and reporting processes and an inspector to inspect the processing facilities and to take samples to the lab. It is estimated that the new employees will cost $136,000. These employees will need to be receive training which the Department anticipates will cost $10,000. Testing equipment and standards will be necessary to test the products for THC compliance. Standards and laboratory equipment will run around $5,000. Sampling equipment and supplies are estimated to cost $3,000. The total cost of the first year of the program is then estimated to be $154,000. The second year the Department anticipates that the cost will stay much the same with some slight decreases in inspection supplies, as well as the cost for training, but the Department does anticipate the need to have at least one additional employee. It is likely, depending on the number of growers, that another inspector will be needed to cover both the northern and southern ends of the state. Therefore, the cost of employees would be $216,000. The training cost would be $5,000. The cost of laboratory testing standards and maintenance of the laboratory equipment will remain the same at $5,000. The Department will need to purchase another vehicle and sampling supplies for the new inspector which is estimated at $31,500. For a total cost of the second year being $257,500. It may be necessary to hire more inspectors as the program grows in the third year, but the Department anticipates that the cost for the program will remain similar to the second year in the third year. The cost may decrease if no new inspectors are needed as training will not be necessary nor will new vehicles or supplies. The cost of employees will remain the same at $216,000 and laboratory costs will remain at $5,000. Sampling cost of training will be $0 and there will be minimal sampling equipment which the Department estimates at $700. The total cost then for year three would be $221,700. The Department has a Processor Licensing Fee of $1,000. Each processor must pay the licensing fee before they are issued a license. The Department is unable to estimate the amount this licensing fee will generate for the Department as this is a new and developing industry and there are currently no legal growers of industrial hemp in the state. However, the Department will be generating some revenue from the licensing fees. - LOCAL GOVERNMENTS: Local governments may experience an increase in law enforcement costs due to the nature of the crop being grown. Local law enforcement may wish to coordinate more with the Department in making sure the growing sites are licensed with the Department. The Department will be working with them to notify them of all licensed growing areas. However, those are decisions that will need to be left up to local governments to determine and the Department cannot adequately estimate those cost. Additionally, local governments will see an added benefit as these new businesses will have to obtain business licenses from local governments in which their processing facilities are located. As with the cost to local governments, it is impossible for the Department to adequately estimate the benefits to local governments. - SMALL BUSINESSES: This rule allows for the growth of a new and innovative industry in the state of Utah. Previously, the growth of industrial hemp was not allowed under both state and federal laws. This would allow for individuals to start a new business. As it has not been allowed, the proposed rule does not place any additional cost to the business aside from the $1,000 licensing fee assessed by the Department. Because it is a new program, the Department is unable to estimate how many participants there will be in program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule allows for the development of a new industry in the state. It will allow for the production and distribution of new products to the consumers of the state. However, due to the nature of the industry, it is impossible for the Department to estimate the cost or benefits to the consumer. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a $1,000 licensing fee assessed for a license. Due to the nature of the business and the previous legal statutes of industrial hemp, there has been no prior legal processing of the plant in the state of Utah. Therefore, the only cost to the affected persons is the licensing fee. All other costs are the costs of engaging in the processing of industrial hemp. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule will open new markets to our agricultural producers and manufacturers previously closed to them. This proposed rule will allow for producers to diversify the products they produce and attempt to enter into a new and emerging market. The licensing fee is necessary for the department to comply with both state and federal law to ensure that all products produced have under the 0.3% THC. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43146.htm No. 43147 (New Rule): R68-26. Industrial Hemp Product Registration and Labeling. SUMMARY OF THE RULE OR CHANGE: This purposed rule requires all industrial hemp products distributed in the state to be registered with the Department of Agriculture and Food (Department). It establishes the labeling requirements for the various products being distributed. It sets up quality assurance procedures the Department will follow to test the products for label accuracy and to ensure that products intended for ingestion or absorption by humans or animals are free of contaminates. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As this is a new program, the state will have the additional cost of starting up the program and purchasing the needed equipment to effectively run the Industrial Hemp Program. The Department will need to hire two new employees, an office specialist to oversee the registration process, as well as conduct the initial label review, and an inspector to inspect the store for product and to ensure that products being distributed are registered and take random samples to the lab for label verification. It is estimated that the new employees will cost $136,000. These employees will need to receive training which the Department anticipates will cost $10,000. Testing equipment and standards will be necessary to test the products for THC compliance. Additional tests will need to be done to ensure that the products are free of harmful contaminates. Standards and laboratory equipment will run around $5,000. Sampling equipment and supplies are estimated to cost $3,000. The total cost of the first year of the program is then estimated to be $154,000. The second year the Department anticipates that the cost will stay much the same with some slight decreases in inspection supplies, as well as the cost for training, but the Department does anticipate the need to have at least one additional employee. It is likely, depending on the number of growers, that another inspector will be needed to cover both the northern and southern ends of the state. Therefore, the cost of employees would be $216, 000. The training cost would be $5,000. The cost of laboratory testing standards and maintenance of the laboratory equipment will remain the same at $5,000. The Department will need to purchase another vehicle and sampling supplies for the new inspector which is estimated to be $31,500. For a total cost of the second year being $257,500. It may be necessary to hire more inspectors as the program grows in the third year, but the Department anticipates that the cost for the program will remain similar to the second year in the third year. The cost may decrease if no new inspectors are needed as training will not be necessary nor will new vehicles or supplies. The cost of employees will remain the same at $216,000 and laboratory cost remain at $5,000. Sampling cost of training will be $0 and there will be minimal sampling equipment which the Department estimates at $700. The total cost then for year three would be $221,700. The Department has a grower license fee of $500. Each product will have to have a registration fee attached to the registration. The amount of the fee is determined by the type of product being registered. A product containing hemp oil, extract, or CBD will pay a $200 registration fee. A seed product or product containing seed will pay a $100 registration fee. The fee must be paid before the product is considered registered in the state. The Department is unable to estimate the amount this registration fee will generate for the Department as this is a new and developing industry and it is not known how many products containing hemp will be brought into the state. However, the Department will be generating some revenue from the licensing fees. - LOCAL GOVERNMENTS: There are no anticipated costs or benefits to local governments as this rule neither requires action from nor provides benefits to local governments. - SMALL BUSINESSES: This rule allows for the legal sale of hemp products in the state. Previously, some of these hemp products were not legally available for purchase because of state laws. While the purchase of hemp clothing and some seed material was allowed federally, aside for the registration fee of $100 to $200, there are no additional requirements placed on these businesses by this rule that previously were not required by either state or federal law. Due to the nature of the products being distributed, the Department is unable to estimate how many participants there will be in program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule allows for the legal distribution of hemp products in the state. This rule will allow for those who wish to consume CBD oil to purchase products in the state with the added benefits of knowing what the product contains and that it is free of contaminates. However, due to the nature of the industry, it is impossible for the Department to estimate the cost or benefits to the consumer. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be $100 to $200 registration fee depending on the type of product being registered. A product containing hemp oil, extract, or CBD will pay a $200 registration fee. A seed product or product containing seed will pay a $100 registration fee. The fee must be paid before the product is considered registered in the state. Fiber products must register, but there is no fee attached to that registration. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule will open new markets to our agricultural producers and manufacturers previously closed to them. This proposed rule will allow for producers to diversify the products they produce and attempt to enter into a new and emerging market. This rule will allow for the legal sale of hemp products in the state. Previously, some of these hemp products were not legally available for purchase because of state laws. While the purchase of hemp clothing and some seed material was allowed federally, aside for the registration fee of $100 to $200, there are no additional requirements placed on these businesses by this rule that previously were not required by either state or federal law. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bracken Davis by phone at 801-538-7188, or by Internet E-mail at brackendavis@utah.gov - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43147.htm COMMERCE ADMINISTRATION No. 43148 (Amendment): R151-4. Department of Commerce Administrative Procedures Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R151-4-109 is amended to clearly state that the elements in Subsection R151-4-109(1) do not apply to a request for agency review. Changes are made to Section R151-4-401 to clarify and simplify the administrative filing process. This rule is amended to: 1) remove the requirement to file pleadings with both the agency and any administrative law judge (ALJ), instead requiring only a filing with the agency; 2) treat filings by fax and email the same way, and 3) delete previous subpart (D) that appears redundant. With the removal of the requirement to file with any ALJ. Section R151-4-402 is amended to clarify that service must also be made on any ALJ assigned to the case (since the requirement to file a document with any ALJ has been deleted). For clarity, Section R151-4-504 spells out the expert requirement rather than making a reference to URCP 26. Section R151-4- 707 is updated to essentially mirror the URCP in stating that for good cause and with appropriate safeguards, the presiding officer has discretion to permit electronic testimony by contemporaneous transmission from a different location in formal proceedings. This rule with respect to informal proceedings is amended to clarify that electronic testimony is acceptable (removing the word "generally") and is amended to reflect the ability of any ALJ to implement appropriate safeguards on electronic testimony. Section R151-4-901 corrects outdated references and note that the 30-day deadline for filing an agency review request may be extended only for good cause. Technical changes are made to Section R151-4-903 to make the language consistent with Section R151-4-907. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments clarify, simplify, and update procedures for adjudicative proceedings conducted under the Department of Commerce (Department) Administrative Procedures Act. There may be some monetary savings to the Department resulting from potentially reduced agency staff time and resources that will need to be dedicated to these adjudicative proceedings. However, the full impact of any savings is inestimable, both because the savings will occur only when and as cases are filed, and because the amount of any savings will vary from case-to-case depending on the parties involved and the nature and complexity of the proceedings. No other fiscal impact to the state is expected, beyond a minimal cost to the Department of approximately $75 to print and distribute this rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: Because local governments are not typically involved in the procedures being updated by these amendments, these proposed amendments are not expected to have any impact on local governments' revenues or expenditures. - SMALL BUSINESSES: Because these proposed amendments clarify, simplify, and update procedures for adjudicative proceedings conducted under the Department Administrative Procedures Act, there may be some monetary savings to small businesses who become involved in these agency proceedings. In particular, the clarified and simplified processes for filing and service, and the increased ability to provide electronic testimony by contemporaneous transmission, could result in a reduction of the costs to small businesses associated with their participation in these proceedings. For a complete listing of NAICS Codes of the types of small businesses who might become involved in Department adjudicative proceedings, please contact the Department. However, some electronic testimony requests are already granted before hearings in the Department. Even assuming that the amount of electronic testimony increases, the full impact to these small businesses cannot be estimated because these estimated savings will occur only when small businesses actually become involved in adjudicative proceedings and are able to take advantage of these new clarified and simplified processes. It cannot be estimated how much any potentially involved small businesses will save because the amount of any savings will vary widely from case-to-case depending on the location and nature of the adjudicative proceedings in which they are involved. For example, savings to small businesses from being able to provide electronic testimony will be based on direct savings in cost (transportation, lodging, food), and indirect savings (reduced time away from work), with the aggregate savings depending on how many participants (employees, managers, members, officers, attorneys) would have otherwise been required to appear in person. This also assumes that the request would not have already been accepted under the old rule. These savings may also be offset by the cost of court reporters and technology used to facilitate an electronic appearance, for which there is no data. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because these proposed amendments clarify, simplify, and update procedures for adjudicative proceedings conducted under the Department Administrative Procedures Act, there may be some monetary savings to persons other than small businesses, businesses, or local government entities who become involved in these agency proceedings. In particular, the clarified and simplified processes for filing and service, and the increased ability to provide electronic testimony by contemporaneous transmission, could result in a reduction of the costs to individuals and other persons associated with their participation in these proceedings. However, some electronic testimony requests are already granted before hearings in the Department. Even assuming that the amount of electronic testimony increases, the full impact to these persons cannot be estimated because these estimated savings will occur only when persons actually become involved in adjudicative proceedings and are able to take advantage of these new clarified and simplified processes. It cannot be estimated how much any potentially involved person will save because the amount of any savings will vary widely from case-to-case depending on the location and nature of the adjudicative proceedings in which they are involved. For example, savings to persons from being able to provide electronic testimony will be based on direct savings in cost (transportation, lodging, food), and indirect savings (reduced time away from work), with the aggregate savings depending on how many participants would have otherwise been required to appear in person. This also assumes that the request would not have already been accepted under the old rule. These savings may also be offset by the cost of court reporters and technology used to facilitate an electronic appearance, for which there is no data. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments are not expected to impose any compliance costs for affected persons because no additional requirements for affected persons are established by this rule filing beyond those already in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This filing updates, simplifies, and clarifies the current administrative procedure rule. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Masuda Medcalf by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/18/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43148.htm OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43150 (Amendment): R156-47b-102. Definitions. SUMMARY OF THE RULE OR CHANGE: This filing will amend Subsection R156- 47b-102(8) to add the entity "Foot Zone Center LLC" to the list of industry organizations recognized by the Division. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies will be directly or indirectly affected by this amendment because the constrained parties consist only of Foot Zone Center LLC and any individuals it will certify who also meet the other requirements for exemption under Subsection 58-47b-304(1)(m). Additionally, there are no state government entities acting as businesses that will be impacted. As a result, this rule is not expected to impact the state beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once the proposed amendment is made effective. - LOCAL GOVERNMENTS: No local governments will be directly or indirectly affected by this amendment because the constrained parties consist only of Foot Zone Center LLC and any individuals it will certify who also meet the other requirements for exemption under Subsection 58-47b-304(1)(m). Additionally, there are no local governments acting as businesses that will be impacted. - SMALL BUSINESSES: Foot Zone Center LLC is the only small business that will be affected by this amendment. It will experience a fiscal benefit because it will have increased opportunities to charge individuals for certification services. The full impact cannot be estimated as the necessary data is unavailable; it cannot be estimated how many individuals will choose to pursue and maintain certification with Foot Zone Center LLC. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment will affect individuals who choose to become certified with Foot Zone Center LLC, and who also meet the other requirements for exemption under Subsection 58-47b-304(1)(m). These individuals may experience a fiscal benefit associated with the increased opportunity for certification and to charge for their services without needing to become licensed under Title 58. The full impact to these individuals cannot be estimated as the necessary data is unavailable. It cannot be estimated, firstly, how many individuals will obtain the necessary training to become certified, nor out of the individuals who decide to become certified, how many will choose to seek certification with Foot Zone Center LLC instead of another recognized entity. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed amendment does not impose any compliance cost on any affected persons, as it merely adds the entity Foot Zone Center LLC to the list of entities with whom an individual may become certified. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Pursuant to Subsection 58-47b-304(1)(m), an individual may engage in the defined practice of massage therapy without being licensed under Title 58, Chapter 47b, Massage Therapy Practice Act, if the individual is certified by or through, and in good standing with, an industry organization recognized by the Division and meets certain other requirements. The Division lists the industry organizations it recognizes in Subsection R156-47b-102(8). This proposed amendment will add the entity "Foot Zone Center LLC" to the list of recognized industry organizations. Foot Zone Center LLC is the only small business that will be affected by this amendment. It will experience a fiscal benefit because it will have increased opportunities to charge customers/clients for certification services. The full impact cannot be estimated as the necessary data is unavailable; it cannot be estimated how many individuals will choose to pursue and maintain certification with Foot Zone Center LLC. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 09/18/2018 09:15 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43150.htm No. 43137 (Amendment): R156-67. Utah Medical Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-67-102, these amendments provide definitions relative to the collaborative practice arrangement contract, terms, and approval requirement. In Section R156-67-302a, these amendments clarify the qualifications for licensure for all applicants applying for licensure as a physician and surgeon under the Utah Medical Practice Act, by defining the practitioner data banks used for verification and required for submission of an application. Section R156-67-807 is a new section added to this rule to establish and clarify the criteria for the collaborative practice arrangement contract between an associate physician and a collaborative physician. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In Sections R156-67-102 and R156-67-807, because these proposed amendments only ensure that the rule implements the mandates of H.B. 396 (2017), the Division of Occupational and Professional Licensing (Division) estimates that there will be no impact on the state budget over and above that included in the fiscal note for H.B. 396 (2017), available online at https://le.utah.gov/~2017/bills/static/HB0396.html. In Section R156-67- 302a, the Division estimates that there will be no impact on the state budget from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. The Division will incur minimal costs of approximately $75 to disseminate this rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: In Sections R156-67-102 and R156-67-807, because these proposed amendments only ensure that this rule implements the mandates of H.B. 396 (2017), the Division estimates that there will be no impact on local governments over and above that included in the fiscal note for H.B. 396 (2017), available online at https://le.utah.gov/~2017/bills/static/HB0396.html. In Section R156-67- 302a, the Division estimates that there will be no impact on local governments from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. - SMALL BUSINESSES: In Sections R156-67-102 and R156-67-807, these proposed amendments, which establish and clarify the criteria for the collaborative practice arrangement contract between an associate physician and the collaborative physician, will apply to any small business that chooses to hire an associate physician. There are currently 1,808 potential small-business employers in Utah in the health industry field (NAICS 621111, Offices of Physicians) who might hire an associate physician under the criteria clarified by these rule amendments. In turn, it is estimated that approximately two medical school graduates per year may apply for an associate physician position. In 2017, there were 92 graduates from the University of Utah Medical School (an increase of 12 from 2016). In Utah there are currently six residency sponsoring programs which include 34 specialties and 52 subspecialties for postgraduate training. There is an Osteopathic Medical School in Ivins, Utah, which opened in 2018, and an Osteopathic Medical School scheduled to open in Provo, Utah, in 2021, which may increase the number of graduates applying for residency programs in Utah. For 2018, 197 postgraduate education positions for first-year residents were available in Utah. Graduates from medical schools in the United States and foreign programs may also apply for these available positions. In 2016, 94.3% of graduating medical students were matched to a residency program. An additional 3% of graduates are matched to residency programs after the initial match period, leaving only 3% of medical school graduates without a residency program. Statistically, this could leave 2 - 3 of the Utah graduates without a match. In short, the Division's analysis supports the estimate of the fiscal note for H.B. 396 (2017) that two graduates per year may apply for an associate physician position. Finally, however, regardless of the number of applicants for an associate physician position and the number of associate physician licensees in subsequent years, the Division estimates that these amendments will have no impact on any of these businesses over and above that already included in the fiscal note for H.B. 396 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0396.html, because these proposed amendments only implement the mandates of H.B. 396 (2017). In Section R156-67-302a, the Division estimates that there will be no impact on small business from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In Sections R156-67-102 and R156-67-807, the Division estimates that these proposed amendments establishing and clarifying the criteria for the collaborative practice arrangement between an associate physician and the collaborative physician, will have no impact on other persons over and above that already included in the fiscal note for H.B. 396 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0396.html, because these proposed amendments only implement the mandates of H.B. 396 (2017). In Section R156-67-302a, the Division estimates that there will be no impact on other persons from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: In Sections R156-67-102 and R156- 67-807, the fiscal note for H.B. 396 (2017) estimated that there would be a $150 annual compliance cost (licensing fees) for each individual who qualifies for and elects to obtain an associate physician license. The Division estimates that these amendments will have no additional impact on these affected persons over and above this cost already included in the fiscal note, available online at: https://le.utah.gov/~2017/bills/static/HB0396.html, because the amendments only implement the mandates of H.B. 396 (2017). In Section R156-67-302a, the Division estimates that there will be no compliance costs to any affected persons from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The new Section R156-67-807 and the amendments to Sections R156-67-102 and R156-67-302a implement H.B. 396 (2017). H.B. 396 amended the Medical Practice Act to establish the Associate Physician License classification effective 07/01/2018. This rule and these amendments provide necessary definitions, and establish and clarify the requirements of the collaborative practice arrangement between an associate physician and the collaborative physician. Second, these amendments also clarify certain licensure requirements for all applicants applying for licensure as a physician and surgeon by defining the practitioner data banks used for verification. In Section R156-67-102, these amendments to this rule provide definitions relative to the collaborative practice arrangement contract, terms, and approval requirement. In Section R156-67-302a, these amendments to this rule clarify the qualifications for licensure for all applicants applying for licensure as a physician and surgeon under the Utah Medical Practice Act, by defining the practitioner data banks used for verification and required for submission of an application. These amendments have no fiscal impact, as they merely conform this rule to existing practice. Section R156-67-807 is new and is added to establish and clarify the criteria for the collaborative practice arrangement contract between an associate physician and a collaborative physician. Because Section R156-67-807 and the amendment to Section R156-67-102 only implement the mandates of H.B. 396 (2017), the Division estimates that there will be no impact on businesses over and above that included in the fiscal note for H.B. 396 (2017), available online at https://le.utah.gov/~2017/bills/static/HB0396.html. Although there are currently 1,808 potential small-business employers in Utah in the health industry field (NAICS 621111, Offices of Physicians) who might hire an associate physician under the criteria clarified by this rule, the Division estimates that annually only two or three medical school graduates will apply for associate physician positions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 09/20/2018 09:15 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43137.htm No. 43142 (Amendment): R156-68. Utah Osteopathic Medical Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-68-102, these amendments provide definitions relative to the collaborative practice arrangement contract, terms, and approval requirement. In Section R156-68-302a, these amendments clarify the qualifications for licensure for all applicants applying for licensure as an osteopathic physician and surgeon under the Utah Osteopathic Medical Practice Act, by defining the practitioner data banks used for verification and required for submission of an application. Section R156-68-807 is a new section to this rule to establish and clarify the criteria for the collaborative practice arrangement contract between an associate physician and a collaborative physician. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In Sections R156-68-102 and R156-68-807, because these proposed amendments only ensure that this rule implements the mandates of H.B. 396 (2017), the Division of Occupational and Professional Licensing (Division) estimates that there will be no impact on the state budget over and above that included in the fiscal note for H.B. 396 (2017), available online at https://le.utah.gov/~2017/bills/static/HB0396.html. In Section R156-68- 302a, the Division estimates that there will be no impact on the state budget from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. The Division will incur minimal costs of approximately $75 to disseminate this rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: In Sections R156-68-102 and R156-68-807, because these proposed amendments only ensure that this rule implements the mandates of H.B. 396 (2017), the Division estimates that there will be no impact on local governments over and above that included in the fiscal note for H.B. 396 (2017), available online at https://le.utah.gov/~2017/bills/static/HB0396.html. In Section R156-68- 302a, the Division estimates that there will be no impact on local governments from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. - SMALL BUSINESSES: In Sections R156-68-102 and R156-68-807, these proposed amendments, which establish and clarify the criteria for the collaborative practice arrangement contract between an associate physician and the collaborative physician, will apply to any small business that chooses to hire an associate physician. There are currently 1,808 potential small-business employers in Utah in the health industry field (NAICS 621111, Offices of Physicians) who might hire an associate physician under the criteria clarified by this rule. In turn, it is estimated that approximately two medical school graduates per year may apply for an associate physician position. In 2017, there were 92 graduates from the University of Utah Medical School (an increase of 12 from 2016). In Utah, there are currently 6 residency sponsoring programs which include 34 specialties and 52 subspecialties for postgraduate training. There is an Osteopathic Medical School in Ivins, Utah, which opened in 2018, and an Osteopathic Medical School scheduled to open in Provo, Utah, in 2021, which may increase the number of graduates applying for residency programs in Utah. For 2018, 197 postgraduate education positions for first-year residents were available in Utah. Graduates from medical schools in the United States and foreign programs may also apply for these available positions. In 2016, 94.3% of graduating medical students were matched to a residency program. An additional 3% of graduates are matched to residency programs after the initial match period, leaving only 3% of medical school graduates without a residency program. Statistically, this could leave 2 - 3 of the Utah graduates without a match. In short, the Division's analysis supports the estimate of the fiscal note for H.B. 396 (2017) that two graduates per year may apply for an associate physician position. Finally, however, regardless of the number of applicants for an associate physician position and the number of associate physician licensees in subsequent years, the Division estimates that these amendments will have no impact on any of these businesses over and above that already included in the fiscal note for H.B. 396 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0396.html, because these proposed amendments only implement the mandates of H.B. 396 (2017). In Section R156-68-302a, the Division estimates that there will be no impact on small business from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In Sections R156-68-102 and R156-68-807, the Division estimates that these proposed amendments establishing and clarifying the criteria for the collaborative practice arrangement between an associate physician and the collaborative physician, will have no impact on other persons over and above that already included in the fiscal note for H.B. 396 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0396.html, because these proposed amendments only implement the mandates of H.B. 396 (2017). In Section R156-68-302a, the Division estimates that there will be no impact on other persons from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: In Sections R156-68-102 and R156- 68-807, the fiscal note for H.B. 396 (2017) estimated that there would be a $150 annual compliance cost (licensing fees) for each individual who qualifies for and elects to obtain an associate physician license. The Division estimates that these amendments will have no additional impact on these affected persons over and above this cost already included in the fiscal note, available online at: https://le.utah.gov/~2017/bills/static/HB0396.html, because these amendments only implement the mandates of H.B. 396 (2017). In Section R156-68-302a, the Division estimates that there will be no compliance costs to any affected persons from these amendments that define the practitioner data banks used for verification, because these amendments only conform this rule to existing practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The new Section R156-68-807 and the amendments to Sections R156-68-102 and R156-68-302a implement H.B. 396 (2017). H.B. 396 amended the Osteopathic Medical Practice Act to establish the Associate Physician License classification effective 07/01/2018. This rule and these amendments provide necessary definitions and establish and clarify the requirements of the collaborative practice arrangement between an associate physician and the collaborative physician. Second, these amendments also clarify certain licensure requirements for all applicants applying for licensure as an osteopathic physician and surgeon by defining the practitioner data banks used for verification. In Section R156-68-102, these amendments to this rule provide definitions relative to the collaborative practice arrangement contract, terms, and approval requirement. In Section R156-68-302a, these amendments to this rule clarify the qualifications for licensure for all applicants applying for licensure as an osteopathic physician and surgeon under the Utah Osteopathic Medical Practice Act, by defining the practitioner data banks used for verification and required for submission of an application. These amendments have no fiscal impact, as they merely conform this rule to existing practice. The new Section R156-68-807 is added to establish and clarify the criteria for the collaborative practice arrangement contract between an associate physician and a collaborative physician. Because Section R156-68-807 and these amendments to Section R156-68-102 only implement the mandates of H.B. 396 (2017), the Division estimates that there will be no impact on businesses over and above that included in the fiscal note for H.B. 396 (2017), available online at https://le.utah.gov/~2017/bills/static/HB0396.html. Although there are currently 1,808 potential small-business employers in Utah in the health industry field (NAICS 621111, Offices of Physicians) who might hire an associate physician under the criteria clarified by these amendments, the Division estimates that annually only two or three medical school graduates will apply for associate physician positions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 09/20/2018 09:15 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43142.htm EDUCATION ADMINISTRATION No. 43138 (Amendment): R277-400. School Facility Emergency and Safety. SUMMARY OF THE RULE OR CHANGE: Section R277-400-6 was amended to update school emergency drill requirements to include a requirement that: 1) each local education agency (LEA) develop a student and parent reunification plan with the LEA’s local law enforcement agency; and 2) beginning with the 2019 - 2020 school year, a school have at least one parent and student reunification drill per year. Plus, the rule amendments 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: This rule change is not expected to have any material fiscal impacts on state government revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - LOCAL GOVERNMENTS: This rule change is not expected to have any material fiscal impacts on local governments' revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - SMALL BUSINESSES: This rule change is not expected to have any material fiscal impacts on small businesses' revenues or expenditures because it provides 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: This rule change is not expected to have any material fiscal impacts on other persons revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. 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 non- small businesses with a NAICS code 611110). These rule changes apply to a program for LEAs and will not have a fiscal impact on non-small 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 10/01/2018 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: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43138.htm No. 43132 (Amendment): R277-419-2. Definitions. SUMMARY OF THE RULE OR CHANGE: Section R277-419-2 is updated in response to H.B. 317 from the 2018 General Session which amends eligibility requirements for students with disabilities who turn 22 years old during the school year to continue to receive education services. The amendment to Section R277-419-2 changes the date from September 1 to July 1. This change is needed to update the Board's UTREX system prior to the beginning of the school year. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impacts on state government revenues or expenditures. Dates of eligibility for enrollment for students with disabilities was moved back from September to July of each year. Increased costs associated with students being eligible for up to half a year longer was funded during the 2018 General Session. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impacts on local governments revenues or expenditures. Dates of eligibility for enrollment for students with disabilities was moved back from September to July of each year. Increased costs associated with students being eligible for up to half a year longer was funded during the 2018 General Session thus local education agencies (local governments) will not be impacted. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impacts on small businesses. Dates of eligibility for enrollment for students with disabilities was moved back from September to July of each year. Increased costs associated with students being eligible for up to half a year longer was funded during the 2018 General Session. The change applies to a program for local education agencies and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impacts on persons other than small businesses, businesses, or local government entities. Dates of eligibility for enrollment for students with disabilities was moved back from September to July of each year. Increased costs associated with students being eligible for up to half a year longer was funded during the 2018 General Session. The changes will allow students with disabilities to stay enrolled in a public school until they finish the school year in the year they turn 21. No other impacts to 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 non- small businesses with a NAICS code 611110). This rule change applies to program for local education agencies and will not have a fiscal impact on non-small 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 10/01/2018 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: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43132.htm No. 43140 (Amendment): R277-602. Special Needs Scholarships - Funding and Procedures. SUMMARY OF THE RULE OR CHANGE: Board of Education Rule R277-602 is amended in response to S.B. 153 from the 2018 General Session, which amended provisions in the Carson Smith Scholarship Program. This rule provides standards and procedures for: 1) payments to be distributed to participating private schools; 2) auditing requirements related to the program; and 3) reimbursement requirements for participating private schools when students leave the school mid-school year. 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 it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies. Updates were also made to update code references changed by the recodification to the public education statute in the 2018 General Session. Rule R277-602 is amended in response to S.B. 153 (2018), which amended provisions in the Carson Smith Scholarship Program. This rule provides standards and procedures for: 1) payments to be distributed to participating private schools; 2) auditing requirements related to the program; and 3) reimbursement requirements for participating private schools when students leave the school mid-school year. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. Updates were also made to update code references changed by the recodification to the public education statute in the 2018 General Session. Rule R277-602 is amended in response to S.B. 153 (2018), which amended provisions in the Carson Smith Scholarship Program. This rule provides standards and procedures for: 1) payments to be distributed to participating private schools; 2) auditing requirements related to the program; and 3) reimbursement requirements for participating private schools when students leave the school mid-school year. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small business revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. Updates were also made to update code references changed by the recodification to the public education statute in the 2018 General Session. Rule R277-602 is amended in response to S.B. 153 (2018), which amended provisions in the Carson Smith Scholarship Program. This rule provides standards and procedures for: 1) payments to be distributed to participating private schools; 2) auditing requirements related to the program; and 3) reimbursement requirements for participating private schools when students leave the school mid-school year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. Updates were also made to update code references changed by the recodification to the public education statute in the 2018 General Session. Rule R277-602 is amended in response to S.B. 153 (2018), which amended provisions in the Carson Smith Scholarship Program. This rule provides standards and procedures for: 1) payments to be distributed to participating private schools; 2) auditing requirements related to the program; and 3) reimbursement requirements for participating private schools when students leave the school mid-school year. 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 non- small businesses with a NAICS code 611110). These rule changes apply to a program for local education agencies and will not have a fiscal impact on non-small 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 10/01/2018 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: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43140.htm No. 43139 (New Rule): R277-718. Out-of-School Time Program Quality Improvement Grants. SUMMARY OF THE RULE OR CHANGE: In the 2018 General Session, S.B. 202 created a grant program for after school programs. Rule R277-718 is proposed to initiate the oversight of the grant program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a new rule that establishes guidelines for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program created in the 2018 General Session by Section 53F-5- 210. This rule provides criteria, standards, and procedures for: 1) awarding grants; 2) grant recipients and matching requirements, accountability, and reporting; and 3) monitoring and reimbursement procedures. Funds were appropriated in the legislative session, $125,000, for the grant program. No further state fiscal impact. - LOCAL GOVERNMENTS: This is a new rule that establishes guidelines for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program created in the 2018 General Session by Section 53F-5- 210. This rule provides criteria, standards, and procedures for: 1) awarding grants; 2) grant recipients and matching requirements, accountability, and reporting; and 3) monitoring and reimbursement procedures. Funds were appropriated in the legislative session, $125,000, for the grant program. School districts and charter schools may receive up to $125,000 in total statewide and may be required to expend or provide evidence of private funds used to match. Match statewide would be no more than $125,000. - SMALL BUSINESSES: This is a new rule that establishes guidelines for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program created in the 2018 General Session by Section 53F-5- 210. This rule provides criteria, standards, and procedures for: 1) awarding grants; 2) grant recipients and matching requirements, accountability, and reporting; and 3) monitoring and reimbursement procedures. Funds were appropriated in the legislative session, $125,000, for the grant program. School districts and charter schools may receive up to $125,000 in total statewide and may be required to expend or provide evidence of private funds used to match. Match statewide would be no more than $125,000. No impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This is a new rule that establishes guidelines for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program created in the 2018 General Session by Section 53F-5-210. This rule provides criteria, standards, and procedures for: 1) awarding grants; 2) grant recipients and matching requirements, accountability, and reporting; and 3) monitoring and reimbursement procedures. Funds were appropriated in the legislative session, $125,000, for the grant program. School districts and charter schools may receive up to $125,000 in total statewide and may be required to expend or provide evidence of private funds used to match. Match statewide would be no more than $125,000. No impact on other persons, unless they elect to participate and provide the required match to the LEA who receives the grants. 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 non- small businesses with a NAICS code 611110). This rule change applies to program for local education agencies and will not have a fiscal impact on non-small 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 10/01/2018 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: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43139.htm GOVERNOR ECONOMIC DEVELOPMENT No. 43152 (New Rule): R357-22. Rural Employment Expansion Program Rule. SUMMARY OF THE RULE OR CHANGE: Section R357-22-102 creates definitions that will be used to administer the Program. Section R357-22-103 references the authority granted in the statutory language that grants rulewriting authority. Section R357-22-104 outlines the form and content of the application for participation in the Program. Section R357-22-105 establishes the minimum documentation required to demonstrate the creation of new full-time positions. Section R357-22-106 establishes the appeal process for contesting the Office's analysis of the creation of new full-time positions. Section R357-22-107 codifies various requirements for the administration of the Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The purpose of this proposed rule is to implement H.B. 390 (2018), and costs or savings were included in the Legislature's consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0390.html. - LOCAL GOVERNMENTS: There are no anticipated costs or savings created by this proposed rule related to local governments. The purpose of this proposed rule is to implement H.B. 390 (2018), and costs or savings were included in the Legislature's consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0390.html. - SMALL BUSINESSES: There are no anticipated costs or savings created by this proposed rule related to small businesses. The purpose of this proposed rule is to implement H.B. 390 (2018), and costs or savings were included in the Legislature's consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0390.html. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings created by this proposed rule related to other persons. The purpose of this proposed rule is to implement H.B. 390 (2018), and costs or savings were included in the Legislature's consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0390.html. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings created by this proposed rule related to affected persons. The purpose of this proposed rule is to implement H.B. 390 (2018), and costs or savings were included in the Legislature's consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0390.html. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule implements H.B. 390 (2018) which created the Rural Employment Expansion Program. The purpose of this rule is to clarify the standards for participation in the Program. This rule will have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8895, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43152.htm No. 43149 (New Rule): R357-23. Business Expansion and Retention Initiative Rule. SUMMARY OF THE RULE OR CHANGE: Section R357-23-102 creates definitions that will be used to administer the program. Section R357-23-103 references the authority granted in the statutory language that permits rulewriting authority. Section R357-23-104 outlines the content of the application for participation in the program. Section R357-23-105 clearly establishes that participation in the application process and approval to participate in the program does not guarantee grant funding. Section R357-23-105 codifies activities, in addition to those outlined in Subsection 63N-3-104.5(7)(a), a rural economic development entity shall use grants funds for. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature’s consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html. - LOCAL GOVERNMENTS: There are no anticipated costs or savings created by this proposed rule related to local governments. The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature’s consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html. - SMALL BUSINESSES: There are no anticipated costs or savings created by this proposed rule related to small businesses. The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature’s consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings created by this proposed rule related to other persons. The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature’s consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings created by this proposed rule related to the affected persons. The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature’s consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule implements H.B. 212 (2018) which created the Business Expansion and Retention Initiative. The purpose of this rule filing is to clarify the standards for participation in the program. This rule will have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8895, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43149.htm HEALTH ADMINISTRATION No. 43144 (New Rule): R380-300. Employee Background Screening. SUMMARY OF THE RULE OR CHANGE: This new rule will outline the process for the background screening of Department employees as per S.B. 143 from the 2018 General Session. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: After conducting a thorough analysis, it was determined that this proposed rule will result in a fiscal impact to the state budget. It is estimated that it will take 3 years to work through the 1,200 current employees, 400 per year, and there are about 250 new employees per year. At a cost of $67 per person, the total cost per year will be roughly $43,500 per year. After the current employees are cleared, then the cost will drop as only the new hires will need to be processed each year. - LOCAL GOVERNMENTS: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to local governments because this new rule only applies to the state Department of Health not local department of health entities. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the small businesses because this new rule only applies to the state Department of Health not small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses, individuals, local governments, and persons that are not small businesses because this new rule only applies to the state Department of Health not businesses, individuals, local governments, and persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to affected persons because this new rule only applies to the state Department of Health not persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In accordance with S.B. 143 (2018), this rule establishes the Department process for background screenings for current and potential employees. The Department will pay for the cost of the screenings will result in an annual cost of $67 per employee totaling approximately $43,500 per year to the Department. 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 10/01/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43144.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43136 (Amendment): R432-950. Mammography Quality Assurance. SUMMARY OF THE RULE OR CHANGE: This amendment will require all mammography providers to provide notice to women with dense breast tissue of the relevant health care information related to that type of tissue. The specific notice to be given is provided in the statute and added to this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The mammography reporting process was reviewed. This proposed amendment will not add any new process steps for the regulatory agency. This proposed amendment is not expected to impact state revenues or expenditures. - LOCAL GOVERNMENTS: Local governments were considered, however, this won’t affect any government processes. - SMALL BUSINESSES: This amendment will not affect small mammography businesses. They already provide information to women who have been screened. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment will not affect businesses or other individuals. Mammography facilities already provide information to women who have been screened. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed amendment will not result in a fiscal impact to affected persons because this amendment does not introduce any new processes to mammography facilities. 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 rule will not result in 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 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - 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: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43136.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43141 (Amendment): R523-5. Peer Support Specialist Training and Certification. SUMMARY OF THE RULE OR CHANGE: These changes include: the authorization citation has been updated; PSSs are required to abide by the Department of Human Services (DHS) code of conduct; the employer of a PSS is required to report if they are aware of misconduct by a PSS; the Division of Substance Abuse and Mental Health (Division) may revoke certification if the PSS acts unprofessionally or illegally, or does not meet the CEU requirements; and PSSs that have been notified of a revocation may appeal their case to the Division director or designee, who may support or revoke the revocation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost, these rule changes formalize the Division's procedure within PSS certification. In the new Section R523-5-9, they clarify that the Division will start sending Notices of Agency Action (NAA) out to the individuals that have their PSS certification revoked. This is a new process so there is not an average number of revocations to calculate, but based on past experience, about one person per year is discharged by their employer for illegal or unprofessional conduct; putting together one NAA in the first year, and calculating printing and mailing cost makes this impact basically negligible. - LOCAL GOVERNMENTS: These amendments are mostly clarifying in nature and do not require any additional actions from local governments than already exist. There should be no cost savings or increases to local governments. - SMALL BUSINESSES: It is anticipated that no small businesses will participate in the certification or endorsement described in this rule. This rule mostly effects local governments, employees of local governments, businesses contracted with local governments to provided substance use and/or mental health treatment services (none of which are small businesses at this time), and private citizens that are proactively seeking work within the public substance use and mental health treatment field and are covering personal cost to receive the certification and endorsement to place on a resume. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Each PSS has been required by this rule to "maintain adequate documentation as proof of compliance" in the new Section R523-5-9. In the past, PSS certifications have been revoked by noncompliance, these instances have been handled at the employer level, this rule change adds clarifying language on how the Department will handle these as a whole. There is no reason to believe that more individuals are at risk of losing employment because of a decertification over the number of individuals that lost employment before a formal process was in place. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are associated with this rule change other than those that already exist from the initial establishment of this rule. 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 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 10/01/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43141.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 October 1, 2018. From the end of the 30-day waiting period through December 30, 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 ADMINISTRATION No. 42781 (Change in Proposed Rule): R305-7. Administrative Procedures. SUMMARY OF THE RULE OR CHANGE: In response to public comments, certain revisions on the proposed rule language were deemed reasonable and appropriate. More specifically, the following changes were made: 1) Subsection R305-7-101(2)(a) was revised to clarify that thid rule applies to all adjudications before the entire Department of Environmental Quality (Department); 2) Section R305-7-104 was not revised despite comments on this provision. The commentor took the position that the Department should allow for the initiation of adjudicative proceedings via email or other electronic filing. The current rule requires that a signed, paper copy must be received by the applicable Director as of the due date. The Administration's position is that the current rule, as has been judicially interpreted, requires that a paper copy of an appeal be received as of the due date. The present amendments do not represent any change to the substance of the present rule. Rather, the present amendment is intended to clarify the existing rule. The Department has determined that the initiation of an adjudicative proceeding requires a procedural trigger as appeal deadlines are jurisdictional. It is reasonable for the Department to require that a physical, signed, hard- copy of any appeal be received by the due date so as to assure that the Director actually receives notice of the appeal and can initiate the internal procedures to trigger an adjudication. Initiation of new adjudications via email is not desirable. Utah state courts require a case intake process to initiate new actions. This requires a court clerk to review the filing and accept it. This rule, as amended, was found to be reasonable and in the interests of due process; 3) Section R305-7-114, regarding dismissal for failure to prosecute, was changed to provide a putative party (such as a permittee or licensee) the right to file a motion to dismiss for failure to prosecute; 4) Subsection R305-7-200(2) was amended in response to comments about potential unfairness of the retroactive application of the 2018 amendments. Retroactivity does not apply if there is good cause to apply a former version of this rule in a given situation; 5) Subsection R305-7-302(4), regarding service, was amended to reduce the number of days a Director has to serve a notice from seven to three days. This is reasonable. The automatic extension still applies for each day in excess of three days. It is the normal practice of Directors to serve notices promptly. Three days is consistent with current practices; 6) Subsection R305-7-306(4) was re- written so as to encourage parties to meet and confer and submit a Joint Status Report. Only if the parties are unable to do so do the other procedures apply – that the Director would submit a status report, followed by an opportunity for the opposing party to respond. This revision was found to be more consistent with the Utah Rules of Civil Procedure and the normal practice of persons appearing in adjudicative proceedings; 7) Subsection R305-7-306(5) was amended so as to provide a good-cause exception to the rule that responses are not due until the administrative law judge (ALJ) has issued a Notice of Further Proceedings; and 8) Section R305-7-310 was amended to: a) add a provision regarding the use of standard protective orders to address confidentiality issues; and b) delete the proposed provision regarding the application of GRAMA to document discovery. This was the most controversial provision of these proposed rule changes. Based on comments received, it was decided that the most appropriate way to achieve the policy goals of GRAMA as to the protection of certain information is to use a protective order such as is commonly done in federal and state courts. Subsection (2)(b) was amended to provide for the staged service of initial disclosures, making this amendment more consistent with the Utah Rules of Civil Procedure. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the May 1, 2018, issue of the Utah State Bulletin, on page 40. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments will have no impact on the state budget because these amendments simply provide additional clarification of procedure that is already in place under the existing rule. - LOCAL GOVERNMENTS: These amendments will have no impact on local governments because these amendments simply provide additional clarification of procedure that is already in place under the existing rule. - SMALL BUSINESSES: These amendments will have no impact on small businesses because these amendments simply provide additional clarification of procedure that is already in place under the existing rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments will have no impact on other persons because the amendments simply provide additional clarification of procedure that is already in place under the existing rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: These revisions to the proposed amendments published under Filing No. 42781 in the May 1, 2018, Bulletin, will not result in additional compliance costs for affected persons. There is no associated fee. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These revisions to the proposed amendments published under Filing No. 42781 in the May 1, 2018, Bulletin, will not result in additional compliance costs for businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bret Randall by phone at 801-536-0284, or by Internet E-mail at bfrandall@agutah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/42781.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. 43131 (5-year Review): R277-613. LEA Bullying, Cyber-bullying, Hazing and Harassment Policies and Training. 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 still necessary because it requires LEAs to implement bullying, cyber-bullying, hazing, and harassment policies district and school wide; to provide for regular and meaningful training of school employees and students; to provide for enforcement of the policies in schools, at the state level and in public school athletic programs; to require LEAs to notify parents of specific bullying, cyber- bullying, hazing, harassment and suicide threat incidents; and to require LEAs to maintain documentation as required by law. 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: 08/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43131.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 43130 (5-year Review): R317-15. Water Quality Certification. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of the State Water Quality Certification is to ensure that the federally permitted or licensed activities will be conducted in a manner that will comply with applicable discharge and water quality requirements in order to maintain the chemical, physical, and biological integrity of the State's waters. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 08/02/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43130.htm INSURANCE ADMINISTRATION No. 43133 (5-year Review): R590-246. Professional Employer Organization (PEO) License 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: It is important that this rule remain in force. It provides forms and instruction for the licensure of Professional Employer Organizations (PEOs), which are a unique group. Unlike other licensees of the Department, PEOs do not have other guidance contained within the Insurance Code. 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: 08/03/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43133.htm No. 43134 (5-year Review): R590-250. PEO Assurance Organization Designation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As long as the law allows PEOs to be qualified by an assurance organization, this rule will be necessary to provide the steps to become a designated assurance organization. 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: 08/03/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43134.htm No. 43135 (5-year Review): R590-251. Preneed Life Insurance Minimum Standards For Determining Reserve Liabilities And Nonforfeiture Values 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 must remain in force because it helps protect the public interest on preneed policies by increasing reserves to an appropriate level, promoting a responsible competitive environment by ensuring all insurers act responsibly, creating equitable value for consumers by increasing cash values, and promoting the reliability, solvency, and financial solidarity of insurance institutions by increasing the reserve requirement on preneed policies. 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: 08/03/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180901/43135.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. EDUCATION ADMINISTRATION No. 42963 (REP): R277-403.Student Reading Proficiency and Notice to Parents Published: 07/01/2018 Effective: 08/07/2018 No. 42997 (AMD): R277-406.K-3 Reading Improvement Program and the State Reading Goal Published: 07/01/2018 Effective: 08/07/2018 No. 42962 (REP): R277-411.School District Sponsored School Seminars on Youth Protection-Related Issues Published: 07/01/2018 Effective: 08/07/2018 No. 42996 (AMD): R277-463.Class Size Average and Pupil-Teacher Ratio Reporting Published: 07/01/2018 Effective: 08/07/2018 No. 42991 (AMD): R277-470.Charter Schools - General Provisions Published: 07/01/2018 Effective: 08/07/2018 No. 42992 (AMD): R277-481.Charter School Oversight, Monitoring and Appeals Published: 07/01/2018 Effective: 08/07/2018 No. 42998 (AMD): R277-492.Utah Science Technology and Research Initiative (USTAR) Centers Program Published: 07/01/2018 Effective: 08/07/2018 No. 42999 (AMD): R277-497.School Grading System Published: 07/01/2018 Effective: 08/07/2018 No. 42993 (AMD): R277-525.Special Educator Stipends Published: 07/01/2018 Effective: 08/07/2018 No. 42994 (AMD): R277-617.Smart School Technology Program Published: 07/01/2018 Effective: 08/07/2018 No. 42995 (AMD): R277-619.Student Leadership Skills Development Published: 07/01/2018 Effective: 08/07/2018 ENVIRONMENTAL QUALITY AIR QUALITY No. 42676 (AMD): R307-101-2.Definitions Published: 04/01/2018 Effective: 08/02/2028 No. 42676 (CPR): R307-101-2.Definitions Published: 07/01/2018 Effective: 08/02/2018 No. 42675 (AMD): R307-403.Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas Published: 04/01/2018 Effective: 08/02/2018 No. 42675 (CPR): R307-403.Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas Published: 07/01/2018 Effective: 08/02/2018 INSURANCE ADMINISTRATION No. 43000 (R&R): R590-160.Administrative Proceedings Published: 07/01/2018 Effective: 08/14/2018 No. 43007 (AMD): R590-164.Uniform Health Billing Rule Published: 07/01/2018 Effective: 08/14/2018 NATURAL RESOURCES WILDLIFE RESOURCES No. 42965 (AMD): R657-3.Collection, Importation, Transportation, and Possession of Animals Published: 07/01/2018 Effective: 08/09/2018 No. 42966 (AMD): R657-41.Conservation and Sportsman Permits Published: 07/01/2018 Effective: 08/09/2018 No. 42967 (AMD): R657-50.Error Remedy Published: 07/01/2018 Effective: 08/09/2018 No. 42968 (AMD): R657-53.Amphibian and Reptile Collection, Importation, Transportation and Possession Published: 07/01/2018 Effective: 08/09/2018 No. 42969 (AMD): R657-54.Taking Wild Turkey Published: 07/01/2018 Effective: 08/09/2018 No. 42970 (AMD): R657-55.Wildlife Expo Permits Published: 07/01/2018 Effective: 08/09/2018 No. 42971 (AMD): R657-56.Recreational Lease of Private Lands for Free Public Walk-in Access Published: 07/01/2018 Effective: 08/09/2018 No. 42972 (AMD): R657-57.Division Variance Rule Published: 07/01/2018 Effective: 08/09/2018 No. 42973 (AMD): R657-62.Drawing Application Procedures Published: 07/01/2018 Effective: 08/09/2018 No. 42974 (AMD): R657-64.Predator Control Incentives Published: 07/01/2018 Effective: 08/09/2018 No. 42975 (AMD): R657-69.Turkey Depredation Published: 07/01/2018 Effective: 08/09/2018 SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 42945 (AMD): R850-6-200.Definitions Published: 07/01/2018 Effective: 08/07/2018 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/ . <> ----------------------------