---------------------------- Utah State Digest, Vol. 2018, No. 18 (September 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed August 16, 2018, 12:00 AM through August 31, 2018, 11:59 PM Volume 2018, No. 18 September 15, 2018 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for October 2018 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/sn160559.htm Pediatric Dental Supplemental Payments - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/sn160580.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Wildland Fire Management, Utah Exec. Order No. 2018-6 - 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/ExecDoc160586.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 16, 2018, 12:00 a.m., and August 31, 2018, 11:59 p.m. are summarized in this, the September 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the September 15, 2018, issue of the Utah State Bulletin until at least October 15, 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 January 13, 2019, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE REAL ESTATE No. 43165 (Amendment): R162-2e. Appraisal Management Company Administrative Rules. SUMMARY OF THE RULE OR CHANGE: In Section R162-2e-102, the definition of business day is amended. Subsection R162-2e-304(1) is amended to require an AMC to notify its appraisers of the criteria the AMC uses to rank an appraiser on a panel when an appraiser is first added to a panel, and, if the AMC changes ranking criteria, to notify appraisers of the changes the AMC uses to rank the appraisers. Subsection R162-2e-304(2) is renumbered and a new subsection added that would require an AMC to reply to a written request from an appraiser within 10 days regarding the status of the appraiser on an appraiser panel and the removal of the appraiser from an appraiser panel. Subsection R162-2e-304(3) is renumbered and provides the manner by which an AMC may respond to a written request from an appraiser. Subsection R162-2e-304(4) is renumbered and clarifies the term "general criteria" as used in ranking appraisers in an appraiser panel. Subsection R162-2e-304(5) is added to prevent an AMC from having to respond to multiple requests from an appraiser which are unreasonably duplicative. Subsection R162-2e-304(6) is added to provide a safe harbor to an AMC for compliance with the requirement that the AMC pay a customary and reasonable fee for an appraisal assignment if the AMC chooses to pay consistent with the applicable VA fee schedule. Section R162-2e-306 is added to the current rule and would limit the timing for awarding an appraisal assignment which is communicated by an AMC simultaneously to two or more appraisers. The assignment could not be awarded to an appraiser for a minimum of 120 minutes following the offer or until each appraiser has affirmatively responded or, if offered on a day other than a business day, the assignment could not be awarded to an appraiser until 9:00 a.m. on the next business day. An AMC is not restricted from contacting an appraiser or group of appraisers for reasons other than awarding an assignment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Real Estate has the staff and budget in place to administer these proposed amendments. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact, affect those resources, or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the AMC administrative rules. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to local governments. - SMALL BUSINESSES: These proposed amendments do create new obligations for AMCs that are small businesses. These compliance costs for small businesses are detailed below in the Compliance costs for affected persons, and in Appendix 1: Regulatory Impact Summary Table. Only small businesses that are Appraisal Management Companies will incur compliance costs from these proposed amendments. These proposed amendments do not create new obligations for small businesses that are not AMCs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments do create new obligations for AMCs that are non-small businesses. These compliance costs for non-small businesses are detailed below under costs for affected persons, and in Appendix 1: Regulatory Impact Summary Table. Only non-small businesses that are AMCs will incur compliance costs from these proposed amendments. Except for non-small businesses that are AMCs, the proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are 136 AMCs registered to do business in the state of Utah. Nine of these companies are established and operated from Utah. 127 companies are operated from outside Utah. Approximately 75% of AMCs are small businesses and 25% are non-small businesses. The fiscal impact of the proposed rule amendment may vary significantly between AMCs, depending on the current business model and business practices of each AMC and depending on the industry representative estimating the compliance cost. Initial one-time compliance cost estimates for the proposed rule amendment received from representatives of the appraisal management industry range from of $3,750 per company to $350,000 per company. These various assertions by industry members are combined and extrapolated in Appendix 1. The actual Fiscal Year Impact for 2019 may be somewhat higher or much lower than the table indicates, depending on the accuracy of the assertions of industry members. Annual compliance costs for years subsequent to the initial first year costs are estimated to be $180 per company. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are an estimated 34 large businesses in the AMC industry (NAICS 531320) operating in Utah. These businesses account for an estimated 25% of the total number of AMCs. There are 136 AMCs registered to do business in the state of Utah. Nine of these companies are established and operated from Utah. 127 companies are operated from outside Utah. Approximately 75% of AMCs are small businesses and 25% are non-small businesses. The fiscal impact of these proposed rule amendments may vary significantly between AMCs, depending on the current business model and business practices of each AMC. Industry representatives estimating the compliance costs have not agreed on the amount of these costs. In this regard, initial one-time compliance cost estimates for these proposed rule amendments received from representatives of the appraisal management industry range from of $3,750 per company to $350,000 per company. These various assertions by industry members are combined and extrapolated in Appendix 1. The actual Fiscal Year Impact for 2019 may be somewhat higher or much lower than the table indicates, depending on the accuracy of the assertions of industry members. Annual compliance costs for years subsequent to the initial first year costs are estimated to be $180 per company, see Appendix 1: Regulatory Impact Summary Table. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43165.htm FINANCIAL INSTITUTIONS NONDEPOSITORY LENDERS No. 43176 (Repeal): R343-9. Deferred Deposit Lenders Registration with the Nationwide Database. SUMMARY OF THE RULE OR CHANGE: The rule is being repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing this rule will not have a fiscal impact on state government revenues or expenditures. This rule contains guidance for persons transiting to registering with the nationwide database. The transition period has ended and the ongoing requirements of this rule are spelled out in statute and thus this rule is no longer necessary. - LOCAL GOVERNMENTS: Repealing this rule will not have a fiscal impact on local governments' revenues or expenditures. This rule contains guidance for persons transiting to registering with the nationwide database. The transition period has ended and the ongoing requirements of this rule are spelled out in statute and thus this rule is no longer necessary. - SMALL BUSINESSES: Repealing this rule will not have a fiscal impact on small businesses' revenues or expenditures. This rule contains guidance for persons transiting to registering with the nationwide database. The transition period has ended and the ongoing requirements of this rule are spelled out in statute and thus this rule is no longer necessary. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing this rule will not have a fiscal impact on other individuals' revenues or expenditures. This rule contains guidance for persons transiting to registering with the nationwide database. The transition period has ended and the ongoing requirements of this rule are spelled out in statute and thus this rule is no longer necessary. 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: Repealing this rule will not have a fiscal impact on businesses' revenues or expenditures. This rule contains guidance for persons transiting to registering with the nationwide database. The transition period has ended and the ongoing requirements of this rule are spelled out in statute and thus this rule is no longer necessary. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at pallred@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43176.htm GOVERNOR ECONOMIC DEVELOPMENT No. 43180 (Repeal): R357-4. Government Procurement Private Proposal Program. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The repeal of this rule coincides with S.B. 23 (2018) which repealed the Government Procurement Private Proposal Program Committee and all related provisions, 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/SB0023.html. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments. The repeal of this rule coincides with S.B. 23 (2018) which repealed the Government Procurement Private Proposal Program Committee and all related provisions 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/SB0023.html. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. The repeal of this rule coincides with S.B. 23 (2018) which repealed the Government Procurement Private Proposal Program Committee and all related provisions 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/SB0023.html. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The repeal of this rule coincides with S.B. 23 (2018) which repealed the Government Procurement Private Proposal Program Committee and all related provisions, 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/SB0023.html. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The repeal of this rule coincides with S.B. 23 (2018) which repealed the Government Procurement Private Proposal Program Committee and all related provisions 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/SB0023.html. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal of 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 10/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43180.htm ECONOMIC DEVELOPMENT, CONSUMER HEALTH EXCHANGE No. 43179 (Repeal): R358-1. Electronic Standards for Transmitting Information through the Health Insurance Exchange. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The repeal of this rule is to wind down the small employer health insurance exchange known as Avenue H as a result of H.B. 336 (2017), 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/~2017/bills/static/hb0336.html. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments. The repeal of this rule is to wind down the small employer health insurance exchange known as Avenue H as a result of H.B. 336 (2017), 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/~2017/bills/static/hb0336.html. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. The repeal of this rule is to wind down the small employer health insurance exchange known as Avenue H as a result of H.B. 336 (2017), 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/~2017/bills/static/hb0336.html. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The repeal of this rule is to wind down the small employer health insurance exchange known as Avenue H as a result of H.B. 336 (2017), 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/~2017/bills/static/hb0336.html. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The repeal of this rule is to wind down the small employer health insurance exchange known as Avenue H as a result of H.B. 336 (2017), 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/~2017/bills/static/hb0336.html. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal of 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 10/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43179.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43177 (Amendment): R426-1. General Definitions. SUMMARY OF THE RULE OR CHANGE: The definition change is to repeal the last rule amendment from April 2018 and re-enact the prior definition. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule change is not expected to have any fiscal impact on state government revenues or expenditures, because this amendment is to re-enact the definition prior to the last rule change. There is no fiscal impact because this rule amendment is simply re-enacting the rule that was in effect prior to April 2018. - LOCAL GOVERNMENTS: This proposed rule change is not expected to have any fiscal impact on local governments' revenues or expenditures, because this amendment is to re-enact the definition prior to the last rule change. There is no fiscal impact because this rule amendment is simply re-enacting the rule that was in effect prior to April 2018. - SMALL BUSINESSES: This proposed rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures, because this amendment is to re-enact the definition prior to the last rule change. There is no fiscal impact because this rule amendment is simply re-enacting the rule that was in effect prior to April 2018. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is one non-small business operating as a licensed ambulance provider in Utah as per Utah Department of Health licensing records. This business is not expected to have a fiscal impact associated with this amendment because it is only a clarification of a term used for a type of ambulance transport. This amendment will return to the definition used prior to the current definition made effective 04/19/2018. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule amendment is not expected to have any fiscal impact on affected persons. 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 amendment 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 10/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43177.htm No. 43178 (Amendment): R426-2. Emergency Medical Services Provider Designations for Pre-Hospital Providers, Critical Incident Stress Management and Quality Assurance Reviews. SUMMARY OF THE RULE OR CHANGE: These rule amendments are to repeal the last rule amendment and re-enact the prior rule language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they are reinstating the prior requirements for designated medical dispatch centers. State expenditures and staff time are not affected. - LOCAL GOVERNMENTS: These proposed rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures because they are reducing a requirement for designated medical dispatch centers to dispatch by license type. Local governments expenditures and staff time are not affected. - SMALL BUSINESSES: These proposed rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures, because no small businesses are included in the entities affected by these amendments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no non-small businesses operating as a designated medical dispatch center in Utah as per Utah Department of Health designation records. Therefore, there are no non-small businesses expected to have a fiscal impact associated with these amendments. These amendments will return designated medical dispatch center language used prior to the current language made effective 04/19/2018, and other amendments made for consistency in formatting. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule amendments are not expected to have any fiscal impact on affected persons. 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 rule amendments 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 10/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43178.htm LABOR COMMISSION BOILER, ELEVATOR AND COAL MINE SAFETY No. 43164 (Amendment): R616-3-4. Inspector Qualification. SUMMARY OF THE RULE OR CHANGE: The current rule states that an elevator inspector must be certified as a Qualified Elevator Inspector (QEI) from a nationally accredited organization. This requirement severely hampers the effectiveness of the Division in that it requires each inspector to have performed or witnessed elevator inspections for at least one year before they can apply to take the national QEI examination which only tests on national elevator standards. Additionally, the national QEI test contains questions which are not relevant to Utah because the jurisdiction of the Division in Utah does not include inspection of residential elevators or elevators in federal buildings. These rule changes comply with Subsection 34A-7-203(4) and specifically defines the nationally recognized standards of qualifications for inspectors of elevators and escalators which Utah will use. This rule explains that an inspector must be certified by the Division, sets out the experience requirements to become a State Elevator Inspector, and also explains the subject matter of the examination required to be taken and the percentage which a person will be required to obtain in order to be pass the examination and be certified as a State Elevator Inspector. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings to the state budget. These rule changes are for clarification purposes and will have not have any fiscal impact on the Division or the state of Utah. - LOCAL GOVERNMENTS: There will be no cost or savings to any local government. These rule changes are for clarification purposes and will not have any fiscal impact on local governments. - SMALL BUSINESSES: These will be no cost or savings to small businesses. These rule changes are for clarification purposes and will not have any fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings to other persons with these changes. These rule changes are for clarification purposes only and will have no fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost or savings associated with these changes. These rule changes are for clarification purposes only and will have no fiscal impact. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost or savings associated with these changes. These rule changes are for clarification purposes only and will have no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by Internet E-mail at awindham@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43164.htm PUBLIC SAFETY DRIVER LICENSE No. 43173 (Amendment): R708-14. Adjudicative Proceedings For Driver License Actions Involving Alcohol and Drugs. SUMMARY OF THE RULE OR CHANGE: The definition of "Adjudicative proceeding" has been removed, and a reference to definitions found in Section 63G-4-103 is included in this rule. In addition, Section R708- 14-3 has been renumbered. A new Section R708-14-9 was added at the recommendation of the Administrative Rules Review Committee. Other minor changes were made to this rule in an effort to ensure that the rule accurately reflects current procedures and complies with statutory provisions. The terms "hearing officer" and "presiding officer" have been modified in some areas of this rule in the interest of clarity. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Driver License Division (Division) does not anticipate a cost or a savings to the state budget as a result of these rule changes because the changes reflected in this rule will not result in a change in current procedures for conducting an administrative alcohol or drug proceeding. - LOCAL GOVERNMENTS: The Division does not anticipate a cost or savings to local governments because this rule does not have any impact on local governments. This rule only addresses the manner in which administrative alcohol and drug proceedings will be conducted by the Division. - SMALL BUSINESSES: The Division does not anticipate a cost or savings to small businesses because this rule does not have any impact on small businesses. This rule only addresses the manner in which administrative alcohol and drug proceedings will be conducted by the Division. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Division does not anticipate a cost or savings to persons other than small businesses or local government entities because this rule does not have any impact on persons other than small businesses or local government entities. This rule only addresses the manner in which administrative alcohol and drug proceedings will be conducted by the Division. It is anticipated that the changes made in this rule will result in drivers who request and participate in an administrative alcohol or drug proceeding receiving their final notice of agency action in a more timely manner. This may result in a person who is authorized to maintain their driving privilege following the proceeding receiving their driver license back from the Division in a more timely manner. As a result, this could have a positive fiscal impact due to their ability to drive for employment purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division does not anticipate any compliance costs for affected persons because these rule changes only address the manner in which administrative alcohol and drug proceedings will be conducted. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Division does not anticipate a cost or savings to businesses because this rule does not have any impact on businesses. This rule only addresses the manner in which administrative alcohol and drug proceedings will be conducted by the Division. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Tara Zamora by phone at 801-964-4483, by FAX at 801-964-4482, or by Internet E-mail at tarazamora@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43173.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 43160 (Amendment): R926-13. Designated Scenic Byways. SUMMARY OF THE RULE OR CHANGE: These proposed amendments do two things: first, it changes the designation of State Route 67, beginning at I-215 and running to I-15 from the Great Salt Lake Legacy Parkway Scenic Byway to the Great Salt Lake Scenic Byway, and extends this scenic byway to include the future West Davis Corridor beginning at SR-67 milepost 10 running northwest to State Route 37 milepost 4; State Route 127 from the Junction with the West Davis Corridor running west/southwest to the Antelope Island Marina. Second, it designates State Route 66, beginning at I-84 in Morgan south to the Junction with State Route 65 from the junction with State Route 66 south to I-80 in Parleys Canyon as the Morgan-Parleys Scenic Byway. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that these proposed changes will lead to any increased cost or savings to the state's budget. These proposed changes do not require or eliminate any work for state employees, nor require or eliminate any expenditure of funds by the state. The state may voluntarily include Scenic Byway items such as signing in future projects that may cause minor fiscal impact, but this is not mandatory. The state will likely benefit from any increased tourism related to the designation of these Scenic Byways, but quantifying this benefit is not possible at present. - LOCAL GOVERNMENTS: These proposed amendments do not mandate anything that will cause fiscal impacts to local governments. Local governments may be represented on either of the Scenic Byway Committees requesting these rule changes and they may voluntarily provide funding to meet grant matching requirements. Designation of a Scenic Byway has the potential to increase tourism in communities so the small businesses, and in turn the local governments, will likely see some fiscal benefit although it is impossible to estimate how much that might be. - SMALL BUSINESSES: These proposed amendments do not mandate anything that will cause fiscal impacts to small businesses. Designating a road or segment of a road as a Scenic Byway has the potential to increase tourism in communities, so the small businesses will likely see some fiscal benefit as a result, but it is impossible to estimate how much that might be. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that these proposed changes will lead to any increased cost or savings to persons other than small businesses, businesses, or local government entities. These proposed changes do not require or eliminate any work for persons other than small businesses, businesses, or local government entities nor require or eliminate any expenditure of funds by them. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for any person affected by these proposed amendments. They do not require any expenditures by any affected person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments will not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - Eileen McCown by phone at 801-965-4030, or by Internet E-mail at emccown@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43160.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43171 (5-year Review): R156-44a. Nurse Midwife Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 44a, with respect to certified nurse midwives. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements, and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov EFFECTIVE: 08/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43171.htm FINANCIAL INSTITUTIONS ADMINISTRATION No. 43161 (5-year Review): R331-20. Designation of Adjudicative Proceedings as Informal. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department has determined that: a) the use of the informal procedures does not violate any procedural requirement imposed by law; b) the rights of the parties to the proceedings will be reasonably protected by the informal procedures; c) the Department's administrative efficiency will be enhanced by the designation; and d) the cost of formal adjudicative proceedings outweighs the potential benefits to the public of a formal adjudicative proceeding. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at pallred@utah.gov EFFECTIVE: 08/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43161.htm No. 43163 (5-year Review): R331-21. Rule Governing Establishment of and Participation in Collective Investment Funds by Trust Companies. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule authorizes the establishment of and participation in collective investment funds by trust companies subject to the jurisdiction of the Department. There is presently one trust company that must still comply with this rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at pallred@utah.gov EFFECTIVE: 08/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43163.htm No. 43162 (5-year Review): R331-24. Accounting for Accrued Uncollected Income by Banks and Industrial Loan Corporations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes accounting requirements for accrued uncollected income to ensure accurate accounting of the income of banks and industrial loan corporations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at pallred@utah.gov EFFECTIVE: 08/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43162.htm LIEUTENANT GOVERNOR ADMINISTRATION No. 43157 (5-year Review): R622-1. Adjudicative Proceedings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Administrative proceedings are a requirement for any petitioner questioning a ruling or wishing to appeal a decision. Therefore, this rule should be continued. (EDITOR'S NOTE: The agency tried to file this review before the deadline. There was a technical problem and it was not filed. The Office of Administrative Rules has decided to make it effective 08/09/2018 which was the due date because they did try to file. Our filing system does not allow retroactive dates so while it appears to be effective 08/20/2018 it is really effective 08/09/2018.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Storie by phone at 801-538-1746, or by Internet E-mail at jenstorie@utah.gov EFFECTIVE: 08/20/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43157.htm PUBLIC SAFETY FIRE MARSHAL No. 43172 (5-year Review): R710-13. Reduced Cigarette Ignition Propensity and Firefighter Protection Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Since the passage of this legislation, and similar legislation across the United States, fires caused by careless use of cigarettes has been reduced by almost 50%. This rule provides the clarification necessary to effectively implement this legislation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Coy Porter by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at coyporter@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 08/28/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43172.htm TRANSPORTATION ADMINISTRATION No. 43167 (5-year Review): R907-64. Longitudinal and Wireless Access to Interstate System Rights-of-Way for Installation of Telecommunication Facilities. 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 be continued because the Department still uses it to regulate the subject matter. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 08/27/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43167.htm No. 43168 (5-year Review): R907-65. Compensation Schedule for Longitudinal Access to Interstate Highway Rights-of-Way for Installation of Telecommunications Facilities. 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 be continued because the Department still uses it to regulate the subject matter and the statute requiring this rule is still in force. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - Eileen McCown by phone at 801-965-4030, or by Internet E-mail at emccown@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 08/27/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43168.htm No. 43169 (5-year Review): R907-67. Debarment of Contractors from Work on Department Projects -- Reasons. 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 be continued because the Department still uses it to regulate the subject matter and the statute requiring this rule is still in force. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - Eileen McCown by phone at 801-965-4030, or by Internet E-mail at emccown@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 08/27/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43169.htm PROGRAM DEVELOPMENT No. 43170 (5-year Review): R926-10. Tollway Development Agreements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 72-6-204(1) is still in force, therefore, the Department must continue this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - Eileen McCown by phone at 801-965-4030, or by Internet E-mail at emccown@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 08/27/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43170.htm TRANSPORTATION COMMISSION ADMINISTRATION No. 43174 (5-year Review): R940-2. Approval of Tollway Development Agreements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 72-6-118(7)(a) requires the Department to make rules: (i) necessary to establish and operate tollways on state highways; (ii) that establish standards and specifications for automatic tolling systems and automatic tollway monitoring technology; and (iii) to set the amount of a penalty for failure to pay a toll under this section. This administrative rule satisfies the requirements of Subsection 72-6- 118(7)(a). Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - Eileen McCown by phone at 801-965-4030, or by Internet E-mail at emccown@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 08/30/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43174.htm No. 43175 (5-year Review): R940-4. Airports of Regional Significance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 59-12-6(1)(a) is still enforceable law, therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - Eileen McCown by phone at 801-965-4030, or by Internet E-mail at emccown@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 08/30/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180915/43175.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43015 (AMD): R156-38a.Residence Lien Restriction and Lien Recovery Fund Rule Published: 07/15/2018 Effective: 08/21/2018 No. 43017 (AMD): R156-42a.Occupational Therapy Practice Act Rule Published: 07/15/2018 Effective: 08/23/2018 REAL ESTATE No. 43012 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 07/15/2018 Effective: 08/21/2018 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43037 (AMD): R392-600.Illegal Drug Operations Decontamination Standards Published: 07/15/2018 Effective: 08/24/2018 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43006 (AMD): R432-1.General Health Care Facility Rules Published: 07/01/2018 Effective: 08/20/2018 No. 43005 (AMD): R432-2.General Licensing Provisions Published: 07/01/2018 Effective: 08/27/2018 No. 43004 (AMD): R432-3.General Health Care Facility Rules Inspection and Enforcement Published: 07/01/2018 Effective: 08/27/2018 No. 42937 (AMD): R432-6-16.Parking Published: 06/15/2018 Effective: 08/20/2018 No. 43003 (AMD): R432-35.Background Screening -- Health Facilities Published: 07/01/2018 Effective: 10/01/2018 No. 43002 (AMD): R432-270.Assisted Living Facilities Published: 07/01/2018 Effective: 08/27/2018 REGENTS (BOARD OF) ADMINISTRATION No. 42860 (AMD): R765-611.Veterans Tuition Gap Program Published: 05/15/2018 Effective: 08/31/2018 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 42853 (AMD): R986-200-236.Earned Income Published: 05/15/2018 Effective: 08/31/2018 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/ . <> ----------------------------