---------------------------- Utah State Digest, Vol. 2018, No. 20 (October 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed September 15, 2018, 12:00 AM through October 1, 2018, 11:59 PM Volume 2018, No. 20 October 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 Public Notice of 2019 Board/Commission/Committee Meeting Schedules - Mark Steinagel by phone at 801-530-6292, by FAX at 801-530-6511, or by Internet E-mail at msteinagel@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/sn160641.htm Notice for November 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/2018/20181015/sn160622.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. 2018-7 - 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/ExecDoc160646.htm Declaring a State of Emergency Due to Potential Flooding, Utah Exec. Order No. 2018-8 - 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/ExecDoc160647.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 September 15, 2018, 12:00 a.m., and October 1, 2018, 11:59 p.m. are summarized in this, the October 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the October 15, 2018, issue of the Utah State Bulletin until at least November 14, 2018 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through February 12, 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. CORRECTIONS ADMINISTRATION No. 43218 (Amendment): R251-105. Applicant Qualifications for Employment with Department of Corrections. SUMMARY OF THE RULE OR CHANGE: The words "dishonesty", "use", and "possession" have been stricken from Section R251-105-3 in the "General Requirements" area, which reflects old practices. An applicant is no longer categorically disqualified from employment in the event of a past minor infraction. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There could be minor savings in terms of cost- avoidance by enabling broadened hiring practices and minimizing some of the mandatory overtime for officers working at the prison. - LOCAL GOVERNMENTS: Some local agencies have similar practices in place today. Local governments may actually benefit by gaining highly-trained officers down the road, since many applicants and new cadets in state corrections often eventually merge over to county or city employment after working for some time with the state. This is not expected to markedly increase competition for new correctional officers between the state and county facilities, particularly where this rule change is just formalizing today's practices. - SMALL BUSINESSES: There should not be an impact since corrections does not compete with small businesses. There are no privately run facilities in the state. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Future applicants could be impacted by having increased opportunities for these positions in spite of minor infractions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no additional compliance cost necessary to achieve this amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This will continue to enable the hiring of more correctional officers and potentially cut down on some of the need for mandatory overtime among current officers, particularly given the nation-wide shortage of new hires in this particular field. It is anticipated this will occur without detriment to the high caliber of individuals being hired in this important position, particularly where there are still other disqualifiers for certain criminal histories that would be a concern to an individual potentially working in this field. Additional checks and balances exist to screen out individuals who are not mentally, physically or emotionally ready for the realities and rigor involved in this line of work. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gehrke by phone at 801-545-5617, or by Internet E-mail at sgehrke@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43218.htm EDUCATION ADMINISTRATION No. 43225 (Amendment): R277-108. Annual Assurance of Compliance by Local School Boards. SUMMARY OF THE RULE OR CHANGE: This rule is being updated to reflect the current assurances to be sought from LEAs as required by federal law, state statute, and Board rule, and has been changed to create deference to those sources of law generally rather than listing them out specifically. It also creates flexibility in the reporting method because of recent changes in moving more systems to an online or digital approach. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is 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 policies. This rule is being updated to reflect the current assurances to be sought from LEAs as required by federal law, state statute, and Board rule, and has been changed to create deference to those sources of law generally rather than listing them out specifically. It also creates flexibility in the reporting method because of recent changes in moving more systems to an online or digital approach. - LOCAL GOVERNMENTS: This rule change is not expected to have any material 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. This rule is being updated to reflect the current assurances to be sought from LEAs as required by federal law, state statute, and Board rule, and has been changed to create deference to those sources of law generally rather than listing them out specifically. It also creates flexibility in the reporting method because of recent changes in moving more systems to an online or digital approach. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact 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. This rule is being updated to reflect the current assurances to be sought from LEAs as required by federal law, state statute, and Board rule and has been changed to create deference to those sources of law generally rather than listing them out specifically. It also creates flexibility in the reporting method because of recent changes in moving more systems to an online or digital approach. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is being updated to reflect the current assurances to be sought from LEAs as required by federal law, state statute, and Board rule and has been changed to create deference to those sources of law generally rather than listing them out specifically. It also creates flexibility in the reporting method because of recent changes in moving more systems to an online or digital approach. 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 has no fiscal impact on 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 11/14/2018 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 - Jeffrey Van Hulten by phone at 801-538-7521, or by Internet E-mail at jeffrey.vanhulten@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43225.htm GOVERNOR ECONOMIC DEVELOPMENT No. 43224 (Repeal and Reenact): R357-14. Electronic Meetings. SUMMARY OF THE RULE OR CHANGE: Section R357-14-101 establishes that public bodies that are within Title 63N, Governor's Office of Economic Development, and Title 63C, Chapter 10, Part 1, Governor's Rural Partnership Board may conduct electronic meetings. Subsection R357-14- 101(1)(a) establishes that an agency director or designee may initiate an electronic meeting. Subsection R357-14-101(1)(b) establishes that any member of the public body may request an electronic meeting and the office will evaluate each request based on budget, public policy, or logistical considerations. Subsection R357-14-101(2) establishes that a quorum is not required at a single anchor location. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. These changes merely update the procedures the office will follow when conducting electronic meetings. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments. These changes merely update the procedures the office will follow when conducting electronic meetings. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. These changes merely update the procedures the office will follow when conducting electronic meetings. - 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. These changes merely update the procedures the office will follow when conducting electronic meetings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. These changes merely update the procedures the office will follow when conducting electronic meetings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal and reenactment of this rule will not result in fiscal impact to businesses. These changes merely update the procedures the office will follow when conducting electronic meetings. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2018 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: 11/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43224.htm ENERGY DEVELOPMENT (OFFICE OF) No. 43223 (Amendment): R362-4. High Cost Infrastructure Development Tax Credit Act. SUMMARY OF THE RULE OR CHANGE: These rule amendments clarify eligibility requirements for High Cost Infrastructure Tax Credits; amend and clarify procedures for eligible taxpayers to follow when applying for High Cost Infrastructure Tax Credits; clarify approval process by the Board; establish reporting requirements by applicants; and provide clarification on how High Cost Infrastructure Tax Credits may be calculated by the Board. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is expected that the majority of incentives provided under this rule will have a positive impact on the state budget. The tax credit incentive will generally target infrastructure investments that create new state revenues, or retain state revenues that would otherwise be lost. As a new incentive program, it is uncertain how many projects will apply for and receive these incentives, and therefore, the office cannot forecast the amount of new state revenues that may be generated. Projects that expand or create new industrial, mining, manufacturing, or agricultural activity where the infrastructure investment will be 10% or more of the cost of the project, or $10,000,000 or more of infrastructure investment will be considered for the non- refundable tax credit. Infrastructure investment that is certified by OED and approved by the Board will generally receive a non-refundable tax credit of 30% of qualifying infrastructure-related state revenue generated during a qualifying tax period. The total tax credit available will be capped at 50% of the cost of the infrastructure construction unless it is a fuel standard compliance project, which will be capped at 30%. The tax credit will generally only apply to new state revenues that are directly attributable to new infrastructure investment. For non- refinery projects, tax credits will be calculated from state revenues generated after the completion of a fuel standard compliance project. - LOCAL GOVERNMENTS: This incentive recognizes the crucial role new infrastructure investment plays in advancing economic development, especially in rural Utah. In particular, new infrastructure investment provides greater access to Utah's abundant natural resources that in turn promotes affordable and abundant energy and resources to advance Utah's economy. It is expected that this incentive will encourage greater investment in infrastructure that will grow local economies and grow local tax base. - SMALL BUSINESSES: This incentive will be available to qualifying small businesses. Generally, projects that expand or create new industrial, mining, manufacturing, or agricultural activity where the infrastructure investment will be 10% or more of the cost of the project will qualify. The tax credit incentive will support investment in infrastructure projects needed by some small businesses to expand. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Projects that expand or create new industrial, mining, manufacturing, or agricultural activity where the infrastructure investment will be 10% or more of the cost of the project, or $10,000,000 or more of infrastructure investment will be considered for the non- refundable tax credit. Infrastructure investment that is certified by OED and approved by the Board will generally receive a non-refundable tax credit of 30% of qualifying infrastructure-related state revenue generated during a qualifying tax period. The total tax credit available will be capped at 50% of the cost of the infrastructure construction unless it is a fuel standard compliance project, which will be capped at 30%. The tax credit will generally only apply to new state revenues that are directly attributable to new infrastructure investment. For non- refinery projects, tax credits will be calculated from state revenues generated after the completion of a fuel standard compliance project. COMPLIANCE COSTS FOR AFFECTED PERSONS: As an incentive, any compliance costs for qualifying entities will be minimal compared to the tax benefit received. Nevertheless, annual reporting requirements which must be completed by a independent certified public accountant, will cost an estimated $500 to $5,000, depending on the size of the reporting entity. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The High Cost Infrastructure Tax Credit will support qualifying businesses' ability to make strategic infrastructure investments that will promote business expansion. In particular, one of the main focuses of the incentive will be encouraging infrastructure investments in rural Utah that provide greater access to Utah's abundant natural resources, which in turn provides the affordable and abundant energy and resources needed to advance Utah's economy. This incentive also protects Utah taxpayers since it only provides non-refundable tax credits for infrastructure investments. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Bell by phone at 801-538-8682, or by Internet E-mail at rbell1@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43223.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 43226 (Amendment): R398-2. Newborn Hearing Screening. SUMMARY OF THE RULE OR CHANGE: These changes update terminology to be consistent with the federal changes in newborn hearing screening requirements. The current practice is to use deaf or hard of hearing instead of hearing loss. These changes also create consistency with word usage, and clarify follow up and reporting timelines. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: May have a minimal cost if reprinting of rule is needed. - LOCAL GOVERNMENTS: No cost to local governments as these rule changes have been standard practice for the past several years. - SMALL BUSINESSES: No cost to small businesses as these rule changes have been standard practice for the past several years. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost to individuals as these rule changes have been standard practice for the past several years. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs for affected persons as these rule changes have been standard practice for the past several years. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed changes update terminology to be consistent with federal changes, create consistency with word usage, and clarify follow-up and reporting timelines. There is no 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 11/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Joyce McStotts by phone at 801-584-8239, by FAX at 801-584-8488, or by Internet E-mail at jmcstotts@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43226.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43227 (Amendment): R414-516. Nursing Facility Non-State Government- Owned Upper Payment Limit Quality Improvement Program. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies QI participation requirements for providers that enter the NF NSGO UPL program during the first program calendar year. It also makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies QI participation requirements for the NF NSGO UPL program. It neither affects patient services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor administer the NF NSGO UPL program. - SMALL BUSINESSES: There is no impact on small businesses because this change only clarifies QI participation requirements for the NF NSGO UPL program. It neither affects patient services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers and Medicaid members because this change only clarifies QI participation requirements for the NF NSGO UPL program. It neither affects patient services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this change only clarifies QI participation requirements for the NF NSGO UPL program. It neither affects patient services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43227.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 43215 (Amendment): R612-400-5. Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund. SUMMARY OF THE RULE OR CHANGE: This rule update establishes the premium rates for 2019 at 0.25% for the UEF and 2.0% for the ERF. This is an overall decrease in the rates of 1.0%. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a cost savings to the state budget as the overall premium rate will go down. - LOCAL GOVERNMENTS: There will be a cost savings to local governments as the overall premium rate will go down. - SMALL BUSINESSES: There will be a cost savings to small businesses as the overall premium rate will go down. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that there will be a cost or savings to persons other than small businesses, businesses, or local government entities, because the assessment is against workers' compensation insurance premiums paid by employers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be an overall cost savings to affected persons, because the assessment rate will go down by 1%. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be an overall cost savings to affected persons, because the assessment rate will go down by 1%. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/15/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43215.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. 43216 (5-year Review): R156-61. Psychologist Licensing 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 61, with respect to psychologists and certified psychology residents. 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: - Jennifer Zaelit by phone at 801-530-7632, or by Internet E-mail at jzaelit@utah.gov EFFECTIVE: 09/18/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43216.htm CORRECTIONS ADMINISTRATION No. 43217 (5-year Review): R251-105. Applicant Qualifications for Employment with Department of Corrections. 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 simply needed to continue to guide hiring practices. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gehrke by phone at 801-545-5617, or by Internet E-mail at sgehrke@utah.gov EFFECTIVE: 09/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43217.htm INSURANCE ADMINISTRATION No. 43221 (5-year Review): R590-160. 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: This rule is important for the activities of the Department and its regulation of the industry. It sets fair and equitable standards governing administrative procedures. This helps all involved in the process to know what is expected of them and what to expect of the process. 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: 09/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43221.htm No. 43219 (5-year Review): R590-161. Disability Income Policy Disclosure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides protection for consumers by requiring disclosure of what other types of income are considered for reducing a benefit under a disability income policy. Without this rule, consumers may not realize that their policy benefits will be reduced if they are receiving benefits from other policies, social security, or workers' compensation. 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: 09/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43219.htm No. 43220 (5-year Review): R590-162. Actuarial Opinion and Memorandum 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 be continued because it is an important requirement for financial regulators to gain a comfort level for insurance company reserves and for asset adequacy and liability matching. This rule is also required by the National Association of Insurance Commissioners for Utah to keep its national accreditation. 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: 09/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43220.htm No. 43222 (5-year Review): R590-245. Self-Service Storage Insurance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes the guidelines and standards for licensing in order to sell self-service storage insurance coverage in Utah. This coverage benefits those without personal property or tenant liability coverage through some other insurance policy, such as a homeowners insurance policy. 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: 09/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181015/43222.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES FINANCE No. 43095 (AMD): R25-7.Travel-Related Reimbursements for State Employees Published: 08/15/2018 Effective: 09/21/2018 CAREER SERVICE REVIEW OFFICE ADMINISTRATION No. 42844 (CPR): R137-1.Grievance Procedure Rules Published: 06/15/2018 Effective: 09/28/2018 No. 42844 (AMD): R137-1.Grievance Procedure Rules Published: 05/15/2018 Effective: 09/28/2018 HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 43105 (AMD): R398-10.Autism Spectrum Disorders and Intellectual Disability Reporting Published: 08/15/2018 Effective: 09/24/2018 TRANSPORTATION PRECONSTRUCTION No. 43096 (AMD): R930-8.Utility Relocations Required by Highway Projects Published: 08/15/2018 Effective: 09/28/2018 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/ . <> ----------------------------