---------------------------- Utah State Digest, Vol. 2018, No. 24 (December 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed November 16, 2018, 12:00 AM through November 30, 2018, 11:59 PM Volume 2018, No. 24 December 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 January 2019 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/2018/20181215/sn160840.htm Rehabilitative Mental Health and Substance Use Disorder Services - 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/2018/20181215/sn160852.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Calling the Sixty-Second Legislature Into the Third Special Session, Utah Proclamation No. 2018-3S - 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/ExecDoc160854.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 November 16, 2018, 12:00 a.m., and November 30, 2018, 11:59 p.m. are summarized in this, the December 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the December 15, 2018, issue of the Utah State Bulletin until at least January 16, 2019 (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 April 14, 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. ADMINISTRATIVE SERVICES FINANCE No. 43404 (Amendment): R25-10. State Entities' Posting of Financial Information to the Utah Public Finance Website. SUMMARY OF THE RULE OR CHANGE: This rule is being changed because the Utah College of Applied Technology changed their name to Utah System of Technical Colleges. Employee compensation detail information will now include taxable allowances and defined hourly rate as for those employees paid on an hourly basis. "If available" will be added to Submission Procedures for Organization and Category. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will not be cost to state government because these changes to this rule are clarifying language changes. - LOCAL GOVERNMENTS: There will not be cost to local governments because this rule only governs state entities and participating state entities. - SMALL BUSINESSES: This rule applies only to participating state entities, therefore, there is not anticipated fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule applies only to participating state entities, therefore, there is no anticipated fiscal impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendments change language to clarify submitting to the Utah Public Finance Website. There are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed and approved these changes to this rule. There will not be an impact on businesses or participating state entities. I believe these changes are reasonable and warranted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Brenda Lee by phone at 801-538-3102, by FAX at 801-538-3244, or by Internet E-mail at brendalee@utah.gov - John Reidhead by phone at 801-538-1678, by FAX at 801-538-3244, or by Internet E-mail at jreidhead@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43404.htm COMMERCE REAL ESTATE No. 43407 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: Changes in Section R162-2f-102 includes the manager of a company in the definition of "Principal" and corrects a statutory reference; Section R162-2f-401a clarifies the disclosure requirements for a licensee prior to the execution of a purchase or lease agreement, and corrects a numbering error; Section R162-2f-401b includes a licensee who is the manager of a company as a person who is prohibited from acting as a limited agent in a transaction; Section R162-2f-401d clarifies prohibited misrepresentations between real estate schools and allows for a student to receive course credit for an online course even if the student does not complete the course within one year of registration; and Section R162-2f-401f corrects the applicable dates for two state approved real estate forms including the Real Estate Purchase Contract and the Deposit of Earnest Money with Title Company Addendum. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Real Estate (Division) 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 that will affect those resources or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the Real Estate Licensing and Practices Rules. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to local governments. - SMALL BUSINESSES: These proposed amendments do not create new obligations for small businesses nor do they increase the costs associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments do not create new obligations for other persons nor do they increase the costs associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments would make minor changes to several sections of the Real Estate Licensing and Practices Rules and would potentially affect many licensees and applicants for licensure. However, these proposed rule amendments do not create new obligations for affected persons subject to the administrative rules, nor do they increase the costs associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of these proposed rule amendments are to make minor changes to the definition of a principal in a real estate transaction, correct a statutory reference and subsection numbering, clarify prohibited misrepresentations between real estate schools, correct the applicable dates of two state approved real estate forms, and allow for a student to receive course credit for an online course even if the student does not complete the course within one year of registration. Changes to Section R162-2f-102 includes the manager of a company in the definition of "Principal" and corrects a statutory reference; Section R162-2f-401a clarifies the disclosure requirements for a licensee prior to the execution of a purchase or lease agreement and corrects a numbering error; Section R162-2f-401b includes a licensee who is the manager of a company as a person who is prohibited from acting as a limited agent in a transaction; Section R162-2f-401d clarifies prohibited misrepresentations between real estate schools and allows for a student to receive course credit for an online course even if the student does not complete the course within one year of registration; and Section 401f corrects the applicable dates for two state approved real estate forms including the Real Estate Purchase Contract and the Deposit of Earnest Money with Title Company Addendum. Small businesses: These proposed amendments do not create new obligations for small businesses nor do they increase the costs associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to small business. Non-small businesses: These proposed amendments do not create new obligations for non-small businesses nor do they increase the costs associated with any existing obligation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2019 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: 01/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43407.htm GOVERNOR ENERGY DEVELOPMENT (OFFICE OF) No. 43419 (New Rule): R362-5. Commercial Property Assessed Clean Energy (C-PACE) Administrative Rules. SUMMARY OF THE RULE OR CHANGE: This rule explains the procedures for implementing the responsibilities assigned to Office of Energy Development in directing and administering the C-PACE District; and establishing the procedures for designating, levying, assigning, and collecting an energy assessment lien within an energy assessment area. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impact on state government revenues or expenditures because the C- PACE program is self-funded by legislatively approved fees paid by the borrower. No state costs are incurred. - LOCAL GOVERNMENTS: This proposed rule is not expected to have any fiscal impact on local governments' revenues or expenditures because the local governments will generate recording fees paid by the borrower against the number of pages submitted to record and assign the lien. - SMALL BUSINESSES: This proposed rule is a voluntary program that only affects businesses that choose to complete C-PACE projects. An estimated 5.8 C-PACE projects will be completed by small businesses in fiscal year 2019, 19.34 in fiscal year 2020, and 40.614 in fiscal year 2021. With the increased energy cost savings of $999,307 per completed C-PACE project in fiscal year 2019, $942,203 in fiscal year 2020, and $958,519 in fiscal year 2021, these small businesses will see a direct fiscal benefit in revenues of $5,800,000 in fiscal year 2019, $18,000,000 in fiscal year 2020, and $39,000,000 fiscal year 2021. Small businesses will experience an average direct fiscal cost of $500,000 per C-PACE project. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not expected to have any fiscal impact on other individuals' revenues or expenditures because participation in the C-PACE program is restricted to commercial businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule is not expected to have any fiscal impact because participation in the C-PACE program is restricted to commercial businesses. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The impacts to small businesses were characterized above and the impacts to non-small business are described here. There are 16,112 large businesses in the industries in question in Utah. For a complete listing of NAICS codes used in this analysis, please contact the agency. These businesses account for an estimated 0.198 C-PACE projects in fiscal year 2019, 0.66 in fiscal year 2020, and 1.386 in fiscal year 2021. The average C-PACE project cost of $500,000. These businesses are expected to receive $197,863 in fiscal year 2019, $621,855 in fiscal year 2020, and $1,328,508 in fiscal year 2021. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Shawna Cuan by phone at 801-538-8724, or by Internet E-mail at scuan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43419.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, MATERNAL AND CHILD HEALTH No. 43402 (New Rule): R433-200. Family Planning Access Act. SUMMARY OF THE RULE OR CHANGE: Section R443-200-1 states the authority and purpose of this rule in implementing the Act. Section R443-200-2 provides definitions of terms used in this rule. Section R443-200-3 describes relevant information that pharmacists must record under the Act. The information requirements were developed by the Department of Health (Department), as authorized by the Act, in consultation with pharmacists, pharmacist interns, and employers who intend to participate. Section R443-200-4 classifies the information collected by pharmacists and information collected by the Department under the Act, and cites Utah statutory authority governing such information. Section R443-200-5 provides notice of the Department's authority to monitor and ensure compliance with the Act and this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impact on the state budget because this rule neither addresses state government, imposes any new state duty, nor allocates money for the operation of state government. - LOCAL GOVERNMENTS: This proposed rule is not expected to have any fiscal impact on local governments because it does not apply to local governments. - SMALL BUSINESSES: The extent of fiscal benefits and costs cannot be estimated because data required to estimate participation by Utah women, participation by pharmacists, the amount of reimbursements and payments shifting from physician practices to pharmacies, and the availability and amount of third party payments for pharmacist consultations (compared to third party payments for physician visits) is not available. Physician's offices and group practices: direct fiscal cost. Pharmacies: direct fiscal benefit. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The extent of fiscal benefits and costs cannot be estimated because data required to estimate participation by Utah women, participation by pharmacists, the amount of reimbursements and payments shifting from physician practices to pharmacies, and the availability and amount of third party payments for pharmacist consultations (compared to third party payments for physician visits) is not available. Physician's offices and group practices: direct fiscal cost. Pharmacies: direct fiscal benefit. COMPLIANCE COSTS FOR AFFECTED PERSONS: The full fiscal and non-fiscal impact on women receiving contraceptives under the Act and this rule cannot be estimated because the data necessary to determine the number of women likely to participate, the amount of consultation fees charged by pharmacies under this proposed rule, the availability and amount of third party payments in support of such fees, the reduced time and expense incurred by women in initially obtaining contraceptives directly from pharmacists and on an ongoing basis are not available. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that the fiscal impact of this new rule cannot be determined at this time because sufficient data is not available. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Laurie Baksh by phone at 801-273-2857, or by Internet E-mail at lbaksh@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43402.htm NATURAL RESOURCES PARKS AND RECREATION No. 43416 (Amendment): R651-301. State Recreation Fiscal Assistance Programs. SUMMARY OF THE RULE OR CHANGE: The current Rule R651-301 hasn't had a language cleanup in over ten years and some of the grants listed in the current rule are obsolete and/or no longer funded. H.B. 143 (2018) increased the amount of funding provided to the Off-Highway Vehicle (OHV) program from registration fees collected. The additional registration fees collected will be placed in the OHV Restricted Account. Given that H.B. 143 (2018) directs the Utah Parks and Recreation Board to determine a method in which to disperse the increased funding, Rule R651-301 is the best method in which to disperse this increased funding and meet the requirements outlined in H.B. 143 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is updated to reflect previous fiscal assistance funding programs that no longer exist and to provide language update for an existing fiscal assistance program. There is no aggregate cost or savings to this amendment, because this is a language cleanup to the rule. - LOCAL GOVERNMENTS: This rule is updated to reflect previous fiscal assistance funding programs that no longer exist and to provide language update for an existing fiscal assistance program. There is no aggregate cost or savings to this amendment, because this is a language cleanup to the rule. - SMALL BUSINESSES: This rule is updated to reflect previous fiscal assistance funding programs that no longer exist and to provide language update for an existing fiscal assistance program. There is no aggregate cost or savings to this amendment, because this is a language cleanup to the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is updated to reflect previous fiscal assistance funding programs that no longer exist and to provide language update for an existing fiscal assistance program. There is no aggregate cost or savings to this amendment, because this is a language cleanup to the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no increase in compliance costs for affected person because this rule is being updated to reflect previous fiscal assistance funding programs that no longer exist and to provide a language update for an existing fiscal assistance program. There is no compliance costs for affected persons, because this is a language cleanup to the rule only. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No expected impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43416.htm No. 43415 (Amendment): R651-406. Off-Highway Vehicle Registration Fees. SUMMARY OF THE RULE OR CHANGE: Annual OHV registration fees are currently set at $18 per off-highway motorcycle, and Type I and Type II OHVs (this fee also includes those that are street legal) OHV owners must also pay an age-based fee in lieu of property tax assessment to their county of residence prior to registering an OHV. The additional funding provided from the passage of H.B. 143 (2018) with the increase to $35 will be utilized, through a fiscal assistance grant process, for items identified within Subsections 41-22-19(1)(a) and (b). In addition, this updated rule would meet the requirements set forth in H.B. 143 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is being updated due to H.B. 143 (2018). H.B. 143 (2018) mandates an increase of $17 for registration fees of OHVs and a maximum of $72 for street legal vehicles, which is actually a decrease from the current amount of $80.50. The Division of Parks and Recreation receives only the amount of $18 from both the OHV registration and the street legal all-terrain registrations currently. The $35 registration fee will go into effect on January 1, 2019. However, the fees collected are then reallocated in the form of fiscal assistance grants, so there is no benefit or cost to state government because the money would be distributed to local governments, small businesses, and non-small businesses which include non-profit organizations through that grant process. - LOCAL GOVERNMENTS: Savings to local governments could occur because a local government may apply and be awarded a fiscal assistance grant to maintain OHV trails or OHV trail related infrastructure. The savings are inestimable because it is not known if they would apply or receive a fiscal assistance grant. - SMALL BUSINESSES: Savings to the small businesses could occur if they apply and receive a grant, if they are partnering with a local government agency. The savings are inestimable because it is not known if they would apply or receive a fiscal assistance grant. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The current registration fee for an OHV is $18. The current registration fee for a street legal all-terrain vehicle is currently $80.50. Due to H.B. 143 (2018), the new registration fee will increase to $35 for OHVs and will go into effect on January 1, 2019, which results in an increase of $17 to the OHV owner. The registration fee for the street legal all-terrain owner could result in a decrease of $8.50. There are approximately 202,000 total registered owners. Of that total, 176,000 are registered as OHVs. The remaining 26,000 are registered as street legal all-terrain vehicles. The total fee increase for OHV owners could be $2,992,000 for fiscal years 2020 and 2021. The total decrease for street legal all-terrain vehicle owners could be $221,000 for fiscal years 2020 and 2021. The total amount for the increase for OHV owners for fiscal year 2019, is $1,496,000. Since the law goes into effect on January 1, 2019, half way through the fiscal year, the amount is decreased by 50%. The same applies to the decrease (savings) for the street legal all-terrain vehicle owners for fiscal year 2019. The amount of $221,000 is decreased by $110,500. COMPLIANCE COSTS FOR AFFECTED PERSONS: There could be an increase in compliance costs for affected persons if they choose to register and/or their OHVs and street legal all-terrain vehicles. The numbers are approximate based on 2017 registration numbers from the Department of Motor Vehicles. The current registration fee for an OHV is $18. The current registration fee for a street legal all-terrain vehicle is currently $80.50. Due to H.B. 143 (2018), the new registration fee will increase to $35 for OHVs and will go into effect on January 1, 2019, which results in an increase of $17 to the OHV owner. The registration fee for the street legal all-terrain owner could result in a decrease of $8.50. There are approximately 202,000 total registered owners. Of that total, 176,000 are registered as OHVs. The remaining 26,000 are registered as street legal all-terrain vehicles. The total fee increase for OHV owners could be $2,992,000 for fiscal years 2020 and 2021. The total decrease for street legal all-terrain vehicle owners could be $221,000 for fiscal years 2020 and 2021. The total amount for the increase for OHV owners for fiscal year 2019, is $1,496,000. Since the law goes into effect on January 1, 2019, half way through the fiscal year, the amount is decreased by 50%. The same applies to the decrease (savings) for the street legal all-terrain vehicle owners for fiscal year 2019. The amount of $221,000 is decreased by $110,500. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No expected impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43415.htm WILDLIFE RESOURCES No. 43414 (Amendment): R657-11. Taking Furbearers and Trapping. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule: 1) set the criteria for allowing another person to check and remove wildlife from traps; 2) add language acknowledging that the take of coyotes and raccoons is regulated by Utah Department of Agriculture and Food; 3) clarify who may legally euthanize a bobcat caught in a trapping device; and 4) clarify that owners of domestic pets caught in a trapping device may only disturb the device to remove their pet. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments only clarify processes already in rule. Therefore, DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR,s budget, since the changes will not increase workload and the increase in revenue will be minimal. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by these amendment. Nor are local governments indirectly impacted because these amendments do not create a situation requiring services from local governments. - SMALL BUSINESSES: These amendments clarify language already in rule, and therefore will not generate a cost savings or impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments clarify language already in rule, and therefore will not generate a cost savings or impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendments clarify language already in rule and do not add additional requirements to trap in Utah. Therefore, DWR has determined that there is no additional compliance costs associated with these amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule amendments 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 01/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43414.htm No. 43420 (Amendment): R657-13. Taking Fish and Crayfish. SUMMARY OF THE RULE OR CHANGE: These rule revisions amend language concerning Flaming Gorge Reservoir (Gorge) and put rule language in line with the Memorandum of Understanding signed with the state of Wyoming. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: DWR has determined that these amendments could create a loss in revenue for DWR. On average, since 2015, 440 reciprocal stamps have been sold to non-Wyoming nonresidents annually for the Gorge. Assuming that all of these reciprocal stamp purchasers simply stopped fishing the Gorge as a result of these changes, loss of these sales would equate to a $4,400 decline in revenue. However, if all purchasers of reciprocal stamps ended up purchasing a nonresident license instead, the net gain in revenue (i.e., the new revenue accrued by selling a nonresident license minus the revenue lost from the loss of reciprocal license sales) could result in anywhere from $6,151 to $28,557. The $6,151 figure assumes all sales would be for 3-day ($24) licenses and the $28,557 figure assumes all sales would be for 365-day ($75) nonresident licenses. The true outcome will, of course, lie somewhere in between the estimated net loss and net gains outlined above. - LOCAL GOVERNMENTS: These amendments are not expected to have any impact on local governments' revenues or expenditures because the permit fees no longer being collected for reciprocal permits are not local funds. - SMALL BUSINESSES: These amendments are not expected to have any impact on small businessesl revenues or expenditures because the permit fees being collected for additional non-resident permits do not directly affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments add the requirement to purchase a non-resident license to fish on the Gorge from both Utah and Wyoming for those anglers who are not residents of either state. Each non-resident angler would incur the additional cost of two non-resident licenses to fish the entire reservoir. It is impossible to estimate how many non-resident anglers may be interested in fishing the entire reservoir each year. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments could create a cost impact to non-resident individuals who participate in fishing at the Gorge and are not residents of either Wyoming or Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule amendments 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 01/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43420.htm PUBLIC SAFETY ADMINISTRATION No. 43418 (Amendment): R698-5. State Hazardous Chemical Emergency Response Commission Advisory Committee. SUMMARY OF THE RULE OR CHANGE: The Advisory Committee voted to add a member of the Utah Highway Patrol (UHP) and a member of the Utah Department of Transportation (UDOT), and to modify the structure of term limits of chair, vice-chair, and past chair. The definition under Subsection R698-5-3(1) has been removed due to the fact that it was a duplication. The definition under Subsection R698-5-3(4) in the revised draft is accurate. In addition, the areas of the rule that included the term "Advisory Committee" have been changed to "SERC Advisory Committee" for consistency. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget will be affected with a direct fiscal benefit as this is the party that will be affected by the addition of the proposed personnel, as well as the continuity of board members term limits. The benefit comes from savings from reducing annual costs of training new board members in their new responsibilities and hazardous materials. A direct fiscal cost has the potential to occur due to the persons representing the UHP and UDOT, as they commit their time to participating on the SERC Advisory Committee. The direct cost would estimate to be $800 annually for UHP and UDOT. However, this cost is already been budgeted by each agency within the individual's salary and benefits. - LOCAL GOVERNMENTS: Local governments could potentially experience an indirect fiscal cost due to attendance requirements of the urban and rural representatives from local governments. Specifically, the cost would be their time and travel expenses, estimated to be approximately $420 annually. A direct fiscal cost has the potential to occur due to the persons representing urban and rural communities, as they commit their time to participating on the SERC Advisory Committee. However, this cost is already been budgeted by each agency within the individual's salary and benefits. - SMALL BUSINESSES: Small businesses would experience an indirect fiscal benefit, as they will receive further guidance and support with no fiscal cost from their Local Emergency Planning Committee (LEPC) which is overseen by SERC. The SERC Advisory Committee meetings are open meetings and by adding these subject matter experts on the board, small businesses may come and discuss their concerns relating to hazardous materials. Many times there are questions that directly involve the UHP and UDOT. In the past, those questions have not been able to be answered, therefore creating additional costs of having small business owners having to seek additional support or advice through additional meetings and forums. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Through increasing subject matter experts on the SERC Advisory Committee, persons other than small businesses, businesses, or local government entities would receive an indirect fiscal benefit. The SERC Advisory Committee establishes policy and implementation on hazardous materials reporting and storing, and community involvement. The policy is implemented on the local community level, where all citizens can be informed and educated on hazardous materials within their community. The indirect benefit cannot be calculated because the data is unavailable and the costs to determine this information would be too expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs for compliance for any group affected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Due to the increased involvement and input from subject matter experts that will be represented from the UHP and the UDOT, non- small businesses will receive an indirect fiscal benefit. The benefit will come from having a more comprehensive guidance from the State Hazardous Chemical Emergency Response Commission, therefore increasing community safety and awareness. Additionally, adding a term year to the position of past-chair, will provide an indirect fiscal benefit, due to increased continuity of the SERC Advisory Committee and its mission. The benefit cannot be calculated because the data to calculate this information is not available and would be expensive to determine. The head of the Department of Public Safety, Jess Anderson, 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 01/16/2019 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 Behunin by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at tarabehunin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43418.htm REGENTS (BOARD OF) ADMINISTRATION No. 43405 (New Rule): R765-615. Talent Development Incentive Loan Program. SUMMARY OF THE RULE OR CHANGE: The Program provides a loan to students who are pursuing a qualifying degree for a qualifying job, and intends to work in a qualifying job in Utah. The Governor's Office of Economic Development will determine which jobs are qualifying and the qualifying degrees for each. Institutions may forgive the students' loans based on how long the students work in qualifying jobs. The Legislature directed the Board of Regents (Board) to oversee the application process and general administration of the Program, including a process for appropriately dividing funding among the institutions. This policy establishes the operating procedures for this Program directed by the Legislature. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Legislature appropriated $2,500,000 ongoing during the 2018 General Session to fund this Program. The Board of Regents will distribute the funds to the eight institutions of higher education who will receive applications and issue the loan funds to students who are deemed eligible. Use of the appropriated funds will depend on the number of eligible students who apply for and receive the incentive loans. The rate of loan repayment and loan forgiveness will also impact the available funds moving forward, but estimating the total use of the funds is difficult given the novelty of the program. The Board will disperse the funds to the institutions, who may use up to five percent for administrative costs. Because this is legislatively funded, there is no negative impact on the institutions' current operating budgets. - LOCAL GOVERNMENTS: This rule does not impact local governments. The program is administered by the Utah System of Higher Education (USHE) institutions and benefits USHE students. - SMALL BUSINESSES: Businesses may partner with the Board to supplement the legislative appropriation, but that is strictly voluntary and not required under the statute or this administrative rule. Therefore, there is no cost to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individual students who qualify for the incentive loan will benefit by receiving interest free loan funds that can be forgiven over time provided the student receives a qualifying degree and works in a qualifying job as defined by this rule. Loan amounts will vary from institution to institution and will depend on the major in which the eligible students are seeking a degree. Schools may loan an amount up to the cost of in-state tuition, books, and fees. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Board and USHE institutions will incur administrative costs to comply with this rule. Because this Program is new, it is difficult to determine the actual costs, but the legislative appropriation provides up to five percent of the appropriated amount to be used for administrative costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will not have a negative fiscal impact on businesses. Indirectly, businesses in Utah will benefit by having a deeper talent pool of USHE graduates who have obtained degrees that match high demand, high paying jobs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Geoff Landward by phone at 801-321-7136, or by Internet E-mail at glandward@ushe.edu THIS RULE MAY BECOME EFFECTIVE ON: 01/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43405.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 January 16, 2019. From the end of the 30-day waiting period through April 14, 2019, 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. HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43141 (Change in Proposed Rule): R523-5. Peer Support Specialist Training and Certification. SUMMARY OF THE RULE OR CHANGE: The changes are: 1) a section citation has been corrected; 2) CEUs have been clarified to be continuing education hours; 3) limitations on the amount of time between failed training examinations has been clarified; 4) employers' responsibility after being made aware of violations of this rule by certified Peer Support Specialists (PSS) has been clarified; 5) reasons for termination of a certification has been added; 6) the Division's responsibilities and actions after being notified of a certified PSS being out of compliance with this rule had been added; 7) corrective plans of action have been clarified; and 8) reasons for a certification revocation have been clarified. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the September 1, 2018, issue of the Utah State Bulletin, on page 60. 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 changes are clarifications on what was intended in the original submission, and no additional costs or savings are anticipated other than those already reported in the original amendment that were tied to notifications in writing costs. These costs were deemed to be negotiable based on only one person per year has fallen into the actions created by these changes. - LOCAL GOVERNMENTS: These changes are clarifications on what was intended in the original submission, and no additional costs or savings are anticipated other than those already reported, which were deemed to have no effect on local government because the requirements in these changes do not alter any actions already taken by local government agencies if a certified PSS was found to participate in illegal or unethical behaviors. - SMALL BUSINESSES: These changes are clarifications on what was intended in the original submission, and no additional costs or savings are anticipated other than those already reported, which was determined to be no effect because there would only be local government agencies who would have certified PSS. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These changes are clarifications on what was intended in the original submission, and no additional costs or savings are anticipated other than those already reported, which were determined to be no impact, that those that already exist if a certified PSS was found to participate in illegal or unethical behaviors. 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: These changes are clarifications on what was intended in the original submission, and no additional costs or savings are anticipated other than those already reported. 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: 01/16/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43141.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. ADMINISTRATIVE SERVICES FINANCE No. 43403 (5-year Review): R25-10. State Entities' Posting of Financial Information to the Utah Public Notice Website. 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 necessary to continue this rule because it is required by statute. This rule sets the rules for state participating entities required to post public financial information to the UPFW. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brenda Lee by phone at 801-538-3102, by FAX at 801-538-3244, or by Internet E-mail at brendalee@utah.gov - John Reidhead by phone at 801-538-1678, by FAX at 801-538-3244, or by Internet E-mail at jreidhead@utah.gov EFFECTIVE: 11/20/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43403.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43411 (5-year Review): R156-81. Retired Volunteer Health Care Practitioner 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 81, with respect to volunteer health care practitioners. 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 EFFECTIVE: 11/27/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43411.htm HUMAN SERVICES RECOVERY SERVICES No. 43410 (5-year Review): R527-38. Unenforceable Cases. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The clarifications and procedures provided in this rule continue to be necessary for the appropriate implementation of federal regulations, which are still in effect and do not appear in state statute. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov EFFECTIVE: 11/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43410.htm LABOR COMMISSION ADJUDICATION No. 43408 (5-year Review): R602-7. Adjudication of Discrimination Claims. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As part of the Labor Commission's continuing responsibility to administer a system for adjudication of discrimination claims, it is necessary for the Labor Commission to establish procedures for handling these claims. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Stewart by phone at 801-530-6818, by FAX at 801-530-6333, or by Internet E-mail at brstewart@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 EFFECTIVE: 11/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43408.htm No. 43409 (5-year Review): R602-8. Adjudication of Utah Occupational Safety and Health Citation Claims. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As part of the Labor Commission's continuing responsibility to administer a system for adjudication of contests of Utah Occupational Safety and Health Citations, it is necessary for the Labor Commission to establish procedures for handling these claims. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Stewart by phone at 801-530-6818, by FAX at 801-530-6333, or by Internet E-mail at brstewart@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 EFFECTIVE: 11/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43409.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43406 (5-year Review): R746-365. Intercarrier Service Quality. 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 needs to be continued because it provides guidelines to ensure that telecommunications corporations will engineer, design, equip, and provision an efficient public telecommunications network. This rule defines guidelines relating to interconnection and the exchange of traffic that apply to all telecommunications carriers, and further defines additional guidelines relating to interconnection and the exchange of traffic that apply only to incumbent local exchange carriers. DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 11/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181215/43406.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. 43225 (AMD): R277-108.Annual Assurance of Compliance by Local School Boards Published: 10/15/2018 Effective: 11/29/2018 LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 43215 (AMD): R612-400-5.Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund Published: 10/15/2018 Effective: 01/01/2019 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/ . <> ----------------------------