---------------------------- Utah State Digest, Vol. 2019, No. 1 (January 1, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed December 1, 2018, 12:00 AM through December 14, 2018, 11:59 PM Volume 2019, No. 1 January 1, 2019 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 *********************************************** 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 December 1, 2018, 12:00 a.m., and December 14, 2018, 11:59 p.m. are summarized in this, the January 1, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the January 1, 2019, issue of the Utah State Bulletin until at least January 31, 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 May 1, 2019, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43422 (Amendment): R156-55b. Electricians Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-55b-102(1), these amendments clarify the definition of "electrical work", including a nonsubstantive change to update the citation to Section 58-55-102 and simplifying the description of low voltage cable-type wiring. The amendments to Subsection R156-55b-102(2) are formatting changes for clarity. The amendments to Subsection R156-55b-102(3) clarify that the definition of "minor electrical work" includes HVAC equipment, and that wiring may extend no more than ten feet from an existing outlet or disconnect intended specifically for the piece of equipment, appliance, or machinery. The new Subsection R156-55b-102(4) clarifies that "Premises Wiring" means the same as defined in Title 15A, State Construction and Fire Codes Act. The amendments to Subsection R156-55b- 102(7) (formerly Subsection R156-55b-102(6)) simplify and update the definition of "work commonly done by unskilled labor" by deleting references to specific tasks and substituting in their place a reference to work performed by "unlicensed persons". In Section R156-55b-302a, the amendments to this section make nonsubstantive formatting changes to clarify all of the current education and experience requirements for the respective license classifications. This includes describing in Subsection R156-55b-302a(5), the programs approved by the Electricians Licensing Board prior to 01/01/2009. In Section R156-55b-302b, the amendments to this section: 1) make nonsubstantive formatting changes to clarify the current examination requirements for the respective license classifications; 2) extend the 25-day waiting period after a failed exam to a 30-day waiting period, to alleviate confusion and create parity among the standards for all contractor professions; and 3) delete the requirement that an applicant pass all exams within a one-year period (the one-year "rolling clock" requirement), as this restriction was deemed unnecessary and onerous. In Section R156-55b-304, the amendments make formatting changes for clarity, including streamlining this rule by removing duplicative continuing education requirements that are already stated in Section R156-55a-303b. In Subsection R156-55b-401(1), the amendments clarify that an electrical contractor may contract with licensed professional employer organizations to employ one or more licensed electricians. The amendments to Subsection R156-55b-401(2) require an apprentice in the fifth and succeeding years of an apprenticeship to work under immediate supervision, in conformance with the requirements of Subsection 58-55-302(3)(j)(i). In Section R156-55b- 501, the amendments update the definition of "unprofessional conduct" to reflect a new standard being implemented across all contractor professions - instead of the licensee being required to carry a copy of their current license at all times, the licensee must provide the license or license number upon request. These amendments also delete as "unprofessional conduct" "failing as an electrical contractor to certify an electrician's hours and breakdown of work experience by category when requested by an electrician who is or has been an employee," as this is a conduct specific to a contractor and will be included as unprofessional conduct in Section R156-55a-501. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Most of these proposed changes update definitions and ensure that this rule encompasses current requirements and practices in the profession, and make formatting changes for clarity. Accordingly, none of these amendments will impact state government revenues or expenditures. The amendments to Section R156-55b-302b that extend the 25- day waiting period after a failed exam to a 30-day waiting period are not expected to impact existing state practices or procedures and will therefore have no impact on state government revenues or expenditures. The amendments to Section R156-55b-302b that delete the requirement that an applicant pass all exams within a one-year period (the one-year "rolling clock" requirement), are not expected to impact state government revenues or expenditures as the examinee may still take each exam up to five times per year, and the changes will have no impact on state practices or procedures. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to print and distribute the Electricians Licensing Act Rule once the amendments are made effective. - LOCAL GOVERNMENTS: These proposed amendments are not expected to change existing local government practices or procedures, and will therefore, have no impact on local government's revenues or expenditures. - SMALL BUSINESSES: These proposed changes that update definitions, ensure that this rule encompasses current requirements and practices in the profession, and make formatting changes for clarity, are not expected to impact small businesses as they will not change the quantity or number of exchanges between any persons. The amendments to Section R156-55b- 302b that extend the 25-day waiting period after a failed exam to a 30- day waiting period are also not expected to impact small business as the examinee may still take each exam the same amount of times per year. The amendment to Section R156-55b-302b deleting the requirement that an applicant pass all exams within a one-year period (the one-year "rolling clock" requirement) is expected to create a fiscal benefit for the estimated 879 small businesses that may be impacted (NAICS 238212 and 238211). With this change, all applicants for licensure may seek licensure as soon as they have passed all of their exams, regardless of when they passed their exams. Currently, many of these applicants need to retake exams they have already passed because the date they took the exam is outside of the one-year rolling clock period. The applicants therefore experience a significant delay of weeks to months to even years in the ability to obtain their license. Other applicants, in particular apprentice electrician applicants who would like to achieve journeyman electrician status, often give up and never seek to increase their level of licensure because of the perceived difficulty and cost associated with trying to timely pass all of their electrician exams. Accordingly, this proposed amendment is expected to significantly reduce current delays in many individuals becoming licensed, and is also expected to encourage many individuals to become licensed at a higher level. Small businesses will therefore be able to more easily hire journeyman electricians, residential journeyman electricians, master electricians, and residential master electricians. Additionally, newly licensed master electricians may be able to create their own small businesses or serve as qualifiers for other small businesses. The Division estimates that this will result in an ongoing fiscal benefit for small businesses. However, the full impact cannot be estimated because it will depend on the unique licensing and employment choices made by each individual applicant, as well as on the characteristics of each small business, and this relevant data is unavailable and the cost of acquiring the data is prohibitively expensive. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The persons that may potentially be affected by these amendments will be Utah licensed master electricians, residential master electricians, journeyman electricians, residential journeyman electricians, and apprentice electricians engaged in electrical work, and applicants from other jurisdictions who wish to become licensed as residential journeyman electricians or higher in Utah. The proposed changes that update definitions and ensure that this rule encompasses current requirements and practices in the profession and that make formatting changes for clarity are not expected to impact these other persons as the changes will not change the quantity or number of exchanges between any persons. The amendments to Section R156-55b-302b that extend the 25-day waiting period after a failed exam to a 30-day waiting period are also not expected to impact these persons as any examinee may still take each exam the same amount of times per year. The amendment to Section R156-55b-302b deleting the requirement that an applicant pass all licensing exams within a one-year period (the one-year "rolling clock" requirement) is expected to create a fiscal benefit for many of these other persons if it results in their becoming licensed at a higher level, and/or eliminates the cost to them of retaking licensing exams that they have already passed and reduces a delay in their becoming licensed at a higher level. However, the full impact cannot be estimated because it will depend on the unique licensing and employment choices made by each individual person, and this relevant data is unavailable and the cost of acquiring the data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: As described above for other persons, the Division does not anticipate any compliance costs for any affected persons from these proposed amendments because these amendments will result either in no fiscal impact or in a fiscal benefit. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments are recommended by the Board and the Commission to clarify current requirements and conform the rule to current practices in the industry. Additionally, this filing removes certain requirements that the Board and the Commission have found to be outdated and unnecessarily onerous. Small Business: The proposed changes that update definitions and ensure that the rule encompasses current requirements and practices in the profession, and make formatting changes for clarity, are not expected to impact small business as they will not change the quantity or number of exchanges between any persons. The amendments to Section R156-55b-302b that extend the 25-day waiting period after a failed exam to a 30-day waiting period are also not expected to impact small business as the examinee may still take each exam the same amount of times per year. The amendment to Section R156-55b-302b deleting the requirement that an applicant pass all exams within a one- year period (the one-year "rolling clock" requirement) is expected to create a fiscal benefit for the estimated 879 small businesses that may be impacted (NAICS 238212 and 238211). With this change, all applicants for licensure may seek licensure as soon as they have passed all of their exams, regardless of when they passed their exams. Accordingly, this proposed amendment is expected to significantly reduce current delays in many individuals becoming licensed, and is also expected to encourage many individuals to become licensed at a higher level. Small businesses will therefore be able to more easily hire journeyman electricians, residential journeyman electricians, master electricians, and residential master electricians. Additionally, newly licensed master electricians may be able to create their own small businesses or serve as qualifiers for other small businesses. The Division estimates that this will result in an ongoing fiscal benefit for small business. However, the full impact cannot be estimated because it will depend on the unique licensing and employment choices made by each individual applicant, as well as on the characteristics of each small business, and this relevant data is unavailable. The cost of acquiring the referenced data is prohibitively expensive. The amendments to Section R156-55b-304 make formatting changes for clarity, including streamlining the rule by removing duplicative continuing education requirements that are already stated in R156-55a-303b. These amendments have no fiscal impact to small business. The amendments to Section R156-55b-401 clarify that an electrical contractor may contract with licensed professional employer organizations to employ one or more licensed electricians, and require an apprentice in the fifth and succeeding years of an apprenticeship to work under immediate supervision, in conformance with the requirements of Subsection 58-55-302(3)(j)(i). These amendments have no fiscal impact to small business. The amendments to R156-55b-501 which amend the definition of “unprofessional conduct” have no fiscal impact to small business. Non- small businesses: There are 26 non-small businesses in Utah in the electrical contracting industry in question (NAICS 238211 and NAICS 238212). The proposed rule changes are expected to have the same fiscal impacts, or lack thereof, as described above in the fiscal impacts for small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/30/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43422.htm No. 43423 (Amendment): R156-55c. Plumber Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-55c-102(1), the amendments clarify the definition of "Immediate supervision", to maintain a direct line of sight. In Section R156-55c-302a, the amendments make nonsubstantive formatting changes to clarify all of the current education and experience requirements for the respective license classifications. Amendments to this section also include the removal of the minimum hour requirements for work process previously required and referred to in Tables I and II. In Section R156-55c-302b, the amendments to this section: 1) make nonsubstantive formatting changes to clarify the current examination requirements for the respective license classifications; 2) extend the 25-day waiting period after a failed exam to a 30-day waiting period, to alleviate confusion and create parity among the standards for all contractor professions; and 3) delete the requirement that an applicant pass all exams within a one-year period (the one-year "rolling clock" requirement), as this restriction was deemed unnecessary and onerous. In Section R156-55c-304, the amendments to this section make formatting changes for clarity, including streamlining this rule by removing duplicative continuing education requirements that are already stated in Section R156-55a-303b. In Subsection R156-55c-401(1), the amendments clarify that a plumbing contractor may contract with licensed professional employer organizations to employ one or more licensed plumbers. In Section R156-55c-501, the amendments update the definition of "unprofessional conduct" to reflect a new standard being implemented across all contractor professions - instead of the licensee being required to carry a copy of their current license at all times, the licensee must provide the license or license number upon request. These amendments also delete as "unprofessional conduct" "failing as a plumbing contractor to certify a plumber's hours and breakdown of work experience by category when requested by a plumber who is or has been an employee," as this is a conduct specific to a contractor and will be included as unprofessional conduct in Section R156-55a-501. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Most of these proposed changes update definitions, ensure that this rule encompasses current requirements and practices in the profession, and make formatting changes for clarity. Accordingly, none of these amendments will impact state government revenues or expenditures. The amendments to Section R156-55c-302b that extend the 25-day waiting period after a failed exam to a 30-day waiting period are not expected to impact existing state practices or procedures and will therefore have no impact on state government revenues or expenditures. The amendments to Section R156-55c-302b that delete the requirement that an applicant pass all exams within a one-year period (the one-year "rolling clock" requirement), are not expected to impact state government revenues or expenditures as the examinee may still take each exam up to five times per year, and the changes will have no impact on state practices or procedures. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to print and distribute the Plumbers Licensing Act Rule once the amendments are made effective. - LOCAL GOVERNMENTS: These proposed amendments are not expected to change existing local government practices or procedures, and will therefore have no impact on local governments revenues or expenditures. - SMALL BUSINESSES: These proposed changes that update definitions and ensure that the rule encompasses current requirements and practices in the profession, and make formatting changes for clarity, are not expected to impact small business as they will not change the quantity or number of exchanges between any persons. The amendments to Section R156-55c- 302b that extend the 25-day waiting period after a failed exam to a 30- day waiting period are also not expected to impact small businesses as the examinee may still take each exam the same amount of times per year. The amendment to Section R156-55c-302b deleting the requirement that an applicant pass all exams within a one-year period (the one-year "rolling clock" requirement) is expected to create a fiscal benefit for the estimated 1,139 small businesses that may be impacted (NAICS 238221 and 238222). With this change, all applicants for licensure may seek licensure as soon as they have passed all of their exams, regardless of when they passed their exams. Currently, many of these applicants need to retake exams they have already passed because the date they took the exam is outside of the one-year rolling clock period. The applicants therefore experience a significant delay of weeks to months to even years in the ability to obtain their license. Other applicants, in particular apprentice plumber applicants who would like to achieve journeyman plumber status, often give up and never seek to increase their level of licensure because of the perceived difficulty and cost associated with trying to timely pass all of their plumbing exams. Accordingly, this proposed amendment is expected to significantly reduce current delays in many individuals becoming licensed, and is also expected to encourage many individuals to become licensed at a higher level. Small businesses will therefore be able to more easily hire journeyman plumbers, residential journeyman plumbers, master plumbers, and residential master plumbers. Additionally, newly licensed master plumbers may be able to create their own small businesses or serve as qualifiers for other small businesses. The Division estimates that this will result in an ongoing fiscal benefit for small businesses. However, the full impact cannot be estimated because it will depend on the unique licensing and employment choices made by each individual applicant, as well as on the characteristics of each small business, and this relevant data is unavailable and the cost of acquiring the data is prohibitively expensive. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The persons that may potentially be affected by these amendments will be Utah licensed master plumbers, residential master plumbers, journeyman plumbers, residential journeyman plumbers, and apprentice plumbers engaged in plumbing work, and applicants from other jurisdictions who wish to become licensed as residential journeyman plumbers or higher in Utah. These proposed changes update definitions, ensure that this rule encompasses current requirements and practices in the profession and that make formatting changes for clarity are not expected to impact these other persons as these changes will not change the quantity or number of exchanges between any persons. The amendments to Section R156-55c-302b extend the 25-day waiting period after a failed exam to a 30-day waiting period are also not expected to impact these persons as any examinee may still take each exam the same amount of times per year. The amendment to Section R156-55c-302b deleting the requirement that an applicant pass all licensing exams within a one-year period (the one-year "rolling clock" requirement) is expected to create a fiscal benefit for many of these other persons if it results in their becoming licensed at a higher level, and/or eliminates the cost to them of retaking licensing exams that they have already passed, and reduces a delay in their becoming licensed at a higher level. However, the full impact cannot be estimated because it will depend on the unique licensing and employment choices made by each individual person, and this relevant data is unavailable and the cost of acquiring the data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: As described above for other persons, the Division does not anticipate any compliance costs for any affected persons from these proposed amendments because these amendments will result either in no fiscal impact or in a fiscal benefit. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments are recommended by the Board and the Commission to clarify current requirements and conform the rule to current practices in the industry. Additionally, this filing removes certain requirements that the Board and the Commission have found to be outdated and unnecessarily onerous. Small Businesses: These proposed changes update definitions and ensure that this rule encompasses current requirements and practices in the profession, and make formatting changes for clarity, are not expected to impact small businesses as they will not change the quantity or number of exchanges between any persons. The amendments to Section R156-55c-302b that extend the 25-day waiting period after a failed exam to a 30-day waiting period are also not expected to impact small businesses as the examinee may still take each exam the same amount of times per year. The amendment to Section R156-55c-302b deleting the requirement that an applicant pass all exams within a one- year period (the one-year "rolling clock" requirement) is expected to create a fiscal benefit for the estimated 1,139 small businesses that may be impacted (NAICS 238221 and 238222). With this change, all applicants for licensure may seek licensure as soon as they have passed all of their exams, regardless of when they passed their exams. Currently, many of these applicants need to retake exams they have already passed because the date they took the exam is outside of the one-year rolling clock period. Accordingly, this proposed amendment is expected to significantly reduce current delays in many individuals becoming licensed, and is also expected to encourage many individuals to become licensed at a higher level. Small businesses will therefore be able to more easily hire journeyman plumbers, residential journeyman plumbers, master plumbers, and residential master plumbers. Additionally, newly licensed master plumbers may be able to create their own small businesses or serve as qualifiers for other small businesses. The Division estimates that this will result in an ongoing fiscal benefit for small business. However, the full impact cannot be estimated because it will depend on the unique licensing and employment choices made by each individual applicant, as well as on the characteristics of each small business, and this relevant data is unavailable and the cost of acquiring the data is prohibitively expensive. The amendments to Section R156-55c- 501 which amend the definition of “unprofessional conduct” have no fiscal impact to small businesses. Non-small businesses: There are 42 non- small businesses in Utah in the plumbing contractor industry in question (NAICS 238221 and NAICS 238222). These proposed rule changes are expected to have the same fiscal impacts, or lack thereof, as described above in the fiscal impacts for small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/30/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43423.htm EDUCATION ADMINISTRATION No. 43441 (Amendment): R277-122. Board of Education Procurement. SUMMARY OF THE RULE OR CHANGE: In Section R277-122-2, a definition for "Unsolicited proposal" is added to the terms. Throughout this rule, new language referencing the "head of the procurement unit" is added, as well as, purchasing limits are updated within Sections R277-122-5 and R277- 122-6. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and USBE policies. This rule also establishes guidelines for procurement for the USBE that conform to state procurement code and federal standards. It is not anticipated there will be any fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and USBE policies. This rule also establishes guidelines for procurement for the USBE that conform to state procurement code and federal standards. It is not anticipated there will be any fiscal impact. - SMALL BUSINESSES: These rule changes are 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 USBE policies. This rule also establishes guidelines for procurement for the USBE that conform to state procurement code and federal standards. It is not anticipated there will be any fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because they provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and USBE policies. This rule also establishes guidelines for procurement for the USBE that conform to state procurement code and federal standards. It is not anticipated there will be any fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have 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 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43441.htm No. 43442 (New Rule): R277-308. New Educator Induction and Mentoring. SUMMARY OF THE RULE OR CHANGE: The Utah State Board of Education (USBE) Rule R277-308 begins with many of the mentoring requirements established as part of Rule R277-301 and expands upon those requirements. This rule defines the Local Education Agencies' (LEA) Induction Programs, in which an LEA shall provide an induction program for at least three years for employees with an LEA-specific educator license. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule 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 USBE policies. This rule also creates the foundation for implementation of the three-tier licensing structure adopted by the USBE and passed by the Utah legislature in the 2018 General Session. This rule has a delayed implementation until 01/01/2020 and would not go into full effect until the 2020 - 2021 school year. Funding for this was provided to the USBE in the 2018 General Session. - LOCAL GOVERNMENTS: This rule 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 USBE policies. This rule also creates the foundation for implementation of the three-tier licensing structure adopted by the USBE and passed by the Utah legislature in the 2018 General Session. This rule has a delayed implementation until 01/01/2020 and would not go into full effect until the 2020 - 2021 school year. Funding for this was provided to the USBE in the 2018 General Session. - SMALL BUSINESSES: This rule 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 USBE policies. This rule also creates the foundation for implementation of the three-tier licensing structure adopted by the USBE and passed by the Utah legislature in the 2018 General Session. This rule has a delayed implementation until 01/01/2020 and would not go into full effect until the 2020 - 2021 school year. Funding for this was provided to the USBE in the 2018 General Session. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and USBE policies. This rule also creates the foundation for implementation of the three-tier licensing structure adopted by the USBE and passed by the Utah legislature in the 2018 General Session. This rule has a delayed implementation until 01/01/2020 and would not go into full effect until the 2020 - 2021 school year. Funding for this was provided to the USBE in the 2018 General Session. This funding paid for teacher licensure background checks, thus saving individual teachers around $150 each time they renew their license. 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 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 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43442.htm No. 43448 (New Rule): R277-910. Underage Drinking Prevention Program. SUMMARY OF THE RULE OR CHANGE: As required in Section 53G-10-406, the Utah State Board of Education (USBE) shall make rules establishing the criteria for selecting a provider of the Program and also require that LEAs offer this program to all students in Grades 7 or 8, and 9 or 10. This new rule is being created to comply with the statutory mandates. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is not expected to have any fiscal impact on state government revenues or expenditures. The Program is funded through legislative appropriation for all LEAs and the administrative supported required at the USBE to fund the Program. No additional resources are required at the state level. - LOCAL GOVERNMENTS: This new rule is not expected to have any material impact on local governments' revenues or expenditures. The Program is funded through legislative appropriation for all LEAs and the administrative supported required at the USBE to fund the Program. No additional resources are required from LEAs. - SMALL BUSINESSES: This new rule and the associated legislation has resulted in the award of a contract, as a result of an RFP, for a statewide Program. The vendor awarded the contract will receive funds in accordance with their contract. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities. 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 proposed rule 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 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43448.htm No. 43439 (New Rule): R277-912. Law Enforcement Related Incident Reporting. SUMMARY OF THE RULE OR CHANGE: The Utah State Board of Education (USBE) Rule R277-912 is drafted in response to 2018 General Session S.B. 198, Utah Communications Authority Amendments, to provide a procedure to collect required data. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is not expected to have any fiscal impact on state government revenues or expenditures. This rule clarifies expectations for required reporting of school incident data. Local education agencies (LEAs) already have data gathering systems and reporting capabilities. Annual reporting will be facilitated by existing USBE staff. No additional resources are required at the state level. - LOCAL GOVERNMENTS: This new rule is not expected to have any material impact on local governments' revenues or expenditures. This rule clarifies expectations for required reporting of school incident data. LEAs already have data gathering systems and reporting capabilities. Annual reporting will be facilitated by existing USBE staff. LEAs already gather and report various data elements. It is anticipated that existing staff at LEAs will gather and report required data. - SMALL BUSINESSES: No impact on small businesses. This rule clarifies expectations for required reporting of school incident data. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities. This rule clarifies expectations for required reporting of school incident data. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. This rule clarifies expectations for required reporting of school incident data. 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 LEAs and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43439.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43425 (Amendment): R414-61-2. Incorporation by Reference. SUMMARY OF THE RULE OR CHANGE: This renewal incorporates by reference updates to the Medically Complex Children’s Waiver, effective 10/01/2018. These updates include: adjustments made to eligibility targeted criteria for initial and annual determinations; developing criteria to evaluate level of care based on the performance of age appropriate activities of daily living; the development of a transition plan for individuals who may no longer meet criteria for program participation; and the revision of quality-improvement performance measures to better align with waiver assurances and sub-assurances. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact on the state budget because these waiver updates do not provide new services, and ongoing services are within previous allocations set forth by the Legislature. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide waiver services for Medicaid members. - SMALL BUSINESSES: There is no impact on small businesses because these waiver updates do not provide new services, and ongoing services are within previous allocations set forth by the Legislature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers because these waiver updates do not provide new services, and ongoing services are within previous allocations set forth by the Legislature. Children who are currently enrolled in the waiver, or would have been enrolled in the waiver, may lose or not be able to obtain eligibility due to new entrance requirements and assessment criteria. On the other hand, children who would not have previously been enrolled in the waiver will gain coverage due to the new requirements and criteria. No cost-effective data exists to determine what the fiscal impact would be on either of these groups. COMPLIANCE COSTS FOR AFFECTED PERSONS: A child who is currently enrolled in the waiver, or would have been enrolled in the waiver, may lose or not be able to obtain eligibility due to new entrance requirements and assessment criteria. There is, however, no cost-effective data to estimate what the fiscal impact would be. 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 01/31/2019 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: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43425.htm INSURANCE ADMINISTRATION No. 43428 (Amendment): R590-126-2. Purpose and Scope. SUMMARY OF THE RULE OR CHANGE: This change adds a citation to recognize health benefit plans that comply with the proposed new Rule R590-277. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. This rule only adds a citation to recognize health benefit plans that comply with the proposed new Rule R590-277. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This rule only adds a citation to recognize health benefit plans that comply with the proposed new Rule R590-277. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule only adds a citation to recognize health benefit plans that comply with the proposed new Rule R590-277. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. This rule only adds a citation to recognize health benefit plans that comply with the proposed new Rule R590-277. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. This rule only adds a citation to recognize health benefit plans that comply with the proposed new Rule R590-277. 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 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43428.htm No. 43429 (Amendment): R590-186-5. Company License Renewal. SUMMARY OF THE RULE OR CHANGE: This change clarifies what verification can be provided for each parcel of real property owned by the applicant and included in the agency's net worth calculation at the time of renewal. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. This change merely clarifies the types of real property verification that bail bond agencies may provide at the time of renewal. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This change merely clarifies the types of real property verification that bail bond agencies may provide at the time of renewal. - SMALL BUSINESSES: Small businesses could see some savings or expense depending on which verification option they choose to provide. One option is significantly more expensive than the other two options, while another is significantly less expensive. The Insurance Department (Department) anticipates that most companies will see savings because they will likely choose to provide the less expensive option. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other person. This change merely clarifies the types of real property verification that bail bond agencies may provide at the time of renewal. COMPLIANCE COSTS FOR AFFECTED PERSONS: Bail bond agencies are already required to provide real property verification for their annual license renewal. The change to this rule ultimately allows them to save money on that verification at their discretion. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: All bail bond agencies are required to provide property verification for their annual license renewal. This rule change allows the agencies to choose which verification method they will provide, rather than requiring a specific method. Agencies could see some savings or expenses depending on which verification option they choose to provide. One option is significantly more expensive than the other two options, while another is significantly less expensive. The Department anticipates that most companies will see savings because they will likely choose to provide the less expensive option. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: There are 13 collaterally backed bail bond agencies in Utah that will be affected. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: All of those 13 collaterally backed bail bond agencies in Utah are small businesses and will be affected. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The Insurance Department is not able to anticipate the expected net savings or costs to small businesses as a result of this rule change. The cost of the most expensive option — a certified appraisal — is negotiated between the small business and the appraiser and depends on several individual factors that the Department cannot know. The cost of the cheaper options — the title letter or report, or a current abstract of title from a county recorder — are similarly difficult to determine because they vary by county and provider. The Department expects that most affected small businesses will choose to use a cheaper option and will recognize ongoing savings. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: The above analysis represents the Insurance Department's best estimate of the fiscal impact this rule amendment will have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43429.htm No. 43427 (New Rule): R590-277. Managed Care Health Benefit Plan Policy Standards. SUMMARY OF THE RULE OR CHANGE: This rule adopts key definitions to be used in contracts; prohibits contract limitations or exclusions except for those stated in this rule; provides for rights for a spouse or child in the event of contract termination; requires certain benefits for transplants, requires notification when premiums are being revised; requires coverage to be offered without regard to health status; includes required provisions to be included in contracts; and restricts the manner in which premium rates are calculated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of health insurance contracts. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. If a local government plan offered their employees a self- funded health plan, this rule would not apply. If a local government plan offered their employees a fully insured health plan, it is not anticipated that there will additional costs or savings. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of health insurance contracts. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of contracts. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses or local government entities. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of contracts. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance cost for affected persons. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of contracts. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/15/2019 10:00 AM, State Office Building, 450 N State Street, Room 3110, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43427.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 43431 (Amendment): R657-5. Taking Big Game. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) authorize the use of airguns with a bolt during any legal weapon hunts; 2) authorize and set the regulations for flying into a hunting unit during a hunt; and 3) require successful applicants of hunter's choice Rocky Mountain Goat hunts to complete an online orientation course prior to receiving the permit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule amendments either clarify current regulations or set protocol for new hunts, all of these changes can be initiated within the current workload and resources of the Division, therefore, the Division of Wildlife Resources (DWR) determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since these changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since these proposed amendments only make adjustments to current regulations, or in many instances simplifies current restrictions, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These proposed rule amendments will not directly impact small businesses as they do not require a service from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments do not have the potential to create a cost impact to those individuals wishing to participate in the hunting opportunities. The mandatory orientation course is offered free of charge and will only require 30 minutes of the successful applicants' time. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for those participating in big game hunting in 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 01/31/2019 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: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43431.htm No. 43430 (Amendment): R657-9. Taking Waterfowl, Wilson's Snipe and Coot. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) establish a hunt boundary for Antelope Island; and 2) authorize the use of class 1 electric bikes on Waterfowl Management Areas (WMA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments establish a boundary for Antelope Island and allows for additional opportunity or hunters to use electric bikes. DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since these changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since these amendments have minimal impact on individual hunters and no impact on the local governments, DWR finds that this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These amendments only add a hunt boundary and establish the use for electric bikes in WMA's, therefore, this filing does not have the potential to generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments only add a hunt boundary and establish the use for electric bikes in WMA's, therefore, this filing does not have the potential to generate a cost or savings impact to sportsmen or the other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for those who participate in wildlife related activities in 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 01/31/2019 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: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43430.htm No. 43432 (Amendment): R657-38. Dedicated Hunter Program. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) consolidate related sections for simplification; 2) eliminate redundancy and add clarity to rule intent throughout; 3) establish a deadline for extension requests; 4) clarify timeframes in which the service hours must be completed; and 5) clarify the withdrawal requirements and number of permits allowed for a withdrawal. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendment make technical and clarifying changes and thus 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 can be carried out with the existing budget. - LOCAL GOVERNMENTS: Since these amendments are only clarifying or simplifying processes already in place, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These amendments simply make technical and clarifying changes, therefore, DWR determines that the amendments do not have the potential to generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments simply make technical and clarifying changes, therefore, DWR had determined that these amendments do not have the potential to generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional savings or costs for those who wish to participate in the program. 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 01/31/2019 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: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43432.htm PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 43435 (New Rule): R722-920. Cold Case Database. SUMMARY OF THE RULE OR CHANGE: This rule specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Public Safety (Department) does not anticipate a cost or savings to the state budget because this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public. - LOCAL GOVERNMENTS: The Department does not anticipate a cost or savings to local governments because this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public. - SMALL BUSINESSES: The Department does not anticipate a cost or savings to small businesses because this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate a cost or savings to persons other than small businesses or local government entities because this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no associated compliance costs for affected persons, this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are not any non-small businesses in the state of Utah that will be impacted by this rule. This rule only affects law enforcement as it requires them to enter homicide and missing person cold cases into the cold case database. The Commissioner of the Department of Public Safety, Jess L. 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 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-281-5039, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov - Greg Willmore by phone at 801-965-4533, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43435.htm TAX COMMISSION PROPERTY TAX No. 43437 (Amendment): R884-24P-19. Appraiser Designation Program Pursuant to Utah Code Ann. Sections 59-2-701 and 59-2-702. SUMMARY OF THE RULE OR CHANGE: These proposed amendments establish a two-year deadline for meeting the requirements for the Ad Valorem Personal Property Auditor/Appraiser designation. In addition, they reduce the number of required hours of continuing education for this designation from 14 to 6. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments are not expected to have any measurable fiscal impact on state government revenues or expenditures because they will only impact local government employees. - LOCAL GOVERNMENTS: These proposed amendments may have a minor inestimable fiscal impact on the revenues or expenditures of certain local governments depending on a specific local government's level of compliance with the current rule. If a local government is fully compliant with the current rule, there may be a small reduction in expenditures as a result on the reduction in required continuing education hours. - SMALL BUSINESSES: These proposed amendments are not expected to have any fiscal impact on small businesses' revenues or expenditures because they will only impact local government employees. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are not expected to have a fiscal impact on the revenues or expenditures of other persons because they will only impact local government employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There may be minor inestimable compliance costs or savings for local governments as a result of these amendments depending on a specific local government's level of compliance with the current rule. If a local government is fully compliant with the current rule it is likely that there will be some compliance savings as a result on the reduction in required continuing education hours. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments are not expected to have any fiscal impact on businesses because they will only impact local governments and certain local government employees. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43437.htm No. 43438 (Amendment): R884-24P-74. Changes to Jurisdiction of Mining Claims Pursuant to Utah Code Ann. Section 59-2-201. SUMMARY OF THE RULE OR CHANGE: This new section identifies acceptable evidence that an owner or the county in which the mining claim is located may present to the Commission to request that the mining claim be locally assessed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed section is not expected to have any measurable fiscal impact on state government revenues or expenditures because it only clarifies acceptable evidence and the current procedure in rule. - LOCAL GOVERNMENTS: This proposed section is not expected to have any fiscal impact on local governments' revenues or expenditures because it only clarifies acceptable evidence and the current procedure in rule. - SMALL BUSINESSES: This proposed section is not expected to have any fiscal impact on small businesses' revenues or expenditures because it only clarifies acceptable evidence and the existing procedure in rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed section is not expected to have a fiscal impact on the revenues or expenditures of other persons because it only clarifies acceptable evidence and the existing procedure in rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is not expected to be an increased compliance cost as a result of this new section because the proposed section only identifies acceptable evidence that may be presented by an owner of a mining claim, or the county in which a mining claim is located, before a mining claim that is assessed by the Commission may be locally assessed. Acceptable evidence is not limited to the evidence specified in this rule and the evidence specified in this rule is already considered acceptable under current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed section is not expected to have any fiscal impact on businesses because it only clarifies existing procedure in rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43438.htm TRANSPORTATION MOTOR CARRIER No. 43443 (Amendment): R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation, and Certification. SUMMARY OF THE RULE OR CHANGE: Section R909-19-11 was entirely deleted and replaced. The information from this section was then divided into seven new sections, with revised heading names. There was a consensus that this would allow specific fee areas to be immediately located. The new Section R909-19-11 added additional clarification for a recovery operation. The new Section R909-19-12 separated out the police generated towing fee calculation. The new Section R909-19-13 includes the updated storage fee. The new Section R909-19-14 separated out the non-consent fuel surcharge fee. The new Rule R909-19-15 separated out the non- consent administrative fee. The new Section R909-19-16 separated out the administrative fee adjustment. The new Section R909-19-17 separated out information for public consent towing fee. The new Section R909-19-18 added additional language related to posting requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department estimates that neither it nor the state will experience a fiscal impact related to these proposed amendments because state and federal law already require it to regulate and inspect motor carrier commercial vehicles. These proposed amendment will not change the amount of work required to meet the Department's responsibilities. - LOCAL GOVERNMENTS: The Department estimates these proposed rule changes will not cause any fiscal impact to local governments because they only change how the Department regulates the tow truck motor carrier industry. These proposed changes do not require local governments to do anything. - SMALL BUSINESSES: Proposed changes to Section R909-19-18 will require tow truck motor carriers and impound yards, all of which are small businesses, to post all non-consent tow fees and rates for towing and storage at all locations. The tow truck motor carrier would have to pay the cost of installing additional signage to ensure that fees are posted as required. The Department does not know how many tow truck motor carriers will need to post new signs, how many signs the average tow truck motor carrier will need to install, nor what the cost of these signs is. Therefore, it is not possible to estimate this additional compliance cost at present. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department estimates these proposed rule changes will not cause any fiscal impact to persons other than small businesses, businesses, or local government entities because they only change how the Department regulates the tow truck motor carrier industry. COMPLIANCE COSTS FOR AFFECTED PERSONS: As stated in small businesses cost above, the proposed changes to Section R909-19-18 will require tow truck motor carriers and impound yards, all of which are small businesses, to post all non-consent tow fees and rates for towing and storage at all locations. They will be required to pay the cost of installing additional signage to ensure that fees are posted as required. The Department does not know how many tow truck motor carriers will need to post new signs, how many signs the average tow truck motor carrier will need to install, nor what the cost is for these signs. Therefore, it is not possible to estimate this additional compliance cost at present. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed rule changes will not have a fiscal impact on businesses in general. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43443.htm OPERATIONS, TRAFFIC AND SAFETY No. 43444 (Amendment): R920-50. Ropeway Operation Safety. SUMMARY OF THE RULE OR CHANGE: Summary of the changes resulting from replacing the ANSI B77.1-2011 standard with the ANSI B77.1-2017 standard: 1) requirements for the evaluation and selection of electrical components have been revised to be consistent with industry standards; 2) fuel handling requirements have been revised to be consistent with industry standards; 3) additional work carrier requirements have been established to provide a consistent standard for work carriers in use; and 4) lift operation requirements are refined to provide clarity for the roles and responsibilities of lift operators. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Transportation (Department) does not anticipate that these proposed amendments will lead to any additional cost or saving to the state budget. The Department already regulates and inspects ski lifts operating in the state. These proposed amendments will not require the Department to invest any additional time or other assets to meet its responsibilities. It will just apply different a standard. - LOCAL GOVERNMENTS: The Department does not anticipate that these proposed amendments will lead to any additional cost or saving to local governments. The Department regulates and inspects ski lifts operating in the state. Local governments are generally not involved in this process. - SMALL BUSINESSES: The Department's research suggests that these proposed amendments will lead to compliance costs or fiscal impact to the average skiing facility, both small and non-small, from $0 to $2,000. Total fiscal impact to small businesses affected by these proposed rule changes could total more than $24,000. The fiscal impacts would result from adoption of updated ANSI standards included in these proposed rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department estimates persons other than businesses and local governments, skiers, may be fiscally impacted by these proposed amendments because lift operators that are fiscally impacted will likely pass additional costs on to the consumer. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not attempt to estimate what compliance costs will be for all persons affected by these proposed rule changes because the cost of doing so is prohibitive. Lift operators control how much of their costs they pass to their consumers. For lift operators, the Department estimates these proposed rule changes will be from $0 to $2,000 per lift. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed rule changes will likely result in a fiscal impact on some businesses in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Allen by phone at 801-965-4766, by FAX at 801-965-3845, or by Internet E-mail at brianallen@utah.gov - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43444.htm PRECONSTRUCTION No. 43445 (Amendment): R930-7. Utility Accommodation. SUMMARY OF THE RULE OR CHANGE: The principal objective of these updates will achieve the following beneficial outcomes: 1) remove language that is against Federal regulation (Federal Communications Commission) (Subsections R930-7-1(2), R930-7-3(32), and R930-7-6(1)(a)(c); 2) add a definition for "Buffer Zone" as it relates to a utility company's requirements for cover (Subsection R930-7-3(8)); 3) add a definition for "Small Wireless Facility" and requirements for necessary agreements in compliance with Small Wireless Facilities Deployment Act, Title 54, Chapter 21 (Subsections R930-7-3(48) and R930-7-6(1)(b)); 4) provide proper definition reference for "Utility Facility" and "Utility Company" (Subsections R930-7-3 (56) and (57)); 5) add a requirement for a non- utility license agreement for non-defined facilities (Subsection R930-7- 6(2)(b)); 6) add a provision for additional insurance for small canal companies who cannot post the required SULA bond (Subsection R930-7- 6(2)(e)); 7) strengthen the language related to depth of bury requirements giving regions additional authority to require deeper that minimum depths when necessary and remove redundant language (Subsection R930-7-8(1)(c)(iii)); 8) enhance minimum depth of bury table to clarify location requirements, measurements to/from and buffer zone depths if required by utility company (Subsection R930-7-8(1)(c)(v) Table 2); and 9) correct stylistic grammar throughout. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department estimates its budget and the state's budget will likely experience a fiscal impact related to these proposed amendments. The Department is proposing these amendments to accommodate the projected increase in demand for encroachment permits to access its right-of-way that development of fifth-generation (5G) mobile broadband technology is certain to cause. Utility companies may need to construct new infrastructure in the Department's right-of-way to accommodate the new technology. However, it is not possible to estimate what this impact will be with any degree of accuracy at present. - LOCAL GOVERNMENTS: The Department does not believe these proposed amendments will lead to fiscal impact for local governments unless the local government in question is bearing the costs of installing a utility facility in the Department's right-of-way. However, because the cost of the impact a local government may incur in such instances will vary based on geographic location and attendant variables it is not possible to estimate what the compliance costs will be with any degree of accuracy at present. - SMALL BUSINESSES: The Department believes these proposed amendments may lead to compliance costs for small businesses if an entity installing a utility facility on the Department's right-of-way is able and determines to pass all or a portion of the compliance costs it incurs to such other persons, such as small businesses. Moreover, if the utility seeking to install a utility facility in right-of-way belonging to the Department is a small business and it cannot pass costs incurred that may be attributable to these rule changes to customers or others it may experience a fiscal impact. However, it is impossible to estimate what such compliance costs might be with any accuracy at present. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department believes these proposed amendments may lead to compliance costs for persons other than businesses and local governments if the entity installing a utility facility on the Department's right-of- way is able and determines to pass all or a portion of the compliance costs it incurs to such other persons. However, it is impossible to estimate what such compliance costs might be with any accuracy at present. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department believes these proposed amendments may lead to compliance costs for persons other than businesses and local governments if the entity installing a utility facility on the Department's right-of-way is able and determines to pass all or a portion of the compliance costs it incurs to such other persons. However, it is impossible to estimate what such compliance costs might be with any accuracy at present. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments to Rule R930-7 may lead to fiscal impacts on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43445.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. EDUCATION ADMINISTRATION No. 43426 (5-year Review): R277-495. Required Policies for Electronic Devices in Public Schools. 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 continues to be necessary because it directs all local education agencies (LEAs) and public schools to adopt policies, individually or collectively as school districts or consortia of charter schools, governing the possession and use of electronic devices, both LEA-owned and privately-owned, while on public school premises or, participating in school activities, for LEA-owned devices, wherever the devices are used. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 12/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43426.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43436 (5-year Review): R392-101. Food Safety Manager Certification. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department recommends the continuation of Rule R392-101, Food Safety Manager Certification. This rule complies with statute by accomplishing the following important functions: 1) it establishes statewide uniform standards for certified food safety managers; 2) it defines the examination content required to ensure an examinee demonstrates sufficient knowledge in food protection management; and 3) it facilitates the implementation of the Food Safety Manager Certification Act. The Department received no comments in opposition to the continuation of R392-101. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 12/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43436.htm FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 43421 (5-year Review): R398-4. Cytomegalovirus Public Health Initiative. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 26-10-10 was created to provide public education and testing for cytomegalovirus. This statute is still in effect. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Joyce McStotts by phone at 801-584-8239, by FAX at 801-584-8488, or by Internet E-mail at jmcstotts@utah.gov EFFECTIVE: 12/06/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43421.htm HUMAN SERVICES RECOVERY SERVICES No. 43440 (5-year Review): R527-275. Passport Release. 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 because the federal regulations that are incorporated by reference are still in effect and this rule is reflected in current policy, procedures, and practices of the ORS. In addition, this rule informs the public of the criteria used by ORS to release a passport that has been previously denied. 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 EFFECTIVE: 12/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43440.htm SERVICES FOR PEOPLE WITH DISABILITIES No. 43434 (5-year Review): R539-10. Short-Term Limited Waiting List Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 62A-5-102(7) authorizes and requires that DSPD provide one-time funded services. Rule R538-10 details eligibility and selection for participation in the short-term limited waiting list services program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amy Huppi by phone at 801-538-4154, or by Internet E-mail at amyhuppi@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 EFFECTIVE: 12/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43434.htm NATURAL RESOURCES WATER RIGHTS No. 43424 (5-year Review): R655-13. Stream Alteration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is still required for processing and acceptance by the state engineer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov EFFECTIVE: 12/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43424.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 43446 (5-year Review): R926-11. Clean Fuel Vehicle Decal Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department of Transportation still has a program that allows the use of high occupancy vehicle lanes by vehicles with a clean fuel vehicle decal regardless of the number of occupants. This rule is still necessary to regulate this program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - Eileen McCown by phone at 801-965-4030, or by Internet E-mail at emccown@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 12/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43446.htm TRANSPORTATION COMMISSION ADMINISTRATION No. 43447 (5-year Review): R940-3. Procedures for Transportation Infrastructure Loan Fund Assistance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department of Transportation is still required to review and approve loans and assistance made through the Transportation Infrastructure Loan Fund. This rule is needed to regulate that process. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - Eileen McCown by phone at 801-965-4030, or by Internet E-mail at emccown@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 12/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190101/43447.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43249 (AMD): R156-15.Health Facility Administrator Act Rule Published: 11/01/2018 Effective: 12/10/2018 No. 43250 (AMD): R156-20a-302a.Qualifications for Licensure - Education Requirements Published: 11/01/2018 Effective: 12/10/2018 No. 43251 (AMD): R156-78B.Prelitigation Panel Review Rule Published: 11/01/2018 Effective: 12/10/2018 REAL ESTATE No. 43123 (AMD): R162-2e-205.Division Service Fees -- AMC Registry Fee Published: 08/15/2018 Effective: 12/12/2018 No. 43123 (CPR): R162-2e-205.Division Service Fees -- AMC Registry Fee Published: 11/01/2018 Effective: 12/12/2018 EDUCATION ADMINISTRATION No. 43273 (NEW): R277-301.Educator Licensing Published: 11/01/2018 Effective: 12/10/2018 No. 43274 (NEW): R277-303.Educator Preparation Programs Published: 11/01/2018 Effective: 12/10/2018 No. 43272 (AMD): R277-444.Distribution of Money to Arts and Science Organizations Published: 11/01/2018 Effective: 12/10/2018 No. 43266 (AMD): R277-477.Distributions of Funds from the Trust Earnings Account and Administration of the School LAND Trust Program Published: 11/01/2018 Effective: 12/10/2018 No. 43267 (AMD): R277-487.Public School Data Confidentiality and Disclosure Published: 11/01/2018 Effective: 12/10/2018 No. 43271 (AMD): R277-488.Critical Languages and Dual Language Immersion Program Published: 11/01/2018 Effective: 12/10/2018 No. 43268 (AMD): R277-491.School Community Councils Published: 11/01/2018 Effective: 12/10/2018 No. 43278 (AMD): R277-496.K-3 Reading Software Licenses Published: 11/01/2018 Effective: 12/10/2018 No. 43276 (AMD): R277-620.Suicide Prevention Programs Published: 11/01/2018 Effective: 12/10/2018 ENVIRONMENTAL QUALITY DRINKING WATER No. 43209 (AMD): R309-105-12.Cross Connection Control Published: 10/01/2018 Effective: 01/01/2019 No. 43210 (R&R): R309-305.Certification Rules for Backflow Technicians Published: 10/01/2018 Effective: 01/01/2019 HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 43226 (AMD): R398-2.Newborn Hearing Screening Published: 10/15/2018 Effective: 12/03/2018 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43227 (AMD): R414-516.Nursing Facility Non-State Government-Owned Upper Payment Limit Quality Improvement Program Published: 10/15/2018 Effective: 12/06/2018 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43257 (AMD): R426-3.Licensure Published: 11/01/2018 Effective: 12/12/2018 No. 43258 (AMD): R426-4.Operations Published: 11/01/2018 Effective: 12/12/2018 No. 43259 (NEW): R426-10.Air Ambulance Licensure and Operations Published: 11/01/2018 Effective: 12/12/2018 DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 43256 (AMD): R438-15.Newborn Screening Published: 11/01/2018 Effective: 01/01/2019 NATURAL RESOURCES WILDLIFE RESOURCES No. 43230 (AMD): R657-13.Taking Fish and Crayfish Published: 11/01/2018 Effective: 12/10/2018 PUBLIC SAFETY HIGHWAY PATROL No. 43104 (AMD): R714-160.Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections Published: 08/15/2018 Effective: 12/06/2018 TAX COMMISSION AUDITING No. 43262 (AMD): R865-19S-85.Sales and Use Tax Exemptions for Certain Purchases by a Manufacturing Facility Pursuant to Utah Code Ann. Section 59-12-104 Published: 11/01/2018 Effective: 12/13/2018 No. 43263 (AMD): R865-19S-121.Sales and Use Tax Exemptions for Certain Purchases by a Mining Facility Pursuant to Utah Code Ann. Section 59-12- 104 Published: 11/01/2018 Effective: 12/13/2018 No. 43264 (AMD): R865-19S-122.Sales and Use Tax Exemptions for Certain Purchases by a Web Search Portal Establishment Pursuant to Utah Code Ann. Section 59-12-104 Published: 11/01/2018 Effective: 12/13/2018 PROPERTY TAX No. 43261 (AMD): R884-24P-53.2018 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-2-515 Published: 11/01/2018 Effective: 12/13/2018 TRANSPORTATION MOTOR CARRIER No. 43254 (AMD): R909-2.Utah Size and Weight Rule Published: 11/01/2018 Effective: 12/12/2018 OPERATIONS, TRAFFIC AND SAFETY No. 43255 (R&R): R920-30.State Safety Oversight Published: 11/01/2018 Effective: 12/12/2018 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/ . <> ----------------------------