---------------------------- Utah State Digest, Vol. 2019, No. 2 (January 15, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed December 15, 2018, 12:00 AM through January 2, 2019, 11:59 PM Volume 2019, No. 2 January 15, 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 *********************************************** EDITOR'S NOTES Correction Notice on Filing No. 43337 in the November 15, 2018, Bulletin - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/ed160897.htm SPECIAL NOTICES Notice for February 2019 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/sn160884.htm NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between December 15, 2018, 12:00 a.m., and January 2, 2019, 11:59 p.m. are summarized in this, the January 15, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the January 15, 2019, issue of the Utah State Bulletin until at least February 14, 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 15, 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. EDUCATION ADMINISTRATION No. 43450 (Amendment): R277-404. Requirements for Assessments of Student Achievement. SUMMARY OF THE RULE OR CHANGE: Rule R277-404 is updated to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah, and Utah State Board of Education (USBE) policies. Section R277-404-3 has been updated for the 2018 - 2019 school year. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and USBE policies. This rule incorporates the USBE standard test administration and testing ethics policy into rule, and updates this rule for the recently adopted RISE assessment. - 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 incorporates the USBE standard test administration and testing ethics policy into rule, and updates this rule for the recently adopted RISE assessment. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and USBE policies. This rule incorporates the USBE standard test administration and testing ethics policy into rule, and updates this rule for the recently adopted RISE assessment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on other persons revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and USBE policies. This rule incorporates the USBE standard test administration and testing ethics policy into rule, and updates this rule for the recently adopted RISE assessment. 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 02/14/2019 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: 02/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43450.htm HEALTH CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 43462 (New Rule): R436-19. Abortion Reporting. SUMMARY OF THE RULE OR CHANGE: Rule R436-19 is proposed to specify how the Department plans to ensure that physicians collect the required abortion information under Subsections 76-7-313(1) and (2). S.B. 118, passed during the 2018 General Session, amended Section 76-7-313 to require that the Department specify in rule how it plans to ensure that physicians collect the required abortion information. This rule filing designates the form that has been used by physicians in the past. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In regard to the cost impact to state government, the Department is responsible to accept the forms from physicians. Once received, Department employees must file, and code, key, and check the information provided on the forms. As this work is completed, it costs the Department about $3.45 per record. Assuming there are between 2,746 and 2,896 abortions in Utah each year, the annual total cost impact to the Department is between $9,474 and $9,818. This is a cost impact that the Department has carried for several years. - LOCAL GOVERNMENTS: There are no anticipated savings or costs to local governments with this rule filing as it only describes how a physician performing an abortion can maintain compliance with reporting requirements under Subsections 76-7-313(1) and (2). - SMALL BUSINESSES: There are no anticipated savings or costs to small businesses with this rule filing as the physicians performing abortions are employed by businesses with 50 or more employees. The rule filing only describes how a physician performing an abortion can maintain compliance with reporting requirements under Subsections 76-7-313(1) and (2). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated savings or costs to persons other than small businesses, businesses, or local government entities with this rule filing as the physicians performing abortions are employed by businesses. The rule filing only describes how a physician performing an abortion can maintain compliance with reporting requirements under Subsections 76-7- 313(1) and (2). COMPLIANCE COSTS FOR AFFECTED PERSONS: In regard to the cost impact to non-small businesses, there are about 11 facilities in Utah with 50 or more employee that employ physicians who perform abortions. At each of these facilities, there are between 1 and 2,000 abortions performed annually. The annual cost impact to facilities is estimated to be between $9.42 and $18,840. This is calculated with the following assumptions: It takes a physician five minutes to complete and submit to the department the form specified in the rule filing. The mean per hour salary of an OB/GYN in the United States is $113.10. $113.10 / 60 minutes = $1.86 per minute. $1.86 x 5 minutes = $9.42. A facility's cost to pay a physician to complete the form is $9.42. Therefore, assuming physicians who perform abortions complete between 1 and 2,000 abortion forms a year, the cost impact per year to facilities is between $9.42 and $18,840. Assuming there are between 2,746 and 2,896 abortions in Utah each year, the annual total cost impact to all non-small businesses to complete the form is estimated between $25,867 and $26,809. A physician's requirement to report abortion information to the Department and the process used to comply with the requirement are not new and have been in place for several years. S.B. 118, passed during the 2018 General Session, amended Section 76-7-313 to require that the Department specify in rule how it plans to ensure that physicians collect the required abortion information. This rule filing only describes a plan and process that are already in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Executive Director of the Department, Joseph K. Miner, MD, 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 02/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43462.htm NATURAL RESOURCES PARKS AND RECREATION No. 43464 (Amendment): R651-214. Temporary Registration. SUMMARY OF THE RULE OR CHANGE: The current rule reads that a temporary registration issued by a boat dealer cannot exceed 30 days from the date of issue and it is 45 days for the Division of Motor Vehicles. This creates some confusion regarding how long the temporary registration is valid for dealers that sell both motor vehicles and boats. This also causes a 15-day difference from the boat and its trailer, if the trailer is required to be registered. This amendment allows for the 45-day temporary registration and will mirror the requirements for the Division of Motor Vehicles. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is updated to reflect changes made with motor vehicle temporary registrations. It changes the expiration date from 30 days to 45 days. There is no aggregate cost or savings to the Division of Parks and Recreation with this amendment, because this is a language standardization between statue and rule. - LOCAL GOVERNMENTS: No local governments costs are known for the amendment to this rule, because it changes the expiration date of a temporary registration from 30 days to 45 days, which will mirror the Division of Motor Vehicles law. - SMALL BUSINESSES: This rule is updated to reflect changes made with motor vehicle temporary registrations. There is no aggregate cost or savings to this amendment, because this is a language standardization between statue and rule. This amendment allows for the 45-day temporary registration rather than the 30 days shown in the current rule and will mirror the requirements for the Division of Motor Vehicles. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is updated to reflect changes made with motor vehicle temporary registrations. It only changed the expiration date from 30 days to 45 days. There is no aggregate cost or savings to this amendment, because this is a language standardization between statue and rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because the change is a language standardization only between statue and rule. The change affects the temporary registration and will now mirror the Division of Motor Vehicle law which is that a temporary registration is good for 45 days, rather than 30 days. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change should have a positive benefit to businesses, as well as private boat owners. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43464.htm PUBLIC SAFETY FIRE MARSHAL No. 43455 (New Rule): R710-12. Hazardous Materials Training and Certification. SUMMARY OF THE RULE OR CHANGE: This was an existing rule that expired in March of 2018. This rule is essential in establishing ongoing training standards for hazardous materials emergency response agencies. The purpose of this rule is to establish minimum rules establishing ongoing training standards for hazardous materials emergency response agencies. There is adopted, as part of this rule, the National Fire Protection Association (NFPA), Standard 472, Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents, 2013 edition, and (NFPA) Standard 1072, 2017 edition, except as amended by provisions as outlined in this rule. These NFPA Standards set the criteria for certification in hazardous materials response in the State of Utah. This rule establishes the Hazardous Materials Advisory Council (Council). This Council is created by the Board. This Council's duties are to provide direction to the Board in matters relating to training and certification standards for hazardous materials emergency responders and emergency response agencies. The Council approves curriculum for hazardous materials training at various levels and approves examinations for certification. This rule recognizes nationally accepted levels of certification in hazardous materials emergency response and establishes a minimum level of tested competency for each level of certification. This certification is voluntary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state. The Council is a volunteer organization that serves at no cost to the state. Standards, books, and other training materials used by the Utah State Fire Marshal's Office Haz-Mat Section, in the training of those responding to hazardous materials incidents, are paid for by the Hazardous Materials Preparedness Grant. The Utah Fire and Rescue Academy provides hazardous material response training via a contract between the Utah Department of Public Safety and Utah Valley University. There is not a specific line item in that contract for hazardous materials response training. If a specific standard were not adopted, organizations doing training would have no choice but to use the most current standards published by NFPA thus potentially increasing the frequency that standards need to be purchased and increasing the cost. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. Although local fire departments may provide their own training for hazardous materials emergency response, this rule will not increase or decrease the amount of time or materials used in the training. This rule establishes a standard so that different emergency response organizations responding together to a hazardous materials emergency can be assured of each other's minimum skill level based on a certification and training standard. Participation is voluntary. - SMALL BUSINESSES: Hazardous materials are all around us. They come in the form of solids, gases, and liquids. They are used in manufacturing, agriculture, food preparation and preservation, semi-conductors, fuel dispensing and storage, consumer products, medical tests, nuclear power, and many other ways. Even a simple rupture in a fuel tank will require the proper response, containment, control, and remediation. Every business and private property is a potential site for a hazardous materials emergency response. Many businesses may have an interest in having employees trained in some level of hazardous materials emergency response. Some businesses are mandated by the federal Occupational Safety and Health Administration (OSHA) or other regulatory agency to have an onsite hazardous materials emergency response. Some businesses are mandated by company policy to have a similar response. Others may seek training as a proactive safety program. With these variables it is not possible to estimate the number of businesses that may be impacted. There is a potential of a savings to small businesses. A small business that is required to have employees trained in hazardous materials response may attend training provided by the State Fire Marshal's Office at no cost. This training may be for knowledge, certification, or for continuing education credits for re-certification. This rule provides a path for private hazardous materials emergency responders to meet any relevant OSHA requirements, and achieve certification if outside certification is required by the private company. There are other opportunities for this training, and the private sector is not obligated in any way to use the State Fire Marshal's Office. The potential savings is impossible to measure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons. This training is not available to persons that are not expected to provide hazardous materials emergency response. COMPLIANCE COSTS FOR AFFECTED PERSONS: This standard is voluntary and has existed for several years. There are no anticipated costs. The fire service can obtain training from the Utah Fire and Rescue Academy or the Utah State Fire Marshal's Office at no cost. The private sector hazardous materials emergency responders, and law enforcement, may participate in training provided by the Utah State Fire Marshal's Office at no cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Every business and private property is a potential site for a hazardous materials emergency response. Many businesses may have an interest in having employees trained in some level of hazardous materials emergency response. Some businesses are mandated by OSHA or other regulatory agency to have an onsite hazardous materials emergency response. It is not possible to estimate the number of businesses that may be impacted. Although there are outside entities that provide hazardous materials emergency response training, the State Fire Marshal's Office will provide this training at no cost. It is not possible to measure the potential cost savings to businesses that chose to obtain training from the State Fire Marshal's Office rather than using an outside entity. The Commissioner of the Department of Public Safety, Jess Anderson, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Coy Porter by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at coyporter@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43455.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. AGRICULTURE AND FOOD REGULATORY SERVICES No. 43449 (5-year Review): R70-630. Water Vending Machine. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Utah Wholesome Food Act is in place to protect the public from adulterated food and water products. This rule needs to continue in order to protect the public from contaminated vended water. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 12/17/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43449.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43465 (5-year Review): R156-80a. Medical Language Interpreter Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential certification holders of the requirements for certification as allowed under statutory authority provided in Title 58, Chapter 80a, with respect to certified medical language interpreters. This rule should also be continued as it provides information to ensure applicants for certification are adequately trained and meet minimum certification requirements. DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov EFFECTIVE: 01/02/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43465.htm HERITAGE AND ARTS ARTS AND MUSEUMS, MUSEUM SERVICES No. 43457 (5-year Review): R452-100. Certified Local Museum Designation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary as it outlines requirements museums must meet in order to be considered eligible for application as a certified local museum. DIRECT QUESTIONS REGARDING THIS RULE TO: - Josh Loftin by phone at 801-245-7205, or by Internet E-mail at jloftin@utah.gov EFFECTIVE: 12/20/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43457.htm INSURANCE ADMINISTRATION No. 43458 (5-year Review): R590-248. Mandatory Fraud Reporting Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule must be continued because it establishes a process of reporting fraud for insurers who do business in Utah. Mandatory reporting of suspected fraud has been shown to be an effective anti-fraud tool. The Coalition Against Insurance Fraud promotes that mandatory reporting of suspected insurance fraud along with strong insurance civil immunity is the backbone between insurers and the state in the fight against insurance fraud. This rule provides the framework through which insurers report because it is required. Without this rule, insurers may choose to ignore fraud, pay claims, avoid possible bad faith lawsuits, and pass this cost onto consumers who already bear this burden. Largely the Insurance Department depends on this rule to receive referrals from insurers. Referrals are assigned for further investigation, which results in criminal prosecutions when warranted. This rule enables the Insurance Department to make sure insurers are looking for and reporting suspected fraud. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 12/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43458.htm No. 43459 (5-year Review): R590-249. Secondary Medical Condition Exclusion. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule must continue in order to promote informed consumer behavior in the selection of health benefit plans to match their needs. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 12/21/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43459.htm NATURAL RESOURCES PARKS AND RECREATION No. 43454 (5-year Review): R651-411. OHV Use in State Parks. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 41-22-10.1 authorizes the controlling land managing agencies to "open" designated areas of OHV use, as OHV operation/use is closed unless designated "open". This rule needs to be continued in order to remain compliant with Utah State Code and to provide visitor access via OHV operation. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 12/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43454.htm No. 43451 (5-year Review): R651-636. Procedures for Application to Receive Funds From the Zion National Park Restricted Account. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The justification for the Zion National Park Support program includes the fact that the statutory requirement has not changed or been modified. Funds are also continuing to be received from persons who buy the Zion license plate. The Division has not received any comments in opposition to the law or rule. Additionally, the Division is not in disagreement with the continuation of the law and rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 12/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43451.htm No. 43452 (5-year Review): R651-700. Administrative Procedures for Real Property Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R651-700 benefits the Division, as well as the public, as it provides a transparent processes for real property transactions directed by the Division. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 12/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43452.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43463 (5-year Review): R746-350. Application to Discontinue Telecommunications Service. 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 so that the PSC may require companies to provide notice of their intent to curtail services or exit the market. This rule outlines the steps companies must take to inform the PSC, customers, other telecommunications carriers, and the public in general of the change in their operations in Utah's telecommunications and services markets. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 12/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43463.htm TRANSPORTATION MOTOR CARRIER No. 43461 (5-year Review): R909-3. Standards for Utah School Buses. 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 required by Section 41-6a-1304. 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: 12/27/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190115/43461.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. ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 43336 (AMD): R81-1-11.Multiple-Licensed Facility Storage and Service Published: 11/15/2018 Effective: 12/24/2018 No. 43337 (AMD): R81-1-24.Responsible Alcohol Service Plan Published: 11/15/2018 Effective: 12/24/2018 No. 43338 (AMD): R81-1-25.Sexually–Oriented Entertainers and Stage Approvals Published: 11/15/2018 Effective: 12/24/2018 No. 43339 (AMD): R81-1-27.Label Approvals Published: 11/15/2018 Effective: 12/24/2018 No. 43340 (AMD): R81-4-4.Verification of Proof of Age by Applicable Licensees Published: 11/15/2018 Effective: 12/24/2018 No. 43341 (AMD): R81-4A.Restaurant Liquor Licenses Published: 11/15/2018 Effective: 12/24/2018 No. 43342 (AMD): R81-4C.Limited Restaurant Licenses Published: 11/15/2018 Effective: 12/24/2018 No. 43344 (AMD): R81-4E.Resort Licenses Published: 11/15/2018 Effective: 12/24/2018 No. 43345 (AMD): R81-5.Club Licenses Published: 11/15/2018 Effective: 12/24/2018 No. 43348 (AMD): R81-10.Off-Premise Beer Retailers Published: 11/15/2018 Effective: 12/24/2018 No. 43346 (AMD): R81-10A-2.Licensing Published: 11/15/2018 Effective: 12/24/2018 No. 43343 (AMD): R81-10C.Beer-Only Restaurant Licenses Published: 11/15/2018 Effective: 12/24/2018 No. 43347 (AMD): R81-10D-6.Age Verification - Taverns Published: 11/15/2018 Effective: 12/24/2018 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43334 (AMD): R156-17b.Pharmacy Practice Act Rule Published: 11/15/2018 Effective: 12/27/2018 No. 43333 (AMD): R156-37-602.Records Published: 11/15/2018 Effective: 12/27/2018 No. 43353 (AMD): R156-37f.Controlled Substance Database Act Rule Published: 11/15/2018 Effective: 12/27/2018 No. 43279 (AMD): R156-55a.Utah Construction Trades Licensing Act Rule Published: 11/15/2018 Effective: 01/01/2019 GOVERNOR ECONOMIC DEVELOPMENT No. 43335 (NEW): R357-3.Economic Development Tax Increment Financing Rule Published: 11/15/2018 Effective: 12/24/2018 No. 43224 (R&R): R357-14.Electronic Meetings Published: 10/15/2018 Effective: 12/17/2018 No. 43350 (AMD): R357-15.Enterprise Zone Tax Credit Published: 11/15/2018 Effective: 12/24/2018 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43331 (AMD): R414-504-3.Principles of Facility Case Mix Rates and Other Payments Published: 11/15/2018 Effective: 01/01/2019 HUMAN SERVICES CHILD AND FAMILY SERVICES No. 43322 (AMD): R512-43.Adoption Assistance Published: 11/15/2018 Effective: 12/24/2018 No. 43325 (AMD): R512-306.Out-of-Home Services, Transition to Adult Living Services, Education and Training Voucher Program Published: 11/15/2018 Effective: 12/24/2018 INSURANCE ADMINISTRATION No. 43281 (NEW): R590-278.Consent Requests Under 18 USC 1033(e)(2) Published: 11/15/2018 Effective: 12/24/2018 No. 43282 (NEW): R590-279.Rule Designating Fraud Division Offices as a Secured Area Published: 11/15/2018 Effective: 12/24/2018 LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 43351 (AMD): R612-300.Workers' Compensation Rules - Medical Care Published: 11/15/2018 Effective: 01/01/2019 NATURAL RESOURCES WILDLIFE RESOURCES No. 43328 (AMD): R657-48.Wildlife Species of Concern and Habitat Designation Advisory Committee Published: 11/15/2018 Effective: 12/31/2018 PUBLIC SAFETY DRIVER LICENSE No. 43326 (NEW): R708-52.Air Pollution Mitigation Education Program Published: 11/15/2018 Effective: 12/31/2018 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43324 (AMD): R746-8.Utah Universal Public Telecommunications Service Support Fund (UUSF) Published: 11/15/2018 Effective: 12/24/2018 No. 43329 (NEW): R746-450.Procedural and Informational Requirements for Solar Resource Solicitations and Acquisitions Published: 11/15/2018 Effective: 12/24/2018 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/ . <> ----------------------------