---------------------------- Utah State Digest, Vol. 2019, No. 4 (February 15, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed January 16, 2019, 12:00 AM through February 1, 2019, 11:59 PM Volume 2019, No. 4 February 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 *********************************************** SPECIAL NOTICES Notice of Public Comment for Wildfire Exceptional Event on August 7 - September 21, 2018 - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/sn160937.htm Hearing for Regional Haze - Sulfur Dioxide Milestone Report - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/sn160938.htm Notice for March 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/2019/20190215/sn160927.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 January 16, 2019, 12:00 a.m., and February 1, 2019, 11:59 p.m. are summarized in this, the February 15, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the February 15, 2019, issue of the Utah State Bulletin until at least March 18, 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 June 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. INSURANCE ADMINISTRATION No. 43485 (Amendment): R590-102-21. Dedicated Fees. SUMMARY OF THE RULE OR CHANGE: The fee charged by the Bureau of Criminal Investigation (BCI) has decreased to $15 from $20 and the fee charged by the Federal Bureau of Investigation (FBI) has increased to $13.25 from $12. This represents a net $3.75 decrease in the Department of Insurance's (Department) fingerprinting fee for new individual resident licensees. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The funds collected through the BCI and FBI fees are pass- through monies that are collected by the Department and forwarded on to the respective bureaus. - LOCAL GOVERNMENTS: There is no anticipated cost or savings for local governments. The fee is part of the licensing procedure for new individual resident licensees and does not involve local governments. - SMALL BUSINESSES: If an individual is considered to be a small business when they are are classified as a sole proprietorship, then there is a one-time cost to those small businesses. All new individual resident licensees are required to pay both the BCI and FBI fees as part of the process for obtaining an insurance license. The total one-time fee after this rule change will be reduced from the current fee of $32 to $28.25. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: All new individual resident licensees are required to pay both the BCI and FBI fees as part of the process for obtaining an insurance license. The total one-time fee after this rule change will be reduced from the current fee of $32 to $28.25. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons will still be required to pay both the BCI and FBI fees as part of the insurance licensing process. However, after these rule changes are made effective, the cost of that fee will be decreased from the current fee of $32 to $28.25. 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: If an individual is considered to be a small business when they are are classified as a sole proprietorship, then there is a one-time cost to those small businesses. All new individual resident licensees are required to pay the fingerprint fee and be fingerprinted as part of the process for obtaining an insurance license. The total one-time fee after these rule changes will be $28.25. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: This number varies from year to year because it depends on the number of resident individuals (sole proprietors) that choose to become licensed in Utah. Based on current growth trends, the Department expects a 4% year over year growth rate, which will result in an estimated 4,229 affected businesses in fiscal year 2019. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Impacted small businesses in Utah are individuals and sole proprietors. 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 fingerprint fee charged by BCI and the FBI is decreasing by $3.75 per new individual resident licensee. The fingerprint fee is a one-time cost that is only collected when individual residents first become licensed. In fiscal year 2019, the projected savings are estimated to be $15,858.75 for the estimated 4,229 Utahns that will become licensed. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: The above analysis represents the Department's best estimate of the fiscal impact these rule amendments 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 03/18/2019 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: 03/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43485.htm No. 43486 (Amendment): R590-155. Utah Life and Health Insurance Guaranty Association Summary Document. SUMMARY OF THE RULE OR CHANGE: The Utah Life and Health Insurance Guaranty Association (ULHIGA) Disclaimer is available at the Insurance Department (Department) and on its website, and this rule is being updated to reflect this availability. The definition of the term "policy or contract holders" is being clarified to include "subscribers". Several formatting and clerical changes are being made, and the rule's severability clause is being updated. These changes to this rule are necessary due to H.B. 409, Utah Life and Health Insurance Guaranty Association Amendments, which was passed during the 2018 General Session. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. None of these rule changes include any financial component whatsoever. The ULHIGA Disclaimer is already hosted on the Department's website, so there will be no change to the Department's technology costs, and the other changes are largely clerical. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This rule governs the relationship between insurers and their insureds, and does not involve local governments. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule governs the relationship between insurers and their insureds, and has no required action on the part of small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. Insurers that are required to send out the ULHIGA Disclaimer already do so, and the other changes are largely clerical. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. Insurers that are required to send out the ULHIGA Disclaimer already do so, and the other changes are largely clerical. 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 changes will not result in fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2019 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: 03/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43486.htm NATURAL RESOURCES PARKS AND RECREATION No. 43497 (Amendment): R651-206. Carrying Passengers for Hire. SUMMARY OF THE RULE OR CHANGE: The Division's proctored guide tests are located at every college campus in Utah and several outside the state are frequently failing to be administered due to database crashes. The Division has resorted to sending paper copies in order to keep the process limping along. The Division has become less efficient and has been asked for years by the Department of Natural Resources and constituents to simplify the way the Division does business in the commercial boating world without losing the commercial standard of safety on the water. The rule amendment transfers the responsibility of guide authorizations onto the outfitter and removes the obligation of issuing a guides license and administered proctored test from the Division. It also includes a requirement for referencing national advanced first aid and CPR course educational standards. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In FY 2018, the Division was at a net loss of approximately $4,418.60. Guide licensing revenue generated approximately $29,500. Expenses totaled approximately $33,918.66. $33,918.66 - $29,500 = $4,418.60 loss. The elimination of state issued testing and guide licensing altogether should provide a net gain of approximately $4,418.60. This is an estimate based on the number of new and existing guides seeking additional endorsements, or renewals to their guide license. These rule changes will eliminate guide licensing and is expected to decrease the cost of maintaining the CPFH program by an estimated $2,209.30 for half of FY 2019, and $4,418.60 for FY 2020 and FY 2021. - LOCAL GOVERNMENTS: No local governments costs are known. This is for guides licensed by the state of Utah and does not affect local governments. - SMALL BUSINESSES: In FY 2018, there were 581 guides that applied for a guide license. Licenses cost $50 per applicant. $50 x 581 = $29,050. The Division estimates 50% of companies pay the fee for the guide license. $29,050 divided by 2 = $14,525. Prior to this rule change, the fiscal cost was $14,525. With these rule changes, the anticipated fiscal benefit will be approximately $7,262.50 for half of FY 2019, and $14,525 for FY 2020 and FY 2021. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In FY 2018, there were 581 guides that applied for a guide license. Licenses cost $50 per applicant. 581 guides applied. $50 x 581 = $29,050. The Division estimate 50% of companies pay the fee for the guide license. $29,050 divided by 2 = $14,525. Also, on average, a guide will spend 30 minutes and travel 20 miles to test at a testing center at 0.37 cents a mile. 20 x 0.37 = 7.40 x 581 = $4,299.40 + $14,525 = $18,824.40. 25% of guides spend $10 on an additional endorsement. 581 divided by 4 = 145.25 x $10 = $1,452.50 + $18,824.40 = $20,276.90. With these rule changes, the anticipated fiscal benefit will be approximately $10,138.45 for FY 2019, and $20,276.90 for FY 2020 and 2021. With these rule changes, the anticipated total fiscal benefit will be approximately $19,610.25 for half of FY 2019, and $39,220.25 for FY2020 and FY 2021. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons could be as follows: In FY 2018, there were 581 guides that applied for a guide license. Licenses cost $50 per applicant. 581 guides applied. $50 x 581 =$29,050. The Division estimates 50% of companies pay the fee for the guide license. $29,050 divided by 2 = $14,525. Also, on average, a guide will spend 30 minutes and travel 20 miles to test at a testing center at 0.37 cents a mile. 20 x 0.37 = 7.40 x 581 = $4,299.40 + $14,525 = $18,824.40. 25% of guides spend $10 on an additional endorsement. 581 divided by 4 = 145.25 x $10 = $1,452.50 + $18,824.40 = $20,276.90. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses have asked for these changes in this rule and are supportive. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2019 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: 03/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43497.htm WILDLIFE RESOURCES No. 43491 (Amendment): R657-22. Commercial Hunting Areas. SUMMARY OF THE RULE OR CHANGE: The revisions to this rule include: 1) allowing the use of digital maps; 2) increasing acreage cap from 3 square miles to 9 square miles; 3) reducing the required signage interval from every 300 feet to every 300 yards; 4) removing the contiguous tracts requirement and allowing for tract minimums of 180 acres; 5) removing season extension provision; 6) removing application dates and allowing for rolling applications; 7) adjusting shooting hours to be consistent with other resident game bird restrictions; 8) adding Avian Influenza and Mycoplasma to the list of disease testing; 9) adjusting reporting requirements, simplifying the process; and 10) making technical wording corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments only clarify existing requirements and streamline processes. Therefore, the Division of Wildlife Resources (Division) has determined that these amendments will not create any cost or savings impact to the state budget or the Division's budget, since changes will not increase workload and can be carried out with the existing budget. - LOCAL GOVERNMENTS: These amendments only clarify existing requirements and streamline processes. This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These amendments only clarify existing requirements and streamline processes. Therefore, this rule does not impose any additional financial requirements on small businesses, nor generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments only clarify existing requirements and streamline processes. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendment only clarify existing requirements and streamline processes. The Division has determined that there are no additional compliance costs associated with these amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that 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 03/18/2019 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: 03/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43491.htm No. 43492 (Amendment): R657-33. Taking Bear. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) allow for the issuance of bear control permits to landowners, lessees or their designee in situations where chronic crop depredation is occurring; 2) allow for the use of crossbows and airguns for the taking of bear; 3) clarify bait placement language; 4) modify requirement to allow additional employees to check and tag a bear; 5) require exact location of kill when a bear is checked in; and 6) make technical corrections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments clarify language and allow for additional weapons already in use for other species. The Division has determined that these amendments do not create a cost or savings impact to the state budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since these amendments only add weapon clarification for airguns and makes language clarifications, this filing does not create any direct cost or savings impact to any local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Since these amendments allow for increased opportunity with the use of airguns, do not remove opportunity from those wishing to hunt black bears in Utah, and clarify existing language, the Division feels this filing will not generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since these amendments allow for increased opportunity with the use of airguns, do not remove opportunity from those wishing to hunt black bears in Utah, and clarify existing language, the Division feels this filing will not generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division has determined that these amendments do not create additional costs for sportsmen wishing to harvest bear 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 03/18/2019 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: 03/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43492.htm TRANSPORTATION ADMINISTRATION No. 43490 (Repeal and Reenact): R907-66. Incorporation and Use of Federal Acquisition Regulations on Federal-Aid and State-Financed Transportation Projects. SUMMARY OF THE RULE OR CHANGE: This rule is being repealed and reenacted. Several subsections are reordered and renumbered. The catchline of this rule changes from "Incorporation and Use of Federal Acquisition Regulations on Federal-Aid and State-Financed Transportation Projects" to "Procurement of Consultant Services, Procedures and Contract Administration". The substance of the reenacted rule replaces similar provisions of administrative rules under Title R33 and applies only to the Department to authorize procuring design professional, engineering, and engineering-related services. The reenacted rule accommodates how the Department functions better than similar provisions of Title R33 does. This proposed change to Rule R907-66 includes references to the Department's Consultant Services Manual of Instruction, project-specific solicitations, and other guidance from the Consultant Services Division. Title R33 (Division of Purchasing and General Services) is generic and intended to apply to all state agencies and political subdivisions and does not work well with many of the Department's specialized procurement functions and processes. Title R33 also does not incorporate the federal regulations the Department must follow on projects for which federal aid funding requirements apply. This rule reenactment changes the purpose of this rule from adopting federal cost principles to qualifications-based consultant selection for design, engineering and engineering-related services and moves the cost principle adoption to subsequent sections and updates federal cost principle references to 2 CFR 200 Subpart E Grants and Agreements, Cost Principles; and adds several definitions, including a definition that incorporates the federal definition of engineering and design related services, which requires the services to result in a construction project and the state definition of design professional services, which do not require the services result in a construction project. The Department will perform qualifications-based selection for services that fall under either definition following both state and federal qualifications-based selection processes. A section is added to define what services fall within the state's definition of other professional services as may be necessary to the planning, progress, and completion of any engineering services. This definition adds grant writing, asset management, transportation research, prototype development, technology transfer, project-related public involvement, right of way acquisition services, or other services as deemed necessary by the Department to coverage of this rule. Revises the Small Purchase Cap Section: This section aligns the Department's small purchase cap with the federal simplified acquisition threshold, which is set at $250,000 by federal regulation. Sections are added to the Small Purchase Cap regarding the Department establishment of pools of qualified consultants. A deadline is added to the requirement for consultants to submit updated Financial Screening Applications. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate this proposed repeal and reenactment will have any tangible, estimable, or material fiscal impact on the state's budget because it only changes the Department's procedure for procuring professional design, engineering, and related services. - LOCAL GOVERNMENTS: The Department does not anticipate any local government in Utah will experience a material fiscal impact resulting from this proposed repeal and reenactment because this rule only applies to the Department and firms from which it procures services. - SMALL BUSINESSES: This proposed repeal and reenactment does not require anything of third party contractors, small or non-small, that might negatively impact their budgets or relieve them of any responsibilities that might lead to savings to their budgets because it only changes the Department's procedure for procuring professional design, engineering, and related services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate this proposed repeal and reenactment will lead to any fiscal impact to persons other than businesses and local governments because it does not require anything additional from the public or business in general or relieve them of any responsibilities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate there will be any compliance costs for persons affected by this repeal and reenactment of Rule R907-66 because it only changes the Department's procedure for procuring professional design, engineering, and related services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This repeal and reenactment of Rule R907-66 will not cause any 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 03/18/2019 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: 03/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43490.htm OPERATIONS, MAINTENANCE No. 43489 (Amendment): R918-4. Using Volunteer Groups and Third Party Contractors for the Adopt-a-Highway and Sponsor-a-Highway Litter Pickup Programs. SUMMARY OF THE RULE OR CHANGE: These proposed amendments allow the Department to provide an application form, or agreement, to formalize the terms and conditions of those participating in the programs regulated by this rule. This changes the procedures participants follow when returning loaned safety equipment to the Department and when they find items that appear suspicious or unsafe, i.e., syringes, drug paraphernalia, or closed containers. These amendments also make several technical changes to this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that these proposed amendments will have any tangible, estimable, or material fiscal impact on the state's budget because they only make minor changes to the procedures the Department follows when dealing with volunteer groups and third-party contractors doing litter pickup along state highways. - LOCAL GOVERNMENTS: The Department does not anticipate any local government in Utah will experience a material fiscal impact resulting from these proposed amendments because they do not require anything additional from local governments or relieve them of any responsibilities. - SMALL BUSINESSES: The Department does not anticipate that these proposed amendments will lead to any fiscal impact to the budgets of small businesses because they do not require anything of third-party contractors that might negatively impact their budgets or relieve third- party contractors of any responsibilities that might lead to savings to their budgets. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that these proposed amendments will lead to any fiscal impact to persons other than businesses and local governments because they do not require anything additional from the public or business in general or relieve them of any responsibilities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any business, local government, or other person affected by these proposed rule changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments will not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2019 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: 03/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43489.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends March 18, 2019. From the end of the 30-day waiting period through June 15, 2019, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43189 (Change in Proposed Rule): R156-28. Veterinary Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-28-102, these proposed amendments define what "working under" means with regards to unlicensed assistive personnel. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the October 1, 2018, issue of the Utah State Bulletin, on page 7. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Occupational and Professional Licensing (Division) estimates that there will be no impact on the state budget from any of these additional proposed amendments because these amendments only conform this rule to existing practice except for those costs already identified in the original amended filing in the October 1, 2018, Bulletin. - LOCAL GOVERNMENTS: The Division estimates that there will be no impact on local governments from any of these additional proposed amendments because these amendments only conform this rule to existing practice. - SMALL BUSINESSES: The additional amendments in Section R156-28-102 define "working under" and will affect licensed veterinarians and the individuals working under them, which may indirectly affect the 223 small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to small businesses from these additional amendments because these amendments only conform this rule to existing practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The additional amendments in Section R156-28-102 define "working under" and will affect licensed veterinarians and the individuals working under them. However, the Division estimates that there will be no impact on these other persons from these amendments, because these amendments only conform this rule to existing practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: The additional amendments in Section R156-28-102 define "working under" and will affect a licensed veterinarian and an individual working under a licensed veterinarian. However, the Division estimates that there will be no compliance costs for these affected persons from these additional proposed amendments because these amendments only conform this rule to existing practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Based on recommendations by the Veterinarians Licensing Board, these proposed amendments provide a necessary definition of "working under" and clarify how unlicensed assistive personnel can work and be supervised by licensed veterinarians. Small Business: The additional amendments in Section R156-28-102 will affect licensed veterinarians and the individuals working under them, which may indirectly affect the 223 small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to small businesses from these amendments, because these amendments only conform this rule to existing practice. Non-small businesses: Similarly, the Section R156-28-102 amendments that define "working under" will affect licensed veterinarians and the individuals working under them, which may indirectly affect the four non-small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to non-small businesses from these amendments, because these amendments only conform this rule to existing practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 02/20/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Investigations Conference Room, first floor, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 03/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43189.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. HEALTH ADMINISTRATION No. 43487 (5-year Review): R380-70. Standards for Electronic Exchange of Clinical Health Information. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides a means for the Department to coordinate information exchange between healthcare providers, third party payers, and laboratories. The standards identified by this rule form an information infrastructure in which health care organizations, payers, providers, and laboratories can exchange information to support individual, public, and population health. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Duncan by phone at 801-538-7023, by FAX at 801-538-7012, or by Internet E-mail at jduncan@utah.gov EFFECTIVE: 01/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43487.htm HUMAN SERVICES ADMINISTRATION No. 43496 (5-year Review): R495-882. Termination of Parental Rights. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule which provides information regarding ORS's enforcement of a child support obligation that is assigned to the state when a child is placed in the care or custody of the state, or with an individual other than the parent for at least 30 days. This rule further explains that ORS will continue to collect child support that is payable to the state that accrued up to the point that the parental rights were terminated for a child who was in the care or custody of the state. 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: 02/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43496.htm LIEUTENANT GOVERNOR ELECTIONS No. 43493 (5-year Review): R623-1. Lieutenant Governor's Procedure for Regulation of Lobbyist Activities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Lobbyists must be licensed by the state, and this administrative rule provides for the procedure to obtain a license and penalties for failure to comply with procedures. This rule also outlines an adjudication process if a lobbyist allegedly violates regulated activities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Derek Brenchley by phone at 801-538-1041, or by Internet E-mail at dbrenchley@utah.gov EFFECTIVE: 01/28/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43493.htm No. 43494 (5-year Review): R623-2. Uniform Ballot Counting Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In addition to meeting requirements of federal law, this rule provides uniform standards for election officials throughout the state to process ballots. Uniformity ensures that ballots are correctly counted and that voter's rights are not impinged. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Derek Brenchley by phone at 801-538-1041, or by Internet E-mail at dbrenchley@utah.gov EFFECTIVE: 01/28/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43494.htm No. 43495 (5-year Review): R623-3. Utah State Plan on Election Reform. 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 meant to incorporate by reference the policies and procedures of the Utah State Plan on Election Reform adopted by the State Plan Committee on 11/08/2004. This plan is required by federal law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Derek Brenchley by phone at 801-538-1041, or by Internet E-mail at dbrenchley@utah.gov EFFECTIVE: 01/28/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43495.htm NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Review Extension (Extension) with the Office of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). GOVERNOR ECONOMIC DEVELOPMENT No. 43488 (Five-Year Extension): R357-7. Utah Capital Investment Board. EXTENSION REASON: The agency needs more time to review whether or not this rule is still needed. The new deadline is 05/24/2019. DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov EFFECTIVE: 01/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190215/43488.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES FINANCE No. 43404 (AMD): R25-10.State Entities' Posting of Financial Information to the Utah Public Finance Website Published: 12/15/2018 Effective: 01/23/2019 COMMERCE REAL ESTATE No. 43407 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 12/15/2018 Effective: 01/23/2019 GOVERNOR ENERGY DEVELOPMENT (OFFICE OF) No. 43419 (NEW): R362-5.Commercial Property Assessed Clean Energy (C- PACE) Administrative Rules Published: 12/15/2018 Effective: 01/23/2019 HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43321 (AMD): R426-9.Trauma and EMS System Facility Designations Published: 11/15/2018 Effective: 01/18/2019 HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 43330 (AMD): R501-1.General Provisions for Licensing Published: 11/15/2018 Effective: 01/17/2019 No. 43234 (AMD): R501-8.Outdoor Youth Programs Published: 11/01/2018 Effective: 01/17/2019 SUBSTANCE ABUSE AND MENTAL HEALTH No. 43141 (AMD): R523-5.Peer Support Specialist Training and Certification Published: 09/01/2018 Effective: 01/29/2019 No. 43141 (CPR): R523-5.Peer Support Specialist Training and Certification Published: 12/15/2018 Effective: 01/29/2019 No. 43355 (NEW): R523-19.Community Mental Health Crisis and Suicide Prevention Training Grant Standards Published: 12/01/2018 Effective: 01/29/2019 NATURAL RESOURCES PARKS AND RECREATION No. 43416 (AMD): R651-301.State Recreation Fiscal Assistance Programs Published: 12/15/2018 Effective: 01/24/2019 No. 43415 (AMD): R651-406.Off-Highway Vehicle Registration Fees Published: 12/15/2018 Effective: 01/24/2019 WILDLIFE RESOURCES No. 43414 (AMD): R657-11.Taking Furbearers and Trapping Published: 12/15/2018 Effective: 01/24/2019 No. 43420 (AMD): R657-13.Taking Fish and Crayfish Published: 12/15/2018 Effective: 01/24/2019 14. 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/ . <> ----------------------------