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Utah State Digest, Vol. 2019, No. 6 (March 15, 2019)

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UTAH STATE DIGEST
Summary of the Contents of the Utah State Bulletin


For information filed February 16, 2019, 12:00 AM through March 1, 2019, 
11:59 PM


Volume 2019, No. 6
March 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
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SPECIAL NOTICES

Notice for April 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/2019/20190315/sn160982.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 February 16, 2019, 12:00 a.m., and March 1, 
2019, 11:59 p.m. are summarized in this, the March 15, 2019, issue of the 
Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the March 15, 2019, issue of the Utah State Bulletin until 
at least April 15, 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 July 13, 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. 43542 (Amendment): R156-55e. Elevator Mechanics Licensing Rule.
SUMMARY OF THE RULE OR CHANGE:  In Sections R156-55e-102, R156-55e-302a, 
and R156-55e-302b, these proposed nonsubstantive changes update citations 
and make minor typographical corrections.  In Section R156-55e-302c, this 
proposed amendment extends the expiration date of a temporary elevator 
mechanic license from 90 days to 180 days, to allow a temporary mechanic 
to perform the work of erecting, constructing, installing, altering, 
servicing, maintaining, or repairing an elevator during times when there 
is a shortage of licensed elevator mechanics.  This section also provides 
an extension date for a renewal of the temporary mechanics license from 
90 days to 180 days making it possible to be licensed for up to one year 
as a temporary elevator mechanic.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The proposed amendment to Section R156-55e-302c will 
have a minimal fiscal impact to the state.  There will be approximately 
10 temporary elevator mechanic applications processed in the first fiscal 
year by the Division of Occupational and Professional Licensing 
(Division), with approximately 5 per subsequent fiscal years.  This will 
result in a cost of approximately $300 in FY20 for 5 hours of license 
application processing time at $30/hour and approximately $150 for FY21 
and all subsequent fiscal years.  There will also be a minimal cost to 
the Division of approximately $75 to print and distribute this rule once 
these proposed amendments are made effective.  Costs will be offset by 
the Division charging a fee of $50 per application resulting in 
approximately $500 in FY20 and approximately $250 for FY21 and all 
subsequent fiscal years.  These proposed amendments may also result in 
indirect fiscal and non-fiscal benefits to state entities that hire 
elevator contractors for elevator work, as they may experience cost 
saving impacts from having additional licensees available to perform the 
work.  However, the exact indirect impacts cannot be estimated because 
any benefits experienced will vary widely depending on agency 
requirements.
- LOCAL GOVERNMENTS:  The proposed amendment to Section R156-55e-302c is 
not expected to directly impact local governments' revenues or 
expenditures because the amendment only extend the expiration date of the 
temporary mechanic license, and local governments neither enforce nor are 
affected by these time frames and application processes.  These proposed 
amendments may also result in indirect fiscal and non-fiscal benefits to 
local government entities that hire elevator contractors for elevator 
work, as they may experience cost saving impacts from having additional 
licensees available to perform the work.  However, the exact indirect 
impacts cannot be estimated because any benefits experienced will vary 
widely depending on local government requirements.
- SMALL BUSINESSES:  The proposed amendment to Section R156-55e-302c is 
expected to cause small businesses who hire elevator contractors for 
elevator work within their commercial construction projects (NAICS 
236220) to experience cost saving impacts on their business projects by 
having additional licensees available to perform the work.  The Division 
estimates that this could result in a fiscal benefit for approximately 
400 small business commercial contractors throughout the industry.  The 
full fiscal impact on these small businesses cannot be estimated because 
the benefits that they may experience from increased workforce employment 
will vary widely depending on the requirements of the businesses and the 
individual characteristics of each employed licensee.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendment to Section R156-55e-302c is expected to 
create a fiscal benefit for individuals who will be able to obtain a 
temporary elevator mechanic license as they work toward the experience 
requirement for full licensure as an elevator mechanic.  This will 
include elevator technicians who have a minimum of 3,550 hours of 
experience, but less than the 6,000 hours of experience required to apply 
for full licensure.  This proposed amendment will also create a fiscal 
benefit for individuals who are able to obtain employment as a licensed 
temporary elevator mechanic and earn wages approximately $9/hour higher 
than a laborer's wages in the same profession.  The elevator industry 
estimates that there will be approximately 10 to 12 active temporary 
elevator mechanic's licensees at any given time.  The full benefits these 
other persons will experience from increased employment opportunities are 
inestimable as the beneficial impact will vary widely depending on the 
requirements of their employers and the individual characteristics of 
each licensee.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  These proposed amendments are not 
expected to impose compliance costs upon any affected persons because it 
only extends the expiration date of the temporary elevator mechanic 
license.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These amendments will extend the expiration date for a 
temporary elevator mechanic license to allow temporary mechanics to 
perform the work of erecting, constructing, installing, altering, 
servicing, maintaining, or repairing elevators during peak construction 
times when there is a shortage of licensed elevator mechanics.  These 
amendments are recommended by the Construction Services Commission in 
collaboration with representatives from the elevator industry.  In 
Sections R156-55e-102, R156-55e-302a, and R156-55e-302b, these proposed 
nonsubstantive changes update citations and make minor typographical 
corrections.  In Section R156-55e-302c, these proposed amendments extend 
the expiration date of a temporary elevator mechanic license from 90 days 
to 180 days, to allow a temporary mechanic to perform the work of 
erecting, constructing, installing, altering, servicing, maintaining, or 
repairing an elevator during times when there is a shortage of licensed 
elevator mechanics.  This section also provides an extension date for a 
renewal of the temporary mechanics license from 90 days to 180 days 
making it possible to be licensed for up to one year as a temporary 
elevator mechanic.  Small Businesses:  These proposed amendments to 
Section R156-55e-302c are expected to cause small businesses who hire 
elevator contractors for elevator work within their commercial 
construction projects (NAICS 236220) to experience cost saving impacts on 
their business projects by having additional licensees available to 
perform the work.  The Division estimates that this could result in a 
fiscal benefit for approximately 400 small business commercial 
contractors throughout the industry.  The full fiscal impact on these 
small businesses cannot be estimated because the benefits that they may 
experience from increased workforce employment will vary widely depending 
on the requirements of the businesses and the individual characteristics 
of each employed licensee.  Non-small Businesses:  These proposed 
amendments to Section R156-55e-302c will impact any non-small businesses 
such as elevator contractors or installers (NAICS 238211) who may seek to 
employ temporary elevator mechanics to increase their workforce.  Based 
upon input from the elevator industry, the Division estimates that there 
are approximately 11 non-small businesses who may seek to employ 
temporary elevator mechanics while there is a shortage of licensed 
elevator mechanics during construction peaks.  These amendments may 
impact non-small businesses revenues or expenditures based upon hiring 
practices.  Additionally, non-small businesses who hire elevator 
contractors for elevator erecting, constructing, installing, altering, 
servicing, maintaining, or repairing within their commercial construction 
projects (NAICS 236220) may experience cost saving impacts with 
additional licensees available to perform the work.  The Division 
estimates that this may apply to the approximately 150 non-small business 
commercial contractors throughout the industry.  The full fiscal and non-
fiscal benefits for these non-small businesses cannot be estimated 
because the impacts that non-small businesses may experience from 
increased workforce employment will vary widely depending on the 
requirements of the non-small businesses and the individual 
characteristics of each licensed employee.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING 
WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2019
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Robyn Barkdull by phone at 801-530-6727, by FAX at 801-530-6511, or by 
Internet E-mail at rbarkdull@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 03/27/2019 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:  04/22/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43542.htm



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 43536 (Amendment): R414-49. Dental, Oral and Maxillofacial Surgeons 
and Orthodontia.
SUMMARY OF THE RULE OR CHANGE:  These amendments define the scope of 
dental services available to members under the Early and Periodic 
Screening, Diagnostic and Treatment (EPSDT) program.  They also define 
the scope of dental services available to pregnant members, blind or 
disabled members, and includes provisions for Targeted Adult Medicaid 
(TAM) members who receive treatment in a substance abuse treatment 
program.  This rule text also includes provisions for emergency dental.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is an expected cost of $3,194,171 through 
State Fiscal Year (SFY) 2021, with the expansion of dental services to 
certain adults in the Medicaid program.
- LOCAL GOVERNMENTS:  There is no impact on local governments because 
they neither fund nor provide dental services under the Medicaid program.
- SMALL BUSINESSES:  Small businesses may see a share of revenue up to 
$3,194,171 through SFY 2021, with the expansion of dental services to 
certain adults in the Medicaid program.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Medicaid providers may see a share of revenue up to $3,194,171 
through SFY 2021, with the expansion of dental services to certain adults 
in the Medicaid program.  Likewise, Medicaid members who become eligible 
for these services may see out-of-pocket savings based on that amount.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs to 
a single Medicaid provider or to a Medicaid member because these changes 
can only result in increased revenue and out-of-pocket savings.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Businesses will see an increase in revenue with the expanded 
availability of adult dental services.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING 
WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2019
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:  04/22/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43536.htm


CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS
No. 43544 (Amendment): R428-1. Health Data Plan and Incorporated 
Documents.
SUMMARY OF THE RULE OR CHANGE:  The amendment makes one technical change 
explained in summary below; clarifies Version 2.1 of Utah Healthcare 
Facility Data Submission Guide should be used by all facility submitters 
for data submissions going forward.  All facilities that generate 
emergency department encounters shall submit all data--ambulatory 
surgery, inpatient, and emergency department encounter data--following 
the monthly schedule outlined in this rule.  In sum, each monthly 
submission of emergency department data will contain two months of data: 
a new month and an old month.  The new month will be the first submission 
of that month's data.  For this data, the facility will have had 15 days 
to clean-up and submit the data.  The old month will be a resubmission of 
the prior month's data.  The old data will have had 45-days for clean-up 
and submission.  This should ensure that the final monthly data are 
consistent with the quarterly processing data.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule change is not expected to have any fiscal 
impact on state government revenues or expenditures because it only 
clarifies the version of Data Submitter Guide (DSG) expected for use by 
data submitters to Utah's Health Care Facility Database.  The Utah 
Department of Health (Department) has determined enactment of the amended 
version will not create any cost or savings impact to the state budget or 
the Department's budget, since the change will not increase workload and 
can be carried out with existing budget.
- LOCAL GOVERNMENTS:  This rule change is not expected to have any fiscal 
impact on local governments' revenues or expenditures 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:  This rule change is not expected to have any fiscal 
impact on small businesses' revenues or expenditures because all 
potentially impacted have more than 50 employees.  As a result, this rule 
will have no effect on small businesses budgets for costs or savings.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Some data suppliers will need to program changes to their 
system in order to be consistent with the updated guidelines.  According 
to our research, some suppliers may incur cost while others report $0 as 
an estimate for compliance.  Overall, the Department estimates a one-time 
compliance cost of $4,300 per impacted facility submitter (approximately 
49 man hours x DTS approved rate of $88 per hour) to comply with proposed 
Facility DSG 2.1.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department anticipates that 
some facilities will need to make programming changes to implement the 
additional flexibility and clarifications.  Based on figures reported 
under other persons above and current submission roster, the Department 
estimates an industry cost of $69,000 (16 submitters x $4,300) to comply 
with proposed Facility DSG 2.1.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The proposed amendment clarifies that Version 2.1 of Utah 
Healthcare Facility Data Submission Guide should be used by all facility 
submitters, including those facilities that generate emergency department 
encounters.  Some facilities will need to make programming changes to 
their system in order to be consistent with updated guidelines which is 
estimated to be a one-time cost of $4,300.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING 
WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2019
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by 
Internet E-mail at mikemartin@utah.gov
- Norman Thurston by phone at 801-538-7052, by FAX at 801-237-0787, or by 
Internet E-mail at nthurston@utah.gov
- Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at 
stephaniesaperstein@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/22/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43544.htm



HUMAN SERVICES
SUBSTANCE ABUSE AND MENTAL HEALTH
No. 43555 (Amendment): R523-17. Behavioral Health Crisis Response Systems 
Standards.
SUMMARY OF THE RULE OR CHANGE:  These amendments:  1) make grammatical 
corrections; 2) remove often repeated phrases that do not add clarity; 3) 
add that a properly supervised individual who is within three months of 
taking a Certified Crisis Worker training is able to answer calls on the 
crisis line; and 4) the revocation section has been changed to 
"Corrective Action", and the processes and actions adopted have been 
changed to align with the current practices and actions on other 
certifications overseen by the Division of Substance Abuse and Mental 
Health (Division).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no additional costs to the state budget 
above and beyond those stated in the creation of this rule.  These 
changes clean up language to make this rule easier to understand, and add 
a programmatic allowance that will not increase costs, but allow greater 
flexibility in meeting the requirements of the entire rule.
- LOCAL GOVERNMENTS:  There are no additional costs to local governments 
above and beyond those stated in the creation of this rule.  These 
changes clean up language to make this rule easier to understand, and add 
a programmatic allowance that will not increase costs, but allow greater 
flexibility in meeting the requirements of the entire rule.
- SMALL BUSINESSES:  It is anticipated that no small businesses will 
participate in the certification or development of a crisis line as 
described in this rule.  This rule mostly effects local governments, 
employees of local governments, and possibly businesses contracted with 
local governments to provided substance use and/or mental health 
treatment services (none of which are small businesses at this time).
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no additional costs to other persons above and beyond 
those stated in the creation of this rule.  These changes clean up 
language to make this rule easier to understand, and add a programmatic 
allowance that will not increase costs, but allow greater flexibility in 
meeting the requirements of the entire rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no additional 
compliance costs other than those already stated in the creation of this 
rule.  These changes clean up language to make this rule easier to 
understand, and add a programmatic allowance that will not increase 
costs, but allow greater flexibility in meeting the requirements of the 
entire rule.
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 rule changes will result in no fiscal impact to businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING 
WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2019
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by 
Internet E-mail at jshaw@utah.gov
- Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by 
Internet E-mail at tdunford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/22/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43555.htm

No. 43554 (Amendment): R523-18. Mobile Crisis Outreach Teams 
Certification Standards.
SUMMARY OF THE RULE OR CHANGE:  These amendments:  1) make grammatical 
corrections; 2) add the purpose of awarding grants for suicide prevention 
training offered to LMHAs; 3) add zero suicides standards to requirements 
of Mobile Crisis Outreach Teams (MCOT) seeking certification; 4) add an 
option for the Division of Substance Abuse and Mental Health (Division) 
to wave certain requirements and still certify an MCOT; and 5) change the 
title of the revocation section to "Corrective Action", and align all 
corrective actions in this rule with the processes and requirements 
currently implemented for all publicly funded contract monitoring visits 
and corrective actions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no additional costs to the state budget 
above and beyond those stated in the creation of this rule.  These 
changes clean up language to make this rule easier to understand, and add 
a programmatic allowance that will not increase cost, but allows greater 
flexibility in meeting the requirements of the entire rule.
- LOCAL GOVERNMENTS:  There are no additional costs to local governments 
above and beyond those stated in the creation of this rule.  These 
changes clean up language to make this rule easier to understand and add 
a programmatic allowance that will not increase cost, but allows greater 
flexibility in meeting the requirements of the entire rule.
- SMALL BUSINESSES:  It is anticipated that no small businesses will 
participate in the certification of MCOTs as described in this rule.  
This rule mostly effects local governments and employees of local 
governments.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no costs to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no additional 
compliance costs other than those already stated in the creation of this 
rule.  These changes clean up language to make this rule easier to 
understand and add a programmatic allowance that will not increase cost, 
but allow for greater flexibility in meeting the requirements of the 
entire rule.
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 rule changes will result in no fiscal impact to businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING 
WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2019
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by 
Internet E-mail at jshaw@utah.gov
- Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by 
Internet E-mail at tdunford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/22/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43554.htm



INSURANCE
ADMINISTRATION
No. 43561 (New Rule): R590-280. Counting Short-Term Funds.
SUMMARY OF THE RULE OR CHANGE:  Businesses that take out Small Business 
Administration (SBA) loans sometimes must wait months for their loans to 
fund.  To obtain capital during the waiting period, those businesses take 
out bridge loans that they pay off when the SBA loans are funded.  This 
rule allows insurers to make those bridge loans if:  1)  the insurers 
meet certain financial stability requirements; and 2) their loans are 
adequately secured, do not exceed certain thresholds, and last no longer 
than 150 days.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  This rule permits insurance companies to take out certain short-
term loans at their discretion and does not have any fiscal tie to the 
state.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
governments.  This rule permits insurance companies to take out certain 
short-term loans at their discretion, and does not have any fiscal tie to 
local governments.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  While this rule permits insurance companies to take out 
certain short-term loans at their discretion, no insurance companies in 
Utah employ fewer than 50 persons.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The short-term loans carry competitive interest rates and 
appear to be profitable for insurers.  The amount of savings/earnings 
from issuing those loans depends on their terms and the financial 
circumstances of individual insurers/lenders.  Therefore, it is 
impossible to quantify the financial benefit of allowing insurers to make 
short-term loan investments.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
any affected persons.  This rule allows insurance companies to take out 
certain short-term loans at their discretion, but does not require it.
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 04/15/2019
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:  04/22/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43561.htm



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 43550 (Amendment): R746-8-301. Calculation and Application of UUSF 
Surcharge.
SUMMARY OF THE RULE OR CHANGE:  This amendment increases the monthly UUSF 
surcharge from $0.36 to $0.60 per access line.  This amendment makes only 
three textual edits, revising the rule's three references to the $0.36 
surcharge to reflect the new $0.60 surcharge.  As explained in the 
response above, the increase in the surcharge is necessary to match 
monthly contributions to the UUSF with the increased monthly 
disbursements stemming from changes S.B. 130 made to the UUSF program.  
The PSC anticipates making this rule amendment effective on 05/01/2019.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Not affected except to the extent state agencies are 
billed for access lines and will pay the increased surcharge.  The PSC 
and the Division of Public Utilities have been administering the UUSF for 
many years and have the budget to continue doing so.  The change in the 
surcharge amount will not have a fiscal impact on the state budget.
- LOCAL GOVERNMENTS:  Not affected except to the extent local governments 
are billed for access lines and will pay the increased surcharge.  Local 
governments are not required to comply with or enforce the rules through 
which the UUSF is funded.  No fiscal impact to local governments is 
anticipated.
- SMALL BUSINESSES:  Affected--Small businesses that provide access lines 
will be required to make minor adjustments to their billing in order to 
collect the increased surcharge.  However, such costs should be nominal 
insofar as such small businesses are presently collecting the monthly 
surcharge.  That is, the mechanisms for collecting the surcharge should 
already be in place and this amendment should only require a simple 
adjustment to the amount the mechanism collects.  The PSC anticipates 
this change will not impose a meaningful fiscal burden on such 
businesses.  Additionally, small businesses that are billed for access 
lines will, like all other customers, be subject to the increased 
surcharge as explained in greater detail under other persons.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Affected--All customers who are billed for an access line 
presently pay $0.36 per month per access line for the UUSF surcharge.  
Under the new $0.60 rate, all such customers will pay $0.24 more per 
month per access line.  Presently, an average of 3,084,787 access lines 
are assessed the surcharge every month.  At the current rate, this 
results in approximately $1,110,523 being collected from such customers 
to fund the UUSF on a monthly basis.  Under the new rate, these customers 
will cumulatively pay approximately $1,850,872 per month, generating 
approximately $740,349 more than the current rate to fund the UUSF.  The 
PSC presently does not have access to the commercially sensitive 
information that would be necessary to determine what portion of the 
access lines paying the surcharge are small businesses, larger 
businesses, or individuals.  However, the increase should affect all 
customers and customer classes equally on a per access line basis.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  To comply, affected persons must 
increase the amount they presently collect from their customers for the 
UUSF surcharge.  The associated costs will vary and cannot be precisely 
anticipated, but the PSC expects they will be nominal because affected 
persons should already have mechanisms in place to collect the monthly 
surcharge on an access line basis.  Additionally, as discussed under 
other persons above, all customers will incur an increased cost of $0.24 
per month per access line to which they subscribe.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Small businesses that collect from their customers and remit 
to the PSC a monthly per-connection UUSF surcharge will need to adjust 
the amount they presently collect, which should have a nominal fiscal 
impact because the mechanisms to collect the surcharge are already 
required under the existing rule.  Small businesses that pay for access 
lines will, like all customers, pay $0.24 more per month per access line.  
While the PSC has projected the total increased costs this will impose on 
customers who pay for access lines to be approximately $740,349 per 
month, the PSC cannot presently determine what portion of this total will 
be paid by small businesses as opposed to individual customers, non-small 
businesses, or other forms of organization.  The change will affect all 
customers equally on a per access line basis, but the PSC does not know 
what portion of the total access lines paying the surcharge are 
subscribed by small businesses.  The need for this surcharge increase to 
accommodate the changes from S.B. 130 has been apparent for several 
months, and the PSC has actively been soliciting stakeholder input prior 
to filing this rule amendment.  All of that stakeholder input is 
available at this link from the PSC website:  
https://psc.utah.gov/2018/10/09/docket-no-18-999-15/.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING 
WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2019
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
THIS RULE MAY BECOME EFFECTIVE ON:  04/22/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43550.htm



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 43556 (Amendment): R986-700. Child Care Assistance.
SUMMARY OF THE RULE OR CHANGE:  The Department of Workforce Services 
(Department) administers the federal Child Care and Development Block 
Grant (CCDBG).  The CCDBG provides funds for child care assistance, or 
subsidies, to assist low-income families in paying for child care.  Child 
care assistance programs are referred to as "CC" programs.  These rule 
changes eliminate the Job Search Child Care Program and expands the 
Employment Support Child Care Program (ESCC).  Rather than providing up 
to three months of child care for job search after a job loss, ESCC 
customers will remain eligible during the remainder of their 
certification period.  ESCC reporting requirements are also reduced 
during the 12-month CC eligibility certification period to be less 
disruptive to families.  These changes allow child care coverage during 
temporary breaks in school or employment or job loss through the end of 
the re-certification period.  These rule changes clarify that child care 
subsidy does not cover additional costs such as registration fees, late 
fees, or field trips, consistent with existing Department policy and 
practice.  These rule changes clarify the procedure when one parent 
receives a subsidy on behalf of a child and the child's other parent does 
not receive a CC subsidy (the "non-applicant" parent).  This is a 
clarification to be consistent with current policy and practice.  These 
rule changes explain the procedure when a non-applicant parent pays a 
child care provider directly for their share of child care.  In that 
case, the amount paid by the non-applicant parent will be deducted from 
the provider's total charge for providing care to the child, and will not 
be deducted from the child care subsidy amount.  There is one example in 
this rule change illustrating the application of the rule.  Following are 
two additional examples:  Example 1:  The applicant parent has two 
children ages three and five.  The provider's monthly charge is $600 for 
each child or $1,200 total.  The non-applicant parent of the three-year 
old pays the provider $200 per month.  The applicant parent is solely 
responsible for the charge for the five-year old.  The provider should 
report the reduced charge of $400 for the three-year old, as that is the 
portion the applicant parent is responsible to pay.  The provider charge 
of $400 for the three-year old and $600 for the five year old ($1,000 
total) will be used in the benefit calculation when determining the 
amount of the subsidy the applicant parent qualifies for.  Example 2:  
The applicant parent has one child.  The maximum limit the subsidy will 
pay is $600.  The applicant parent has been approved for $500 subsidy 
payment and must pay a $100 copayment based on her income.  Her provider 
charges $650 for the child.  The non-applicant parent begins paying $200 
directly to the provider.  The provider reports to the Department that 
the portion the applicant parent is responsible to pay is now $450.  The 
Department subsidy payment would be reduced to $350 with the same $100 
copayment.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These proposed rule changes are not expected to have 
any fiscal impact on state government revenues or expenditures because 
any costs will be paid with funds granted to the State through the 
federal Child Care and Development Fund (CCDF).  Congress approved and 
allocated additional CCDF funds to states to be able to fully implement 
changes in CCDF regulations.  There are no additional state employees or 
resources needed to oversee these proposed rule changes.  These changes 
will not increase workload and can be carried out with existing budget.
- LOCAL GOVERNMENTS:  These proposed rule changes are not expected to 
have any fiscal impact on local governments' revenues or expenditures 
because the program is federally-funded and does not rely on local 
governments for funding, administration, or enforcement.
- SMALL BUSINESSES:  There are potentially 1,120 small businesses 
providing child care services (NAICS 624410) that could accept subsidy 
payments in Utah. It is estimated that subsidy recipients will receive an 
additional $7,460,480 annually.  Those subsidy benefits will be paid 
directly to providers for the cost of child care.  Providers include both 
small businesses and non-small businesses.  These businesses will receive 
a portion of the additional annual subsidy payments, which will result in 
increased revenues each year.  There are too many variables to separate 
the benefits between small and large businesses.  In the chart below, the 
benefit has been equally divided between small businesses and other 
persons, as child care subsidies benefit both recipients and providers.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Potentially 6,183 families who receive ESCC will benefit from 
these changes.  The direct impact is $7,460,480 annually that will 
support low-income parents to maintain their child care arrangements.  
Indirect benefits to families include continuity of care for children and 
fewer changes to report to the Department upon job loss or re-entry into 
the workforce during the certification period.  There are also 
inestimable benefits for employers of child care recipients.  Employers 
will benefit from their employees having stable child care arrangements 
and fewer interruptions such as having to reapply for child care and turn 
in income verification that could jeopardize their child care and their 
ability to maintain employment.  In the chart below, the benefit has been 
equally divided between small businesses and other persons, as child care 
subsidies benefit both recipients and providers.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  These proposed rule changes are 
not expected to cause any compliance costs for affected persons because 
these proposed rule changes do not create any new eligibility or 
administrative requirements for recipients or any other affected persons.  
These proposed rule changes simplify and reduce the reporting 
requirements for child care subsidy recipients.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After a thorough analysis, it was determined that these 
proposed rule changes will result in a positive fiscal impact to affected 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING 
WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2019
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at 
ampeck@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/01/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43556.htm


UNEMPLOYMENT INSURANCE
No. 43558 (Amendment): R994-305-801. Wage List Requirement.
SUMMARY OF THE RULE OR CHANGE:  The Department administers the State's 
Unemployment Insurance (UI) Program pursuant to Sections 35A-1-202 and 
35A-4-101 et seq.  Section 1137 of the Social Security Act (42 U.S. Code 
1320b-7(a)(3)) requires employers to submit quarterly wage reports to a 
state agency.  The Department is the designated agency for the state of 
Utah.  Subsection 35A-4-305(8)(a) requires employers to furnish the 
Department in the form as the Department may require by rule.  These 
proposed rule changes simplify and standardizes the wage list submission 
process by requiring employers to submit wage lists using the 
Department's online filing service.  Online filing is a faster and more 
secure way to report wages.  Paper submissions travel through the postal 
system and must be manually data entered by Department staff, creating 
potential security and manual data entry error risks.  The online tool 
will also automatically and accurately calculate tax liability.  In 
addition, the Department will be able to shift current resources used for 
manual data entry to more critical functions, such as employer compliance 
and overpayment collection efforts.  Requiring employers to submit wage 
lists online is consistent with the requirements of other state agencies, 
including the State Tax Commission.  The Tax Commission began requiring 
online submissions in 2015.  Pursuant to Section 59-10-406, employers 
must report the total amount of wages paid to employees in an electronic 
format approved by the Tax Commission.  Those employers are the same 
employers submitting wage lists to the Department.  The compliance impact 
of these proposed rule changes will be significantly smaller in scope 
than the Tax Commission change.  At the time the Tax Commission required 
online submission less than 50% of employers were using the online 
services.  Currently, 93% of employers are submitting wage lists to the 
Department online.  Only 7% of employers will be required to change the 
way they file their wage lists.  The change was discussed with the 
Employer Advisory Council and all agreed it would be a positive change.  
The UI division will be notifying all impacted employers and will provide 
online webinars to train those affected by this change.  Additionally, 
these rule changes require employers to report employees' full name, 
consistent with the Department's current technological capacity.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These proposed rule changes are not expected to have 
any fiscal impact on state government revenues or expenditures because 
these proposed rule changes simply create a more efficient mechanism for 
employers to submit wage lists.  Currently, fewer than 60 state agencies 
and local government entities do not file wage lists online.  Employers 
are already required to submit quarterly wage reports to the Tax 
Commission using the Commission's online filing service.  Any computer 
purchases or internet connections needed to become compliant with the Tax 
Commission can be used to meet these proposed rule changes.  It is 
unlikely that any employer will need to acquire additional internet 
access, computer hardware, or software to comply with online filing.  
There is no fee to use the online filing service to submit wage lists.
- LOCAL GOVERNMENTS:  These proposed rule changes are not expected to 
have any fiscal impact on local governments' revenues or expenditures 
because the UI program is a state-level program that does not rely on 
local governments for its funding, administration, or enforcement.  
Currently, fewer than 60 state agencies and local government entities do 
not file wage lists online.  Employers are already required to submit 
quarterly wage reports to the Tax Commission using the Commission's 
online filing service.  Any computer purchases or internet connections 
needed to become compliant with the Tax Commission can be used to meet 
these proposed rule changes.  It is unlikely that any employer will need 
to acquire additional internet access, computer hardware, or software to 
comply with online filing.  There is no fee to use the online filing 
service to submit wage lists.
- SMALL BUSINESSES:  These proposed rule changes are not expected to have 
any fiscal impact on small businesses' revenues or expenditures because 
nothing in the proposed rule changes will affect the amount of 
unemployment taxes paid by any business.  More than 90% of small business 
employers already submit wage lists online.  Currently, there are 
approximately 4,700 small business employers not filing wage lists 
online.  Employers are already required to submit quarterly wage reports 
to the Tax Commission using the Commission's online filing service.  Any 
computer purchases or internet connections needed to become compliant 
with the Tax Commission can be used to meet these proposed rule changes.  
It is unlikely that any employer will need to acquire additional internet 
access, computer hardware, or software to comply with online filing.  
There is no fee to use the online filing service to submit wage lists.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: These proposed rule changes are not expected to have any fiscal 
impact on other individuals revenues or expenditures because these 
proposed rule changes simply create a more efficient mechanism for 
employers to submit wage lists.  Nothing in these proposed rule changes 
affect or limits a claimant's substantive eligibility for UI benefits, or 
limits the duration for which those benefits may be received.  Further, 
currently employees of employers submitting quarterly wages by mail are 
having personal information (Social Security number and wages) submitted 
by their employers in an insecure way.  These proposed rule changes would 
eliminate the risk of using postal services for such personal information 
submissions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  These proposed rule changes are 
not expected to cause any compliance costs for affected persons because 
there is no fee to use the Department's online service to submit wage 
lists.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After a thorough analysis, it was determined that these 
proposed rule changes 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 04/15/2019
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at 
ampeck@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43558.htm

No. 43557 (Amendment): R994-403. Claim for Benefits.
SUMMARY OF THE RULE OR CHANGE:  The Department of Workforce Services 
(Department) administers the state's unemployment insurance program 
pursuant to Sections 35A-1-202 and 35A-4-101 et seq.  This proposed rule 
change directs unemployment insurance claimants to apply for benefits on 
the Department's website, rather than by contacting the Claims Center by 
telephone.  The proposed rule change also clarifies that applying for 
reopening of a claim can be done on the Department's website, rather than 
by contacting the Claims Center.  The Department has determined that the 
most effective and efficient mechanism for claimants to submit 
applications for benefits is through the Department's website.  
Currently, claimants who call the Claims Center to file a claim by 
telephone are directed to the Department's website.  If the claimant does 
not have a computer or internet access, the Department has over 30 
Employment Centers located across the state with computer access 
available to the public.  If a claimant is unable to report to an 
Employment Center, the Claims Center staff makes arrangements for the 
claimant to submit their application in another way.  This rule change 
retains the provisions allowing claimants to contact the Department to 
receive instruction regarding other methods of applying, ensuring 
continued access for those with disabilities or other qualifying 
conditions.  Very few individuals have required other arrangements for 
filing.  This rule change allows resources currently dedicated to taking 
claims over the phone to be shifted to more value-added efforts, 
specifically engaging more claimants with reemployment resources in an 
effort to reduce claim duration and exhaustion rates thus preserving the 
Unemployment Compensation Fund.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This proposed rule change is not expected to have 
any fiscal impact on state government revenues or expenditures because 
the proposed rule change simply ensures the majority of claimants use the 
most effective and efficient mechanism for applying for benefits.  
Nothing in this proposed rule change affects or limits a claimant's 
substantive eligibility for unemployment insurance benefits, or limits 
the duration for which those benefits may be received.
- LOCAL GOVERNMENTS:  This proposed rule change is not expected to have 
any fiscal impact on local governments' revenues or expenditures because 
the unemployment insurance program is a state-level program that does not 
rely on local governments for its funding, administration, or 
enforcement.
- SMALL BUSINESSES:  This proposed rule change is not expected to have 
any fiscal impact on small businesses' revenues or expenditures because 
nothing in the proposed rule change will affect the amount of 
unemployment taxes paid by any business or otherwise affect the 
substantive eligibility for, or payment of, unemployment insurance 
benefits to any claimant.  The Department has considered whether this 
proposed rule change will have a measurable negative fiscal impact on 
small businesses and has determined that the proposed rule change will 
not have a negative fiscal impact.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This proposed rule change is not expected to have any fiscal 
impact on other individuals revenues or expenditures because the proposed 
rule change simply ensures the majority of claimants use the most 
effective and efficient mechanism for applying for benefits.  Nothing in 
this proposed rule change affects or limits a claimant's substantive 
eligibility for unemployment insurance benefits or limits the duration 
for which those benefits may be received.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This proposed rule change is not 
expect to cause any compliance costs for affected persons because the 
proposed rule change does not create any new eligibility or 
administrative requirements for claimants or any other affected persons.  
At this time, 90% of initial claims are completed online.  After the 
claim is filed, all claimants are required to complete weekly claims.  In 
2012, the Department required all weekly claims to be completed online.  
In 2018, 99.6% of weekly claims were completed online.  The resources 
needed by a claimant to comply with online weekly filing will allow the 
claimant to comply with this change seamlessly.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After 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 04/15/2019
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at 
ampeck@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/01/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43557.htm




FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

Within five years of an administrative rule's original enactment or last 
five-year review, the agency is required to review the rule.  This review 
is intended to help the agency determine, and to notify the public that, 
the administrative rule in force is still authorized by statute and 
necessary.  Upon reviewing a rule, an agency may:  repeal the rule by 
filing a Proposed Rule; continue the rule as it is by filing a Five-Year 
Notice of Review and Statement of Continuation (Review); or amend the 
rule by filing a Proposed Rule and by filing a Review.  By filing a 
Review, the agency indicates that the rule is still necessary.

The rule text that is being continued may be found in the online edition 
of the Utah Administrative Code at 
https://rules.utah.gov/publications/utah-adm-code/.  The rule text may 
also be inspected at the agency or the Office of Administrative Rules.  
Reviews are effective upon filing.

Reviews are governed by Section 63G-3-305.


COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 43543 (5-year Review): R156-60. Mental Health Professional Practice 
Act Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING 
REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, 
IF ANY:  This rule should be continued as it provides a mechanism to 
inform potential licensees of the requirements for licensure as allowed 
under statutory authority provided in Title 58, Chapter 60, Part 1.  This 
rule should also be continued as it provides information to ensure 
applicants for licensure are adequately trained and meet minimum 
licensure requirements, and provides licensees with information 
concerning unprofessional conduct, definitions, and ethical standards 
relating to the profession.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jennifer Zaelit by phone at 801-530-7632, or by Internet E-mail at 
jzaelit@utah.gov
EFFECTIVE:  02/26/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43543.htm



HEALTH
DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION
No. 43540 (5-year Review): R384-100. Cancer 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 cancer reporting rule is adopted to specify the reporting 
requirements for cases of cancer.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Marie Nagata by phone at 801-538-6519, or by Internet E-mail at 
mnagata@utah.gov
EFFECTIVE:  02/25/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43540.htm

No. 43539 (5-year Review): R384-200. Cancer Control 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 Utah Cancer Control and BeWise Programs continue to receive 
monies to provide screening services to women in Utah.  Therefore, this 
rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Marie Nagata by phone at 801-538-6519, or by Internet E-mail at 
mnagata@utah.gov
EFFECTIVE:  02/25/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43539.htm

No. 43537 (5-year Review): R384-203. Prescription Drug Database Access.
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 Subsection 58-37f-301(2)(f).  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Anna Fondario by phone at 801-538-6201, or by Internet E-mail at 
afondario@utah.gov
EFFECTIVE:  02/25/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43537.htm


FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS
No. 43538 (5-year Review): R398-10. Autism Spectrum Disorders and 
Intellectual Disability Reporting.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING 
REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, 
IF ANY:  Sections 26-1-30, 26-5-3, and 26-5-4 are still in effect.  This 
rule defines how the program will implement and facilitate the statutes.  
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:  02/25/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43538.htm


FAMILY HEALTH AND PREPAREDNESS, LICENSING
No. 43553 (5-year Review): R432-7. Specialty Hospital - Psychiatric 
Hospital Construction.
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 required by Title 26, Chapter 21, of 
the Health Facility Licensure and Inspection Act.  There are 10 
psychiatric specialty hospitals in Utah.  The Department of Health agrees 
with the need to continue this rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kristi Grimes by phone at 801-273-2821, or by Internet E-mail at 
kristigrimes@utah.gov
EFFECTIVE:  02/27/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43553.htm

No. 43559 (5-year Review): R432-8. Specialty Hospital – Chemical 
Dependency/Substance Abuse Construction.
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 required by Title 26, Chapter 21, of 
the Health Facility Licensure and Inspection Act.  There is one chemical 
dependency/substance abuse specialty hospital in Utah.  The Department 
agrees with the need to continue this rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kristi Grimes by phone at 801-273-2821, or by Internet E-mail at 
kristigrimes@utah.gov
EFFECTIVE:  02/28/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43559.htm

No. 43560 (5-year Review): R432-9. Specialty Hospital – Rehabilitation 
Construction 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 continues to be required by Title 26, Chapter 21, of 
the Health Facility Licensure and Inspection Act.  There are two 
rehabilitation specialty hospitals in Utah.  The Department agrees with 
the need to continue this rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kristi Grimes by phone at 801-273-2821, or by Internet E-mail at 
kristigrimes@utah.gov
EFFECTIVE:  02/28/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43560.htm

No. 43533 (5-year Review): R432-270. Assisted Living Facilities.
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 required by Title 26, Chapter 21, of 
the Health Facility Licensure and Inspection Act.  There are 238 assisted 
living facilities in Utah.  The Department of Health agrees with the need 
to continue this rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by 
Internet E-mail at jhoffman@utah.gov
- Kristi Grimes by phone at 801-273-2821, or by Internet E-mail at 
kristigrimes@utah.gov
EFFECTIVE:  02/20/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43533.htm



PUBLIC SAFETY
PEACE OFFICER STANDARDS AND TRAINING
No. 43534 (5-year Review): R728-502. Procedure for POST Instructor 
Certification.
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 under Subsection 53-6-105(1)(k), and is 
necessary in order to provide guidelines for the certification of 
training instructors, and to establish standards for the revocation of 
POST instructor certification pursuant to Section 53-6-105(1)(c).  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by 
Internet E-mail at kgibb@utah.gov
- Scott Stephenson by phone at 801-256-2322, by FAX at 801-256-0600, or 
by Internet E-mail at sstephen@utah.gov
EFFECTIVE:  02/21/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43534.htm



REGENTS (BOARD OF)
UNIVERSITY OF UTAH, ADMINISTRATION
No. 43541 (5-year Review): R805-3. Overnight Camping and Campfires on 
University of Utah Property.
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 sets forth the regulations 
that govern camping and campfires on University of Utah (University) 
property.  This rule prohibits overnight camping and campfires on 
University of Utah property absent the express permission of the 
University.  This rule defines overnight camping and campfires.  It also 
lists the sanctions that may be imposed for violation of this rule which 
may include discipline for members of the University community through a 
University process, citation for having an improper fire, citation for 
criminal trespass, temporary eviction and denial of access, and eviction 
and denial of access after an information adjudicative proceeding.  The 
University intends to amend this rule in order to accommodate the 
possibility of campfires being allowed in designated areas for particular 
events.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Robert Payne by phone at 801-585-7002, by FAX at 801-585-7007, or by 
Internet E-mail at robert.payne@legal.utah.edu
EFFECTIVE:  02/25/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43541.htm


UNIVERSITY OF UTAH, MUSEUM OF NATURAL HISTORY (UTAH)
No. 43535 (5-year Review): R807-1. Curation of Collections from State 
Lands.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING 
REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, 
IF ANY:  Rule R807-1 is necessary to the Utah Museum of Natural History 
and as part of the statewide process for protecting archaeological 
resources recovered from state lands. Among other things, Rule R807-1 
establishes standards for curation and the obligations of repositories 
and curation facilities.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Janaki Krishna, or by Internet E-mail at jkrishna@umnh.utah.edu
EFFECTIVE:  02/22/2019
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
https://rules.utah.gov/publicat/bulletin/2019/20190315/43535.htm




NOTICES OF RULE EFFECTIVE DATES

State law provides for agencies to make their administrative rules 
effective and enforceable after publication in the Utah State Bulletin.  
In the case of Proposed Rules or Changes in Proposed Rules with a 
designated comment period, the law permits an agency to make a rule 
effective no fewer than seven calendar days after the close of the public 
comment period, nor more than 120 days after the publication date.  In 
the case of Changes in Proposed Rules with no designated comment period, 
the law permits an agency to make a rule effective on any date including 
or after the thirtieth day after the rule's publication date, but not 
more than 120 days after the publication date.  If an agency fails to 
file a Notice of Effective Date within 120 days from the publication of a 
Proposed Rule or a related Change in Proposed Rule the rule lapses.

Agencies have notified the Office of Administrative Rules that the rules 
listed below have been made effective. 

Notices of Effective Date are governed by Subsection 63G-3-301(12), 
Section 63G-3-303, and Sections R15-4-5a and R15-4-5b.


EDUCATION
ADMINISTRATION
No. 43450  (AMD): R277-404.Requirements for Assessments of Student 
Achievement
Published:  01/15/2019
Effective:  02/22/2019



LIEUTENANT GOVERNOR
ELECTIONS
No. 43275  (NEW): R623-5.Municipal Alternate Voting Methods Pilot Project
Published:  11/01/2018
Effective:  03/01/2019



NATURAL RESOURCES
PARKS AND RECREATION
No. 43464  (AMD): R651-214.Temporary Registration
Published:  01/15/2019
Effective:  02/21/2019



PUBLIC SAFETY
ADMINISTRATION
No. 43418  (AMD): R698-5.State Hazardous Chemical Emergency Response 
Commission Advisory Committee
Published:  12/15/2018
Effective:  02/20/2019


CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION
No. 43435  (NEW): R722-920.Cold Case Database
Published:  01/01/2019
Effective:  02/20/2019




RULES INDEX

The Rules Index is a cumulative index that reflects all administrative 
rulemaking actions made effective since January 1.  The Rules Index is 
not included Digest.  However, a copy of the current Rules Index is 
available https://rules.utah.gov/researching/ .


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