---------------------------- Utah State Digest, Vol. 2019, No. 8 (April 15, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed March 16, 2019, 12:00 AM through April 1, 2019, 11:59 PM Volume 2019, No. 8 April 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 for May 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/2019/20190415/sn161061.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 March 16, 2019, 12:00 a.m., and April 1, 2019, 11:59 p.m. are summarized in this, the April 15, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the April 15, 2019, issue of the Utah State Bulletin until at least May 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 August 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. EDUCATION ADMINISTRATION No. 43609 (Repeal): R277-102. Adjudicative Proceedings. SUMMARY OF THE RULE OR CHANGE: The Board recommends repealing Rule R277- 102 because the rule is no longer necessary. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any material impact on local governments' revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal. - SMALL BUSINESSES: This rule repeal is not expected to have any material fiscal impact on small businesses' revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Policy Advisor at the Utah State Board of Education, Jeffrey Van Hulten, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43609.htm No. 43610 (Repeal): R277-105. Recognizing Constitutional Freedoms in the Schools. SUMMARY OF THE RULE OR CHANGE: The Board recommends this rule be repealed because administrative rules are not designed to provide legal guidance, but to establish requirements within an agency's authority and expertise. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any material impact on local governments' revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal. - SMALL BUSINESSES: This rule repeal is not expected to have any material fiscal impact on small businesses' revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it is no longer necessary and, therefore, recommended for repeal. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Policy Advisor at the Utah State Board of Education, Jeffrey VanHulten, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43610.htm No. 43619 (New Rule): R277-115. LEA Supervision and Monitoring Requirements of Third Party Providers and Contracts. SUMMARY OF THE RULE OR CHANGE: This rule is established from parts of Rule R277-417 dealing with LEAs supervision and monitoring of contracts to provide assurance regarding compliance that are being moved into their own rule (R277-115). This rule is focused on LEAs and third party providers. This rule clarifies that LEA contracts with third party providers must include language whereby the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service is in compliance with statute and Board rule. This requirement adds specificity for compliance of third party providers, but LEAs were already required to ensure compliance so the only substantive change may be additional language in contracts between LEAs and third party providers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule will not have a fiscal impact on state government revenues or expenditures. Any state responsibility within this rule already was in place in Rule R277-417. For these reasons, the establishment of this rule will not have a fiscal impact to the state. - LOCAL GOVERNMENTS: This new rule will not have a fiscal impact on local governments' revenues or expenditures. This rule clarifies that LEA contracts with third party providers must include language whereby the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service is in compliance with statute and Board rule. This requirement adds specificity for compliance, but LEAs were already required to ensure compliance so the only substantive change may be additional language in contracts between LEAs and third party providers. - SMALL BUSINESSES: This new rule will not have a fiscal impact on small businesses' revenues or expenditures. This rule clarifies that LEA contracts with third party providers must include language whereby the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service is in compliance with statute and Board rule. This requirement adds specificity for compliance of third party providers, but LEAs were already required to ensure compliance so the only substantive change may be additional language in contracts between LEAs and third party providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule will not have a fiscal impact on other individuals’ revenues or expenditures. This rule clarifies that LEA contracts with third party providers must include language whereby the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service is in compliance with statute and Board rule. This requirement adds specificity for compliance of third party providers, but LEAs were already required to ensure compliance so the only substantive change may be additional language in contracts between LEAs and third party providers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This proposed rule has no fiscal impact on LEAs and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43619.htm No. 43618 (Repeal): R277-119. Discretionary Funds. SUMMARY OF THE RULE OR CHANGE: It has been determined that this rule is not necessary and should be repealed. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The repeal of this rule will not have a fiscal impact on state government revenues or expenditures. This repeal will not change current practice and, therefore, it will not have any fiscal impact. - LOCAL GOVERNMENTS: The repeal of this rule will not have a fiscal impact on local governments' revenues or expenditures. This repeal will not impact current practice. This rule outlines a procedure for the Board and thus does not affect local governments. - SMALL BUSINESSES: The repeal of this rule will not have a fiscal impact on small businesses’ revenues or expenditures. This rule outlines a procedure for the Board and thus does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repeal of this rule will not have a fiscal impact on other individuals’ revenues or expenditures. This rule outlines a procedure for the Board and thus does not affect other entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43618.htm No. 43624 (New Rule): R277-304. Teacher Preparation Programs. SUMMARY OF THE RULE OR CHANGE: In the May 2018 Board committee meeting, the Board approved Rule R277-301, Educator Licensing. These changes go into effect beginning with the 2020-21 school year. A significant number of rules related to educator licensing will need to be reviewed and revised by the Board prior to the implementation of that rule. The original draft of Rule R277-304 was submitted to stakeholders for feedback on 11/26/2018. This rule has been written based on the original draft and the feedback submitted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule will not have a fiscal impact on state government revenues or expenditures. This rule specifies the standards which the Board expects of teacher preparation institutions prior to program approval in specified areas. The changes to teacher preparation requirements will not have a fiscal impact on the state budget because teacher preparation is already something the Board has oversight of. - LOCAL GOVERNMENTS: This new rule may have a fiscal impact on local governments' expenditures. This rule specifies the standards which the Board expects of teacher preparation institutions prior to program approval in specified areas. It is likely that such preparation and models will require financial investments from local education agencies (LEAs) if they wish to have such a program. Changes that may have a fiscal impact include the requirement for the provision of school-based clinical experiences that are progressively more complex and occur in multiple schools and classrooms. It is difficult to estimate a specific fiscal impact because it will vary depending on the structure of the existing teacher preparation program at the LEA and how much it differs from this rule. - SMALL BUSINESSES: This new rule will not have a fiscal impact on small businesses' revenues or expenditures. This rule applies to teacher preparation programs which are overseen by the Board and will not have a fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule will not have a fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures. This rule applies to teacher preparation programs which are overseen by the Board and do not have a fiscal impact on other entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This proposed new rule has no fiscal impact on LEAs and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43624.htm No. 43623 (Amendment): R277-552. Charter School Timelines and Approval Processes. SUMMARY OF THE RULE OR CHANGE: The language was amended in Subsections R277-552-3(3) and (7), plus in R277-552-7(8). Language was deleted in Subsections R277-552-5(6) and R277-552-6(6). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not have a fiscal impact on state government revenues or expenditures. These change require the specified documentation from local education agencies (LEAs) be submitted to the State Superintendent prior to receiving charter school start-up funds. However, the required documentation itself is not a new requirement. This rule also requires that prior to accepting a charter school from another authorizer, a new charter authorizer shall request and consider information from the Board and current authorizer of the charter school's financial and academic performance. These changes are to comply with H.B. 313, Public School Revisions, from the 2018 General Session. These rule changes will not have a fiscal impact on the state budget because the funding for the Board to comply with the changes in statute was appropriated in the 2018 General Session. - LOCAL GOVERNMENTS: These rule changes will not have a fiscal impact on local governments' revenues or expenditures. These changes require the specified documentation from LEAs be submitted to the State Superintendent prior to receiving charter school start-up funds. However, the required documentation for LEAs is not a new requirement. This rule also requires that prior to accepting a charter school from another authorizer, a new charter authorizer shall request and consider information from the Board and current authorizer of the charter school's financial and academic performance. These changes will not have a fiscal impact on local governments because this requirement to collect performance data is already in place for charter authorizers. - SMALL BUSINESSES: These rule changes will not have a fiscal impact on small businesses' revenues or expenditures. This rule applies to charter schools and the State Board and thus does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes will not have a fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures. This rule applies to charter schools and the Board and thus does not affect small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43623.htm No. 43621 (Amendment): R277-700. The Elementary and Secondary School General Core. SUMMARY OF THE RULE OR CHANGE: The new language was added in Subsections R277-700-2(13) and R277-700-4(6) outlining procedures that LEAs should follow. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not have a fiscal impact on state government revenues or expenditures. These changes outline the awarding of credits to students through the Statewide Online Education Program prior to grades 9 through 12 as long as the student has declared an intent to graduate early and the high school courses are not used to replace middle school educational requirements (in line with changes to Rule R277-726). This rule also adds in keyboarding proficiency as a core subject requirement. These changes will not impact the state budget as they will not impact state funding. - LOCAL GOVERNMENTS: These rule changes will not have a fiscal impact on local governments' revenues or expenditures. These changes outline the awarding of credits to students through the Statewide Online Education Program prior to Grades 9 through 12 as long as the student has declared an intent to graduate early and the high school courses are not used to replace middle school educational requirements (in line with changes to Rule R277-726). This rule also adds in keyboarding proficiency as a core subject requirement. These changes will not have a fiscal impact on local governments. Keyboarding standards and assessments are already in place. - SMALL BUSINESSES: These rule changes will not have a fiscal impact on small businesses' revenues or expenditures. This rule applies to the elementary and secondary school general core so it does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes will not have a fiscal impact on other small businesses, businesses, or local government entities revenues or expenditures. This rule applies to the elementary and secondary school general core so it does not apply to other entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43621.htm No. 43622 (New Rule): R277-720. Reimbursement Program for Early Graduation from Competency-Based Education. SUMMARY OF THE RULE OR CHANGE: The new rule includes the process and criteria for becoming a CBE designated school. It also includes a calculation and distribution method for reimbursement funds provided by the legislature. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule will not have a fiscal impact on state government revenues or expenditures. This rule outlines the procedures for reimbursement to an LEAs for early graduation from CBE. This reimbursement program is state-funded so this rule provides the mechanism through which funds will be distributed and will not have an independent fiscal impact. - LOCAL GOVERNMENTS: This new rule will not have a fiscal impact on local governments' revenues or expenditures. This rule outlines the procedures for reimbursement to LEAs for early graduation from CBE. This reimbursement program is state-funded so this rule provides the mechanism through which funds will be distributed and will not have an independent fiscal impact. - SMALL BUSINESSES: This new rule will not have a fiscal impact on small businesses' revenues or expenditures. This rule applies to a program for LEAs so it does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule will not have a fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures. This rule applies to a program for LEAs so it does not apply to other entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This proposed rule has no fiscal impact on LEAs and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43622.htm No. 43620 (Amendment): R277-726. Statewide Online Education Program. SUMMARY OF THE RULE OR CHANGE: The language has been amended to outline the procedures that LEAs should follow when awarding credit to students. Rule R277-726 is also amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not have a fiscal impact on state government revenues or expenditures. These changes outline the procedures that a LEA should follow in awarding credits to students through the Statewide Online Education Program prior to grades 9 through 12, which count toward early graduation efforts. These changes will not have a fiscal impact on the state because public school students are funded through the Minimum School Program. This rule specifies that a primary school of enrollment shall recognize credit earned by a participating secondary student through courses completed prior to grade 9 for purposes of high school graduation provided that the student has in the student's records documentation of the student's intention to graduate early. Also, if a student prior to Grades 9 through 12 enrolled in a program course exceeds a full course load during a regular school year, a primary LEA of enrollment may mark the student as an early graduate and increase membership in accordance with Section R277-419-6 and Rule R277-484 to account for credits in excess of full-time enrollment in a local student information system. Thus, there will not be any additional cost to the Minimum School Program from these changes. - LOCAL GOVERNMENTS: These rule changes will not have a fiscal impact on local governments' revenues or expenditures. These changes outline the procedures that a LEA should follow in awarding credits to students through the Statewide Online Education Program prior to grades 9 through 12, which count toward early graduation efforts. This rule specifies that a primary school of enrollment shall recognize credit earned by a participating secondary student through courses completed prior to grade 9 for purposes of high school graduation provided that the student has in the student's records documentation of the student's intention to graduate early. Also, if a student prior to Grades 9 through 12 enrolled in a program course exceeds a full course load during a regular school year, a primary LEA of enrollment may mark the student as an early graduate and increase membership in accordance with Section R277-419-6 and Rule R277-484 to account for credits in excess of full-time enrollment in a local student information system. Thus, since these rule changes enable LEAs to account for enrollment exceeding a full course load it will not have a fiscal impact on local governments. - SMALL BUSINESSES: These rule changes will not have a fiscal impact on small businesses' revenues or expenditures. This rule applies to the Statewide Online Education Program so it does not apply to small businesses. The only entities that offer online courses through the program include LEAs or institutions of higher education as detailed in statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes will not have a fiscal impact on other individuals' revenues or expenditures. This rule applies to the Statewide Online Education Program so it does not apply to other entities. The only entities that offer online courses through the program include LEAs or institutions of higher education as detailed in statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43620.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43608 (Amendment): R426-8. Emergency Medical Services Ground Ambulance Rates and Charges. SUMMARY OF THE RULE OR CHANGE: Fiscal Reporting Guides (FRGs) are financial and statistical data collected from all emergency medical services (EMS) agencies statewide. The data collected showed EMS rates needed to be increased 3.0% so agencies statewide will have closer revenues matching expenses. Rule R426-8 needs to be amended to reflect these ground ambulance transport rate changes. Rates should be made effective on 07/01/2019 to coincide with Medicaid payment adjustments for the fiscal year. Fiscal costs and benefits will begin starting in FY 2020. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget will not be impacted as this is a user fee. - LOCAL GOVERNMENTS: Local governments will be impacted slightly. The rates listed in this rule are increased 3.0%. The licensed ambulance provider billing will increase base rates in order to offset lost collections, wage increases, and the increased equipment costs. A total benefit of $2,767,415 is anticipated for FY 2020. - SMALL BUSINESSES: There is one small business that is a licensed ambulance provider. These proposed amendments will increase the fiscal benefit by an estimated $15,085 for FY 2020. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The fiscal costs to persons who use an ambulance were estimated based on anticipated billable ground ambulance patient transports using prior year numbers of patient transports. The fiscal analysis demonstrated a need for a 3.0% maximum base rate increase. Data was based on patient care reports submitted to the Department by the licensed ambulance providers. A total cost is estimated to be $4,637,500 starting in FY 2020 for affected persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The fiscal benefits and costs to non-small businesses were estimated based on anticipated billable ground ambulance patient transports using prior year numbers of patient transports. The fiscal analysis demonstrated a need for a 3.0% maximum base rate increase. Data was based on patient care reports submitted to the Department by the licensed ambulance providers. No change in the current fiscal year (FY 2019) since these rule amendments will take effect on 07/01/2019. Subsequent years (FY 2020 and FY 2021) were projected as an estimate of growth in numbers of patients requiring ambulance transports. There are six non-small businesses licensed as ground ambulance providers in Utah. These businesses account for an estimated 40% of the total billable ambulance patient transports per year based on reported patient transports. At the average price increase per patient transport of $35, these businesses are expected to receive $1,855,000 in increased revenues per year starting in FY 2020. 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 amendments which increase the base rate will result in a fiscal benefit to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43608.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43605 (Amendment): R523-7. Certification of Designated Examiners and Case Managers. SUMMARY OF THE RULE OR CHANGE: The amendments include: 1) "case managers" has been added to the purpose; 2) homeless services and service providers have been added as a sector that now requires certification for case managers; 3) certification itself has been clarified as being required for non-licensed professionals; 4) experience has been clarified to be specifically 400 hours in human services or related fields prior to application; and 5) a bachelor's degree has been added as a qualifying scholastic credential. Other changes involve experience: 1) the required case management practicum has been clarified to be 40 hours and Division approved; 2) applications and requests to waive requirements can only be approved by the Division of Substance Abuse and Mental Health (Division)director or designee; 3) certification follows the case manager between jobs if the provider is a qualifying employer; 4) a more defined corrective action process has been described; 5) continuing education has been clarified to required four hours ethics and three hours suicide prevention; 6) request for information about conduct must be provided within 30 days or certification is automatically revoked; 7) failure of the Division administered exam has been clarified to twice within 30 days; and 8) agencies are no longer required to notify the Division when a certified case manager separates from employment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are potential costs to the Division in printing and mailing certificates, and time in reviewing applications and providing certificates. The Division does not have clear understanding of how many potential new applications will be received due to the expansion of certification for homeless services agencies, but the cost to create a certificate is about $0.90 per certificate which includes bonded paper, gold seal, printing, signature and mail costs. Per-event time costs can be set at around 17 minutes per application. This calculation includes review of the application, receipt of information that a passing score was achieved, recording of the certification in the Division database, production of the certificate, signing the certificate and mailing the certificate. Based on these calculations, it will cost the Division an additional $0.90 and 17 minutes to process all new case management certifications that are generated by the changes in this rule. These rule changes have the potential of benefiting Division of Child and Family Services (DCFS) and the Division of Juvenile Justice Services (DJJS). Both agencies receive a portion of the child Medicaid carve out funding that was instituted by the Department of Human Services (DHS), to provide behavioral health services to children and youths through the Local Mental Health and Substance Abuse Authorities. Neither agency is currently able to bill Medicaid for Targeted Case Management in behavioral health, because certification for case managers has been limited to the local authorities, and Case Management Certification is required to bill behavioral health Targeted Case Management. The changes being proposed at this time, open Case Management Certification to any agency providing Targeted Case Management services. Gaining access to this money would be a slight challenge, because it would require both divisions to enter into some type of billing agreement with the local authorities in their areas, allowing them to bill the local authority directly if they offer behavioral health case management. The reason for this process is that the local authorities are the agencies that currently hold and control the Capitated Medicaid Behavioral Health contracts and the only ones to receive Medicaid reimbursements from the federal government. The billing rate would be $13.64 per quarter hour of service. The Division has contacted both sister agencies and has been informed that neither one is interested in negotiating Targeted Case Management payments from the local authorities at this time. - LOCAL GOVERNMENTS: These amendments are mostly clarifying in nature and do not require any additional actions from local governments than already exist. - SMALL BUSINESSES: There are both a potential cost and benefit to agencies (624221 Temporary Shelters) receiving funds for homeless services. Anticipated costs are time, financial, and unmeasurable. Anticipated time costs include the amount of time it will take an employee to study and take the Division approved test, the amount of time that each employee will need to complete and document the 30 hours of CEUs to maintain their certification, and the time needed for the employee's supervisor to review, grade, and report on the Division approved test that will be administered. Anticipated financial costs include and reimbursement for CEU classes that might be offered to an employer. The anticipated unmeasurable cost is the agency productivity loss, in any one employee, because of reallocated time to certify and maintain certification. The Division has been unable to estimate these costs because there are too many variables. The benefit to these agencies is $13.64 per quarter hour that can be billed to Medicaid for Targeted Case Management, and the number of agencies that qualify for this benefit is 20, based on the 20 agencies receiving homeless services funds. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are both a potential cost and benefit to individuals who receive a Case Management Certification, and work for a homeless shelter that received homeless services funds. Costs are both time and financial. Anticipated time costs include the amount of time it will take an individual to study, and take the Division approved test, and the amount of time needed to complete, document and report the 30 hours of CEUs to maintain certification. The anticipated financial costs include the cost of CEU courses if reimbursement from the employer is not available. The Division has been unable to estimate these costs because there are too many variables. The financial benefit to these individuals include possible increases in pay by obtaining certification, and the opportunity to move into a better paying job across agencies because the individual holds a Case Management Certification. The Division has been unable to estimate these benefits because there are too many variables. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are potential compliance costs associated with these amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will result in a fiscal impact to small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 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: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43605.htm RECOVERY SERVICES No. 43593 (Amendment): R527-38. Unenforceable Cases. SUMMARY OF THE RULE OR CHANGE: Section R527-38-2 is amended so that the unenforceable case criteria includes that the children on a Title IV-E case shall have been out of state custody for at least one year instead of being emancipated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment is changing a criterion which must be satisfied to categorize a case as unenforceable. Therefore, there is no anticipated cost or savings to the state budget due to the amendment to this rule. - LOCAL GOVERNMENTS: Administrative rules of the Office of Recovery Services (ORS)/Child Support Services (CSS) do not apply to local governments. This rule concerns ORS categorizing cases as unenforceable. Therefore, there are no anticipated costs or savings for local governments due to this amendment. - SMALL BUSINESSES: The amendment to this rule does not change ORS/CSS processes or procedures regarding sending income withholdings or the volume of income withholdings sent. Therefore, there are no anticipated costs or savings to small businesses due to the amendment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated impact to other persons due to the amendment to this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost to other persons due to the amendment to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts to businesses because the change to this rule does not change ORS/CSS processes or procedures regarding sending income withholdings or the volume of income withholdings sent. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43593.htm INSURANCE ADMINISTRATION No. 43615 (Amendment): R590-225-3. Documents Incorporated by Reference. SUMMARY OF THE RULE OR CHANGE: Two references to documents incorporated by reference are being updated to reflect the most recent editions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because the forms that are being incorporated by reference are free for member states to use. There is no alteration to the Department's actions. These changes are merely updating this rule to incorporate the most recent editions of the forms. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. These rule changes only apply to the relationship between the Department and its licensed property and casualty insurers. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The forms being incorporated by reference have been changed, and this amendment is being made to reflect the most recent editions. The forms in question are free for insurers to use, just as they have been. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The forms being incorporated by reference have been changed, and this amendment is being made to reflect the most recent editions. The forms in question are free for insurers to use, just as they have been. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for any affected persons. Property and casualty insurers will be able to download the forms for free as they normally do. These changes merely update this rule to reflect the most recent editions of the forms. 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 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 05/15/2019 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: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43615.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43603 (Amendment): R746-310. Uniform Rules Governing Electricity Service by Electric Utilities. SUMMARY OF THE RULE OR CHANGE: These rule amendments are intended to clarify the distinction between a meter that fails to register correctly and a meter that completely fails to register any usage. These rule amendments specify an incorrectly registering meter and the utility's authorized backbilling timeframe. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget unless the state has an incorrectly registering meter, which may result in a twenty-four month estimated backbill. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments unless a local government has an incorrectly registering meter, which may result in a twenty-four month estimated backbill. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses unless a small business have an incorrectly registering meter, which may result in a twenty-four month estimated backbill. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities unless such persons have an incorrectly registering meter, which may result in a twenty-four month estimated backbill. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons unless the affected person has an incorrectly registering meter, which may result in a twenty-four month estimated backbill. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impact these rule amendments may have on a business other than the possible costs a business may face if it has an incorrectly registering meter, which may result in a twenty- four month estimated backbill. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43603.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 43613 (Amendment): R850-5-300. Royalties. SUMMARY OF THE RULE OR CHANGE: These changes clarify and consolidate this rule to remove redundant or unnecessary language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule changes are not anticipated to have any additional costs or savings as it is removing unnecessary and outdated language so it is more clear and concise. - LOCAL GOVERNMENTS: These proposed rule changes are not anticipated to have any additional costs or savings as it is removing unnecessary and outdated language so it is more clear and concise. - SMALL BUSINESSES: These proposed rule changes are not anticipated to have any additional costs or savings as it is removing unnecessary and outdated language so it is more clear and concise. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not anticipated to have any additional costs or savings as it is removing unnecessary and outdated language so it is more clear and concise. COMPLIANCE COSTS FOR AFFECTED PERSONS: No anticipated compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed rule changes are not anticipated to have any additional costs or savings as it is removing unnecessary and outdated language so it is more clear and concise. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Lisa Wells by phone at 801-538-5154, or by Internet E-mail at lisawells@utah.gov - Merritt Dunn by phone at 801-538-5130, or by Internet E-mail at merrittdunn@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/2019/20190415/43613.htm No. 43616 (Repeal and Reenact): R850-21. Oil, Gas and Hydrocarbon Resources. SUMMARY OF THE RULE OR CHANGE: This rule is basically the same except for the following changes: In Section R850-21-175, changes refine the definitions to be consistent with industry terminology and current agency practices. A definition of the term “spud” was added. In Section R850- 21-300, changes were made to make this rule consistent with the current statute. In Subsection R850-21-500(1)(b), a substantive change of minimum annual rental from $40 to $500 is made. In Subsection R850-21- 500(3)(d), for oil and gas leases committed to a unit, the provision providing for an automatic extension is deleted. In Subsection R850-21- 500(3)(e), leases currently in an active unit that terminates or contracts on or before 01/01/2021, will be entitled to an automatic two- year lease extension. Leases that are committed to a new unit formed after the effective date of these proposed rule amendments will not be entitled to an automatic extension. In Subsection R850-21-500(4), changes were made to the definitions and procedures related to a shut-in gas well's status as a well capable of producing in paying quantities. In Section R850-21-600, changes are made to be consistent with the new definitions in Section R850-21-175. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings. The effect is neutral except for implementing the change from $40 to $500 for the minimum annual rental required in the oil and gas lease as set out at Subsection R850-21-500(1)(b). The repealed annual $40 charge applied to oil and gas leases of 10 acres or less. The reenacted $500 annual charge will apply to oil and gas leases of 250 acres or less in the reenactment. During the calendar year, the agency issued no leases of 10 acres or less, and only issued 15 leases of 250 acres or less. - LOCAL GOVERNMENTS: There will be no cost or savings. The effect is neutral except for implementing the change from $40 to $500 for the minimum annual rental required in the oil and gas lease as set out at Subsection R850-21-500(1)(b). The repealed annual $40 charge applied to oil and gas leases of 10 acres or less. The reenacted $500 annual charge will apply to oil and gas leases of 250 acres or less in the reenactment. During the calendar year, the agency issued no leases of 10 acres or less, and only issued 15 leases of 250 acres or less. - SMALL BUSINESSES: There will be no cost or savings. The effect is neutral except for implementing the change from $40 to $500 for the minimum annual rental required in the oil and gas lease as set out at Subsection R850-21-500(1)(b). The repealed annual $40 charge applied to oil and gas leases of 10 acres or less. The reenacted $500 annual charge will apply to oil and gas leases of 250 acres or less in the reenactment. During the calendar year, the agency issued no leases of 10 acres or less, and only issued 15 leases of 250 acres or less. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings. The effect is neutral except for implementing the change from $40 to $500 for the minimum annual rental required in the oil and gas lease as set out at Subsection R850- 21-500(1)(b). The repealed annual $40 charge applied to oil and gas leases of 10 acres or less. The reenacted $500 annual charge will apply to oil and gas leases of 250 acres or less in the reenactment. During calendar year, the agency issued no leases of 10 acres or less, and only issued 15 leases of 250 acres or less. COMPLIANCE COSTS FOR AFFECTED PERSONS: The only compliance cost would be a change in annual minimum rental from $40 to $500 for oil and gas leases issued subsequent to the effective date of the reenactment in Subsection R850-21-(1)(b). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost or savings. The effect is neutral except for implementing the change from $40 to $500 for the minimum annual rental required in the oil and gas lease as set out at Subsection R850-21-500(1)(b). The repealed annual $40 charge applied to oil and gas leases of 10 acres or less. The reenacted $500 annual charge will apply to oil and gas leases of 250 acres or less in the reenactment. During the calendar year, the agency issued no leases of 10 acres or less, and only issued 15 leases of 250 acres or less. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - LaVonne Garrison by phone at 801-538-5197, by FAX at 801-355-0922, or by Internet E-mail at lavonnegarrison@utah.gov - Lisa Wells by phone at 801-538-5154, or by Internet E-mail at lisawells@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/2019/20190415/43616.htm TRANSPORTATION PRECONSTRUCTION No. 43602 (Amendment): R930-6. Access Management. SUMMARY OF THE RULE OR CHANGE: The proposed changes to this rule: increase transparency; improve quality and safety; maximize performance, capacity, and efficacy of the permit processes; requires reciprocal applicant engagement efforts (applicant may be removed from application process after 30-days of non-response); encourage "Full-Kit" application submissions to reduces administrative burdens; eliminates new permit requirement for vacant single-family dwellings; allows UDOT more discretionary authority; reduces the UDOT's litigation risk by fostering greater statewide consistency; removes obsolete and conflicting language, better aligns with UDOT's vision, mission, and strategic goals; and restructure the rule's enforcement provisions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: UDOT anticipates these proposed rule changes will have an affect on the state's budget. These proposed changes streamline permitting processes and provide the UDOT greater flexibility in enforcement of this rule. This should lead to greater efficiency and throughput capacity, which will lead to lower costs or a lower cost growth rate. - LOCAL GOVERNMENTS: UDOT does not anticipate these proposed rule changes will have a measurable impact on local governments because it does not require anything from, or provide anything to, local governments that may result in a fiscal impact. - SMALL BUSINESSES: UDOT believes these proposed amendments may lead to compliance costs for small businesses. All businesses, big and small, must comply with fee and other requirements of conditional access permits addressed by this rule. Businesses that violate the conditions may face direct and indirect financial penalties for non-compliance. However, it is impossible to estimate what such compliance costs or penalties might be with any accuracy at present. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: UDOT believes these proposed amendments may lead to compliance costs for persons other than businesses and local governments if the entity installing a utility facility on UDOT’s right of way is able, and determines to pass all or a portion of the compliance costs it incurs to such other persons. However, it is impossible to estimate what such compliance costs might be with any accuracy at present. COMPLIANCE COSTS FOR AFFECTED PERSONS: The revamped Permits Violations Enforcement subsection of this rule will lead to compliance costs for persons who violate that subsection's terms. This new subsection includes a progressive corrective action model to comprehensively address permit-related noncompliance issues. It also encompasses appeal-related matters. The updated language articulates the framework and process within which the UDOT's inspection forces will set about consistently documenting any identified permit-related violations. It demystifies how UDOT will respond to permit-related violations, and what UDOT will do to effectively intervene when warranted. However, it is not possible to accurately estimate what these costs may be because they depend on the violations committed and numerous other variables. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This set of proposed rule changes will not have a fiscal impact on businesses generally. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 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 by phone at 269-217-7091, 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: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43602.htm UTECH BOARD OF TRUSTEES ADMINISTRATION No. 43617 (Amendment): R945-1. UTech Scholarship. SUMMARY OF THE RULE OR CHANGE: This amendment changes the scholarship eligibility period from 7 to 12 months. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This has ongoing fiscal cost of $800,000 to the state budget per year. This rule is anticipated to have inestimable savings to the state budget because tax revenue returned by future income of scholarship recipients cannot be calculated. - LOCAL GOVERNMENTS: This amendment is not anticipated to have a cost or savings to local governments because this rule deals with scholarships awarded to students by technical colleges within the Utah System of Technical Colleges and does not require any expenditures of or generate any revenues for local governments. - SMALL BUSINESSES: This amendment is not anticipated to have a cost or savings to small businesses because this rule deals with scholarships awarded to students by technical colleges within the Utah System of Technical Colleges and does not require any expenditures of or generate any revenues for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment is anticipated to have an inestimable benefit to persons who receive the scholarship. The benefit is inestimable because the scholarship amount that will be awarded to each recipient will vary according to available funding and the parameters set forth in this rule, and because personal income derived from employment resulting from education funded by the scholarship cannot be calculated. Otherwise, this change is not anticipated to have a cost or savings to other persons because this rule deals with scholarships awarded to students by technical colleges within the Utah System of Technical Colleges and does not require any expenditures of or generate any revenues for other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment will not result in a direct fiscal impact to businesses. This rule deals with scholarships awarded to students by technical colleges within the Utah System of Technical Colleges, and does not require any expenditures of or generate any revenues for small businesses. Businesses may experience an indirect impact through the employment and productivity of individuals trained under the scholarship. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Ziebarth by phone at 801-341-6010, or by Internet E-mail at kziebarth@utech.edu THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43617.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 CONSUMER PROTECTION No. 43612 (5-year Review): R152-34a. Utah Postsecondary School State Authorization 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 creates the procedure by which postsecondary schools apply for postsecondary school state authorization, and specifies the information that must be provided with an application. This rule also creates the procedure a person must follow to file a complaint against a postsecondary school that holds a certificate of state authorization. Finally, this rule details standards a postsecondary school must meet, explains when and how the Division may investigate a postsecondary school, and explains the consequences of a postsecondary school's failure to comply with this rule or Section 13-34a-101 et seq. In sum, this rule provides guidance and certainty to postsecondary schools that seek to obtain or maintain state authorization, and also protects consumers by requiring postsecondary schools to meet basic financial and record- keeping standards. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Daniel Larsen by phone at 801-530-6145, or by Internet E-mail at dblarsen@utah.gov EFFECTIVE: 04/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43612.htm CORRECTIONS ADMINISTRATION No. 43596 (5-year Review): R251-111. Government Records Access and Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to provide procedures for access to government records of the Department of Corrections and to facilitate intergovernmental, cross-boundary intercooperation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Lucy Ramirez by phone at 801-545-5616, or by Internet E-mail at lramirez@utah.gov EFFECTIVE: 03/19/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43596.htm EDUCATION ADMINISTRATION No. 43611 (5-year Review): R277-601. Standards for Utah School Buses and Operations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-601 continues to be necessary because this rule is to specify standards for state student transportation funds, school buses, and school bus drivers utilized by school districts. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 03/29/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43611.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43598 (5-year Review): R432-13. Freestanding Ambulatory Surgical Center 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 46 freestanding ambulatory surgical centers 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: 03/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43598.htm No. 43599 (5-year Review): R432-14. Birthing Center 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 6 birthing centers 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: 03/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43599.htm No. 43597 (5-year Review): R432-30. Adjudicative Procedure. 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. The Department of Health (Department) licenses 983 health care agencies/facilities 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: 03/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43597.htm No. 43614 (5-year Review): R432-32. Licensing Exemption for Non-Profit Volunteer End-of-Life Care. 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 establishes the exemption from licensure requirements for non-profit facilities that provide volunteer end-of-life care pursuant to Subsection 26-21-7(6). 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: 04/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43614.htm JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 43601 (5-year Review): R597-4. Justice Courts. 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 enacted and required by Sections 78A-12-201 through 78A-12-206. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim by phone at 801-538-1652, or by Internet E-mail at jyim@utah.gov EFFECTIVE: 03/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43601.htm LIEUTENANT GOVERNOR ADMINISTRATION No. 43595 (5-year Review): R622-2. Use of the Great Seal of the State of Utah. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Since its conception, the seal has been employed for specific governmental applications within the state's Executive, Legislative, and Judicial branches; and is still needed. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Storie by phone at 801-538-1746, or by Internet E-mail at jenstorie@utah.gov EFFECTIVE: 03/19/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43595.htm PUBLIC SAFETY DRIVER LICENSE No. 43606 (5-year Review): R708-22. Commercial Driver License Administrative Proceedings. 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 necessary in order to outline the processes for conducting administrative proceedings with regards to application and licensing of commercial drivers. 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 - Tara Zamora by phone at 801-964-4483, by FAX at 801-964-4482, or by Internet E-mail at tarazamora@utah.gov EFFECTIVE: 03/28/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43606.htm No. 43607 (5-year Review): R708-24. Renewal of a Commercial Driver License (CDL). 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 establishes safety standards for commercial driver license holders, and outlines the specific requirements a commercial driver license applicant must meet to obtain or renew their driving privilege. 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 - Tara Zamora by phone at 801-964-4483, by FAX at 801-964-4482, or by Internet E-mail at tarazamora@utah.gov EFFECTIVE: 03/28/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43607.htm REGENTS (BOARD OF) SALT LAKE COMMUNITY COLLEGE No. 43594 (5-year Review): R784-1. Government Records Access and Management Act Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The college receives 20 to 30 GRAMA requests per fiscal year. A rule for responding is needed. Therefore, this rule should be continued. (EDITOR'S NOTE: The agency's intent was to file this review before the deadline. A miscommunication between the agency and staff of the Office of Administrative Rules prevented filing the review; the agency was waiting for action from the office. Because the deadline was missed through no fault of the agency, the review is filed today with an effective date of 03/17/2019, which was the original deadline date.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Chad Lambourne, or by Internet E-mail at chad.lambourne@slcc.edu EFFECTIVE: 03/19/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190415/43594.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43189 (AMD): R156-28.Veterinary Practice Act Rule Published: 10/01/2018 Effective: 03/25/2019 No. 43189 (CPR): R156-28.Veterinary Practice Act Rule Published: 02/15/2019 Effective: 03/25/2019 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43473 (AMD): R414-515.Long Term Acute Care Published: 02/01/2019 Effective: 03/21/2019 No. 43483 (AMD): R414-516.Nursing Facility Non-State Government-Owned Upper Payment Limit Quality Improvement Program Published: 02/01/2019 Effective: 03/21/2019 INSURANCE ADMINISTRATION No. 43485 (AMD): R590-102-21.Dedicated Fees Published: 02/15/2019 Effective: 03/26/2019 NATURAL RESOURCES PARKS AND RECREATION No. 43497 (AMD): R651-206.Carrying Passengers for Hire Published: 02/15/2019 Effective: 03/25/2019 FORESTRY, FIRE AND STATE LANDS No. 43480 (AMD): R652-70.Sovereign Lands Published: 02/01/2019 Effective: 03/25/2019 WILDLIFE RESOURCES No. 43491 (AMD): R657-22.Commercial Hunting Areas Published: 02/15/2019 Effective: 03/25/2019 No. 43492 (AMD): R657-33.Taking Bear Published: 02/15/2019 Effective: 03/25/2019 TAX COMMISSION PROPERTY TAX No. 43437 (AMD): R884-24P-19.Appraiser Designation Program Pursuant to Utah Code Ann. Sections 59-2-701 and 59-2-702 Published: 01/01/2019 Effective: 03/28/2019 No. 43438 (AMD): R884-24P-74.Changes to Jurisdiction of Mining Claims Pursuant to Utah Code Ann. Section 59-2-201 Published: 01/01/2019 Effective: 03/28/2019 TRANSPORTATION ADMINISTRATION No. 43490 (R&R): R907-66.Incorporation and Use of Federal Acquisition Regulations on Federal-Aid and State-Financed Transportation Projects Published: 02/15/2019 Effective: 03/26/2019 OPERATIONS, MAINTENANCE No. 43489 (AMD): R918-4.Using Volunteer Groups and Third Party Contractors for the Adopt-a-Highway and Sponsor-a-Highway Litter Pickup Programs Published: 02/15/2019 Effective: 03/26/2019 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 43481 (AMD): R986-100-117.Disqualification Periods And Civil Penalties For Intentional Program Violations (IPVs) Published: 02/01/2019 Effective: 06/01/2019 No. 43482 (AMD): R986-200-250.Unauthorized Spending of TANF Financial Assistance Benefits Published: 02/01/2019 Effective: 06/01/2019 RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available https://rules.utah.gov/researching/ . <> ----------------------------