---------------------------- Utah State Digest, Vol. 2019, No. 9 (May 1, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed April 2, 2019, 12:00 AM through April 15, 2019, 11:59 PM Volume 2019, No. 9 May 1, 2019 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Amendment to 1115 Demonstration Waiver - 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/2019/20190501/sn161122.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 April 2, 2019, 12:00 a.m., and April 15, 2019, 11:59 p.m. are summarized in this, the May 1, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the May 1, 2019, issue of the Utah State Bulletin until at least May 31, 2019 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through August 29, 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. ADMINISTRATIVE SERVICES FINANCE No. 43656 (Amendment): R25-7. Travel-Related Reimbursements for State Employees. SUMMARY OF THE RULE OR CHANGE: These rule changes increase reimbursement rates for mileage, lodging, and food. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will potentially be an increased cost to the state as reimbursements for meals, mileage, and hotels have increased. - LOCAL GOVERNMENTS: There may be costs to local governments that are required to follow this rule. - SMALL BUSINESSES: Some small businesses may see an inestimable increase in revenues because employees will be eligible for increased reimbursement for travel. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursement will see an increase in their reimbursement amounts. However, the Division of Finance cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because these amendments change reimbursement rates and do not require any new action on the part of persons applying for reimbursements, there are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are reasonable and warranted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cory Weeks by phone at 801-538-3100, or by Internet E-mail at cweeks@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/2019/20190501/43656.htm COMMERCE REAL ESTATE No. 43643 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: Section R162-2f-204 clarifies that for a licensee to renew on time without incurring a late fee, a licensee must complete all required continuing education credits prior to the 15th day of the month of license expiration; and establishes a mandatory three- hour CE course for all renewing licensees. Section R162-2f-206e requires that an instructor of the mandatory three-hour CE course certify by attending once every two years the instructor development workshop sponsored by the Division. Section R162-2f-401b increases the amount of a referral gift a licensee may pay for an unsolicited referral from $150 to $250, and increases the amount a property management company may pay an unlicensed employee or tenant from $200 to $250. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division has the staff and budget in place to administer these proposed amendments. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact that will affect those resources or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the Real Estate Licensing and Practices Rules. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to local governments. - SMALL BUSINESSES: All CE course providers have fewer than 50 employees and are therefore small businesses. CE course providers are not required to offer the proposed mandatory three hour CE course. Any CE provider who determines to offer the course will experience costs to develop and present the course curriculum. These development and presentation costs cannot be estimated and will be offset by additional revenue to the provider from students taking the course. The Division will provide a mandatory three CE course outline which will help to minimize the cost of developing the course curriculum. The proposed mandatory three hour CE course is expected to have a measurable fiscal impact on continuing education instructors who elect to certify as instructors of the mandatory three hour CE course. Under the proposed rule amendments, instructors of the mandatory three hour CE course would be required to certify to teach the course by attending the Instructor Development Workshop (IDW) once every two years. Instructors of other continuing education courses are not required to attend IDW. The cost of the IDW is $75 for each instructor. It is estimated that approximately 20 instructors will incur this cost each year (for a total yearly cost of $1,500). For 2019, the Division will provide an alternative training session for instructors of the mandatory three hour CE course at no cost to attendees as an alternative to attendance at IDW by course instructors. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments do not create new obligations for persons other than small businesses, businesses, or local government entities, nor does it increase the costs associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: If these proposed rule amendments become effective, all licensees will be required to complete the mandatory three hour CE course prior to renewing their license beginning 01/01/2020. Approximately 12,000 licensees renew their license each year. However, the mandatory three hour CE course hours qualify as three of the nine hours of core CE that all licensees must take in all events, so there will be no increased number of CE hours for any licensee. Therefore, the only cost increase for licensees would be if the cost of the mandatory three hour CE class is more than the cost of other core CE classes, a matter that at present has not been determined by providers of this training. The net cost/benefit to real estate licensees is expected to be approximately zero. Under the proposed rule, instructors of the mandatory three hour CE course would be required to certify to teach the course by attending the Instructor Development Workshop (IDW) once every two years. Instructors of other continuing education courses are not required to attend IDW. The cost of the IDW is $75 for each instructor. It is estimated that approximately 20 instructors will incur this cost each year (for a total yearly cost of $1,500). For 2019, the Division will provide an alternative training session for instructors of the mandatory three hour CE course at no cost to attendees as an alternative to attendance at IDW by course instructors. These costs to instructors who choose to certify to teach the mandatory three hour course are included above under other persons as these instructors are all categorized as small businesses. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: If the proposed rule amendments become effective, all licensees will be required to complete the mandatory three hour CE course prior to renewing their licensee beginning 01/01/2020. Approximately 12,000 licensees renew their license each year. However, the mandatory three hour CE course hours qualify as three of the nine hours of core CE that all licensees must take in all events, so there will be no increased number of CE hours for any licensee. Therefore, the only cost increase for licensees would be if the cost of the mandatory three hour CE class is more than the cost of other core CE classes, a matter that at present has not been determined by providers of this training. The net cost/benefit to real estate licensees is expected to approximate zero. CE course providers are not required to offer the proposed mandatory three hour CE course. Any CE provider who determines to offer the course will experience costs to develop and present the course curriculum. These development and presentation costs cannot be estimated and will be offset by additional revenue to the provider from students taking the course. The Division will provide a mandatory three CE course outline which will help to minimize the cost of developing the course curriculum. The proposed mandatory three hour CE course is expected to have a measurable fiscal impact on continuing education instructors who elect to certify as instructors of the mandatory three hour CE course. Under the proposed rule, instructors of the mandatory three hour CE course would be required to certify to teach the course by attending the IDW once every two years. Instructors of other continuing education courses are not required to attend IDW. The cost of the IDW is $75 for each instructor. It is estimated that approximately 20 instructors will incur this cost each year (for a total yearly cost of $1,500). For 2019, the Division will provide an alternative training session for instructors of the mandatory three hour CE course at no cost to attendees as an alternative to attendance at IDW by course instructors. There are no non-small businesses in the state of Utah that are engaged in conducting CE training. Therefore, there is no expected cost to non-small businesses as a result of these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43643.htm EDUCATION ADMINISTRATION No. 43654 (Amendment): R277-301. Educator Licensing. SUMMARY OF THE RULE OR CHANGE: These amendments to this rule require the Board to approve the pedagogical performance assessment standards established by the State Superintendent. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. They clarify that the standards for passing a pedagogical performance assessment as part of educator licensing must be approved by the Board. These changes will not have a fiscal impact because they will not bring in any revenue or cause additional expenditures to ensure the standards have been approved by the Board. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. They clarify that the standards for passing a pedagogical performance assessment as part of educator licensing must be approved by the Board. These changes will not have a fiscal impact because the pedagogical assessment is already in place and this clarification will not change anything for local education agencies (LEAs). - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to educator licensing and thus does not apply to small businesses since the Board is responsible for educator licensing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. They clarify that the standards for passing a pedagogical performance assessment as part of educator licensing must be approved by the Board. These changes will not have a fiscal impact because the pedagogical assessment is already in place and this clarification should not change anything for individuals seeking an educator license. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43654.htm No. 43657 (Amendment): R277-303. Educator Preparation Programs. SUMMARY OF THE RULE OR CHANGE: These amendments to this rule require the Board to approve the pedagogical performance assessment standards established by the Superintendent. In addition, these changes add an additional section of authority and clariy notice and appeal provision for educator preparation program applications that are denied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any substantive fiscal impact on state government revenues or expenditures. They clarify that the standards for passing a pedagogical performance assessment as part of educator licensing must be approved by the Board. They also outline an appeal process if the Superintendent denies an application for an educator preparation program. The educator preparation program may appeal to the Board in writing and the Board shall assign the appeal to a standing committee to make a recommendation to the full Board for final action. These changes will not have a fiscal impact on the Board because it will be handled in the capacity of existing meetings of the Board. Its fiscal impact on educator preparation programs, Utah universities and colleges, should not be substantial because it just requires a written appeal to be submitted to the Board which will only be necessary in the case of a denial and should not necessitate additional resources for educator preparation programs to comply with the requirement. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. They clarify that the standards for passing a pedagogical performance assessment as part of educator licensing must be approved by the Board. They also outline an appeal process if the Superintendent denies an application for an educator preparation program. The educator preparation program may appeal to the Board in writing and the Board shall assign the appeal to a standing committee to make a recommendation to the full Board for final action. These changes will not have a fiscal impact because they do not affect local education agencies or local governments more generally. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to educator preparation programs and thus does not apply to small businesses since the Board is responsible for establishing standards for educator preparation programs (programs run through Utah colleges and universities). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. They clarify that the standards for passing a pedagogical performance assessment as part of educator licensing must be approved by the Board. They also outline an appeal process if the Superintendent denies an application for an educator preparation program. The educator preparation program may appeal to the Board in writing and the Board shall assign the appeal to a standing committee to make a recommendation to the full Board for final action. These changes will not have a fiscal impact on other individuals because they apply to educator preparation programs and not individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43657.htm No. 43649 (Amendment): R277-406. Early Literacy Program and Benchmark Reading Assessment. SUMMARY OF THE RULE OR CHANGE: The changes in this rule include the amendment to the definition for "benchmark reading assessment". In Sections R77-406-3 and R277-406-4, unnecessary language is deleted and new clarifying language added. Also, dates are amended within this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. The funding for the program remains the same. This amendment removes language that is no longer applicable including: i) the DIBELS assessment name which is now called Acadience Reading; ii) the section of this rule that applied to LEAs not using a state-approved vendor since all LEAs are using a state- approved vendor moving forward; and iii) language for literacy plan approval for the 2018-2019 school year since it is no longer needed. Beginning in the 2019-2020 school year, some of the deadlines for LEAs related to literacy plans are extended which give LEAs more time, but this change will not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes may have a fiscal impact on local governments. They add language which explicitly states that "if an LEA fails to timely resubmit an acceptable plan by November 1, the LEA is not eligible for funding in the current school year." Thus, LEAs that fail to timely resubmit an acceptable literacy plan may lose program funding in the current school year. It is difficult to provide an estimate of what this fiscal impact might be because the Board does not know how many LEAs will need to resubmit their plan and of those that do need to resubmit, how many fail to do so in a timely manner. None of the other rule changes will have a fiscal impact. Most of the changes extend deadlines for LEAs to comply with literacy plan requirements which should help in assisting LEAs with meeting the required deadlines. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to early literacy plans submitted by LEAs and approved by the Board and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to early literacy plans submitted by LEAs and approved by the Board and thus does not apply to other individuals. 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43649.htm No. 43658 (Amendment): R277-417. Prohibiting LEAs and Third Party Providers from Offering Incentives or Disbursement for Enrollment or Participation. SUMMARY OF THE RULE OR CHANGE: Rule R277-417 is being amended to remove language referencing LEAs working with third party providers and eliminating Section R277-417-4 from this rule to create Rule R277-115. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. Section R277-417-4, which is marked for removal, was moved to its own rule, R277-115. The remainder of this rule is intact except for the addition of a definition for an educational good or service. Thus, there is no fiscal impact to the state from these changes. - LOCAL GOVERNMENTS: These rule changes are not expected to have a fiscal impact on local governments' revenues or expenditures. Section R277-417-4, which is marked for removal, was moved to its own rule, R277- 115. The remainder of this rule is intact except for the addition of a definition for an educational good or service. Thus, there is no fiscal impact to local governments from these changes. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. Section R277-417-4, which is marked for removal, was moved to its own rule, R277- 115. The remainder of this rule is intact except for the addition of a definition for an educational good or service. Thus, there is no fiscal impact to small businesses from these changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. Section R277-417-4, which is marked for removal, was moved to its own rule, R277-115. The remainder of this rule is intact except for the addition of a definition for an educational good or service. Thus, there is no fiscal impact to other individuals from these changes. 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43658.htm No. 43652 (Amendment): R277-463. Class Size Average and Pupil-Teacher Ratio Reporting. SUMMARY OF THE RULE OR CHANGE: There were minor language amendments to this rule in Section R277-463-5, deleting the word "shall" and replacing it with "by". 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. The only change in this rule is a wording clean-up so there are no substantive changes to this rule, and thus no fiscal impact. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures. The only change in this rule is a wording clean-up so there are no substantive changes to this rule, and thus no fiscal impact. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to class size averages and pupil-teacher ratio reporting and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. The only change in the rule is a wording clean-up so there are no substantive changes to this rule, and thus no fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This rule change 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43652.htm No. 43647 (Amendment): R277-480. Charter School Revolving Account. SUMMARY OF THE RULE OR CHANGE: Rule R277-480 has been amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, and language has been updated in Section R277-480-2 plus clarifying language has been added throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. Staff have reviewed this rule and determined that it continues to be necessary. This rule has been amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. None of these changes substantively change the process so there is no fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule has been amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. None of these changes substantively change the process so there is no fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the charter school revolving account and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures. This rule has been amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. None of these changes substantively change the process so there is no fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43647.htm No. 43648 (Amendment): R277-511. Academic Pathway to Teaching (APT) Level 1 License. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule add a sunset date of 06/30/2020 and establish a transition procedure for educators who may be in the Academic Pathway to Teaching (APT) licensing pipeline at the time this rule sunsets. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. In the Board's redesign of the educator licensing system, the need for this rule has been eliminated. Thus, these rule changes add a sunset date of 06/30/2020 and establish a transition procedure for educators who may be in the APT pipeline at the time the rule sunsets. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. In the Board’s redesign of the educator licensing system, the need for this rule has been eliminated. Thus, these rule changes add a sunset date of 06/30/2020 and establish a transition procedure for educators who may be in the APT pipeline at the time this rule sunsets. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to educator licensing and thus does not apply to small businesses since the Board is responsible for educator licensing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. In the Board's redesign of the educator licensing system, the need for this rule has been eliminated. Thus, these rule changes add a sunset date of 06/30/2020 and establish a transition procedure for educators who may be in the APT pipeline at the time the rule sunsets. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43648.htm No. 43651 (Amendment): R277-707. Enhancement for Accelerated Students Program. SUMMARY OF THE RULE OR CHANGE: This rule has been amended to include new language for a split approach to funding allocation for AP courses, and to clarify requirements to promote equity of access to Gifted and Talented, Advanced Placements and International Baccalaureate programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. This rule applies to the Enhancement for Accelerated Students program which is funded with a state appropriation and that is not affected by the changes in this rule. - LOCAL GOVERNMENTS: These rule changes will have a fiscal impact on local education agencies (LEAs). They change the funding distribution formula for the advanced placement program for LEA. Prior to the change, the funds were distributed based on advanced placement exams passed. With these rule changes, these funds will be distributed with 50 percent of the funds for exams passed and 50 percent for enrollment in AP classes. The total amount of funding going to LEAs for AP will remain the same, but some LEAs may receive more funding for AP and other LEAs may receive less funding for AP depending on enrollment and exams passed. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the Enhancement for Accelerated Students program which is state funded and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the Enhancement for Accelerated Students program which is state funded and thus does not apply to other individuals. 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43651.htm No. 43655 (New Rule): R277-926. Certification of Residential Treatment Center Special Education Program. SUMMARY OF THE RULE OR CHANGE: This rule is being created to provide a certification process for special education programs provided by residential treatment centers (RTC). A local education agency (LEA) in any state may send a student receiving special education to an RTC in Utah or other states for the purposes of fulfilling the IEP of a student. Several states including California and Illinois now require that an LEA only send a student to an out of state RTC if the receiving state's LEA has a certification process for the RTC's special education program. This rule creates that certification process for Utah RTCs and this rule will allow the Utah RTC's to continue to serve students from other states. 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. This rule is being created to provide a certification process for special education programs provided by RTCs. An LEA in any state may send a special education student to an RTC in Utah or other states for the purposes of fulfilling the IEP of a student. Several states including California and Illinois now require that an LEA only send a student to an out-of-state RTC if the receiving state's education agency has a certification process for an RTC's special education program. This rule creates that certification process for Utah RTCs. This proposed rule will not have a fiscal impact to the state because the Legislature appropriated funding to the Utah State Board of Education (Board) for RTC compliance during the 2019 General session. - LOCAL GOVERNMENTS: This proposed rule is not expected to have any fiscal impact on local governments' revenues or expenditures. This rule applies to RTCs and does not include an organization or agency that operates as a public agency or offers public service so it does not include local governments. - SMALL BUSINESSES: This proposed rule is not expected to have a fiscal impact on small businesses' revenues or expenditures. This rule is being created to provide a certification process for special education programs provided by RTCs. RTCs, some of which are small businesses, will need to apply for certification, but any fiscal impact from the application process is inestimable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to RTCs and a certification process through the Board and thus it does not have a fiscal impact on other entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There were no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule is not expected to have a fiscal impact on businesses' revenues or expenditures. This rule is being created to provide a certification process for special education programs provided by RTCs. RTCs will need to apply for certification, but any fiscal impact from the application process is inestimable. 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43655.htm INSURANCE ADMINISTRATION No. 43659 (Amendment): R590-146. Medicare Supplement Insurance Standards. SUMMARY OF THE RULE OR CHANGE: The revisions include: removal of the definition of creditable coverage; change the definition of issuer to singular, rather than plural; and add a definition for newly eligible. Effective 01/01/2020, Plan C is redesignated as Plan D; Plan F is redesignated as Plan G; and Plan F High Deductible is Redesignated Plan G High Deductible. These changes clarify that Plans C, F, and F High Deductible may not be offered to individuals newly eligible for Medicare on or after 01/01/2010, but may be continued to be offered to persons eligible for Medicare prior to 01/01/2020. These revisions create a new annual filing requirement: Annual Filing of Rate and Enrollment Data. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that an insurer who wishes to offer these redesignated plans will incorporate the revisions as part of their annual filing process, which will not increase the Insurance Department's (Department) workload, or affect the state budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule sets standards for specific Medicare supplement plans, but it does not require an insurer to offer the plans. If an insurer selects to offer the plans, the insurer will be required to file revisions to create the redesignated plans. There is not a filing fee for submission of the filing. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule sets standards for specific Medicare supplement plans, but it does not require an insurer to offer the plans. If an insurer selects to offer the plans, the insurer will be required to file the new plans with the Department. There is not a filing fee for submission of the filing. The new filing requirement for the Annual Filing of Rate and Enrollment Data is a simple spreadsheet. The information is not new data to be created, but rather a way to collect information in a uniform manner. There is not a filing fee associated with submission of the new filing requirement. 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43659.htm No. 43653 (Repeal): R590-218. Permitted Language for Reservation of Discretion Clauses. SUMMARY OF THE RULE OR CHANGE: This change repeals the rule because S.B. 135 passed during the 2018 General Session prohibits discretionary clauses in certain insurance contracts as set forth in Section 31A-21- 314. That change makes this regulation obsolete. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The repeal of this rule requires no action or compliance by any persons. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. The repeal of this rule requires no action or compliance by any persons. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The repeal of this rule requires no action or compliance by any persons. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons. The repeal of this rule requires no action or compliance by any other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. The repeal of this rule requires no action or compliance of any sort by any persons. 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 rule repeal 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43653.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends May 31, 2019. From the end of the 30-day waiting period through August 29, 2019, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. INSURANCE ADMINISTRATION No. 43486 (Change in Proposed Rule): R590-155. Utah Life and Health Insurance Guaranty Association Summary Document. SUMMARY OF THE RULE OR CHANGE: This change corrects the name of the Notice of Protection Provided by the Utah Life and Health Insurance Guaranty Association that includes text that must be disclosed to policy or contract holders regarding the insurer's contractual guarantees. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the February 15, 2019, issue of the Utah State Bulletin, on page 5. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. This change merely corrects the name of a form that is included in this rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This change merely corrects the name of a form that is included in this rule. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This change merely corrects the name of a form that is included in this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. This change merely corrects the name of a form that is included in this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. This change merely corrects the name of a form that is included in this 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 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43486.htm No. 43427 (Change in Proposed Rule): R590-277. Managed Care Health Benefit Plan Policy Standards. SUMMARY OF THE RULE OR CHANGE: This revision clarifies that an insurer may only exclude coverage for an insured's participation in an illegal activity if the insured is found guilty in a criminal proceeding, or liable in a civil proceeding. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the January 1, 2019, issue of the Utah State Bulletin, on page 33. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of health insurance contracts. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. If a local government plan offered their employees a self- funded health plan, this rule would not apply. If a local government plan offered their employees a fully insured health plan, it is not anticipated that there will additional costs or savings. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of health insurance contracts. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of contracts. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. Other than revisions to the illegal activities provision, this rule adopts standards that are currently required under an administrative rule that applies not only to managed care contracts, but also other types of contracts. All but one insurer reported no concerns with the changes to the illegal activities provision. That insurer provided only one example in which they currently were experiencing a loss of approximately $150,000. However, this loss is not applicable under this rule. It is for a self- funded plan, which is exempt from state law. Additionally, the insurer would have the ability to bring civil lawsuit in the situation to exclude the $150,000 claim, thereby completely avoiding payment of any claim, and having no cost impact under these rule changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The revisions to this rule are being filed timely so that affected persons are able to incorporate them into their annual filing process. 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 05/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43427.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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 43642 (5-year Review): R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. 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 sets forth the guidelines and requirements for health insurance coverage for contractors and subcontractors performing work for the state. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at cniederhauser@utah.gov - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Michael Kelley by phone at 801-538-3105, or by Internet E-mail at mkelley@agutah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@agutah.gov EFFECTIVE: 04/11/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43642.htm AGRICULTURE AND FOOD MARKETING AND DEVELOPMENT No. 43641 (5-year Review): R65-12. Utah Small Grains and Oilseeds Marketing Order. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department is in the process of reviewing this rule and assessing the continued need with producers. The Department is engaging with producers affected to determine the ongoing need for this marketing order, but at this time the Department needs to renew this rule until the discussions have been concluded. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Andy Pierucci by phone at 801-538-4913, or by Internet E-mail at apierucci@utah.gov - Holly Langton by phone at 801-867-0908, or by Internet E-mail at hlangton@utah.gov - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov EFFECTIVE: 04/11/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43641.htm EDUCATION ADMINISTRATION No. 43636 (5-year Review): R277-463. Class Size Average and Pupil-Teacher Ratio Reporting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it establishes uniform class size and pupil-teacher ratio reporting procedures, including definitions and codes. 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43636.htm No. 43637 (5-year Review): R277-472. Charter School Student Enrollment and Transfers and School District Capacity Information. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides procedures for students transferring between district public schools and charter schools; defines capacity in district public schools to allow for transfers into district schools from charter schools; and provides notice to parents and students of schools that have space available. 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43637.htm No. 43638 (5-year Review): R277-493. Kindergarten Supplemental Enrichment Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because this rule makes rules to establish reporting procedures, and administer the kindergarten supplemental enrichment program established in Section 53F-4-205. 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43638.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 43633 (5-year Review): R317-401. Graywater Systems. 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 was developed in response to a number of inquiries from the public and local health departments regarding the use, under certain conditions, of graywater originating from laundries, showers, tubs, and lavatories for subsurface irrigation. This rule sets out the requirements for use of graywater and is required for adequate protection of the state's water resources. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43633.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43634 (5-year Review): R414-14A. Hospice Care. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it sets forth eligibility, access, and coverage for Medicaid clients. The Department will also continue this rule because it includes provisions for concurrent care, in-home care, general care, respite care, continuous care, adult client rights, notices, discharge, payment, contracts, enrollment, marketing, and waivers. 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 EFFECTIVE: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43634.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43630 (5-year Review): R432-45. Nurse Aide Training and Competency Evaluation 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 Nurse Aide Training and Competency Evaluation Program is authorized by the Omnibus Budget Reconciliation Act of 1987 (OBRA), Pub. L. No. 100, 203, 101 Stat. 1330, Subsections 4211, (b)(5)(A)(B)(C)(D)(E)(F)(G), (e)(1)(2), f(2)(A)(B), which the Department of Health (Department) adopts and incorporates by reference. The purpose of this program is to allow a certified nurse aide (CNA) to provide quality nursing services to nursing facility residents. 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: 04/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43630.htm DISEASE CONTROL AND PREVENTION, MEDICAL EXAMINER No. 43631 (5-year Review): R448-10. Unattended Death and Reporting Requirements. 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 clarifies the definition if what is an "unattended death". This rule's provisions help assure that deaths which can be appropriately certified by a treating health practitioner do not unnecessarily come to the Office of the Medical Examiner for investigation, examination, and certification. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Emily Sagers by phone at 801-538-6180, by FAX at 801-538-6540, or by Internet E-mail at esagers@utah.gov EFFECTIVE: 04/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43631.htm No. 43632 (5-year Review): R448-20. Access to Medical Examiner Reports. 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 clarifies the definition of next-of-kin and/or a legal representative for the purposes of who may obtain records from the Office of the Medical Examiner. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Emily Sagers by phone at 801-538-6180, by FAX at 801-538-6540, or by Internet E-mail at esagers@utah.gov EFFECTIVE: 04/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43632.htm INSURANCE ADMINISTRATION No. 43627 (5-year Review): R590-93. Replacement of Life Insurance and Annuities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides consumer protection and sets minimum standards to be followed by producers and insurers during the replacement of life insurance policies and annuity contracts. This rule informs the consumer, who is contemplating replacing existing coverage, to think about the benefits that the old policy may provide over those in a new policy. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 04/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43627.htm No. 43628 (5-year Review): R590-98. Unfair Practice in Payment of Life Insurance and Annuity Policy Values. 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 to protect policyholders who request payment of life and annuity policy values. This rule requires a prompt response by a life insurance and annuity company to a policyholder's request for policy values. This rule limits the exercise of the statutory deferral option to situations in which the financial stability of the insurer is at risk. Some insurers think they can delay payment up to six months; however, such a delay must first be approved by the Insurance Commissioner. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 04/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43628.htm No. 43626 (5-year Review): R590-166. Home Protection Service Contract 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 was intended to be a temporary fix to a problem facing home warranty companies having problems finding reimbursement insurance. This rule was intended to be a stop-gap measure to allow them to provide "alternative security" for the warranties they issue until the reimbursement insurance market could be developed. This market has still not been developed to date, making it necessary to keep this rule in effect. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 04/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43626.htm No. 43625 (5-year Review): R590-190. Unfair Property, Liability and Title Claims Settlement Practices 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 is a critical guide for the insurance industry and their insureds to use in the claim settlement and complaint process for automobile, homeowners, and title policies. This rule must be continued to ensure such guidance is available to both consumers and the industry. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 04/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43625.htm No. 43629 (5-year Review): R590-191. Unfair Life Insurance Claims Settlement Practices 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 is a critical guide for the insurance industry and their insureds to use in the claim settlement and complaint process for life insurance policies. This rule must be continued to ensure such guidance is available to both consumers and the industry. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 04/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43629.htm MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 43645 (5-year Review): R628-19. Requirements for the Use of Investment Advisers by Public Treasurers. 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 describes the basic requirements for public treasurers to be aware of when they consider using an investment adviser to invest public funds. This rule describes the minimum standards that the treasurer needs to assure are in place with the investment adviser, such as certification of an adviser by the Council as described in Rule R628- 15, a written advisory services agreement, and the review of SEC form ADV Part II by the treasurer. The Council reviewed this rule in their February meeting and found it current, and noted that this rule needs to be in place as use of advisory services by public treasurers continues to grow. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 04/12/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43645.htm No. 43646 (5-year Review): R628-20. Foreign Deposits for Higher Education Institutions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Utah higher education institutions are opening campuses in other countries and have a need, either dictated by a grant or the country, to open bank accounts in those countries. This rule sets up guidelines to provide rating requirements for financial institutions in those countries, and also prohibits institutions that are subject to sanctions by regulatory bodies or are on a list of high risk jurisdictions. This rule also instructs the higher education institution to monitor the institution they are banking with and report semi-annually on their deposits with these institutions to the Council. Higher education has campuses in other countries so this rule needs to be continued. The Council reviewed the rule in their February meeting and agreed that it was current and needs to be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 04/12/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43646.htm No. 43644 (5-year Review): R628-21. Conditions and Procedures for the Use of Reciprocal Deposits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Council reviewed this rule for its continuation in their monthly meeting, and agreed that it needs to be in place as the instrument is allowed in statute and is directed to rules to provide additional criteria for the investment of public funds in this type of investment. This rule provides the conditions for the use of reciprocal deposits by public treasurers. This includes limits on the amount of public funds a entity may place in the deposits and that the entity must report the amount of public funds they have in these deposits to the Council semi-annually. This rule also requires that the provider of these reciprocal deposits to maintain errors and omission insurance coverage, and also that the provider report these deposits to the Department of Financial Institutions. This provides additional layers of protection for Utah public funds. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 04/12/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43644.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 43639 (5-year Review): R657-62. Drawing Application Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-62 provides the authority, standards, and procedures for accepting applications for wildlife drawings. Continuation of this rule is necessary for continued success with the annual drawings. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 04/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190501/43639.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. 43522 (AMD): R156-15A.State Construction Code Administration and Adoption of Approved State Construction Code Rule Published: 03/01/2019 Effective: 04/08/2019 EDUCATION ADMINISTRATION No. 43511 (REP): R277-117.Utah State Board of Education Protected Documents Published: 03/01/2019 Effective: 04/08/2019 No. 43512 (AMD): R277-400.School Facility Emergency and Safety Published: 03/01/2019 Effective: 04/08/2019 No. 43532 (AMD): R277-407.School Fees Published: 03/01/2019 Effective: 04/08/2019 No. 43515 (NEW): R277-483.LEA Reporting and Accounting Requirements Published: 03/01/2019 Effective: 04/08/2019 No. 43516 (AMD): R277-486.Professional Staff Cost Program Published: 03/01/2019 Effective: 04/08/2019 No. 43531 (AMD): R277-495.Required Policies for Electronic Devices in Public Schools Published: 03/01/2019 Effective: 04/08/2019 No. 43519 (AMD): R277-704.Financial and Economic Literacy: Integration into Core Curriculum and Financial and Economic Literacy Student Passports Published: 03/01/2019 Effective: 04/08/2019 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 43530 (AMD): R313-28-31.General and Administrative Requirements Published: 03/01/2019 Effective: 04/15/2019 WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 43529 (AMD): R315-15-14.DIYer Reimbursement Published: 03/01/2019 Effective: 04/15/2019 No. 43526 (AMD): R315-260.Hazardous Waste Management System Published: 03/01/2019 Effective: 04/15/2019 No. 43527 (AMD): R315-261.General Requirements -– Identification and Listing of Hazardous Waste Published: 03/01/2019 Effective: 04/15/2019 No. 43528 (AMD): R315-262.Hazardous Waste Generator Requirements Published: 03/01/2019 Effective: 04/15/2019 HUMAN SERVICES CHILD AND FAMILY SERVICES No. 43518 (AMD): R512-43.Adoption Assistance Published: 03/01/2019 Effective: 04/08/2019 PUBLIC SAFETY FIRE MARSHAL No. 43455 (NEW): R710-12.Hazardous Materials Training and Certification Published: 01/15/2019 Effective: 04/09/2019 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/ . <> ----------------------------