---------------------------- Utah State Digest, Vol. 2019, No. 10 (May 15, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed April 16, 2019, 12:00 AM through May 1, 2019, 11:59 PM Volume 2019, No. 10 May 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 June 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/2019/20190515/sn161132.htm 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/2019/20190515/sn161152.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 16, 2019, 12:00 a.m., and May 1, 2019, 11:59 p.m. are summarized in this, the May 15, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the May 15, 2019, issue of the Utah State Bulletin until at least June 14, 2019 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through September 12, 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. AGRICULTURE AND FOOD PLANT INDUSTRY No. 43684 (New Rule): R68-27. Cannabis Cultivation. SUMMARY OF THE RULE OR CHANGE: This proposed rule sets forth the licensing requirements for those interested in competing for a cannabis cultivation facility license. It establishes the facility requirements, as well as the additional requirements for the operation plan. This proposed rule establishes minimum requirements for storage and handling of cannabis and the uses and storage of pesticides, fertilizers, and other agricultural chemicals that may be used in the facility. In addition, this proposed rule establishes violation categories with the range of fines that may be assessed for violations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As this is a new program, the state will have the significant startup cost of hiring personnel and buying equipment necessary to effectively run the medical cannabis program. The Department of Agriculture and Food (Department) will need to hire and train employees to inspect these facilities. In addition to inspectors, the Department will need to hire administrative staff to help issue the agent registration cards, to do background checks for all employees, and those with 2% or greater financial or voting interest in the cannabis cultivation facility. The inspector will need to be out doing quarterly inspections of the facility and will need the equipment necessary to conduct the inspection. In total the cost of the employees is estimated at $360,449.57 for the first year. In addition to the cost of the employees there is $35,000 cost for the equipment and training for these employees to effectively regulate this product. Transportation cost are anticipated at $3,600. Additionally, the Department will need to help with the purchase and upkeep of the electronic verification system as required by Title 4, Chapter 41a. The Department anticipates contributing at least $165,000 to maintaining the system as it is key to the program. Total cost in the first year are than anticipated to be $563,549.57. In the second year, the Department anticipates that cost will stay much the same with a slight increase in the amount of inspections that are necessary as more of the facilities reach their capacity. There will need to be increased time spent on reviewing records for pesticide or fertilizer use, as well as maintaining of records in the inventory control systems and electronic verification system. Due to the increased review of records and inspections, the cost of employees will be $364,816.52. The other cost will remain the same. The total cost of the second year is anticipated to be $567,916.52. It may be necessary to hire more inspectors as the program grows in the third year, but the Department anticipates that the cost for the program will remain similar to the second year in the third year. The Department anticipates an application fee of $10,000 for each applicant. In addition, the successful cannabis cultivation facility will have a $100,000 licensing fee. By statute, the Department may not issue more than ten cannabis cultivation licenses. While the Department cannot anticipate the number of entities who will apply for a license, it is anticipated that there will be at least ten interested parties. Thus, the amount of revenue generated could be at least $1,100,000 in application and licensing fees for the first year. The licensee will not have to pay the application fee after having successfully received a license. The revenue for years two and three will decreased to $1,000,000. - LOCAL GOVERNMENTS: Local governments may experience an increase in law enforcement cost do to the nature of the crop being grown. However, the Department cannot adequately estimate the cost or benefits to local governments. - SMALL BUSINESSES: This rule allows for the growth of a controlled substances in the state of Utah. This is a new and controlled industry in the state. As it has not been allowed before, the proposed rule does not place any additional cost to the business aside from the anticipated application fee of $10,000 and the licensing fee of $100,000. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule allows for the growth of medical cannabis in the state. It will allow for qualified patients to have access to a quality-controlled product. However, due to the nature of the industry, it is impossible for the Department to estimate the costs or benefits to the consumer. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a $10,000 application fee for all those who chose to apply for a license. Those who are awarded the license will then have a $100,000 licensing fee. Due to this being a controlled substance and still federally illegal, there has been no prior legal growing in the state. Therefore, the only cost to the affected persons is the application and licensing fees. All other costs are the costs of engaging in the growing of medical cannabis. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This is a newly created program which will allow the growth of a controlled substance for medical use. It is necessary for the Department to ensure the safe growing, processing, and transportation of this product for the safety of the qualified patients. The application and licensing fees are necessary for the department to run the program effectively to ensure that qualified patients receive a quality product. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/05/2019 02:00 PM, Dept. of Agriculture and Food, 350 North Redwood Road, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43684.htm EDUCATION ADMINISTRATION No. 43683 (Amendment): R277-493. Kindergarten Supplemental Enrichment Program. SUMMARY OF THE RULE OR CHANGE: The amendments to Section R277-493-4 provide greater specificity of the criteria by which an LEA receiving funding through the kindergarten supplemental enrichment program will be judged. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule change are not expected to have a fiscal impact on state government revenues or expenditures. These rule changes provide greater specificity of the criteria by which a LEA receiving funding through the kindergarten supplemental enrichment program will be judged. These amendments are intended to provide high standards to LEAs, which must share in a limited pool of available funding. Eligible schools that received program funds for the 2018-19 school year may reapply to receive program funds for the 2019-20 school year if the eligible school performs better than the state average in at least three of the four performance measures outlined in Subsection R277-493-4(1). An eligible school that does not meet the performance standards outlined in Subsection R277-493-4(2)(a) may not apply for program funds for the 2019-20 school year. The funding for the program remains the same so this change will not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes may have a fiscal impact on local governments' revenues or expenditures. These rule changes provide greater specificity of the criteria by which a LEA receiving funding through the kindergarten supplemental enrichment program will be judged. These amendments are intended to provide high standards to LEAs, which must share in a limited pool of available funding. Eligible schools that received program funds for the 2018-19 school year may reapply to receive program funds for the 2019-20 school year if the eligible school performs better than the state average in at least three of the four performance measures outlined in Subsection R277-493-4(1). An eligible school that does not meet the performance standards outlined in Subsection R277-493- 4(2)(a) may not apply for program funds for the 2019-20 school year. The overall funding for the program remains the same. However, depending on student performance, some LEAs currently receiving funding may not be eligible for funding for the 2019-2020 school year. Performance data is not available yet so the specific fiscal impact to LEAs cannot be estimated yet. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the kindergarten supplemental enrichment program which is a state program funded from the Education Fund and Temporary Assistance for Needy Families (TANF) Reserve funds, 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 kindergarten supplemental enrichment program which is a state program funded from the Education Fund and TANF Reserve funds, 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 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43683.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43660 (Repeal and Reenact): R392-110. Food Service Sanitation in Residential Care Facilities. SUMMARY OF THE RULE OR CHANGE: This rule establishes minimum standards for the sanitation, operation, and maintenance of food service sanitation in residential care facilities, and provides for the prevention and control of health hazards associated with residential care facilities that are likely to affect public health including risk factors contributing to injury, sickness, death, and disability. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing and reenacting Rule R392-110 will not result in a cost or benefit to the state budget because the reenacted rule does not require a change to state operations, programs, or procedures and it does not include requirements for the payment of fines or fees to any state agency. - LOCAL GOVERNMENTS: Repealing and reenacting Rule R392-110 will not result in a direct cost or benefit to local governments because no construction, equipment, or operational changes are required by this rule. The reenacted rule does not include requirements for a permit or permit fee. A local health officer may conduct an inspection of the facility at the request of the facility owner or operator. The reenacted rule makes a provision for local governments to assess an inspection fee to offset the cost of the inspection. These inspections have already been taking place prior to enactment of this rule modification. Inspection frequency is not specified in this rule, as inspections will be conducted by request only. - SMALL BUSINESSES: Repealing and reenacting Rule R392-110 will not result in a direct cost or benefit to small businesses because no construction, equipment or operational changes are required by this rule. Any currently licensed residential care facility has already received an inspection and paid the associated fee as a requirement of licensure. Thus, the inspection fee described in Subsection R392-110-4(1) in the reenacted rule is not a new cost to small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing and reenacting Rule R392-110 will not result in a direct cost or benefit to any one specific person, as defined. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons are as follows. State: Utah Department of Health; Utah Department of Human Services. There are no compliance costs for the affected persons. Local Governments: 13 local health departments. There are no compliance costs for the affected persons. Small businesses: public businesses such as residential treatment programs, residential support programs, recovery residences, and certified or licensed child care facilities, including residences, that provide care for 16 or fewer children. There are no compliance costs for the affected persons. Persons: No specific person will be affected by this rule, therefore, there are no compliance costs for the affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact because no construction, equipment or operational changes are required. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43660.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43687 (Amendment): R414-401. Nursing Care Facility Assessment. SUMMARY OF THE RULE OR CHANGE: In Subsection R414-401-3(2), every nursing facility is assessed at the uniform rate of $24.61 per patient day, which is an increase from the previous $23.04 per patient day assessment, based upon projected days. In Subsection R414-401-3(2), ICFs/IID are assessed at the uniform rate of $8.28 per patient day, which is a decrease from the previous $9.71 per patient day assessment, based upon projected days. These updates are based on estimates of patient days for SFY 2020 and the appropriation amounts. This amendment also updates facility reporting requirements, specifies remittance deadlines and procedures, and clarifies penalties for failure to pay within specified time periods. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The update to the assessment rates is anticipated to be state budget neutral as it does not impact general funds. Additionally, there are no costs or savings associated with reporting requirements, as nursing care facilities and ICFs/IID already track census data for billing and reimbursement purposes. - LOCAL GOVERNMENTS: Local governments that own nursing care facilities or have swing bed facilities would see an increase in the assessment cost, but would also realize increased revenues as a result of the higher rates that will be paid. Therefore, it is estimated that local government will realize an additional $984,510 in costs; however, would realize approximately $2,943,135 in additional revenues. Additionally, there are no costs or savings associated with reporting requirements, as nursing care facilities and ICFs/IID already track census data for billing and reimbursement purposes. - SMALL BUSINESSES: Small businesses that own nursing care facilities would see an increase in the assessment cost, but would also realize increased revenues as a result of the higher rates that will be paid. Therefore, it is estimated that small businesses will realize an additional $218,780 in costs; however, would realize approximately $654,030 in additional revenues. ICFs/IID will realize a decreased cost based upon the decrease in the assessment rate. Inasmuch as patient days are variable, it is not possible to determine the decreased cost that will be realized by these facilities. Additionally, there are no costs or savings associated with reporting requirements, as nursing care facilities and ICFs/IID already track census data for billing and reimbursement purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Businesses that own nursing care facilities or have swing bed facilities would see an increase in the assessment cost, but would also realize increased revenues as a result of the higher rates that will be paid. Therefore, it is estimated that businesses will realize an additional $984,510 in costs; however, would realize approximately $2,943,135 in additional revenues. ICFs/IID will realize a decreased cost based upon the decrease in the assessment rate. Inasmuch as patient days are variable, it is not possible to determine the decreased cost that will be realized by these facilities. Additionally, there are no costs or savings associated with reporting requirements, as nursing care facilities and ICFs/IID already track census data for billing and reimbursement purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs include an increased collection of $1.57 per non-Medicare patient day from each nursing facility, and a decrease of $1.43 per qualifying patient day for an ICF/IID. The overall gain for nursing each Medicaid-certified nursing facility depends on the size of the facility and the patient days provided. At a high level, an average facility could realize an increase in revenues of approximately $50,610 per year. In addition, there would be an increase in costs to non-Medicaid-certified facilities as those facilities would be assessed the higher amount, and would not realize any payments from Medicaid. The average non-Medicaid-certified nursing facility would pay an additional $909 per year in assessment. Moreover, a nursing care facility or ICF/IID will not see costs associated with reporting requirements, as these facilities already track census data for billing and reimbursement purposes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses may see both an increase and decrease in costs due to the assessment rates, but it is not possible to provide an estimate due to the variability of patient days. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43687.htm No. 43688 (Amendment): R414-510. Intermediate Care Facility for Persons with Intellectual Disabilities Transition Program. SUMMARY OF THE RULE OR CHANGE: This amendment spells out criteria and procedures to admit individuals into the ICF Transition Program. Specifically, it lists the priority of admission for individuals who are both over and under 22 years of age, and outlines provisions of education for individuals who reside in ICFs and may want to receive HCBS, and for those considering admission to ICFs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: By fiscal year (FY) 2024, there is an annual cost of $22,501,000 to implement the new ICF/Transition Program requirements. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not participate in the operation of the ICF Transition Program. - SMALL BUSINESSES: Small businesses that provide HCBS may see an increase of $29,955,000 in revenue by FY 2024 as more individuals gain access to HCBS, but small businesses that own ICFs will experience decreased revenue as individuals move out of ICFs and into HCBS. The loss in revenue is estimated to be approximately $8,065,000 by FY 2024. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers that provide HCBS may see a portion of $29,955,000 in revenue by FY 2024 as more individuals gain access to HCBS, but businesses that own ICFs will experience decreased revenue as individuals move out of ICFs and into HCBS. The loss in revenue is estimated to be approximately $8,065,000 by FY 2024. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single entity that provides ICF services will experience decreased revenue as individuals move out of ICFs and into HCBS. The loss in revenue depends on the number of individuals who move out, and is estimated to be a portion of $8,065,000. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Some businesses may see an increase in revenue as more individuals have access to HCBS, while others will experience decreased revenue as individuals move from ICFs into HCBS. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43688.htm No. 43689 (New Rule): R414-522. Electronic Visit Verification Requirements for Personal Care and Home Health Care Services. SUMMARY OF THE RULE OR CHANGE: This rule outlines EVV provisions for personal care services and home health care services that require an in- home visit by a provider. Specifically, the rule requires record availability upon request, lists the types of data that an EVV system must include, ensures the system complies with federal privacy standards, sets forth Department audit procedures, and spells out provisions for disallowances. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Due to post-payment audit requirements, the state may see costs associated with increased staffing necessary to perform audit work should existing resources not be sufficient. Post-payment review costs and other state costs may reach $314,000 in total funds by state fiscal year (SFY) 2021. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not furnish the types of services identified in the rule. - SMALL BUSINESSES: Small businesses incur additional costs if they perform the personal care and home health care services described in the rule, and need to develop or purchase software or equipment to meet the EVV requirements to contract with another entity. Small businesses would incur a share of the $627,000 estimated impact by SFY 2021. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Businesses and Medicaid providers incur additional costs if they perform the personal care and home health care services described in the rule, and need to develop or purchase software or equipment to meet the EVV requirements to contract with another entity. These businesses would incur a share of the $627,000 estimated impact by SFY 2021. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single person, organization, or business may see a share of the estimated impact of $627,000 in total funds by SFY 2021. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This unfunded federal mandate is estimated to increase costs for the State and for businesses by $941,000 by FY 2021. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43689.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 43670 (Amendment): R477-1. Definitions. SUMMARY OF THE RULE OR CHANGE: These changes: 1) revise the definition of Administrative Adjustment to better reflect practices in Subsection R477-1-1(6); 2) rename the Detailed Position Record Management Report to Position Management Report in Subsection R477-1-1(33); 3) revise and update citations to multiple employment laws in Subsections R477-1-1(41), R477-1-1(43), R477-1-1(53), R477-1-1(54), and R477-1-1(56); 4) clarify that the rule is adding relations to Employee's Family Member that are not included in statute in Subsection R477-1-1(46); and 5) revise the Post Accident Drug and Alcohol Test to clarify policy in Subsection R477- 1-1(89). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43670.htm No. 43671 (Amendment): R477-4. Filling Positions. SUMMARY OF THE RULE OR CHANGE: These changes clarify management responsibilities when filling positions at Subsection R477-4-1(2), and the requirement for background checks for certain positions in Subsection R477-4-2(6). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43671.htm No. 43672 (Amendment): R477-5. Employee Status and Probation. SUMMARY OF THE RULE OR CHANGE: These changes remove language from Subsection R477-5-1(3) which imposes a requirement that is not possible under two of the three conditions, and adding "public" to Subsection R477-5-1(3)(b). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43672.htm No. 43673 (Amendment): R477-6. Compensation. SUMMARY OF THE RULE OR CHANGE: These changes specifically outline what occurs with an employees wage at the beginning of a career mobility assignment in Subsection R477-6-6(10). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43673.htm No. 43674 (Amendment): R477-7. Leave. SUMMARY OF THE RULE OR CHANGE: These changes make a grammatical correction for clarity in Subsection R477-7-3(1), clarify use of administrative leave in Subsection R477-7-7(6), implement the requirements of H.B. 173 (2019) in Subsection R477-7-11(2), makes a readability revision in Subsection R477-7-13(3), adds a missing article in Subsection R477-7-14(1)(b)(ii), makes workweek into one word in Subsection R477-7-15(1), eliminates the requirement for written application for FMLA in Subsection R477-7-15(6), clarifies provisions related to FMLA use in Subsection R477-7-15(8), clarifies conditions under which employees on long term disability may return to work in Subsection R477-7-17(3), and corrects a numbering error in Section R477- 7-19. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43674.htm No. 43675 (Amendment): R477-8. Working Conditions. SUMMARY OF THE RULE OR CHANGE: These changes make "workweek" one word in Section R477-8-1 (two places), clarify requirements when an employee is late for work in Subsection R477-8-1(4), clarify telecommuting requirements in Subsection R477-8-2(1)(b), remove unnecessary requirements in Subsection R477-8-2(1)(e) and Subsection R477-8-3(4), allow agency head to designate a decision maker on pay out of excess leave in Subsection R477-8-13(1)(e)(iii), and clarify timing of notice in Subsection R477-8-18(1)(a). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43675.htm No. 43676 (Amendment): R477-9. Employee Conduct. SUMMARY OF THE RULE OR CHANGE: These changes clarify expectations regarding reporting of employee impairment in the workplace in Subsection R477-9-1(1)(a)(iii), make listing and grammar corrections in Subsections R477-9-1(1) and (3), and update a citation to an executive order in Subsection R477-9-4(6). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43676.htm No. 43677 (Amendment): R477-11. Discipline. SUMMARY OF THE RULE OR CHANGE: These changes: 1) correct a citation error in Section R477-11-2; 2) remove provisions in conflict with statute in Subsection R477-11-2(2)(b); and 3) remove duplicated provisions in Subsection R477-11-2(3). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43677.htm No. 43678 (Amendment): R477-12. Separations. SUMMARY OF THE RULE OR CHANGE: These changes clarify abandonment of positions provisions in Section R477-12-2, and remove provisions which are inconsistent with statute in Subsection R477-12-3(2)(a). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43678.htm No. 43679 (Amendment): R477-13. Volunteer Programs. SUMMARY OF THE RULE OR CHANGE: This change clarifies when an employee may or may not volunteer in Subsection R477-13-1(4). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43679.htm No. 43669 (Amendment): R477-14. Substance Abuse and Drug-Free Workplace. SUMMARY OF THE RULE OR CHANGE: The changes: 1) incorporate the Utah Medical Cannabis Act in Subsections R477-14-1(1), R477-14-1(3), and R477- 14-2(2); 2) update citations found in Subsections R477-14-1(1) and R477- 14-1(11); 3) modify policy to focus on preventing impairment in the workplace throughout Section R477-14-1; 4) modify the cutoff level for blood alcohol concentration (BAC) for non-safety sensitive positions in Subsection R477-14-1(12); 5) make organizational changes shifting content from the end of Section R477-14-1 into Section R477-14-2 and reorganizing that section for clarity; 6) revise provisions regarding rehabilitation in Subsection R477-14-2(3) and Section R477-14-3; and 7) revise Subsection R477-14-2(5) for clarity. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43669.htm No. 43680 (Amendment): R477-15. Workplace Harassment Prevention. SUMMARY OF THE RULE OR CHANGE: These changes: 1) clarify the intent of the rule in Section R477-15-1; 2) correct grammatical errors in Subsection R477-15-1(2)(b) and Subsection R477-15-6(1)(d); and 3) update a citation to an executive order. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. 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. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/28/2019 10:00 AM, Senate Building, 420 N State Street, Kletting Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43680.htm HUMAN SERVICES ADMINISTRATION No. 43690 (Amendment): R495-885. Employee Background Screenings. SUMMARY OF THE RULE OR CHANGE: This amendment, in accordance with the Subsection R501-14-3(4), adds the requirement for state employees applying to work in a youth residential program to obtain out of state child abuse and neglect registry records from each state they have resided in during the past five years. Further rule changes are associated with this requirement. (EDITOR'S NOTE: The proposed amendment to Rule R501-14 is under Filing No. 43691 in this issue, May 15, 2019, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state of Utah will not incur any costs with this change due to the fact that the employee applicants who have resided out of state in the past five years will be responsible for incurring the cost of obtaining their own registry checks from other states. - LOCAL GOVERNMENTS: This rule only governs the Department of Human Services (DHS) employees. There is no anticipated cost or savings to local governments. - SMALL BUSINESSES: This rule only governs DHS employees. There is no anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is impossible to estimate how many employees applying to work in youth residential settings have lived out-of-state within the past five years. The employees will be held responsible for any fees associated with the cost (if any). The cost is inestimable as a result of not knowing how many individuals will apply and from which states (if any) they have resided in the past five years. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs will depend on each and amount of states lived in over the past five years. The cost is inestimable as a result of not knowing how many individuals will apply and from which states (if any) they have resided in the past five years. The cost is estimated to be negligible as many states don't charge fees or haven't implemented fees to accommodate this federal legislation 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 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 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43690.htm ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 43691 (Amendment): R501-14. Human Service Program Background Screening. SUMMARY OF THE RULE OR CHANGE: This amendment adds the following definitions for clarification: Applicant, Harm, OL (Office of Licensing within the Department of Human Services), and Youth Residential Program. In regards to the background screening procedure, this amendment adds the requirement of an applicant applying to work in a youth residential program who has resided outside of the state of Utah in the past five years to provide a child abuse and neglect registry record for each state in which the applicant has resided in that time. Further provisions to this requirement are included throughout this amendment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact to the state budget. The change deals with non-state employees working in youth residential programs and those applying to work in these programs. - LOCAL GOVERNMENTS: It is not anticipated that local governments see any fiscal impact from these changes. The change to the applicants back ground screening application will not impact local governments. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on any youth residential programs, as it places the responsibility for compliance on the applicants and not the businesses. Businesses have discretion to either supervise these employees until their clearances are completed (which is currently the process for all background screening applicants in all Department of Human Services (DHS) licensed settings) or not hire individuals who will experience delays in obtaining those registry checks as part of their background screenings or employment. In an effort to assist these providers and their potential employees, the Office of Licensing has compiled a comprehensive list of contacts and processes for applicants to follow to obtain these rule- required registry checks in every state across the country. This reference guide is posted on the OL website and is referenced in rule and on the screening application forms for further convenience to providers. This rule acknowledges potential long delays in obtaining out-of-state registry checks and will allow conditional clearance under strict circumstances that protect the vulnerable population served and meet the federal and state statutory mandates while assisting the program in meeting staffing needs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is impossible to estimate how many employees applying to work in youth residential settings have lived out-of-state within the past five years. The employees will be held responsible for any fees associated with the cost (if any). The cost is inestimable as a result of not knowing how many individuals will apply and from which states (if any) they have resided in the past five years. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs will depend on each state and amount of states lived in over the past five years. The cost is inestimable as a result of not knowing how many individuals will apply and from which states (if any) they have resided in the past five years. The cost is estimated to be negligible, as many states don't charge fees or haven't implemented fees to accommodate this federal legislation 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 this proposed rule will not result in a fiscal impact to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43691.htm INSURANCE ADMINISTRATION No. 43694 (Amendment): R590-186. Bail Bond Surety Business. SUMMARY OF THE RULE OR CHANGE: The changes are as follows: 1) initial and renewal licenses can be obtained by submitting to the Department an application, proof that statutory financial requirements are met, and an application fee; and 2) when the Department completes an investigation of a possible code violation, it will report its findings and recommended disposition to the Board which will then provide input, and after receiving this input, the Department makes the final decision on disposition. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is expected that the state will see some savings because the Department will spend less time reviewing initial and renewal applications, and will require fewer steps in the process for the Bail Bond Board review of Department investigations. However, the potential savings cannot be calculated with any reasonable certainty. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments because the rule solely applies to the interactions between the Department and its licensees. - SMALL BUSINESSES: Bail bond agencies should see some savings because they will spend less time preparing applications for an initial license and at renewal. The amount of savings cannot be determined with any reasonable certainty. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings for any other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected 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 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 06/14/2019 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: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43694.htm No. 43693 (Amendment): R590-238-4. Annual Reporting Requirements. SUMMARY OF THE RULE OR CHANGE: Before the 2019 General Session, Subsection 31A-37-501(2)(a) required the signature of one executive officer on a captive insurance company's annual report. Under the 2019 amendment that was included in HB 55, at least two executive officers and a captive insurance company manager or his or her representative must sign. The proposed rule change eliminates the requirement that one executive officer sign and adds a requirement that two executive officers and a captive insurance company's manager or his or her representative must sign. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. These changes do not alter the Insurance Department's workload and will not result in any change to the budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This rule governs the interactions between the Insurance Department (Department) and its licensees, and does not involve local governments in any way. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The only change is to the people who must sign a captive insurer's annual report. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The only change is to the people who must sign a captive insurer's annual report. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. The only change is to the people who must sign a captive insurer's annual report. 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 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 06/14/2019 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: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43693.htm No. 43692 (Amendment): R590-268. Small Employer Stop-Loss Insurance. SUMMARY OF THE RULE OR CHANGE: These changes incorporate a standardized annual experience reporting template by reference, changes the content that is required as part of the annual experience reporting, remove references to the Standard Application that is no longer required, update the instructions and publication date of the disclosure statement, and make grammatical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. While these rule changes are intended to standardize the content in the annual experience reporting and make the data easier to aggregate, the the decrease in time spent aggregating will be negligible. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. These rule changes govern the relationship between the Insurance Department (Department) and the insurers that it licenses and will not affect local governments. - SMALL BUSINESSES: A negligible cost could result to small businesses if stop-loss insurers pass the cost of compliance on as part of the administrative expense portion of the stop-loss premium. The Department anticipates that this would be a negligible amount per employer, but cannot reasonably estimate the fiscal impact this may have per employer. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Insurers offering small employer stop-loss coverage may have a small implementation cost to output the experience into the experience template format. The Department anticipates a conservative cost per insurer to be 40 hours for a single employee performing the implementation at $75 per hour (or $3,000 per insurer). COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department anticipates a conservative cost per insurer to be 40 hours for a single employee performing the implementation at $75 per hour (or $3,000 per insurer). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: A stop- loss insurer may pass the cost of implementation on to small employers as part of the administration portion of their premium. The Department anticipates that this would be a negligible amount per employer, but cannot reasonably estimate the fiscal impact this may have per employer. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Based on the number of small employers engaged with stop-loss insurers in 2017, the Department estimates 185 small employers could be affected. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Based on the number of small employers engaged with stop-loss insurers in 2017, the Department estimates 185 small employers could be affected. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The cost would be one-time. The Department estimates conservatively $3,000 per insurer, with 7 entities currently offering in the small employer stop-loss market and spread among 185 small employers. Or, approximately $114 per small employer with stop-loss coverage. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: This analysis represents the Department's best estimate of the fiscal impact that this rule may have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 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: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43692.htm No. 43695 (Amendment): R590-278. Consent Requests Under 18 USC 1033(e)(2). SUMMARY OF THE RULE OR CHANGE: These rule changes set forth that a party may request reconsideration of an administrative hearing decision. The petitioner bears the burden of production of evidence and the burden of persuasion in an administrative hearing that addresses a request for consent. The decision-maker may consider the following factors: 1) if the petitioner intends to apply for an insurance license, the duties of a holder of that type of license; 2) the extent to which the petitioner, if granted a license, will work under the supervision of another licensee or another person; 3) the petitioner's trustworthiness in employment, community service or other endeavors since the most recent conviction; 4) whether the petitioner has had a license or certification revoked; and 5) whether another jurisdiction has denied the petitioner's request for consent. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. These rule changes set forth additional responsibilities and factors that must be taken into account by an individual making a consent request. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. These rule changes set forth additional responsibilities and factors that must be taken into account by an individual making a consent request. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. These rule changes set forth additional responsibilities and factors that must be taken into account by an individual making a consent request. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. These rule changes set forth additional responsibilities and factors that must be taken into account by an individual making a consent request, but none of these factors have any associated costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. These rule changes set forth additional responsibilities and factors that must be taken into account by an individual making a consent request, but there are no costs associated with any of them. 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 06/14/2019 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: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43695.htm No. 43696 (New Rule): R590-281. License Applications Submitted by Individuals Who Have a Criminal Conviction. SUMMARY OF THE RULE OR CHANGE: To be eligible to apply for an insurance license, an individual who has been convicted of or pleaded no contest to any felony, or to a misdemeanor involving fraud, misrepresentation, theft, or dishonesty must have first: 1) paid all fines and restitution; and 2) waited a specified period of time based on the type of conviction. An individual who has been convicted of violating 18 U.S.C. Sec. 1033, or who has been convicted of a felony involving dishonesty or breach of trust, may not apply for a license without obtaining written consent to engage or participate in the business of insurance as provided in Section R590-278-1 et seq. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. This rule merely codifies an informal practice that the Insurance Department (Department) has used when considering approving a license for an individual who has a criminal conviction. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This rule merely codifies an informal practice that the Department has used when considering approving a license for an individual who has a criminal conviction. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule merely codifies an informal practice that the Department has used when considering approving a license for an individual who has a criminal conviction. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. This rule merely codifies an informal practice that the Department has used when considering approving a license for an individual who has a criminal conviction. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for any affected persons. This rule does not represent a change in how the Department conducts its business; this rule is similar to informal practices that the Department has followed for many years. 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 06/14/2019 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: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43696.htm PUBLIC SAFETY EMERGENCY MANAGEMENT No. 43668 (Amendment): R704-1. Search and Rescue Financial Assistance Program. SUMMARY OF THE RULE OR CHANGE: Within the Search and Rescue Financial Assistance Program, there are two proposed changes. First, updating the definition for "family" pertaining to the Utah Search and Rescue Assistance Card program. This change was suggested by the Utah Search and Rescue Advisory Board which oversees the Search and Rescue Financial Assistance Program, as well as the Utah Search and Rescue Assistance Card. The updated family definition will include any members who may be living within the household to include relatives or those co-habitating, working to further include the various households represented within the State of Utah. The second proposed rule amendment is increased fee schedule for "organized groups" pertaining to the Utah Search and Rescue Assistance Card program. The Search and Rescue Advisory Board proposed increasing the charged fee for medium (25-50 persons) and large (51 persons and more) organized groups. The increase is due to the number of persons that may be included in the purchase of an "organized group" Utah Search and Rescue Assistance Card. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: State government will receive an inestimable direct fiscal benefit in regards to the proposed update to the organized group fee schedule. Since these changes have not yet been officially enacted, there is no data to support this fiscal impact analysis. State government will receive a direct fiscal benefit specific to the changed family definition. Based on USARA family card purchases in 2018, this generated a revenue of $12,250 to the Utah Search and Rescue Financial Assistance Program. With broadening the definition of the family card option, this may influence additional families to purchase the USARA card to assist them in their outdoor recreation activities. - LOCAL GOVERNMENTS: Local governments will be inestimable indirect fiscal benefit in regards to both proposed amendments within the Utah Search and Rescue Financial Assistance Program. Local sheriffs' offices that participate in the Financial Assistance Program, may receive additional reimbursement funds, if increased USARA card purchases occur. Since county sheriff participation and the formula to which reimbursement funds are submitted varies year to year, this fiscal benefit cannot be quantified because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. - SMALL BUSINESSES: Small businesses will receive an inestimable indirect fiscal benefit in regards to both proposed amendments within the Utah Search and Rescue Financial Assistance Program. The potential for increased tourism throughout Utah based on the purchase of the USARA card, small businesses throughout the state may receive additional sales. Since the information relies on variable data, this fiscal benefit cannot be quantified because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Citizens and organized groups will receive a direct fiscal costs and benefits in regards to both proposed amendments within the Utah Search and Rescue Financial Assistance Program. Families that purchase the Utah Search and Rescue Assistance Card, may now include co-habitating and other relatives up to 10 persons, on their family card totaling $35 annually or $140 for a 5-year option. These individuals will receive a direct fiscal benefit, as this option now allows families to include more individuals under the same price point. Medium (25-50 persons) and Large (50 and more persons) Organized groups will receive a direct fiscal cost as the USARA card fee schedule has increased from $70 to $100 for Medium sized groups, and an increase from $100 to $200 for Large groups. Based on sales of the family USARA card in 2018, the revenue totals $12,250 to the Utah Search and Rescue Financial Assistance Program. There have been no organized group USARA cards purchased at this time. COMPLIANCE COSTS FOR AFFECTED PERSONS: In order for affected persons to remain in compliance with the proposed amendments to the Utah Search and Rescue Financial Assistance Program when purchasing cards after the rule becomes effective, the following costs will be incurred: Family's purchasing the USARA card annually, $35 or $140 for a purchase covering 5 years. Medium sized organized groups (25-50 person) $100 annually. Large sized organized groups (50 or more persons) $200 annually. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Due to a potential increased purchase of the family search and rescue assistance card, it is deemed that both small and non-small businesses could experience an indirect fiscal benefit in connection with a potential increase in tourism. This fiscal benefit cannot be quantified because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. The Commissioner of the Department of Public Safety, Jess L. Anderson, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 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 Behunin by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at tarabehunin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43668.htm CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 43665 (Amendment): R722-900. Access to Bureau Records. SUMMARY OF THE RULE OR CHANGE: Vendor entity has been added to the definition of "agency"; specifies that the background check is required prior to an individual being granted access to CJIS information rather than allowing the background check to be completed within 30 days after access has already been granted; adds requirement for a terminal agency coordinator (TAC) to notify the bureau if their agency intends to employ an individual with a criminal history prior to access to CJIS information being activated; and adds authorization to suspend or revoke access if an employee violates any provision contained within the applicable signed agreement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: BCI does not anticipate any costs or savings to the state budget as a result of this administrative rule change because a background check is already required in order to obtain access to CJIS information. This rule change only specifies that the background check is required prior to an individual being granted access to CJIS information rather than allowing the background check to be completed within 30 days after access has already been granted. - LOCAL GOVERNMENTS: BCI does not anticipate any costs or savings to local governments as a result of this administrative rule change because a background check is already required in order to obtain access to CJIS information. This rule change only specifies that the background check is required prior to an individual being granted access to CJIS information rather than allowing the background check to be completed within 30 days after access has already been granted. - SMALL BUSINESSES: BCI does not anticipate any costs or savings to small businesses as a result of this administrative rule change because a background check is already required in order to obtain access to CJIS information. This rule change only specifies that the background check is required prior to an individual being granted access to CJIS information rather than allowing the background check to be completed within 30 days after access has already been granted. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: BCI does not anticipate any costs or savings to persons other than small businesses, businesses or local government entities as a result of this administrative rule change because a background check is already required in order to obtain access to CJIS information. This rule change only specifies that the background check is required prior to an individual being granted access to CJIS information rather than allowing the background check to be completed within 30 days after access has already been granted. COMPLIANCE COSTS FOR AFFECTED PERSONS: BCI does not anticipate any compliance costs for affected persons as a result of this rule amendment because those who are required to obtain a background check are already required to pay a fee for this service. The rule only specifies that the background check is required prior to obtaining access to CJIS information, rather than within 30 days after access has been granted. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no small or non-small businesses in Utah that will be impacted by this rule change because the only change being made in this rule is a change to the time frame in which a background check is conducted for an individual who is required to have a background check in order to access CJIS information. This rule change will not impact the fees already required to obtain a background check. The Commissioner of the Department of Public Safety, Jess L. Anderson, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4533, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Nicole Borgeson by phone at 801-281-5072, or by Internet E-mail at nshepherd@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43665.htm PEACE OFFICER STANDARDS AND TRAINING No. 43666 (Amendment): R728-409. Suspension, Revocation, or Relinquishment of Certification. SUMMARY OF THE RULE OR CHANGE: Provide guidance to POST staff and law enforcement administrators for letters submitted to the POST Council on behalf of an officer facing discipline for misconduct. Administrators should include their agency's disciplinary remedy so the Council can consider all forms of discipline the officer has experienced as it formulates a sanction. Additionally, notify the public that all POST Council disciplines will be entered in the National Peace Officer Decertification Index database once the Final Order is signed by the Council chair. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: POST does not anticipate any costs or savings to the State budget as a result of this administrative rule change because this rule only requires a law enforcement administrator to articulate, in a letter of support for the officer in question, what form of discipline was meted out by the employing agency. - LOCAL GOVERNMENTS: POST anticipates that there could be costs to local governments as a result of this administrative rule change because the rule change will require a law enforcement administrator to articulate, in a letter of support, for the officer in question, what form of discipline was meted out by the employing agency. This will impact officers that are investigated by POST for violations of Section 53-6- 211, and could potentially result in a cost being incurred due to replacing an officer that was sanctioned by the POST Council (these hiring cost vary greatly from agency to agency, therefore, difficult to provide an aggregate number). - SMALL BUSINESSES: POST does not anticipate any costs or savings to small business as a result of this administrative rule change because this rule only requires a law enforcement administrator to articulate, in a letter of support for the officer in question, what form of discipline was meted out by the employing agency. This proposed administrative rule change will have zero impact on Utah's small business community. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: POST anticipates that there could be a cost to persons other than small businesses, businesses and local government entities as a result of this rule change. There may be training costs for those officers who receive a four-year sanction because they would be required to go through the academy again to earn a peace officer certification if they desired to be rehired as a law enforcement officer. Therefore, they would encumber the associated training costs if they attend a satellite academy versus being hired and sponsored by a law enforcement agency. Over the last four years the POST Council has sentenced seven officers with a four-year sanction. The related costs to earn a law enforcement certification range between $3,200 up to $6,000 per individual. (Total for seven people to earn a law enforcement certification ranges from $22,400 to $42,000). COMPLIANCE COSTS FOR AFFECTED PERSONS: POST does anticipate compliance costs for the affected person(s) as a result of this administrative rule change. Over the last four years the POST Council has sentenced seven officers with a four year sanction. The related costs to earn a law enforcement certification range between $3,200 up to $6,000 per individual. (Total for seven people to earn a law enforcement certification ranges from $22,400 to $42,000). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in Utah that will be impacted by this rule change. The rule change only specifies that a law enforcement administrator is required to articulate, in a letter of support for the officer in question, what form of discipline was meted out by the employing law enforcement agency. The head of the Department of Public Safety, Commissioner Jess Anderson, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Scott Stephenson by phone at 801-256-2322, by FAX at 801-256-0600, or by Internet E-mail at sstephen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43666.htm TECHNOLOGY SERVICES ADMINISTRATION No. 43681 (Repeal): R895-13. Access to the Identity Theft Reporting Information System Database. SUMMARY OF THE RULE OR CHANGE: The IRIS database no longer operates in the same manner as it did when the rule was originally enacted. This rule is no longer necessary, so it is being repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to 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: There is no anticipated cost or savings to other entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs as no one is affected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule repeal has no fiscal impact on businesses, as the system no longer operates as previously described. Please see the attached Appendix for fiscal impact table. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Stephanie Weteling by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stephanie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43681.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G-3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. AGRICULTURE AND FOOD PLANT INDUSTRY No. 43686 (Emergency Rule): R68-27. Cannabis Cultivation. SUMMARY OF THE RULE OR CHANGE: This proposed rule sets forth the licensing requirements for those interested in competing for a cannabis cultivation facility license. This rule establishes the facility requirements, as well as the additional requirements for the operation plan. The proposed rule establishes minimum requirements for storage and handling of cannabis and the uses and storage of pesticides, fertilizers, and other agricultural chemicals that may be used in the facility. In addition, this proposed rule establishes violation categories with the range of fines that may be assessed for violations. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare; and place the agency in violation of federal or state law. JUSTIFICATION: The Utah Department of Agriculture and Food (UDAF) believes emergency rulemaking procedure under Section 63G-3-3-304 is necessary for the following reasons: Risk of placing UDAF in violation of state law: UDAF is concerned that under the best of circumstances, it will not be able to meet its latest date to comply with the Utah Medical Cannabis Act (UMCA) -- "on or before" March 1, 2020 -- in making medical cannabis available to patients if it cannot employ emergency rulemaking procedure. After the Electronic Verification System has been properly vetted through the RFP and licenses have been issued to cultivators, cultivators must plan, prepare and set up security systems before it can start its four-month growing cycle for its first harvest. Once harvested, all cannabis flowers must be trimmed, dried, and cured prior to patient consumption, and all other cannabis biomass is sent for processing. Depending on the product, either option can require up to two months lead time. Allowing for safe and reasonable operations to license, prepare, plant, grow, process, and transport a first harvest is estimated at eight months. Imminent public health and welfare concern for patients: Medical cannabis was legalized by referendum because the majority of voters in the state wanted medical cannabis available for suffering patients. The Governor has made it clear through public address in the media that his priority with medical cannabis is to make it available as fast as possible, and as cheaply as possible. In addition to a first harvest, cultivators need time to produce sufficient inventory to meet patient demand. While the UMCA drives a hardened March 1, 2020 date, it likewise contemplates making medical cannabis available prior to that date. Imminent peril to public safety and welfare due to economic harm to licensees: If cultivators are not given sufficient time to properly meet deadlines, they could suffer monetary losses. Imminent peril for public safety and welfare: One of the greatest concerns UDAF has in regulating medical cannabis is diversion. Cultivators need proper set up time for security systems prior to planting. UDAF wishes to avoid concerns of rushed security set up measures which are established by rule. Concerns for meeting operation deadlines rushes a safe and secure process. Emergency rulemaking will provided the needed time for cultivators. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As this is a new program the state will have the significant start up cost of hiring personnel and buying equipment necessary to effectively run the medical cannabis program. UDAF will need to hire and train employees to inspect these facilities. In addition to inspectors UDAF needs to hire administrative staff to help issue the agent registration cards, to do background checks for all employees and those with 2% or greater financial or voting interest in the cannabis cultivation facility. The inspector will need to be out doing quarterly inspections of the facility and will need the equipment necessary to conduct the inspection. In total, the cost of the employees is estimated at $360,449.57 for the first year. In addition to the cost of the employees there is $35,000 cost for the equipment and training for these employees to effectively regulate this product. Transportation cost are anticipated at $3,600. Additionally, UDAF will need to help with the purchase and upkeep of the electronic verification system as required by Title 4, Chapter 41a. UDAF anticipates contributing at least $165,000 to maintaining the system as it is key to the program. Total cost in the first year are than anticipated to be $563,549.57. In the second year, UDAF anticipates that cost will stay much the same with a slight increase in the amount of inspections that are necessary as more of the facilities reach their capacity. There will need to be increased time spent on reviewing records for pesticide or fertilizer use, as well as maintaining records in the inventory control systems and electronic verification system. Due to the increased review of records and inspections, the cost of employees will be $364,816.52. The other cost will remain the same. The total cost of the second year is anticipated to be $567,916.52. It may be necessary to hire more inspectors as the program grows in the third year, but UDAF anticipates that the cost for the program will remain similar to the second year in the third year. UDAF anticipates an application fee of $10,000 for each applicant. In addition, the successful cannabis cultivation facility will have a $100,000 licensing fee. By statute, UDAF may not issue more than 10 cannabis cultivation licenses. While UDAF cannot anticipate the number of entities who will apply for a license it is anticipated that there will be at least 10 interested parties. Thus, the amount of revenue generated could be at least $1,100,000 in application and licensing fees for the first year. The licensee will not have to pay the application fee after having successfully received a license. The revenue for years two and three will decreased to $1,000,000. - LOCAL GOVERNMENTS: Local governments may experience an increase in law enforcement cost do to the nature of the crop being grown. However, UDAF cannot adequately estimate the cost or benefits to local governments. - SMALL BUSINESSES: This rule allows for the growth of a controlled substances in the state of Utah. This is a new and controlled industry in the state. As it has not been allowed before, this proposed rule does not place any additional cost to the business aside from the anticipated application fee of $10,000 and the licensing fee of $100,000. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule allows for the growth of medical cannabis in the state. It will allow for qualified patients to have access to a quality-controlled product. However, due to the nature of the industry it is impossible for UDAF to estimate the costs or benefits to the consumer. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a $10,000 application fee for all those who chose to apply for a license. Those who are awarded the license will then have a $100,000 licensing fee. Due to this being a controlled substance and still federally illegal, there has been no prior legal growing in the state. Therefore, the only cost to the affected persons is the application and licensing fees. All other costs are the costs of engaging in the growing of medical cannabis. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This is a newly created program which will allow the growth of a controlled substance for medical use. It is necessary for UDAF to ensure the safe growing, processing, and transportation of this product for the safety of the qualified patients. The application and licensing fees are necessary for UDAF to run the program effectively to ensure that qualified patients receive a quality product. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bracken Davis by phone at 801-538-7188, or by Internet E-mail at brackendavis@utah.gov - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov EFFECTIVE: 05/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43686.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. AGRICULTURE AND FOOD CONSERVATION COMMISSION No. 43685 (5-year Review): R64-3. Utah Environmental Stewardship Certification Program (UESCP), a.k.a Agriculture Certification of Environmental Stewardship (ACES). 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 currently evaluating acceptance of the program by agricultural producers. Additionally, the Department is assessing the effectiveness in meeting the desired outcomes. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jay Olsen by phone at 801-538-7174, by FAX at 801-538-9436, or by Internet E-mail at jayolsen@utah.gov - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - RJ Spencer by phone at 801-538-7171, or by Internet E-mail at rjspencer@utah.gov EFFECTIVE: 04/30/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43685.htm CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 43662 (5-year Review): R131-13. 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 is required under Section 63C-9-403. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov - Michael Kelley by phone at 801-538-3105, or by Internet E-mail at mkelley@agutah.gov EFFECTIVE: 04/17/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43662.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 43661 (5-year Review): R430-8. Exemptions From Child Care Licensing. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The continuation of this rule is necessary for the Department of Health to comply with its statutory duty to make and enforce a rule in accordance with Section 26-39-403 to regulate or exempt child care programs for the health and safety of children. DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov EFFECTIVE: 04/17/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43661.htm HUMAN SERVICES RECOVERY SERVICES No. 43682 (5-year Review): R527-394. Posting Bond or Security. 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 pursuant to state law and Federal regulation. Also, it helps ensure that ORS only takes legal action against a non-custodial parent to post a bond or other security when the appropriate circumstances warrant it. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Dopp by phone at 801-741-7521, by FAX at 801-536-8509, or by Internet E-mail at aldopp@utah.gov - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 04/29/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190515/43682.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. 43542 (AMD): R156-55e.Elevator Mechanics Licensing Rule Published: 03/15/2019 Effective: 04/22/2019 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43536 (AMD): R414-49.Dental, Oral and Maxillofacial Surgeons and Orthodontia Published: 03/15/2019 Effective: 04/22/2019 CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 43544 (AMD): R428-1.Health Data Plan and Incorporated Documents Published: 03/15/2019 Effective: 05/01/2019 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43505 (AMD): R523-2-9.Distribution of Fee-On-Fine (DUI) Funds Published: 03/01/2019 Effective: 04/17/2019 No. 43555 (AMD): R523-17.Behavioral Health Crisis Response Systems Standards Published: 03/15/2019 Effective: 04/22/2019 No. 43554 (AMD): R523-18.Mobile Crisis Outreach Teams Certification Standards Published: 03/15/2019 Effective: 04/22/2019 INSURANCE ADMINISTRATION No. 43428 (AMD): R590-126-2.Purpose and Scope Published: 01/01/2019 Effective: 05/01/2019 No. 43561 (NEW): R590-280.Counting Short-Term Funds Published: 03/15/2019 Effective: 04/23/2019 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43550 (AMD): R746-8-301.Calculation and Application of UUSF Surcharge Published: 03/15/2019 Effective: 04/30/2019 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 43556 (AMD): R986-700.Child Care Assistance Published: 03/15/2019 Effective: 06/01/2019 UNEMPLOYMENT INSURANCE No. 43558 (AMD): R994-305-801.Wage List Requirement Published: 03/15/2019 Effective: 07/01/2019 No. 43557 (AMD): R994-403.Claim for Benefits Published: 03/15/2019 Effective: 05/01/2019 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/ . <> ----------------------------