---------------------------- Utah State Digest, Vol. 2019, No. 11 (June 1, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed May 2, 2019, 12:00 AM through May 15, 2019, 11:59 PM Volume 2019, No. 11 June 1, 2019 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Calling the Sixty-Third Legislature Into the First Extraordinary Session, Utah Proclamation No. 2019-1E - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2019/ExecDoc161192.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 May 2, 2019, 12:00 a.m., and May 15, 2019, 11:59 p.m. are summarized in this, the June 1, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the June 1, 2019, issue of the Utah State Bulletin until at least July 1, 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 29, 2019, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. ADMINISTRATIVE SERVICES CHILD WELFARE PARENTAL DEFENSE (OFFICE OF) No. 43705 (Repeal): R19-1. Parental Defense Counsel Training. SUMMARY OF THE RULE OR CHANGE: The Department of Administrative Services is repealing this rule in its entirety because the administration of this rule was moved to the Commission on Criminal and Juvenile Justice by S.B. 251 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no fiscal impact to the state budget. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice. - LOCAL GOVERNMENTS: There is no fiscal impact to local governments. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice. - SMALL BUSINESSES: There is no fiscal impact to small businesses. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no fiscal impact to other persons. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the reasons the Department of Administrative Services is filing a repeal of this rule and believe this repeal is reasonable and warranted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Reidhead by phone at 801-538-3095, by FAX at 801-538-3244, or by Internet E-mail at jreidhead@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43705.htm EDUCATION ADMINISTRATION No. 43701 (Amendment): R277-528. Use of Public Education Job Enhancement Program (PEJEP) Funds. SUMMARY OF THE RULE OR CHANGE: This rule has been amended with technical and formatting changes. There are no substantive changes made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. This rule governs the Public Education Job Enhancement Program as outlined in Section 53F- 2-514. There are no substantive changes being made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020. Thus, there is no fiscal impact to the state from the changes in this rule. - LOCAL GOVERNMENTS: These rule changes are not expected to have a fiscal impact on local governments' revenues or expenditures. This rule governs the Public Education Job Enhancement Program as outlined in Section 53F-2-514. There are no substantive changes being made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020. Thus, there is no fiscal impact to local governments from the changes in this rule. - SMALL BUSINESSES: These rule changes are not expected to have a fiscal impact on small business revenues or expenditures. This rule governs the Public Education Job Enhancement Program as outlined in Section 53F-2- 514. There are no substantive changes being made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020. Thus, there is no fiscal impact to small businesses from the changes in this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have a fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule governs the Public Education Job Enhancement Program as outlined in Section 53F-2-514. There are no substantive changes being made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020. Thus, there is no fiscal impact to other individuals from the changes in this rule. 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). Thus, these rule changes are not expected to have any fiscal impact on non-small businesses' revenue or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenues for non- 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 07/01/2019 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: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43701.htm No. 43702 (Amendment): R277-709. Education Programs Serving Youth in Custody. SUMMARY OF THE RULE OR CHANGE: The language within this rule has been amended to be consistent with other related youth in custody education rules. The title of service agencies working with students have been added to this rule in Section R277-709-3: Division of Juvenile Justice Services; Division of Child Family Services; and Department of Workforce Services. Section R277-709-7, Utah State Hospital, has been deleted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. These rule changes strike the requirement that no more than $50,000 in state youth in custody funds or educational contract funds not expended in the current fiscal year may be carried over and spent in the following fiscal year. These amendments will allow for more appropriate budgeting by LEAs for long-term needs and personnel obligations. For example, under the unchanged rule, an LEA with a multiple million-dollar allocation has been asked to budget within $50,000. This constraint is extremely restrictive and falls outside of normal budgeting expectations. However, education programs serving youth in custody are funded through state appropriations and this rule does not change program funding and thus, has no fiscal impact to the state. - LOCAL GOVERNMENTS: These rule changes may have a fiscal impact on local governments' revenues or expenditures. These rule changes strike the requirement that no more than $50,000 in state youth in custody funds or educational contract funds not expended in the current fiscal year may be carried over and spent in the following fiscal year. These amendments will allow for more appropriate budgeting by LEAs for long-term needs and personnel obligations. For example, under the unchanged rule, an LEA with a multiple million-dollar allocation has been asked to budget within $50,000. This constraint is extremely restrictive and falls outside of normal budgeting expectations. Moving forward, LEAs who receive a program allocation over $500,000 will be able to carry over more than $50,000; they will be able to carry over 10 percent of their allocation. Previously, all LEAs had been limited to the lesser of 10 percent or $50,000. These rule changes do not change the initial program allocation for LEAs. It could mean that fewer recaptured funds are available to be reallocated, but the specific fiscal impact cannot be estimated since it is unclear which LEAs may alter the amount carried over into the following fiscal year. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. The education programs serving youth in custody are state funded and do not involve 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. The education programs serving youth in custody are state funded and do not involve 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 local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2019 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: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43702.htm No. 43703 (Repeal): R277-714. Dissemination of Information About Juvenile Offenders. SUMMARY OF THE RULE OR CHANGE: The Board is recommending repealing this rule because the language is included in Rule R277-487. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have a fiscal impact on state government revenues or expenditures. However, the provisions in this rule will be included in another already existing rule governing student data privacy and the sharing of student information, Rule R277-487. Thus, there is no fiscal impact to the state from this repeal. - LOCAL GOVERNMENTS: This rule repeal is not expected to have a fiscal impact on local governments' revenues or expenditures. However, the provisions in this rule will be included in another already existing rule governing student data privacy and the sharing of student information, Rule R277-487. Thus, there is no fiscal impact to local governments from this repeal. - SMALL BUSINESSES: This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures. However, the provisions in this rule will be included in another already existing rule governing student data privacy and the sharing of student information, Rule R277-487. Thus, there is no fiscal impact to small businesses from this repeal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. However, the provisions in this rule will be included in another already existing rule governing student data privacy and the sharing of student information, Rule R277-487. Thus, there is no fiscal impact to other individuals from this repeal. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The 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 07/01/2019 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: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43703.htm GOVERNOR ECONOMIC DEVELOPMENT No. 43720 (New Rule): R357-24. Utah Works Program Rule. SUMMARY OF THE RULE OR CHANGE: Section R357-24-102 details the purpose and goals of the Program. Section R357-24-103 creates definitions that will be used to administer the Program. Section R357-24-104 references the authority granted in the statutory language that permits rulewriting. Section R357-24-105 outlines the eligibility criteria for participation in the Program. Section R357-24-106 outlines the proposal and submission process. Section R357-24-107 establishes the method for selecting Program awardees. Section R357-24-108 establishes that an awardee must enter a contract with the Office that outlines the award and grant amount. Section R357-24-109 outlines the guidelines for modification of a contract. Section R357-24-110 establishes the funding distribution standards. Section R357-24-111 establishes the reporting and cooperation requirements for participation in the Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. This rule is merely creating the requirements for the Program that was created by the passing of S.B. 172 (2019). - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments because local governments are not required to comply with or enforce this rule. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses because this proposed rule does not create new obligations for small businesses, nor does it increase the costs associated with any existing obligation. Participation in the Program is optional. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this proposed rule does not create new obligations for persons other than small businesses, businesses, or local government entities, nor does it increase the costs associated with any existing obligation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because participation in the Program is optional. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule implements S.B. 172 (2019) which created the Program. The purpose of this rule filing is to clarify the standards for participation in the Program. This rule will have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43720.htm HERITAGE AND ARTS HISTORY No. 43717 (Repeal): R455-13. Capital Funds Request Prioritization. SUMMARY OF THE RULE OR CHANGE: It has been determined that this rule is not necessary and should be repealed. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures because it defines a process that has not been used in several years, is no longer necessary and, therefore, recommended for repeal. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any material impact on local governments' revenues or expenditures because it defines a process that has not been used in several years, is no longer necessary and, therefore, recommended for repeal. - SMALL BUSINESSES: This rule repeal is not expected to have any material fiscal impact on small businesses' revenues or expenditures because it defines a process that has not been used in several years, is no longer necessary and, therefore, recommended for repeal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any material fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures because it defines a process that has not been used in several years, is no longer necessary and, therefore, recommended for repeal. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule repeal has no fiscal impact on state agencies and will not have a fiscal impact on small or non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alycia Aldrich by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov - Nelson Knight by phone at 801-245-7244, or by Internet E-mail at nwknight@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43717.htm LABOR COMMISSION BOILER, ELEVATOR AND COAL MINE SAFETY No. 43711 (Amendment): R616-2-3. Safety Codes and Rules for Boilers and Pressure Vessels. SUMMARY OF THE RULE OR CHANGE: This amendment changes 4000,000 btu/hr to 400,000 btu/hr. (EDITOR'S NOTE: A corresponding 120-day (emergency) filing to Section R616-2-3, that is effective as of 05/09/2019, is under Filing No. 43710 in this issue, June 1, 2019, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings to the state budget because of this change because the Division already enforces the standard at 400,000 btu/hr. - LOCAL GOVERNMENTS: There will be no cost or savings to local governments because of this change, because the Division already enforces the standard at 400,000 btu/hr. - SMALL BUSINESSES: There will be no cost or savings to small businesses because of this change because the Division already enforces the standard at 400,000 btu/hr. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings to other persons because of this change because the Division already enforces the standard at 400,000 btu/hr. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost or savings to affected persons because of this rule because the Division already enforces the standard at 400,000 btu/hr. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost or savings because of this change because the Division already enforces the standard at 400,000 btu/hr. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Pete Hackford by phone at 801-530-7505, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43711.htm TRANSPORTATION MOTOR CARRIER No. 43704 (Amendment): R909-3. Standards for Utah School Buses. SUMMARY OF THE RULE OR CHANGE: H.B. 27 (2019) changes several definitions included in Title 53e, Chapter 3, which are used in the Department of Transportation's Standards for Utah School Buses and Operations. These proposed amendments reflect those changes. These proposed changes make several grammatical, and nonsubstantive changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments will not cause a fiscal impact to the the state's budget. These proposed amendments ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are non-fiscal changes. - LOCAL GOVERNMENTS: These proposed amendments will not cause a fiscal impact to local governments. These proposed amendments ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are non-fiscal changes. - SMALL BUSINESSES: These proposed amendments will not cause a fiscal impact to small businesses. These proposed amendments ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are non-fiscal changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments will not cause a fiscal impact to persons other than small businesses, businesses, or local government entities. These proposed amendment ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are changes to definitions, not fiscal changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments will not cause a fiscal impact to affected persons. These proposed amendments ensure that terms and phrases used in this rule do not conflict with similar terms and phrases included in Title 53e, Chapter 3, which was amended by H.B. 27 (2019) which are changes to definitions, not fiscal changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments will not cause 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 07/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel by phone at 269-217-7091, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43704.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. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43706 (Emergency Rule): R414-303. Coverage Groups. SUMMARY OF THE RULE OR CHANGE: This rule allows the Department of Health (Department) to make presumptive determinations for the new Adult Expansion Group. It also reduces the income limit for the Parent/Caretaker Relative (PCR) group and makes other clarifications. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent budget reduction because of budget restraints or federal requirements; and place the agency in violation of federal or state law. JUSTIFICATION: With recent federal approval of the Primary Care Network 1115 Demonstration Waiver, the Department needs to implement provisions for Medicaid expansion, which began 04/01/2019. These provisions include coverage for the new Adult Expansion Group and a decrease in the PCR income limit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an expected annual cost of $435,800,000 in which up to 90,000 individuals may become eligible for adult Medicaid coverage. This fiscal analysis also applies to the companion filings for Section R414-311-6 and Rule R414-312. (EDITOR'S NOTE: The 120-day (emergency) filing for Section R414-311-6 is under Filing No. 43707 and the 120-day (emergency) filing for Rule R414-312 is under Filing No. 43708 in this issue, June 1, 2019, of the Bulletin.) - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide services under the Medicaid program. This fiscal analysis also applies to the companion filings for Section R414- 311-6 and Rule R414-312. - SMALL BUSINESSES: Small businesses may see a share of revenue up to $435,800,000 with the expansion of adult Medicaid coverage, in which up to 90,000 individuals may become eligible. This fiscal analysis also applies to the companion filings for Section R414-311-6 and Rule R414- 312. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may see a share of revenue up to $435,800,000 with the expansion of adult Medicaid coverage, and up to 90,000 individuals will see a share of out-of-pocket savings based on that amount. This fiscal analysis also applies to the companion filings for Section R414-311-6 and Rule R414-312. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this rule can only result in increased revenue and out-of-pocket savings. This fiscal analysis also applies to the companion filings for Section R414-311-6 and Rule R414-312. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses will see a share of revenue through Medicaid expansion to a larger group of adults. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43706.htm No. 43707 (Emergency Rule): R414-311-6. Household Composition and Income Provisions. SUMMARY OF THE RULE OR CHANGE: This amendment increases the federal poverty level (FPL) percentage to 5%, thus removing the income disregard for TAM members who are part the new Adult Expansion Group. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent budget reduction because of budget restraints or federal requirements; and place the agency in violation of federal or state law. JUSTIFICATION: With recent federal approval of the Primary Care Network 1115 Demonstration Waiver, the Department of Health (Department) needs to implement provisions for Medicaid expansion, which began 04/01/2019. This provision implements the new income limit for TAM. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an expected annual cost of $435,800,000 in which up to 90,000 individuals may become eligible for adult Medicaid coverage. This fiscal analysis also applies to the companion filings for Rules R414-303 and R414-312. (EDITOR'S NOTE: The 120-day (emergency) filing for Rule R414-303 is under Filing No. 43706 and the 120-day (emergency) filing for Rule R414-312 is under Filing No. 43708 in this issue, June 1, 2019, of the Bulletin.) - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide services under the Medicaid program. This fiscal analysis also applies to the companion filings for Rules R414-303 and R414-312. - SMALL BUSINESSES: Small businesses may see a share of revenue up to $435,800,000 with the expansion of adult Medicaid coverage, in which up to 90,000 individuals may become eligible. This fiscal analysis also applies to the companion filings for Rules R414-303 and R414-312. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may see a share of revenue up to $435,800,000 with the expansion of adult Medicaid coverage, and up to 90,000 individuals will see a share of out-of-pocket savings based on that amount. This fiscal analysis also applies to the companion filings for Rules R414-303 and R414-312. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this rule can only result in increased revenue and out-of-pocket savings. This fiscal analysis also applies to the companion filings for Rules R414-303 and R414-312. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses will see a share of revenue through Medicaid expansion to a larger group of adults. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43707.htm No. 43708 (Emergency Rule): R414-312. Adult Expansion Medicaid. SUMMARY OF THE RULE OR CHANGE: This rule expands coverage to adults who are 19 through 64 years of age and meet basic Medicaid eligibility criteria. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent budget reduction because of budget restraints or federal requirements; and place the agency in violation of federal or state law. JUSTIFICATION: With recent federal approval of the Primary Care Network 1115 Demonstration Waiver, the Department of Health (Department) needs to implement provisions for Medicaid expansion, which began 04/01/2019. These provisions include coverage and eligibility for the Adult Expansion Medicaid Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an expected annual cost of $435,800,000 in which up to 90,000 individuals may become eligible for adult Medicaid coverage. This fiscal analysis also applies to the companion filings for Rule R414-303 and Section R414-311-6. (EDITOR'S NOTE: The 120-day (emergency) filing for Rule R414-303 is under Filing No. 43706 and the 120-day (emergency) filing for Section R414-311-6 is under Filing No. 43707 in this issue, June 1, 2019, of the Bulletin.) - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide services under the Medicaid program. This fiscal analysis also applies to the companion filings for Rule R414-303 and Section R414-311-6. - SMALL BUSINESSES: Small businesses may see a share of revenue up to $435,800,000 with the expansion of adult Medicaid coverage, in which up to 90,000 individuals may become eligible. This fiscal analysis also applies to the companion filings for Rule R414-303 and Section R414-311- 6. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may see a share of revenue up to $435,800,000 with the expansion of adult Medicaid coverage, and up to 90,000 individuals will see a share of out-of-pocket savings based on that amount. This fiscal analysis also applies to the companion filings for Rule R414-303 and Section R414-311-6. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this rule can only result in increased revenue and out-of-pocket savings. This fiscal analysis also applies to the companion filings for Rule R414-303 and Section R414-311-6. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses will see a share of revenue through Medicaid expansion to a larger group of adults. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43708.htm HUMAN SERVICES ADMINISTRATION No. 43719 (Emergency Rule): R495-885. Employee Background Screenings. SUMMARY OF THE RULE OR CHANGE: These amendments, in accordance with the Subsection R501-14-3(4), add 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. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The Families First Prevention Services Act went into effect in February 2019 and requires all states to be compliant with the background screening requirements set within. Because Utah's compliance hinged on a statutory change, this rule couldn't be implemented until the statute changes went into effect today, 05/14/2019. The proposed amendment for this rule is already out for public comment, but the Department of Human Services (DHS) promised to be in compliance at the earliest possible date, which would be 05/14/2019 with this emergency filing. (EDITOR'S NOTE: The corresponding proposed amendment to Rule R495-885 is under Filing No. 43690 published in the May 15, 2019, Utah State 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 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 state and the 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 filing will not result in a fiscal impact to businesses. 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 EFFECTIVE: 05/14/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43719.htm ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 43718 (Emergency Rule): R501-14. Human Service Program Background Screening. SUMMARY OF THE RULE OR CHANGE: This filing adds the following definitions for clarification: Applicant, Harm, OL, and Youth Residential Program. In regards to the background screening procedure, these amendments add 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 filing. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The Families First Prevention Services Act went into effect in February 2019 and requires all states to be compliant with the background screening requirements set within. Because Utah's compliance hinged on a statutory change, this rule couldn't be implemented until the statute changes went into effect today, 05/14/2019. The proposed amendment for this rule is already out for public comment, but the Office of Administration, Administrative Services, Licensing (Office) promised to be in compliance at the earliest possible date, which would be 05/14/2019 with this emergency filing. (EDITOR'S NOTE: The corresponding proposed amendment to Rule R501-14 is under Filing No. 43691 published in the May 15, 2019, Utah State Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on the state budget. These changes deal 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 will see any fiscal impact from these changes. These changes to the applicants background 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 the 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 these proposed rule changes will not result in a fiscal impact to businesses. 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 EFFECTIVE: 05/14/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43718.htm LABOR COMMISSION BOILER, ELEVATOR AND COAL MINE SAFETY No. 43710 (Emergency Rule): R616-2-3. Safety Codes and Rules for Boilers and Pressure Vessels. SUMMARY OF THE RULE OR CHANGE: This rule change is to fix a typographical error in this rule; to change 4000,000 btu/hr to 400,000 btu/hr in Subsection R616-2-3(C). (EDITOR'S NOTE: A corresponding proposed amendment to Section R616-2-3 is under filing No. 43711 in this issue, June 1, 2019, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare. JUSTIFICATION: If this is not corrected, it would eliminate the requirements for safety controls and devices on 5,981 operating boilers in the state of Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input. - LOCAL GOVERNMENTS: There is no cost to local governments associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input. - SMALL BUSINESSES: There is no cost to small businesses associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost to other persons associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost for affected persons associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no cost to businesses associated with this adoption as the ASME Code associated with this addition is already applied to units over 400,000 btus/hr input. DIRECT QUESTIONS REGARDING THIS RULE TO: - Pete Hackford by phone at 801-530-7505, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov EFFECTIVE: 05/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43710.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. EDUCATION ADMINISTRATION No. 43712 (5-year Review): R277-480. Charter School Revolving Account. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it establishes procedures for administering the Charter School Revolving Account to determine membership of the Charter School Revolving Account Committee, and to determine loan amounts and loan repayment conditions. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 05/13/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43712.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, PRIMARY CARE AND RURAL HEALTH No. 43709 (5-year Review): R434-40. Utah Health Care Workforce Financial Assistance Program Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it has met the requirements of its authorizing statute, funding for the program allocated by the Legislature is ongoing, and the rule has facilitated a well-administered program that meets the statutory purposes of Subsection 26-46-102(1) -- providing professional education scholarships and loan repayment assistance to health care professionals and geriatric professionals who locate or continue to practice in underserved areas. DIRECT QUESTIONS REGARDING THIS RULE TO: - Matt McCullough by phone at 801-273-6619, or by Internet E-mail at mmccullough@utah.gov EFFECTIVE: 05/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43709.htm HERITAGE AND ARTS HISTORY No. 43716 (5-year Review): R455-11. Historic Preservation Tax Credit. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to administer the Historic Preservation Tax Credit allowed by Sections 59-7-609 and 59-10-1006; to ensure an orderly process by the Division and the State Historic Preservation Office; to allow for appeal and judicial review of decisions; and to ensure that all rehabilitation work on historic preservation tax credit projects meets the Secretary of the Interior's "Standards for Rehabilitation." Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alycia Aldrich by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov - Nelson Knight by phone at 801-245-7244, or by Internet E-mail at nwknight@utah.gov EFFECTIVE: 05/14/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43716.htm No. 43714 (5-year Review): R455-14. Procedures for Electronic Meetings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There may be times when members of the Board may need to appear by telephone or other electronic means in order to consider matters of an emergency or urgent nature. This rule includes procedures for such meetings as required by Section 52-4-207, and ensures that the public and Board members are given notice and an opportunity to attend such meetings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alycia Aldrich by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov - Nelson Knight by phone at 801-245-7244, or by Internet E-mail at nwknight@utah.gov EFFECTIVE: 05/14/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43714.htm No. 43715 (5-year Review): R455-15. Procedures for Emergency Meetings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There may be times when, due to the necessity of considering matters of an emergency or urgent nature, the public notice provisions of Section 52-4-202 cannot be met for meetings of the Board. Pursuant to Subsection 52-4-202(5), under such circumstances those notice requirements need not be followed but rather the "best notice practicable" shall be given. This rule includes procedures for such meetings to meet the requirements of Subsection 52-4-202(5), and ensures that the meetings are only held in the limited circumstances allowed. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alycia Aldrich by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov - Nelson Knight by phone at 801-245-7244, or by Internet E-mail at nwknight@utah.gov EFFECTIVE: 05/14/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43715.htm HUMAN SERVICES RECOVERY SERVICES No. 43700 (5-year Review): R527-10. Disclosure of Information to the Office of Recovery Services. 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 must continue for ORS to be in compliance with Subsection 62A-11-104.1(2). Information from financial institutions and insurance companies helps ORS successfully collect child support and provide insurance information to families. 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: 05/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43700.htm No. 43699 (5-year Review): R527-332. Unreimbursed Assistance Calculation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because the federal regulations under which this rule was enacted are still in effect. In addition, this rule provides the necessary information for ORS to calculate URA. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov EFFECTIVE: 05/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43699.htm TECHNOLOGY SERVICES ADMINISTRATION No. 43697 (5-year Review): R895-9. Utah Geographic Information Systems Advisory Council. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There is a need to maintain this rule that establishes an advisory council to coordinate statewide Geographic Information Systems data efforts for collection, creation, and access, and to mutual collaboration by state entities. Therefore, this rule should be continued. 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 EFFECTIVE: 05/02/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190601/43697.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. 43318 (CPR): R156-63a.Security Personnel Licensing Act Contract Security Rule Published: 04/01/2019 Effective: 05/13/2019 No. 43318 (AMD): R156-63a.Security Personnel Licensing Act Contract Security Rule Published: 11/15/2018 Effective: 05/13/2019 No. 43319 (CPR): R156-63b.Security Personnel Licensing Act Armored Car Rule Published: 04/01/2019 Effective: 05/13/2019 No. 43319 (AMD): R156-63b.Security Personnel Licensing Act Armored Car Rule Published: 11/15/2018 Effective: 05/13/2019 HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 43468 (AMD): R386-900.Special Measures for the Operation of Syringe Exchange Programs Published: 02/01/2019 Effective: 05/15/2019 CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 43462 (NEW): R436-19.Abortion Reporting Published: 01/15/2019 Effective: 05/08/2019 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43575 (AMD): R523-12-4.Provider Responsibilities Published: 04/01/2019 Effective: 06/27/2019 No. 43576 (AMD): R523-13-4.Provider Responsibilities Published: 04/01/2019 Effective: 06/27/2019 LABOR COMMISSION ADJUDICATION No. 43574 (AMD): R602-2-1.Pleadings and Discovery Published: 04/01/2019 Effective: 05/08/2019 BOILER, ELEVATOR AND COAL MINE SAFETY No. 43572 (AMD): R616-2-3.Safety Codes and Rules for Boilers and Pressure Vessels Published: 04/01/2019 Effective: 05/08/2019 No. 43573 (AMD): R616-2-8.Inspection of Boilers and Pressure Vessels Published: 04/01/2019 Effective: 05/08/2019 TRANSPORTATION PROGRAM DEVELOPMENT No. 43584 (NEW): R926-16.Unsolicited Proposals for Transportation Infrastructure Public-Private Partnerships Published: 04/01/2019 Effective: 05/08/2019 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/ . <> ----------------------------