---------------------------- Utah State Digest, Vol. 2019, No. 13 (July 1, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed June 1, 2019, 12:00 AM through June 14, 2019, 11:59 PM Volume 2019, No. 13 July 1, 2019 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Parts A and F - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/sn161284.htm 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 Second Extraordinary Session, Utah Proclamation No. 2019-2E - 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/ExecDoc161304.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 June 1, 2019, 12:00 a.m., and June 14, 2019, 11:59 p.m. are summarized in this, the July 1, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the July 1, 2019, issue of the Utah State Bulletin until at least July 31, 2019 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through October 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 DEBT COLLECTION No. 43801 (Amendment): R21-1. Transfer of Collection Responsibility of State Agencies. SUMMARY OF THE RULE OR CHANGE: These amendments add language to better clarify the collection responsibility, and the penalty percentage that will be added to account receivables when payments are delinquent. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Except for Section R21-1-6, these revisions clarify but do not change current practices that would impact costs to the state. Section R21-1-6 requires state agencies to pass on certain information to the Office of State Debt Collection (Office). Agencies may incur additional costs to provide this information if they are not currently providing it. The Office cannot measure what the additional cost, if any, will be to state agencies. - LOCAL GOVERNMENTS: These rule changes will not result in any additional costs to the local governments. None of these revisions impact local governments. - SMALL BUSINESSES: These revisions clarify, but do not change current practice. Therefore, it should not impact the costs to small businesses who owe money. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These revisions clarify, but do not change current practice. Therefore, it should not impact the costs to other persons who owe money. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe that these changes are reasonable and warranted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cory Weeks by phone at 801-538-3100, or by Internet E-mail at cweeks@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43801.htm No. 43802 (Amendment): R21-2. Office of State Debt Collection Administrative Procedures. SUMMARY OF THE RULE OR CHANGE: The added language explains administrative hearing requests, including scheduling, location, date, and time. Also, what to bring to the hearing, and the time limit to withdraw the request for the hearing, or time to request a change of presiding officer. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not result in any additional costs to the state. The state may realize cost savings if the Office of State Debt Collection (Office) prevails in a hearing and the hearing cost is added to the debt. The Office expect 10 to 25 hearings per year with an average cost per hearing of $150 to $300. However, the Office cannot accurately measure the portion of the amount added that will be collected. The Office expects the additional amount that will be collected will average less than $2,000 per year. - LOCAL GOVERNMENTS: These rule changes will not result in any additional costs to the local governments. These rule changes do not affect local governments. - SMALL BUSINESSES: If small businesses who have a debt and request an administrative hearing, if the decision is in favor of the Office, the cost of the hearing will be added to the balance owed by the business. However, rarely do these hearings involve small businesses. Therefore, the amount cannot be estimated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: If a person has a debt with the state and requests an administrative hearing, they may have costs added to their balance owed if the Office prevails in the complaint. The expected cost of a hearing is $150 to $300. 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: I have reviewed these changes with the Division of Finance Director and believe that these changes are reasonable and warranted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 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: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43802.htm No. 43803 (Amendment): R21-3. Debt Collection Through Administrative Offset. SUMMARY OF THE RULE OR CHANGE: These changes add the Treatment of Injured Spouse forms, and how an agency proceeds with the injured spouse claim. The changes also add a requirement that agencies mail notices to debtors within two days of the date on the notice. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There may be some costs to the state for the amount it will not collect if a valid injured spouse form is submitted. The Division of Finance (Division) does not have a reasonable ability to measure how often injured spouse claims have been filed with garnishers, or how often the forms are approved or denied. - LOCAL GOVERNMENTS: Local governments will not see any additional costs. These changes do not affect local governments. - SMALL BUSINESSES: Small businesses will not see any additional costs. These rule changes affect individuals and not businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A valid injured spouse claim for the first year filed will protect from collection the portion of a state income tax refund derived from the income of a spouse that doesn't owe a debt. This will result in an increase in the amount of the income tax refund to the married couple, and a decrease in the amount of administrative offset processed by the Division. The amounts will vary by individual case and the Division currently is unable to measure the aggregate impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: Individuals may incur some costs to submit the required documents necessary for a valid claim. This will vary by individual. Copy and mailing costs will be incurred if injured spouse claims are not submitted electronically. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe that these changes are reasonable. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cory Weeks by phone at 801-538-3100, or by Internet E-mail at cweeks@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43803.htm RECORDS COMMITTEE No. 43767 (Amendment): R35-1-2. Procedures for Appeal Hearings. SUMMARY OF THE RULE OR CHANGE: This change is adding a specific person for the petitioner to notify, namely, the Executive Secretary of the Committee. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment has no fiscal impact on the state budget because it is only administrative in nature. - LOCAL GOVERNMENTS: This amendment has no fiscal impact on local governments because it is only administrative and internal in nature. - SMALL BUSINESSES: This amendment has no fiscal impact on small businesses because it is only administrative and internal in nature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment has no fiscal impact on persons because it is only administrative in nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost for complying with this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will not have a fiscal impact on businesses, as it is only administrative in nature, and clarifies a long-standing process utilizing the specific person who currently serves as the Executive Secretary for the Committee. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kendra Yates by phone at 801-531-3856, or by Internet E-mail at kendrayates@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43767.htm AGRICULTURE AND FOOD REGULATORY SERVICES No. 43777 (Amendment): R70-310. Grade A Pasteurized Milk. SUMMARY OF THE RULE OR CHANGE: The changes to this rule correct an incorrect citation to the Utah Code. Additionally, it updates the reference to FDA documents from the 2013 version to the current 2017 version. The 2017 versions of these documents add clarity to the preventive control requirements due to a change in the federal law. Additionally, they provide additional guidance on how to conduct a tetracycline-based antibiotics test. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any impact on state government revenues or expenditures because these changes only correct a citation and clarify previously existing provisions. - LOCAL GOVERNMENTS: There are no anticipated costs or benefits to local governments as this rule neither requires action from nor provides benefits to local governments. - SMALL BUSINESSES: These rule changes are not expected to have any impact on small businesses' revenues or expenditures because these changes only correct a citation and clarify previously existing provisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not anticipated to have any fiscal impact on persons other than small businesses, businesses, or local governments entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: These rule changes are not expected to have any impact on revenues or expenditures because these changes only correct a citation and clarify previously existing provisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes are not expected to have any impact on revenues or expenditures because these changes only correct a citation and clarify previously existing provisions. However, these changes are necessary to ensure that Utah producers and processor may continue to have access to the market. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4978, or by Internet E-mail at mure@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43777.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43779 (Amendment): R156-50. Private Probation Provider Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R156-50-102 amendments define "client" and "evidence based assessment tool". Section R156-50-502 amendments add to unprofessional conduct failing to comply with the Utah Sentencing Commission Supervision Length Guidelines. Section R156-50-601 amendments clarify and modify the probation supervision requirements for risk/needs assessments, revise interviewing time schedules and timelines for communicating with the sentencing court, and add requirements for providing lists of fees to clients and notifying them of grievance procedures. Section R156-50-602 amendments modify the Presentence Investigative Report requirements and clarify who must be interviewed. Section R156-50-603 amendments modify certain duties and responsibilities of the private probation provider and staff. Section R156-50-604 amendments update requirements regarding fines, restitution, and service fees per current industry practices, and add disclosure and financial responsibility standards. Section R156-50-605 amendments add requirements with respect to providing additional services, obtaining informed consent, and displaying licensure. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state government entities will be directly affected by these amendments because the constrained parties consist only of licensed private probation providers and the businesses that employ them. Additionally, there are no state government entities acting as businesses that will be impacted. As a result, this rule is not expected to impact the state beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to print and distribute the rule and updating current rule posting locations and materials once the proposed amendments are made effective. - LOCAL GOVERNMENTS: No local governments will be directly affected by these amendments because the constrained parties consist only of licensed private probation providers and the businesses that employ them. Additionally, there are no local governments acting as businesses that will be impacted. As a result, this rule is not expected to impact local governments. - SMALL BUSINESSES: There are a total of 127 licensed private probation providers in Utah (NAICS 624190), of which all are small businesses. These small businesses may experience an indirect fiscal cost from providing the additional paperwork containing the grievance procedures required for their employees to keep active licensure. Small businesses could incur costs for additional training in the proposed additions to this rule. However, this is not likely to happen as the industry partners who participated with this rule's working group indicated that the proposed changes reflect current industry practices. As a result, this rule is not expected to impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are a total of 127 licensed private probation providers in Utah. These proposed rule changes may have an indirect fiscal cost associated with providing the additional paperwork containing the grievance procedures. Other persons could incur costs for additional training in the proposed additions to this rule. However, this is not likely to happen as these proposed changes reflect current industry practices. As a result, this rule is not expected to affect other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are a total of 127 licensed private probation providers in Utah. These proposed rule changes may have an indirect fiscal cost associated with providing the additional paperwork containing the grievance procedures. Licensees could incur costs for additional training in the proposed additions to this rule. However, this is not likely to happen as these proposed changes reflect current industry practices. As a result, this rule is not expected to affect licensees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Small Businesses: There are a total of 127 licensed private probation providers in Utah (NAICS 624190), of which all are small businesses. These small businesses may experience an indirect fiscal cost from providing the additional paperwork containing the grievance procedures required for their employees to keep active licensure. Small businesses could incur costs for additional training in the proposed additions to this rule. However, this is not likely to happen as the industry partners who participated with this rule's working group indicated that the proposed changes reflect current industry practices. As a result, this rule is not expected to impact small businesses. Non- Small Businesses: There are a total of 127 licensed private probation providers in Utah (NAICS 624190), none of which are non-small businesses. No fiscal impact will affect any non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/15/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43779.htm EDUCATION ADMINISTRATION No. 43794 (New Rule): R277-305. School Leadership License Areas of Concentration and Programs. SUMMARY OF THE RULE OR CHANGE: The purpose of Rule R277-305 is to specify the requirements for a professional school leadership license area of concentration, and specify the standards which the Board expects of a school leadership preparation program prior to program approval. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule may have a fiscal impact on state government revenues or expenditures. The purpose of this rule is to specify the requirements for a professional school leadership license area of concentration, and specify the standards which the Board expects of a school leadership preparation program prior to program approval. Under this rule, the Superintendent shall explore the adoption of a performance-based school leadership assessment and make recommendations to the Board by 09/01/2020. If the Board chooses to adapt an existing assessment or develop a Utah-specific assignment and fund it at the state level, then this assessment may increase state expenditures. However, this assessment will be part of a legislative request so the rule itself will not lead to additional state expenditures since it will need an appropriation to fund it. In other words, without an additional appropriation then this assessment will not be funded at the state level and alternatively could be funded through an assessment fee similar to other states. - LOCAL GOVERNMENTS: This rule is not expected to have any fiscal impact on local governments' revenues or expenditures. The purpose of this rule is to specify the requirements for a professional school leadership license area of concentration, and specify the standards which the Board expects of a school leadership preparation program prior to program approval. This rule will not have a direct fiscal impact on local education agencies (LEAs). - SMALL BUSINESSES: This rule is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to school leadership license areas and preparation programs and thus does not apply to small businesses since the Board is responsible for establishing standards for licensure and school leadership preparation programs (programs run through Utah colleges and universities). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. The purpose of this rule is to specify the requirements for a professional school leadership license area of concentration, and specify the standards which the Board expects of a school leadership preparation program prior to program approval. Currently, to receive an administrative license, an individual must pass a Board-approved administrative licensure test. This test is paid for by individuals wishing to earn their administrative license. Thus, the potential change to the performance-based school leadership assessment is expected to be cost neutral for 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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service deliveries for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for, non-small businesses. This rule is not expected to have an independent fiscal impact on state expenditures and it will not have a fiscal impact on LEAs 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43794.htm No. 43787 (New Rule): R277-322. LEA Codes of Conduct. SUMMARY OF THE RULE OR CHANGE: Rule R277-517 is being repealed and the information is moved to this proposed rule, R277-322, and will include provisions required in H.B. 391 (2019), including provisions related to the Board's model "appropriate behavior policy". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-322 is created from Rule R277-517 and it includes provisions required in H.B. 391 (2019). This new rule replaces the term "code of conduct" with "appropriate behavior policy" which is defined in statute (H.B. 391). This rule also requires the Board to create a model appropriate behavior policy. However, this requirement comes directly from the legislation so any fiscal impact regarding staff time to create the model policy is a result of this statutory change and not this rule. Thus, this proposed rule is not expected to have a fiscal impact on state government revenues or expenditures. - LOCAL GOVERNMENTS: Rule R277-322 is created from Rule R277-517 and it includes provisions required in H.B. 391 (2019). This new rule replaces the term "code of conduct" with "appropriate behavior policy" which is defined in statute (H.B. 391). This rule also requires the Board to create a model appropriate behavior policy. This proposed rule is not expected to have a fiscal impact on local governments' revenues or expenditures because local education agencies (LEA) were already required to adopt a code of conduct. They may have to modify their policy, but this change is a result of the statutory change and not this new rule. - SMALL BUSINESSES: This proposed rule is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to LEA behavior policies and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to LEA behavior policies 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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impacts on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This proposed rule has no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43787.htm No. 43788 (Amendment): R277-477. Distributions of Funds from the Trust Distribution Account and Administration of the School LAND Trust Program. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule reflect minor technical recommendations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. This rule applies to the distribution of funds from the Trust Distribution Account and administration of the School LAND Trust Program. These rule changes include technical corrections, changes based on H.B. 48, School Trust Fund Modifications (2019 General Session), and clarifies that the compliance review processes of the School LAND Trust Program and school community councils are conducted under the direction of the Superintendency and are subject to Rule R277-114. None of these changes impact state revenues or expenditures. - LOCAL GOVERNMENTS: These rule changes are not expected to have a fiscal impact on local governments' revenues or expenditures. This rule applies to the distribution of funds from the Trust Distribution Account and administration of the School LAND Trust Program. These rule changes include technical corrections, changes based on H.B. 48 (2019), and clarifies that the compliance review processes of the School LAND Trust Program and school community councils are conducted under the direction of the Superintendency and are subject to Rule R277-114. This program is funded with revenue generated from school trust lands and these rule changes will not impact the distribution of school trust lands funding to schools. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the distribution of funds from the Trust Distribution Account, and administration of the School LAND Trust Program which is funded with revenue generated from school trust lands, 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 distribution of funds from the Trust Distribution Account, and administration of the School LAND Trust Program which is funded with revenue generated from school trust lands, 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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These proposed rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43788.htm No. 43789 (Amendment): R277-491. School Community Councils. SUMMARY OF THE RULE OR CHANGE: Amendments to this rule include minor technical recommendations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes include technical corrections and changes based on H.B. 48 (2019). These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. This rule applies to School Community Councils which administer the School LAND Trust Program and none of these changes impact state revenues or expenditures. - LOCAL GOVERNMENTS: These rule changes include technical corrections and changes based on H.B. 48 (2019). These rule changes are not expected to have a fiscal impact on local education agencies (LEAs). This rule applies to School Community Councils which administer the School LAND Trust Program. This program is funded with revenue generated from school trust lands and these rule changes will not impact the distribution of school trust lands funding to schools. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to School Community Councils which administer the School LAND Trust Program which is funded with revenue generated from school trust lands, 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 School Community Councils which administer the School LAND Trust Program which is funded with revenue generated from school trust lands, 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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These proposed rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43789.htm No. 43790 (Repeal): R277-517. LEA Codes of Conduct. SUMMARY OF THE RULE OR CHANGE: Rule R277-517 is being repealed and the information moved into Rule R277-322, and will include provisions required in H.B. 391 (2019) and the model "appropriate behavior policy". Rule R277-322 will also include the applicable requirements from Rule R277-517. Rule R277-517 is repealed in its entirety. (EDITOR'S NOTE: The proposed new Rule R277-322 is under Filing No. 43787 in this issue, July 1, 2019, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-517 is being repealed because it is being moved into Rule R277-322 and will include provisions required in H.B. 391, Modifications to Governmental Immunity Provisions (2019 General Session). This repeal is not expected to have a fiscal impact on state government revenues or expenditures because Rule R277-517 is fully captured in proposed new Rule R277-322 so the major change is not substantive. - LOCAL GOVERNMENTS: Rule R277-517 is being repealed because it is being moved into Rule R277-322 and will include provisions required in H.B. 391 (2019). This repeal is not expected to have a fiscal impact on local governments' revenues or expenditures because Rule R277-517 is fully captured in proposed new Rule R277-322 so the major change is not substantive. - SMALL BUSINESSES: This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to LEA codes of conduct thus does not apply to small businesses. - 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. This rule applies to LEA codes of conduct 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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed repeal is not expected to have any fiscal impacts on non- small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of or generate revenue for non-small businesses. This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43790.htm No. 43791 (Amendment): R277-522. Entry Years Enhancements (EYE) for Quality Teaching - Level 1 Utah Teachers. SUMMARY OF THE RULE OR CHANGE: The amendment to Rule R277-522 adds a sunset date of 06/30/2023, and establishes a clear date when the Praxis Principles of Learning and Teacher (PLT) test will no longer be required. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on state government revenues or expenditures. In the Board's redesign of the educator licensing system, the need for this rule has been eliminated. Thus, this rule change adds a sunset date of 06/30/2023, and establishes a clear date when the PLT test will no longer be required. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures. In the Board's redesign of the educator licensing system, the need for this rule has been eliminated. Thus, this rule change adds a sunset date of 06/30/2023, and establishes a clear date when the PLT test will no longer be required. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to educator licensing and thus does not apply to small businesses since the Board is responsible for educator licensing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. In the Board's redesign of the educator licensing system, the need for this rule has been eliminated. Thus, this rule change adds a sunset date of 06/30/2023, and establishes a clear date when the PLT test will no longer be required. 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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impacts on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This rule change has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43791.htm No. 43795 (Amendment): R277-600. Student Transportation Standards and Procedures. SUMMARY OF THE RULE OR CHANGE: Modifications to Utah State Board of Education (Board) Sections Rule R277-600-6 and R277-600-10 implement the removal of the Guarantee Transportation Levy Program and Section R277- 600-13 creates the criteria for implementation the Rural School District Transportation Grant Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. These changes remove language regarding the Guarantee Transportation Levy and add language for the Rural School District Transportation Grant Program. In S.B. 4, Public Education Budget Adjustments (2019), language for the Guarantee Transportation Levy was removed from statute and language was added outlining the Rural School District Transportation Grant Program along with funding adjustments for the statutory changes. Thus, these rule changes will not have an independent fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. These changes remove language regarding the Guarantee Transportation Levy and add language for the Rural School District Transportation Grant Program. In S.B. 4 (2019), language for the Guarantee Transportation Levy was removed from statute and language was added outlining the Rural School District Transportation Grant Program along with funding adjustments for the statutory changes. Thus, these rule changes will not have an independent fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures. These rule changes apply to state school transportation programs and thus do 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. These rule changes apply to state school transportation programs 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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These proposed rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43795.htm No. 43813 (Amendment): R277-707. Enhancement for Accelerated Students Program. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to include new language for a split approach to funding allocation for AP courses, and to clarify requirements to promote equity of access to Gifted and Talented, Advanced Placements and International Baccalaureate programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. This rule applies to the Enhancement for Accelerated Students Program which is funded with a state appropriation and that is not affected by the changes in this rule. - LOCAL GOVERNMENTS: These rule changes will have a fiscal impact on local education agencies (LEAs). They change the funding distribution formula for the advanced placement program for LEAs. Prior to these changes, the funds were distributed based on advanced placement exams passed with a 3 or higher. With these rule changes, these funds will be distributed with 70% of the funds for exams passed with a 3 or higher and 30% for enrollment in advanced placement classes. The total amount of funding going to LEAs for advanced placement will remain the same, but some LEAs may receive more funding for advanced placement and other LEAs may receive less funding for advanced placement depending on enrollment and exams passed. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the Enhancement for Accelerated Students Program which is state funded, and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the Enhancement for Accelerated Students Program which is state funded and thus does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These proposed rule changes are not expected to have any fiscal impacts on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43813.htm No. 43793 (Amendment): R277-710. Intergenerational Poverty Interventions in Public Schools. SUMMARY OF THE RULE OR CHANGE: The following has been amended in Rule R277-710: 1) an increase in the grant range from $150,000 to $200,000 per school year; 2) added a new Section R277-710-5; 3) updated the application process in Section R277-710-6; and 4) amended Superintendent Oversight and Reporting Requirements in Section R277-710-7. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is being updated based on feedback and consistency with other programs. These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. This rule applies to the Intergenerational Poverty Interventions Grant Program which is funded with a state appropriation which is not affected by these changes. - LOCAL GOVERNMENTS: The rule is being updated based on feedback and consistency with other programs. These rule changes may have a fiscal impact on some local education agencies (LEAs). For program applicants without an existing after school program, under these rule changes, they may apply for grants of up to $200,000 instead of up to $150,000. A specific fiscal impact from these changes cannot be calculated because the Board does not know how many applicants will apply for and receive a grant over $150,000. The change to $200,000 does not apply to schools with existing after school programs. The total amount of funding going to LEAs for the program will remain the same. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the Intergenerational Poverty Interventions Grant Program which is state funded and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the Intergenerational Poverty Interventions Grant Program which is state funded. These rule changes include coordinating language with Rule R277- 407 on school fees, but these change are not expected to have a fiscal impact on 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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These proposed rule changes are not expected to have any fiscal impacts on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes may have a fiscal impact on LEAs although the specific impact is not quantifiable, but it will not have a fiscal impact on 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43793.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 43806 (Amendment): R307-110-31. Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability. SUMMARY OF THE RULE OR CHANGE: Section R307-110-31 is amended by changing the date of the last adoption by the Air Quality Board to 90/04/2019. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on the state budget. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change will not have a compliance cost for 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 this proposed rule amendment 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/04/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43806.htm No. 43807 (Amendment): R307-110-36. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County. SUMMARY OF THE RULE OR CHANGE: Section R307-110-36 is amended by changing the date of the last adoption by the Air Quality Board to 09/04/2019. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on the state budget. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change will not have a compliance cost for 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 this proposed rule amendment 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/04/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43807.htm No. 43808 (Amendment): R307-204. Emission Standards: Smoke Management. SUMMARY OF THE RULE OR CHANGE: Rule R307-204 has been amended to include required language as directed in Section 19-2-107.5. Additional amendments have been made to streamline this rule, combining similar sections and removing redundancies, outdated language, and outdated conformity policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on the state budget. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on 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. COMPLIANCE COSTS FOR AFFECTED PERSONS: These rule changes will not have a compliance cost for affected persons. These proposed changes do not alter previously existing requirements. 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 amendments 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/04/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43808.htm WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 43810 (Amendment): R313-19-34. Terms and Conditions of Licenses. SUMMARY OF THE RULE OR CHANGE: The proposed rule change incorporates the requirements of 10 CFR 30.34(9), and consequently the requirements of 10 CFR 35.204(a), which requires commercial radiopharmacies to test each eluate from the elution of Molybdenum-99/Technetium (Mo-99/Tc-99m) generators for breakthrough instead of testing only the first eluate from the generator. Additionally, the change requires that results of breakthrough tests that exceed permissible concentrations from all medical generators be reported to the Director of the Division of Waste Management and Radiation Control (DWMRC) and the manufacturer of the generator. The reports must be made within a specified time frame and must be made by telephone and in writing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In the state of Utah there are two state-owned entities that provide commercial radiopharmacy services (NAICS# 325412). Only one of these entities uses medical generators to prepare dosages for distribution to other licensees for medical use under the provisions of Rule R313-32. Until 2002, testing each eluate of a Mo-99/Tc-99m medical generator for breakthrough was required. The 2002 revisions of 10 CFR Part 35 eliminated this requirement. Presently, only the initial elution of a Mo-99/Tc-99m medical generator is required to be tested for the breakthrough concentration of a specific impurity. Subsequent elutions are not required to be tested. Even so, radiopharmacy licensees in the state of Utah continued to test every eluate for the breakthrough concentrations. Due to certain incidents that occurred after 2002, the NRC determined that the requirement was necessary for patient safety. The requirement was reinstated in the regulations and a reporting requirement was added. Because the radiopharmacies in the state of Utah continued to test each eluate from the Mo-99/Tc-99m generators, there will be no increase to the number of breakthrough tests that must be conducted. The number of tests that may exceed the permissible concentration limits is not known but is estimated by the NRC to be about seven reports per year based on reports voluntarily made by medical licensees across the nation. The reports must be made by the licensee to the Director of DWMRC and the generator's manufacturer. The licensee's presently report any breakthrough test that exceeds the permissible concentration to the generator's manufacturer, therefore the proposed rule change will only add a requirement to make the report to the Director of DWMRC. There are no fees proposed in the rule change, therefore, there are no direct or indirect fiscal impacts associated with the proposed rule change. Since no additional breakthrough testing will be required and the required reports are presently made to the generator's manufacturer, the licensee is expected to experience a direct fiscal impact related to reporting breakthrough tests that exceed the permissible concentration to the Director of DWMRC. Using the estimated personnel time required to make the report and the mean hourly wage of a pharmacist to determine the potential costs associated with seven reports for results that exceed the permissible concentration, it is expected that the licensee may experience a direct fiscal impact of about $420. The proposed rule change requires licensees to report the results of medical generator breakthrough tests that exceed permissible concentration limits to the Director of the DWMRC. There are no fees associated with the rule change; therefore, there are no expected direct or indirect fiscal impacts for the revenues or expenditures of the DWMRC. Using the number of reports that may be made to the Director each year by all affected licensees, as estimated by the NRC, the DWMRC may receive about 14 reports annually. Based on the number of reports, the estimated time for processing the reports and evaluating the incident, and estimated personnel costs, the DWMRC is expected to experience an indirect fiscal impact of about $2,520 per year. (EDITOR'S NOTE: A proposed amendment to Rule R313-32 is under Filing No. 43812 in this issue, July 1, 2019, of the Bulletin.) - LOCAL GOVERNMENTS: The proposed rule change is not expected to have any fiscal impact on local governments' revenues or expenditures because interactions due to the proposed rule change with government agencies all occur at the state government level. There is no interaction of local government agencies with either the licensee or the DWMRC with respect to this rule. - SMALL BUSINESSES: There is one small business in the state of Utah that has been issued a radioactive materials license to provide commercial radiopharmacy services (NAICS# 325412) in the state. The assumptions as stated above under the state budget answer remain the same for the analysis of the impacts to small businesses. The commercial radiopharmacy uses Mo-99/Tc-99m generators and other medical generators to prepare dosages for distribution to other licensees who use radioactive materials for medical use under the provisions of Rule R313- 32. The proposed rule change will require the licensee to test each eluate from the Mo-99/Tc-99m generator to ensure that the breakthrough does not exceed the permissible concentration; however, the radiopharmacy presently performs this testing and there will be no change to the licensees operations due to this proposed rule change. Additionally, the proposed rule change requires that a breakthrough test that exceeds the permissible concentration be reported to the state and the manufacturer. Reports are currently made to the manufacturer if a permissible breakthrough concentration limit is exceeded as required by the manufacturer. Based on voluntary reports made to the NRC over the years, the NRC estimates that licensees will report approximately seven tests where the results of breakthrough tests exceed the permissible concentration each year. The licensee is expected to have a direct fiscal impact related to the reporting requirement of about $420 per year. There are no other direct fiscal impacts expected to be experienced by the licensee. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is possible that the 47 medical use radioactive materials licensees could experience an indirect fiscal impact from the proposed rule change if the radiopharmacy licensees increase the prices they charge for the dosages they prepare from the Mo-99/Tc-99m eluate due to the increased indirect fiscal costs they will incur; however, the expected costs to the licensee are not significant. Therefore, it is likely that the prices charged to medical use licensees will remain the same. At this time, it is not expected that medical use licensees will experience direct or indirect fiscal impacts due to this proposed change. COMPLIANCE COSTS FOR AFFECTED PERSONS: The affected licensees will experience an estimated total of $420 annually to remain compliant with this proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Although the proposed rule change will directly cost the affected licensees about $420 in personnel costs to provide the required reports to the state, the proposed rule change is necessary to enhance patient safety. There were a number of cases where a medical generator's eluate exceeded the permissible concentration limit and was found by a licensee that was voluntarily testing the eluates at a greater frequency than required. There were also a number of cases where a patient set off a monitoring portal after the medical isotope they had been administered should have decayed to undetectable levels. This was the result of the breakthrough concentration exceeding the permissible concentration at the time of administration to the patient. Since there was no reporting requirement, even though a few of these instances occurred simultaneously in different parts of the nation, the NRC and the agreement states were not able to quickly identify the issue and address corrective measures. The reporting requirement was proposed to address patient safety, and provide a mechanism for tracking and a timely response and solution to address the unnecessary patient exposure to radiation from elevated breakthrough concentrations. Given the small number of expected reports that will be made to the DWMRC, processing the reports will have a minimal impact on the work assigned to DWMRC personnel. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gwyn Galloway by phone at 801-536-4258, by FAX at 801-533-4097, or by Internet E-mail at ggalloway@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43810.htm No. 43809 (Amendment): R313-22-75. Special Requirements for a Specific License to Manufacture, Assemble, Repair, or Distribute Commodities, Products, or Devices Which Contain Radioactive Material. SUMMARY OF THE RULE OR CHANGE: These proposed rule changes incorporate corresponding federal regulations in 10 CFR 32.72 that clarify the requirements regarding the labeling for radioactive drugs manufactured and prepared by commercial radiopharmacies and manufacturers for distribution to licensees for medical use under Rule R313-32. Additionally, individuals who are certified by an approved specialty board and seek to be named on a radioactive materials license as an Authorized Nuclear Pharmacist (ANP) will no longer be required to submit a written attestation statement regarding their training and experience. (EDITOR'S NOTE: a proposed amendment to Rule R313-32 is under Filing No. 43812 in this issue, July 1, 2019, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are two commercial radiopharmacies (NAICS# 325412) with radioactive materials licenses operated by the University of Utah that manufacture or prepare radioactive drugs under the supervision of an ANP for transfer or distribution to radioactive materials licensees for medical use under Rule R313-32. Additionally, the Division of Waste Management and Radiation Control, Radiation (Division) has regulatory oversight of the radiopharmacy licensees and reviews the training and experience (qualifications) of individuals who are to be named on the radiopharmacy licenses as an ANP. There are no fees assessed by the proposed rules; therefore, there are no direct or indirect fiscal impacts associated with the proposed rule changes for any state agency, including the commercial radiopharmacies. Additionally, the proposed changes for the labeling requirements are not expected to have direct or indirect non-fiscal impacts on revenues or expenditures for any state agency or the commercial radiopharmacies. This is because the proposed changes clarify the labeling requirements for radioactive drugs manufactured or prepared by the radiopharmacies and require no changes to the labeling or the labeling procedures currently in use by the radiopharmacies. These proposed rule changes also address changes to documentation required to be submitted for individuals who are board certified by an approved specialty board and who are applying to be named as an ANP on a radioactive materials license. There are three potential pathways in the requirements that an individual can use to qualify to be named as an ANP on a radioactive materials license. Only one of these pathways requires that the individual be board certified by an approved specialty board, but all of the pathways currently require the submission of a written attestation statement. These proposed rule changes remove the submission of the written attestation statement for an application to become an ANP from only one of the three pathways. The written attestation statement will still be required for the other two qualification pathways. The NRC estimates that about 30 % of the individuals that are named on a radioactive materials license as an ANP used the board certification pathway to qualify as an ANP. The employment opportunities for ANPs is very limited. In the state of Utah, there are a total of 10 individuals named as ANPs (seven by state-operated radiopharmacies and three in a small business radiopharmacy). The number of ANPs in the state has remained stable and no positions have been added or lost for a number of years. Given the limited employment opportunities, once an ANP is named on a radioactive materials license, it has been observed that the ANP will remain employed with that entity until they retire. Therefore, in the state of Utah it has been observed that turnover of ANPs rarely occurs; NRC estimates a turnover rate of 10% for ANPs. There is no expectation that one of the seven ANPs employed by the state-operated radiopharmacies will leave employment in the next three years. Because there is no anticipated turnover in the state, the proposed rule changes are not expected to have an actual impact on the radiopharmacies or other state agencies. However, for the purposes of this analysis, it will be assumed that one ANP will leave employment annually and the applicant for the ANP's replacement will be board certified each year. Using these assumptions, there is an expectation that the licensee will experience an estimated direct fiscal benefit of approximately $55 per year. There is typically no cost associated with obtaining a written attestation since the individuals receive a copy of a written attestation upon completion of their schooling. However, there may be a small cost associated with copying the written attestation statement for inclusion with the submitted ANP application. Assuming a cost of $ 0.25 per page for copying, there could be a direct fiscal impact of $0.75. The licensee's Radiation Safety Officer (usually an ANP) and one of the pharmacy technologists would prepare and submit the application for the individual to become an ANP in the same way that an application is presently created and submitted. The only difference would be that the individual would not need to locate the written attestation statement he was given when his training was completed and the licensee would not need to review the attestation and make a copy of the attestation statement to include with the ANP application. The change to completing and reviewing the application would result in an estimated direct fiscal benefit of approximately $55. This would offset the direct fiscal impact of $0.75. The application would be submitted to the Division with the oversight of the licensee for ANP review and approval. The review process for the application would proceed in the same manner as presently used by the Division. The difference for the review of the application would be the indirect fiscal benefit realized from the savings in personnel time related to the review of the written attestation. Therefore, the Division would experience a fiscal benefit estimated to be about $45 for the review of the ANP application. In total, state agencies would experience an estimated direct fiscal impact of $0.75, a direct fiscal benefit of approximately $55, and an estimated indirect fiscal benefit of approximately $45 for each of the ANP applications to name individuals who are board certified by an approved specialty board on a radioactive materials license as an ANP. Assuming one ANP application is received from a commercial radiopharmacy each year, the above stated estimated would be the annual expected impacts to the state's expenditures and revenues. - LOCAL GOVERNMENTS: This rule change is not expected to have any impact on the revenues or expenditures for local governments because it only affects government agencies at a state level. There are no radioactive material licenses issued to local government entities for operation as a commercial radiopharmacy and local governments have no regulatory authority over the use of radioactive materials. - SMALL BUSINESSES: There is one commercial radiopharmacy (NAICS# 325412) that qualifies as a small business and has been issued a radioactive materials license that authorizes them to manufacture and prepare radioactive drugs for transfer or distribution to other licensees for medical use under Rule R313-32. As stated under the state budget answer above, there are no fees associated with these proposed changes. The changes to the labeling requirements will have no impact on the small business licensee since the proposed changes clarify the labeling requirements but do not require the licensee to modify the labels or labeling procedures presently used by the licensee. This radiopharmacy employs a total of three ANPs. As stated above, there are only 10 ANPs employed throughout the state of Utah and turnover is very infrequent. There is no expectation that an ANP will be replaced in the next three years; however, an assumption will be made that one ANP per year will be replaced and the individual applying for the position is board certified by an approved specialty board. The licensee will be expected to experience a direct fiscal benefit worth approximately $55 if not required to submit the written attestation statement with the ANP application. This would offset a direct fiscal impact of $0.75 for copying the attestation statement. These impacts would be per ANP application submitted; however, since one ANP application is assumed to be submitted each year, these would also be the annual impacts for the licensee. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since there are no fees associated with the proposed requirements there are no direct or indirect fiscal impacts of the proposed rule changes for the expenditures or revenues of any "person" as defined above. Licensees are responsible for applying to have individuals named on their radioactive materials licenses as ANPs. Therefore, the impact on a person, as defined above, is minimal. The proposed rule changes will impact a person only if the person is board certified by an approved specialty board and is being added to a radioactive materials license as an ANP. The potential impact for a person would involve the amount of time it would take the person to locate their copy of the written attestation statement they were given upon completion of their training and providing a copy of the attestation statement to the licensee. If it is assumed that the person was paid for the time to gather his attestation statement, bring it to the licensee's facility, make a copy of the statement on the licensee's equipment and provide the copy to the licensee, the person could experience an indirect fiscal benefit worth about $30. This would be a one-time benefit for the person. If the person was to be added to a different radioactive materials license as an ANP in the future after the initial application has been approved, a different pathway for qualification as an ANP would be used and this benefit would not be available. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule changes do not result in additional compliance costs for affected persons other than those stated above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Since the proposed changes to the labeling requirements do not require changes to the current labels or labeling procedures used by radiopharmacy licensees for radioactive drugs that are manufactured or prepared and distributed to other medical use licensees for use under Rule R313-32, this portion of the rule change has no direct or indirect fiscal impact for the affected entities. The other portion of the proposed rule change will only impact a licensee if a new board certified individual is to be added to the licensee's radioactive materials license. There are a number of conditions that would need to be met before this proposed rule change would apply to a licensee or the state agency that would review the qualifications of the proposed ANP. Because all of the conditions would have to be met at the same time for the rule to be applicable, it is highly unlikely that the proposed rule would be applied in the next few years. If the conditions were all met it would be unlikely that more than one ANP would be replaced. Therefore, the potential direct fiscal benefits would be minimal for the savings that would result from not being required to submit a written attestation statement with an application for a new ANP. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gwyn Galloway by phone at 801-536-4258, by FAX at 801-533-4097, or by Internet E-mail at ggalloway@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43809.htm No. 43812 (Amendment): R313-32. Medical Use of Radioactive Material. SUMMARY OF THE RULE OR CHANGE: These proposed rule changes address the removal of the requirement for a written attestation statement from proposed authorized users who are board certified by approved specialty boards, adds the ability for licensees to have Associate Radiation Safety Officers, clarifies requirements for the use of sealed sources in diagnostic procedures, clarifies training and experience requirements for unsealed radioactive materials requiring the use of a written directive, includes additional requirements for testing and reporting requirements for the use of generators used for obtaining specific isotopes, includes changes to the medical event requirements, and adds specific medical event reporting requirements for permanent brachytherapy implants. In addition to the above changes to adopt the NRC revisions, a change is being proposed to add a new subsection, as stated in Subsection R313-32- 2(5), to include specific requirements for holding radioactive waste for "decay-in-storage" (DIS) if the radioactive material has a half-life of greater than 120 days, but less than 175 days. Currently, radioactive waste containing materials with half-lives greater than 120 days is required to be disposed as low-level radioactive waste (LLRW). Recently, a new radioactive drug using Lutetium-177 (Lu-177) was introduced into use at medical facilities in the state of Utah. It has been determined that this drug contains a very small quantity of a radioactive impurity that has a half-life of about 161 days. If the impurity is detected in the radioactive waste, the waste created from the administration of Lu- 177 is required to be disposed as LLRW unless a variance from the Board is requested and approved. In anticipation of the increased use of this radioactive drug, the proposed change will allow the Director to approve an amendment for the DIS of radioactive waste containing materials with half-lives greater than 120 days but less than 175 days on a case-by-case basis. For approval, the licensee would be required to demonstrate that the waste will be secured and safely stored, that the additional waste would not exceed the licensee's storage capacity, and that the licensee will meet the survey criteria required for DIS waste with half-lives of 120 days or less. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The following are very rough estimates of the possible costs and benefits associated with the proposed changes. The implementation of these proposed requirements is dependent on the uses of radioactive materials by each separate licensee. Licensees in the state that use radioactive materials only for diagnostic purposes may not choose or be required to implement any of the proposed changes or may choose to implement just a few of the proposed changes. Licensees using radioactive materials for the therapeutic treatment of patients will be required to implement certain of the proposed changes, but may choose not to implement other proposed changes. Since each licensee is not required to implement all of the proposed rule changes, licensees may choose to avail themselves of some of the proposed requirements that benefit licensees multiple times in a year, may not implement any of the proposed changes or may implement the proposed changes in a myriad of combinations, an estimate of the costs and benefits to licensees and state agencies is difficult to determine. However, rough estimates were made for the proposed changes. For the rough estimates, it was assumed that the 45 medical use licensees could simplistically be separated into businesses that provide both diagnostic and therapeutic treatments with radioactive materials and those licensees that provide only diagnostic services using radioactive materials. It was also assumed that each group would use each of the proposed rule change s possibly applicable to their operations at least once in a year. As an example, it was assumed that businesses performing only diagnostic scans would have no need to add an Associate Radiation Safety Officer (ARSO) to their radioactive materials license since the types of radioactive materials used at these facilities would be limited. Also, since the requirements of Rule R313- 32 (incorporating 10 CFR 35.490 or 10 CFR 35.690 by reference) apply only to the therapeutic use of radioactive materials, these requirements would not be applicable to those businesses that only provide diagnostic services. Lastly, for determining the costs or benefits associated with the proposed requirements, all estimates for the number of licensees affected by the proposed requirement was rounded up to the next whole number when calculating the number of impacted licensees. There are currently 45 licensees authorized to medically use radioactive materials pursuant to Rule R313-32. Therefore, the DWMRC provides regulatory oversight for 45 medical use licensees. Of these, four are operated by a state-owned and operated entity. One of these four licensees provides both diagnostic and therapeutic treatments for patients while the other three licensees limit their practices to diagnostic services. There are no fees associated with the proposed rule changes. The proposed rule changes will result in both direct fiscal costs and direct fiscal benefits in the form of personnel costs and savings to the state licensees. Using the NRC's regulatory impact analysis associated with the federal regulatory changes to 10 CFR Part 35 (ML16124B034, Secy-16- 0080; Enclosure 2) as guidance and using the assumptions stated above, for the four licensees there may be an estimated direct fiscal cost for the implementation of these requirements of approximately $2,963.96. In addition, the four licensees could experience an annual direct fiscal cost of approximately $1,064.49 and a direct fiscal benefit of approximately $2,102.45. In addition to the direct fiscal costs and benefits, the state may also experience indirect fiscal cost and benefits related to the regulatory oversight of the licensees. These costs and savings are based on personnel costs and savings and are related to the processing of requests to add authorized users and other changes to the radioactive materials licenses, as well as, responses to reports made to the state due to the proposed changes. The state will incur a one-time indirect fiscal cost of about $6,480 to implement the proposed changes and an annual ongoing indirect fiscal cost of about $971.10 for the regulatory oversight of the proposed changes. In addition to the stated indirect fiscal costs, the state could also experience indirect fiscal benefits of about $3,870.00 annually. These licensees will also be impacted by the requirement proposed for the disposal of certain materials. This requirement will result in a direct benefit to the licensees; however, the benefit cannot be analyzed at this time. The radioactive material in question is from a new medical treatment for certain cancers and it is unknown how many facilities will provide this treatment to patients or how much waste will be created from its use. Therefore, this direct fiscal benefit cannot be estimated. In total, the state may experience one-time direct fiscal implementation costs of about $2,963.96 and experience ongoing direct fiscal costs of about $1,064.49. Additionally, the state may experience one-time indirect fiscal implementation costs of about $6,480 and indirect fiscal costs of about $971.10 annually. The state may also experience direct fiscal benefits of approximately $2,102.45 and indirect fiscal benefits of about $3,870 annually. - LOCAL GOVERNMENTS: These proposed rule changes are not expected to have any impact on the revenues or expenditures for local governments because it only affects government agencies at a state level. There are no radioactive material licenses for the medical use of radioactive materials issued to a local government entity. Additionally, local governments have no regulatory authority for the possession and use of radioactive materials. - SMALL BUSINESSES: There are 12 small businesses in the state of Utah that have radioactive materials licenses authorizing the medical use of radioactive materials (NAICS # 622111). Of the 12 licensees, 5 of the licensees provide only diagnostic services to their patients. The remaining 7 licensees provide treatment for various cancers and other therapeutic treatments. There are no fees associated with the proposed rule changes. The referenced information and noted assumptions stated under the state budget answer above were also used to develop the analysis for this section. As stated above, licensees may experience both one-time and ongoing (annual) direct fiscal impacts associated with the implementation of the proposed requirements. The 5 licensees limited to providing diagnostic treatments may experience one-time direct fiscal impacts of about $906.75 and ongoing direct fiscal impacts of about $525.92. Additionally, these licensees may experience annual direct fiscal benefits of approximately $1,450.80. The remaining 7 small business licensees, who provide both diagnostic and therapeutic treatments to patients, may incur direct fiscal impacts of about $7,846.12 to implement the proposed changes and annual direct fiscal impacts of about $1,904.18. Licensees providing both diagnostic and therapeutic services using radioactive materials may also experience direct fiscal benefits of about $4,532.30 annually. In total, the licensees considered to be small businesses may experience one-time direct fiscal implementation costs of about $17,846.05 and annual direct fiscal costs of about $2,430.10. The small business licensees may also experience annual direct fiscal benefits of approximately $5,983.10. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is difficult to determine how many persons as defined above will be impacted by these proposed rule changes. An individual will only be affected by the proposed rule changes regarding applications to be named on a license as an authorized user or an authorized medical physicist if the individual is board certified and has not previously been named on a radioactive materials license. This information cannot be determined until the information is received. The NRC determined that there is about a 3% turnover rate for licensees, but this includes individuals leaving employment at one facility and beginning practice on a different license. Assuming that each licensee has approximately four unique physicians named on the license and there are eight medical physicists in the state, there are about 200 individuals named on the 45 medical licenses. If a 3% turnover is assumed, 6 of the individuals would leave employment. If those individuals are replaced by physicians that have never been named on a license, it is assumed that 30% of those individuals would be certified by one of the approved specialty boards. Therefore, it is possible that two individuals might benefit from the proposed changes to the requirements. This would be an indirect fiscal benefit in that the individuals will save the time necessary from collecting the written attestation statements that they were provided when completing their schooling and providing it to their new employer (the licensee) for the licensee to request that the individual be added to the license. It is estimated that this would save each individual about one half hour of time spent to locate the paperwork they were previously given. Therefore, each individual may experience a direct fiscal benefit of about $64.25 or a total of about $128.50 for both individuals. Note that this is a one-time benefit unless the individual requests to expand their radioactive material authorizations to add additional radioactive materials approvals for materials that they have not used before. COMPLIANCE COSTS FOR AFFECTED PERSONS: Small business licensees providing diagnostic services may incur one-time direct fiscal cost of $181.35 and ongoing (annual) fiscal cost of about $105.18 per licensee to implement the proposed changes. These direct fiscal costs will be offset by the potential direct fiscal benefits of about $290.16 that may be experience by each of these licensees. Small business licensees providing both diagnostic and therapeutic services may experience one- time direct fiscal cost of about $2,419.90 and ongoing (annual) direct fiscal cost of approximately $272.03 per licensee. Additionally, each of these licensees may experience direct fiscal benefit of about $647.47 per license. Non-small business licensees providing diagnostic services may incur one-time direct fiscal cost of $181.35 and ongoing (annual) fiscal cost of about $217.62 per licensee to implement the proposed changes. These direct fiscal costs may be offset by the potential direct fiscal benefit of $435.24 that could be experienced by each of these licensees. Non-small business licensees providing both diagnostic and therapeutic services may experience one-time direct fiscal cost of about $2,419.90 and ongoing (annual) direct fiscal cost of approximately $285.10 per licensee. Additionally, each of these licensees could experience direct fiscal benefit of about $560.97 per license to offset the costs associated with the proposed changes. Individuals who are approved by an authorized specialty board and work for a licensee who wishes to add the individual to the licensee's radioactive materials license may save approximately one half hour of their time to locate the written attestation statement that they were provided upon completion of their training. Therefore, each individual may save about $64.25. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed requirements are being adopted to remain compatible with the US Nuclear Regulatory Commission requirements and to include specific requirements for holding radioactive waste for "decay- in-storage" (DIS) if the radioactive material has a half-life of greater than 120 days but less than 175 days. Although rough estimates of the possible costs and benefits to these entities are provided above, the numbers may not be very accurate for each separate licensee. Many of the proposed changes may or may not be implemented by a licensee depending on the types of radioactive materials used. Additionally, many of the proposed requirements could be used many times within a year. For example, if the licensee is adding multiple authorized users for radioactive materials listed in Rule R313-32 (incorporating 10 CFR 35.100 by reference), the licensee may experience the possible direct fiscal benefit associated with the proposed changes for each board approved individual that is being added to their license. It is also possible that the licensee will not experience a benefit from the addition of any individual to the license if the individuals are not board certified or were previously named on another radioactive materials license. Licensees may implement the proposed changes in a myriad of combinations or may not implement any of the proposed changes. Because of this, there is a wide range of potential costs and benefits associated with the proposed changes for each licensee. The reported costs and benefits assume that each licensee would implement the proposed changes applicable to the two main categories of services provided at least once, unless the proposed changes were not applicable to the facilities within the state. For example, although the proposed changes add a requirement to test the breakthrough concentration for each eluate of a Mo-99/Tc-99m medical generator, there are no medical use licensees that possess one of these generators therefore, the costs associate with the testing of the generator were not addressed in the estimate. The possible direct fiscal benefits associated with the addition of the requirement regarding the disposal of certain radioactive waste were also not included in the estimate. The radioactive materials address by the requirement added by the DWMRC are new to the market and there is no data available for its use in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gwyn Galloway by phone at 801-536-4258, by FAX at 801-533-4097, or by Internet E-mail at ggalloway@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43812.htm GOVERNOR ECONOMIC DEVELOPMENT No. 43814 (Amendment): R357-15. Enterprise Zone Tax Credit. SUMMARY OF THE RULE OR CHANGE: Section R357-15-2 creates and updates definitions that are used to administer the program. Section R357-15-4 is updated to more accurately reflect the documentation and verification requirement for participation in the program. Section R357-15-5 is updated to more accurately reflect the application review and authorization process to receive an enterprise zone tax credit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. These changes merely codify the procedures the Office of Economic Development (Office) under the Governor's office has historically used. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments. These changes merely codify the procedures the Office has historically used. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. These changes merely codify the procedures the Office has historically used. - 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. These changes merely codify the procedures the Office has historically used. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. These changes merely codify the procedures the Office has historically used. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes will not result in fiscal impact to businesses. These changes merely codify the procedures the Office has historically used to administer the program. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 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: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43814.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43796 (Amendment): 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. (EDITOR'S NOTE: A corresponding 120-day (emergency) rule filing that is effective as of 05/07/2019 is under Filing No. 43706 in the June 1, 2019, issue of the Bulletin.) 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 proposed amendment to Section R414-311-6 is under Filing No. 43797 and the proposed new rule filing for Rule R414-312 is under Filing No. 43798 in this issue, July 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 filing 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 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: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43796.htm No. 43797 (Amendment): 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. (EDITOR'S NOTE: A corresponding 120-day (emergency) rule filing that is effective as of 05/07/2019 is under Filing No. 43707 in the June 1, 2019, issue of the Bulletin.) 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 proposed amendment to Rule R414-303 is under Filing No. 43796 and the proposed new rule filing for Rule R414-312 is under Filing No. 43798 in this issue, July 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 filing 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 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: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43797.htm No. 43798 (New 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. (EDITOR'S NOTE: A corresponding 120-day (emergency) rule filing that is effective as of 05/07/2019 is under Filing No. 43708 in the June 1, 2019, issue of the Bulletin.) 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 proposed amendment to Rule R414-303 is under Filing No. 43796 and the proposed amendment to Section R414-311-6 is under Filing No. 43797 in this issue, July 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 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: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43798.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43773 (Amendment): R432-270-8. Personnel. SUMMARY OF THE RULE OR CHANGE: This amendment removes the requirement for all direct care staff to be Certified Nurse Aides (CNA) in an Assisted Living Level II Facility. The rule requiring the facility to have one Certified Nurse Aide on staff at all times remains in effect. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state government assisted living facility survey process was thoroughly reviewed. This proposed rule amendment could lead to decreased health care facility deficiencies, however, with all the variables within the survey process and the facility practices this is an inestimable benefit. - LOCAL GOVERNMENTS: Local governments' city business licensing requirements were considered. This proposed rule amendment should not impact local governments' revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this rule amendment should not impact costs for small business licensed assisted living facilities. There are 169 non-small and small businesses (NAICS codes used - Homes for the Elderly 623312). The Type II small business assisted living facilities will still need the same amount of staffing to operate. They will not need to hire CNAs, but costs for care staff will remain the same. The industry reports no difference in costs for staffing due to this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this rule amendment will not result in a fiscal impact to affected persons because this amendment modifies health care facility requirements and therefore, would not add costs for persons, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to affected persons because this amendment modifies health care facility requirements and therefore, would not add costs to persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule change will not result in 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kristi Grimes by phone at 801-273-2821, or by Internet E-mail at kristigrimes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43773.htm HUMAN SERVICES JUVENILE JUSTICE SERVICES No. 43805 (New Rule): R547-15. Formula for Reform Savings. SUMMARY OF THE RULE OR CHANGE: This proposed rule establishes the authority and purpose, which is required by Section 62A-7-113 and authorized by Title 63G, Chapter 3, the Utah Administrative Rulemaking Act. This proposed rule also provides the following definitions that are used in the established formula: out-of-home placements, lapsing funds, and average nightly count. Lastly, this rule establishes a formula to calculate the savings from general fund appropriations resulting from out-of-home placements for youth offenders with the Division. (EDITOR'S NOTE: A corresponding 120-day (emergency) rule that is effective as of 06/13/2019 is under Filing No. 43804 in this issue, July 1, 2019, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impact to the state budget. Any administrative costs associated with enactment of this rule and procedure is negligible, and would be absorbed by the existing budget. - LOCAL GOVERNMENTS: It is not anticipated that local governments see any fiscal impact from this rule or the formula that is established within it. - SMALL BUSINESSES: Small businesses are not impacted by the formula that is established within this proposed rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities are not impacted by the formula that is established within this proposed rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs as this rule does not provide an impact to any persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this 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 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Abbielee Gardner by phone at 801-538-3961, or by Internet E-mail at abbieleegardner@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 - Laura Powell by phone at 801-538-4365, or by Internet E-mail at laurapowell@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43805.htm MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 43815 (New Rule): R628-22. Conditions and Procedures for the use of Negotiable Brokered Certificates of Deposit. SUMMARY OF THE RULE OR CHANGE: This rule provides the conditions that a public treasurer must follow when purchasing negotiable brokered certificates of deposit from a certified investment adviser or a certified broker dealer. There are limitations on the maximum length of maturity, par value, purchase price, and allowed and not allowed structures of types of brokered certificates of deposit. Public treasurers can only purchase these types of certificates of deposit from a certified investment adviser or a certified dealer as defined in Section 51-7-3 of the Utah Money Management Act. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget as these types of investments will not be utilized by the state treasurer. The investments are limited to par values under $250,000 and are too small for the state to utilize effectively. - LOCAL GOVERNMENTS: There are approximately 900 public entities in the state and it is anticipated that a number of them will use these investments. How many is inestimable because usage will vary due to the size of a entity's portfolio, budgetary concerns, and market conditions. Because of the variation in market conditions it is inestimable as to what the anticipated savings/additional earnings would be for a public treasurer when using these investment tools. Additionally, they will be used as one of a number of other investment instruments that will be used presumably to spread out risk and exposure and it would be difficult to quantify the additional earnings. - SMALL BUSINESSES: The Money Management Act requires that any broker or adviser that works with public treasurers be "certified", so although the NAICS #523120 for brokers shows 242 firms and #523930 for advisers shows 528 firms, there are only eight certified advisers on the list, five of which would qualify as small businesses. On the certified broker/dealer list there are sixteen certified firms, eleven of which would qualify as small businesses. As noted above, because of the variation in market conditions and inability to identify how many public treasurers would use these instruments, it is inestimable as to what the anticipated profits a small certified broker/dealer or certified investment adviser would receive from the sale of these investments to public treasurers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons as this rule is specific to public entities, certified investment advisers, and certified dealers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no other compliance costs for either certified brokers or certified advisers as they already paid a annual fee under Council Rules R628-15 and R628-16 to be certified to work with public entities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As noted above, the count of affected certified broker dealers is sixteen and for certified investment advisers is eight although the NAICS shows 242 broker firms and 528 adviser firms. There are approximately 900 public entities in the state of Utah. The Council cannot estimate how many of these entities will use these investments nor what the impact will be on their portfolios as the markets affect interest rates earned on these certificates of deposit and the markets variations affect how many basis points a broker/adviser can charge. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43815.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43811 (New Rule): R746-460. Rules Governing Customer Information and Marketing for Large-Scale Electric and Gas Utilities. SUMMARY OF THE RULE OR CHANGE: This new rule is intended to clarify the requirements for use of utility customer lists and customer-related data, utility-related solicitation communications, use of a utility logo for unsolicited marketing to utility customers, and other associated issues. This rule defines terms, identifies provisions under which customer information may be shared and used and how utility customers may opt out of information sharing, addresses the treatment of shared data as confidential, and identifies penalty provisions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget because this rule does not impose any affirmative obligations on state agencies, and the agencies involved in monitoring compliance will be able to do so within the regular course of existing dockets. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments because this rule does not impose any requirements or obligations on local governments. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. To the extent a small business might engage in information sharing or marketing with a utility, compliance with this rule will involve refraining from prohibited practices which should not impose any costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Generally, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. A large scale electric or gas utility, as defined under the proposed rule, that wishes to share customer information may incur some cost to obtain the customers' consent. Such costs will vary contingent on, among other things, the number of customers whose information the utility wishes to share and cannot be estimated. However, no utility will incur any costs as a consequence of the rule unless it seeks to share customer information under conditions that require consent for such sharing under this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons other than those addressed under the businesses answers above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is the consensus result of an extensive process that involved significant work and input from all interested stakeholders. Generally, compliance involves refraining from prohibited conduct, which should not carry a fiscal impact. To the extent a utility chooses to share customer information, the utility may incur costs to obtain customer consent. Those costs are not measurable and will depend on the choices and desired uses of customer information by the utility. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Paschal by phone at 801-530-6769, or by Internet E-mail at mpaschal@utah.gov - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43811.htm REGENTS (BOARD OF) ADMINISTRATION No. 43780 (New Rule): R765-621. T. H. Bell Education Scholarship Program. SUMMARY OF THE RULE OR CHANGE: This proposed rule provides procedures for administration of the T. H. Bell Teaching Education Scholarship Program, ensuring it recruits first-generation students into teaching careers, encourages outstanding students to teach in high needs areas in Utah's public schools, recognizes teaching as a critically important career choice for the state of Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The legislature appropriated $1,781,000 ongoing to this program. - LOCAL GOVERNMENTS: This rule does not impact local governments. It governs public and some private institutions of higher education. - SMALL BUSINESSES: This rules does not impact small businesses. It governs public and some private institutions of higher education. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individual students who apply for and receive the scholarship governed by this rule may receive scholarship funds covering the cost of tuition, fees, and books for up to four consecutive years while making progress toward earning a eligible degree in teacher education and who teaches in a Utah public school. Although individual award amounts will vary from student to student, the total annual aggregate benefit to all recipients is $1,781,800. COMPLIANCE COSTS FOR AFFECTED PERSONS: Scholarship recipients will not incur any compliance costs to apply for or receive the scholarship. Institutions will receive scholarship funds in the form of tuition, fees, and books. Those funds are intended to cover the administrative costs of the program and will therefore not incur unfunded compliance costs. Institutions are allowed to use a percentage of appropriated funds for marketing. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule is not expected to fiscally impact non- small private businesses revenues or expenditures because the legislation that required this rule created an incentive scholarship program specifically for eligible students to attend teacher education programs at eligible colleges and universities and three private non-profit organizations. Non-small businesses are not impacted or directly benefit from the incentive loan program, though private non-profit institutions of higher education that offer approved teacher education programs may benefit by receiving a student's scholarship funds. Because scholarship recipients may select from among several public and non-profit colleges and universities to attend, projecting how much private non-profit schools may benefit is impracticable. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Geoff Landward by phone at 801-321-7136, or by Internet E-mail at glandward@ushe.edu THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43780.htm No. 43778 (New Rule): R765-622. Career and Technical Education Scholarship Program. SUMMARY OF THE RULE OR CHANGE: This rule provides procedures for administration of the Career and Technical Education Scholarship Program, which will provide financial assistance to students pursuing career and technical education in high demand industries. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The cost to the state budget is $300,000 ongoing. - LOCAL GOVERNMENTS: This rule does not impact local governments. The scholarship program governed by this rule benefits only eligible students attending eligible institutions of higher education within the state and does not involve local governments in any capacity. - SMALL BUSINESSES: This rule does not directly impact small businesses. The scholarship program governed by this rule benefits only eligible students attending eligible institutions of higher education within the state. The institutions who are eligible to participate are public institutions of higher education only. No private school, small or large, may participate. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Students who enroll in eligible career and technical education programs may qualify for scholarships up to the cost of tuition and books, with an aggregate benefit to all recipients of up to $300,000. COMPLIANCE COSTS FOR AFFECTED PERSONS: Application for this scholarship is free, and does not require additional compliance costs for recipients. Eligible institutions receive the scholarship funds toward the cost of tuition. The additional administrative burden of administering this program should be born under existing budgets and will not incur compliance costs. Institutions may use appropriated funds for administrative costs as allowed under the budgeting procedures act, if necessary. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule impacts only three public institutions of higher education. It will not directly impact businesses, though some businesses could indirectly benefit by hiring graduates of these programs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Geoff Landward by phone at 801-321-7136, or by Internet E-mail at glandward@ushe.edu THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43778.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 43792 (Amendment): R850-70. Sales of Forest Products From Trust Lands Administration Lands. SUMMARY OF THE RULE OR CHANGE: First, the limit for over-the-counter sales of small forest product permits, for sales of wildland seed only, will be increased from $500 to $5,000. This change will allow SITLA to quickly issue these over-the-counter permits to interested parties for the harvest of seed with a value of up to $5,000, leaving ample time for the harvest to occur. Persons who purchase small forest products permits for the collection of wildland seed will be restricted to a total value of $5,000 per calendar year. Second, the rule amendment creates a streamlined process for competitive sales of wildland seed with a value of over $5,000. Heretofore this rule has required SITLA to publish a sales notice in the newspaper for two consecutive weeks, allow time for the submittal of sealed bids, and potentially hold an oral auction among those submitting the three highest sealed bids. While this process works well for traditional timber sales, it has often proven too lengthy for sales of wildland seed, causing SITLA to miss the narrow harvesting window. The process in the amended rule requires that notice of the sale be sent out to an agency-maintained list of interested parties, which notice may be sent via electronic means. Bids would be accepted up to the established due date and the sale awarded to the harvest bidder. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The increased efficiencies in the administration of SITLA's wildland seed harvesting program as a result of these rule amendments may result in a slight increase in revenues to SITLA from this program, as SITLA will be able to take advantage of more business opportunities. Revenues are deposited into the permanent trust fund on behalf of SITLA's beneficiaries. There are no anticipated costs or savings to SITLA's budget as a result of this rule change as the program will continue to be administered under our current operating budget. There is no anticipated need to adjust SITLA's budget in the future to administer the wildland seed program. Increasing seed harvesting opportunities on trust lands will support the in-state seed market and reduce the need to import seed from out of state sources, resulting in lower prices for state government entities who have a need to purchase seed for projects such as wildfire rehabilitation. - LOCAL GOVERNMENTS: As seed harvesting companies are able to obtain more contracts from SITLA due to increased efficiencies in the permitting program as a result of these rule amendments, they will be able to generate more profit. While it is difficult to forecast just how much more business these rule amendments may generate, any increased profits by seed companies will benefit local governments in the form of increased tax revenues. Furthermore, increasing seed harvesting opportunities on trust lands will support the in-state seed market and reduce the need to import seed from out of state sources, resulting in lower prices for government entities who have a need to purchase seed for projects such as wildfire rehabilitation. - SMALL BUSINESSES: The majority of seed gathering companies are small businesses. While difficult to quantify, streamlining the permitting process on trust lands will present potential cost-savings to these businesses as the turnaround time for obtaining permits will be reduced. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Increasing seed harvesting opportunities on trust lands will support the in-state seed market and reduce the need to import seed from out of state sources, resulting in lower prices for federal government entities who have a need to purchase seed for projects such as wildfire rehabilitation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs anticipated for the seed gathering companies doing business with SITLA. There are no changes to the fees charged by SITLA for seed gathering permits and there are no changes anticipated to the compliance requirements set forth in the permits as a result of these rule amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is anticipated that these rule changes will have a net positive fiscal impact on businesses. The turnaround time for obtaining wildland seed collection permits and contracts will be shortened and the overall process will be simplified, which will present a cost-savings to businesses. These new streamlined processes will also allow SITLA to take advantage of more opportunities for wildland seed sales, which will lead to increased opportunities to do business with seed gathering companies, the majority of which are small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Fausett by phone at 801-538-5139, or by Internet E-mail at chrisfausett@utah.gov - Lisa Wells by phone at 801-538-5154, or by Internet E-mail at lisawells@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43792.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. HUMAN SERVICES JUVENILE JUSTICE SERVICES No. 43804 (Emergency Rule): R547-15. Formula for Reform Savings. SUMMARY OF THE RULE OR CHANGE: This emergency rule is being submitted simultaneously with the proposed version. This rule establishes the authority and purpose, which is required by Section 62A-7-113 and authorized by Title 63G, Chapter 3, the Utah Administrative Rulemaking Act. This proposed rule also provides the following definitions that are used in the established formula: out-of-home placements, lapsing funds, and average nightly count. Lastly, this rule establishes a formula to calculate the savings from general fund appropriations resulting from out-of-home placements for youth offenders with the Division. (EDITOR'S NOTE: The corresponding proposed Rule R547-15 is under Filing No. 43805 in this issue, July 1, 2019) of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The Division will need to be in line with H.B. 404 (2019) and Section 62A-7-113 prior to the upcoming fiscal year. This proposed rule provides a formula to calculate the savings from General Fund appropriations resulting from out-of-home placements for youth offenders with the Division. This formula is necessary for the upcoming fiscal year and will need to be in place prior. This emergency rule is being filed simultaneously with the official proposed Rule R547-15. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have any fiscal impact to the state budget. Any administrative costs associated with enactment of this rule and procedure is negligible and would be absorbed by the existing budget. - LOCAL GOVERNMENTS: It is not anticipated that local governments will see any fiscal impact from this rule or the formula that is established within it. - SMALL BUSINESSES: Small businesses are not impacted by the formula that is established within this proposed rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities are not impacted by the formula that is established within this proposed rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs as this rule does not provide an impact to any persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Abbielee Gardner by phone at 801-538-3961, or by Internet E-mail at abbieleegardner@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 - Laura Powell by phone at 801-538-4365, or by Internet E-mail at laurapowell@utah.gov EFFECTIVE: 06/13/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43804.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES RECORDS COMMITTEE No. 43760 (5-year Review): R35-1. State Records Committee Appeal Hearing Procedures. 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 details the procedures for facilitating and conducting a records request appeal to the State Records Committee. As such, it promotes efficiency, provides clarity regarding the roles of the State Records Committee members, its secretary, and the parties involved. This makes the process transparent so that members of the public can be full and equal participants. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kendra Yates by phone at 801-531-3856, or by Internet E-mail at kendrayates@utah.gov EFFECTIVE: 06/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43760.htm No. 43761 (5-year Review): R35-1a. State Records Committee Definitions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule clarifies the meaning of terms used throughout the other sections of this title. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kendra Yates by phone at 801-531-3856, or by Internet E-mail at kendrayates@utah.gov EFFECTIVE: 06/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43761.htm No. 43762 (5-year Review): R35-2. Declining Appeal Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides specific instructions for when hearings may or may not be denied. These details are important because the rights of the petitioners are impacted by the ability to have a hearing, and the rights of the respondents are impacted by whether or not they have the ability to avoid a hearing if they have evidence that the records don't exist. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kendra Yates by phone at 801-531-3856, or by Internet E-mail at kendrayates@utah.gov EFFECTIVE: 06/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43762.htm No. 43763 (5-year Review): R35-4. Compliance with State Records Committee Decisions and Orders. 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 details expectations for following the decisions and orders issued by the SRC, and consequences for not complying. It provides clarity regarding the roles of the SRC members, its secretary, and the parties involved, and it gives the SRC an avenue for enforcing its orders. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kendra Yates by phone at 801-531-3856, or by Internet E-mail at kendrayates@utah.gov EFFECTIVE: 06/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43763.htm No. 43764 (5-year Review): R35-5. Subpoenas Issued by the Records Committee. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides a way for the SRC to subpoena a witness that they need to have testify. This increases the likelihood of a fair hearing and outcome for all parties. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kendra Yates by phone at 801-531-3856, or by Internet E-mail at kendrayates@utah.gov EFFECTIVE: 06/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43764.htm No. 43765 (5-year Review): R35-6. Expedited Hearing. 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 details the procedures for requesting and facilitating an expedited appeal to the SRC. This is becoming more and more important as the number of appeals continue to increase drastically, thereby increasing the length of time it takes to get an appeal. This rule provides clarity regarding the roles of the SRC members, its secretary, and the parties involved, as well as the conditions under which an appeal can be expedited. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kendra Yates by phone at 801-531-3856, or by Internet E-mail at kendrayates@utah.gov EFFECTIVE: 06/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43765.htm AGRICULTURE AND FOOD REGULATORY SERVICES No. 43775 (5-year Review): R70-310. Grade A Pasteurized Milk. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: UDAF must be able to continue monitoring, and when necessary, directing the production and distribution of Grade A pasteurized milk in the state of Utah, as long as the dairy industry maintains a presence in the state. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@utah.gov - Melissa Ure by phone at 801-538-4978, or by Internet E-mail at mure@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43775.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43799 (5-year Review): R156-60a. Social Worker Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 60, Part 2, with respect to various classifications of social workers. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Zaelit by phone at 801-530-7632, or by Internet E-mail at jzaelit@utah.gov EFFECTIVE: 06/13/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43799.htm No. 43800 (5-year Review): R156-60b. Marriage and Family Therapist Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 60, Part 3, with respect to marriage and family therapists and associate marriage and family therapists. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Zaelit by phone at 801-530-7632, or by Internet E-mail at jzaelit@utah.gov EFFECTIVE: 06/13/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43800.htm HEALTH ADMINISTRATION No. 43774 (5-year Review): R380-25. Submission of Data Through an Electronic Data Interchange. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: If this rule was removed, any entity wanting to be a conduit for data submissions to the Department would not have the appropriate authority. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Navina Forsythe by phone at 801-538-7072, or by Internet E-mail at nforsythe@utah.gov EFFECTIVE: 06/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43774.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43771 (5-year Review): R414-36. Rehabilitative Mental Health and Substance Use Disorder Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements rehabilitative mental health and substance use disorder services as described in the Medicaid provider manual and in the Medicaid State Plan. 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: 06/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43771.htm No. 43772 (5-year Review): R414-140. Choice of Health Care Delivery Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because the Choice of Health Care Delivery Program provides access to quality and cost- effective health care for certain Medicaid members who live in urban counties of the state. 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: 06/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43772.htm No. 43770 (5-year Review): R414-501. Preadmission Authorization, Retroactive Authorization, and Continued Stay Review. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements nursing facility and utilization requirements to evaluate each resident's need for admission and continued stay in a nursing facility. 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: 06/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43770.htm INSURANCE ADMINISTRATION No. 43785 (5-year Review): R590-192. Unfair Accident and Health Claims Settlement Practices. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is a major consumer protection regulation. It sets parameters and timelines for payment of health insurance claims. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43785.htm No. 43786 (5-year Review): R590-244. Individual and Agency Licensing Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is important because it provides standards for the licensing of individuals and agencies and for making other amendments to a license as needed. Standardized licensing requirements are important so that everyone who wants to apply for a license will know the standards, and consumers will know that if a person is licensed they have passed the required tests and had the required background checks. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43786.htm TITLE AND ESCROW COMMISSION No. 43781 (5-year Review): R592-6. Unfair Inducements and Marketing Practices in Obtaining Title Insurance Business. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides guidance to title agents and agencies regarding the actions that are considered to be unfair inducements and unfair marketing practices. This rule is meant to maintain fair competition among licensees and to protect insurance consumers against unfair practices used to obtain their business. The Title and Escrow Commission directed that this rule should be continued by a vote of 4-0 at its 05/28/2019 meeting. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43781.htm No. 43782 (5-year Review): R592-7. Title Insurance Continuing Education. 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 delegates from the Title and Escrow Commission to the Insurance Commissioner the authority to approve CE courses related to title insurance, and requires that the Insurance Commissioner provide to the Title and Escrow Commission a quarterly report of the CE courses approved by the Department. This rule also specifies the CE requirements that must be met by title insurance producers. It is important that the Department continue to provide this service for the Commission to alleviate the burden from Title and Escrow Commission members who may not know all the rules and have time to delegate the process. It is important to leave this duty with the Department because they have the personnel and process in place to review, approve, and disapprove CE courses in a timely, efficient way. The Title and Escrow Commission directed that this rule should be continued by a vote of 4-0 at its May 28, 2019 meeting. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43782.htm No. 43783 (5-year Review): R592-8. Application Process for an Attorney Exemption for Agency Title Insurance Producer Licensing. 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 delegates the preliminary process of approving or denying requests from attorneys for exemption from the licensing requirement in Subsection 31A-23a-204(1)(a). This rule provides a process to apply for the exemption and to appeal a denial. Without this rule, the Title and Escrow Commission would be responsible for handling attorney exemptions, which would require the Commission having a budget to hire personnel to process the exemptions. This rule is also necessary to provide attorneys with a process for filing an exemption and appealing a denial. The Title and Escrow Commission directed that this rule should be continued by a vote of 4-0 at its 05/28/2019 meeting. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43783.htm No. 43784 (5-year Review): R592-9. Title Insurance Recovery, Education, and Research Fund Assessment Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Recovery, Education, and Research Fund pays for claims related to an illegal transaction by a title licensee. Money is used to investigate violations by title licensees, conduct education and research, and to examine licensees. The fund pays for the education of staff who handle title issues. The amount to be taken from the account due to fraudulent acts of licensees can only be determined by a court of law. Without this fund, an individual who has a claim against a licensee who has defrauded, misrepresented, or deceived the individual would have no other recourse for reimbursement. The Title and Escrow Commission directed that this rule should be continued by a vote of 4-0 at its 05/28/2019 meeting. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190701/43784.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. CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 43517 (AMD): R131-13.Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 03/01/2019 Effective: 06/13/2019 ENVIRONMENTAL QUALITY AIR QUALITY No. 43589 (AMD): R307-401-10.Source Category Exemptions Published: 04/01/2019 Effective: 06/06/2019 INSURANCE ADMINISTRATION No. 43659 (AMD): R590-146.Medicare Supplement Insurance Standards Published: 05/01/2019 Effective: 06/07/2019 No. 43486 (CPR): R590-155.Utah Life and Health Insurance Guaranty Association Summary Document Published: 05/01/2019 Effective: 06/07/2019 No. 43486 (AMD): R590-155.Utah Life and Health Insurance Guaranty Association Summary Document Published: 02/15/2019 Effective: 06/07/2019 No. 43653 (REP): R590-218.Permitted Language for Reservation of Discretion Clauses Published: 05/01/2019 Effective: 06/07/2019 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/ . <> ----------------------------