---------------------------- Utah State Digest, Vol. 2019, No. 15 (August 1, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed July 2, 2019, 12:00 AM through July 15, 2019, 11:59 PM Volume 2019, No. 15 August 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 *********************************************** 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 July 2, 2019, 12:00 a.m., and July 15, 2019, 11:59 p.m. are summarized in this, the August 1, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the August 1, 2019, issue of the Utah State Bulletin until at least September 3, 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 November 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. HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43881 (Amendment): R426-2. Emergency Medical Services Provider Designations for Pre-Hospital Providers, Critical Incident Stress Management and Quality Assurance Reviews. SUMMARY OF THE RULE OR CHANGE: These amendments add new statutory requirements consistent with Title 26, Chapter 8a, by including designation requirements for nonemergency secured behavioral health providers. The designation requirements include the application criteria. The amendments also add requirements for peer support training as a part of the Critical Incident Stress Management functions. The authority for the peer support training approval is found in Section 78B- 5-902. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule amendments are not expected to have any fiscal impact on state government revenues or expenditures because new designation application reviews and vehicle inspections are cost neutral since fees are charged for staff time. Peer support training approval does not significantly impact staff time or resources. - LOCAL GOVERNMENTS: These proposed rule amendments are not expected to have any fiscal impact on local governments' revenues or expenditures. These amendments may actually provide a small fiscal benefit for licensed ambulance providers in rural areas by allowing an alternative mode of behavioral health patient transport that has lower operational expenses than an ambulance. Peer support training is voluntary. Costs would only be incurred if a local government chooses to train staff and develop a program. - SMALL BUSINESSES: A possible fiscal cost may result to the 17 small businesses in Utah that currently transport qualified behavioral health patients. The fiscal cost would be estimated to be $135 for designation application fees and $100 per permitted vehicle inspection fees. It is assumed that each small business would permit two vehicles. The cost in fees would be 17 providers X $335 = $5,695. Staff training is estimated to cost $300 per employee. An estimate of four employees per small business would be needed. The cost in staff training would be estimated at 17 X 4 X $300 = $20,400. A total cost would be $26,095. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A fiscal benefit may be incurred due to lower operational costs for transporting behavioral health patients who do not require an ambulance. A fiscal cost may be incurred to licensed ambulance providers due to a decrease in lower volume of transports where a designated nonemergency secured behavioral health transporter is providing an alternative mode of transportation. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected behavioral persons would be reduced in cases when a transport by a nonemergency secured behavioral health patient transport is less expensive than an ambulance. Hospitals typically pay for these types of transports. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments add designation requirements and application criteria for nonemergency secured behavioral health providers in accordance with statutory changes. They also add requirements for peer support training as part of the Critical Incident Stress Management functions. The proposed fiscal impact would increase fees for small businesses and increase the cost of training to approximately $300 per year, however, it may result in lower operational costs for transporting behavioral health patients who do not required an ambulance. These proposed amendments will increase the cost of businesses who provide these services and decrease the volume or transport provided by ambulance service providers but will lower transportation costs for providers and increase the business of nonemergency secured behavioral health transport providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43881.htm No. 43882 (Amendment): R426-4. Operations. SUMMARY OF THE RULE OR CHANGE: These amendments add new statutory requirements consistent with Title 26. Chapter 8a, by including operational requirements for nonemergency secured behavioral health providers. They will also add best practices for safety for severe weather conditions and fatigue management. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule amendments are not expected to have any fiscal impact on state government revenues or expenditures because new operational requirements and vehicle inspections for nonemergency secured behavioral health transport vehicles are cost neutral since fees are charged for staff time. Policy templates for weather assessments and fatigue management already have been developed, and no additional costs were incurred. - LOCAL GOVERNMENTS: These proposed rule amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because new operational requirements and vehicle inspections for nonemergency secured behavioral health transport vehicles are currently not owned or operated by local governments. Policy templates for weather assessments and fatigue management already have been developed, and no additional costs were incurred. - SMALL BUSINESSES: A possible fiscal cost may result to the 17 small businesses in Utah that currently transport qualified behavioral health patients. The fiscal cost would be estimated to be $135 for designation application fees and $100 per permitted vehicle inspection fees. It is assumed that each small business would permit two vehicles. The cost in fees would be 17 providers X $335 = $5,695. Staff training is estimated to cost $300 per employee. An estimate of four employees per small business would be needed. The cost in staff training would be estimated at 17 X 4 X $300 = $20,400. A total cost would be $26,095. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A fiscal benefit may be incurred due to lower operational costs for transporting behavioral health patients who do not require an ambulance. A fiscal cost may be incurred to licensed ambulance providers due to a decrease in lower volume of transports where a designated nonemergency secured behavioral health transporter is providing an alternative mode of transportation. Policies for weather assessment and fatigue management are readily available to all providers at no cost. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected behavioral persons would be reduced in cases when a transport by a nonemergency secured behavioral health patient transport is less expensive than an ambulance. Hospitals typically pay for these types of transports. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments add operation requirements for nonemergency secured behavioral health providers and to add provisions to ensure that EMS providers are following safety polices for weather assessment and fatigue management. The proposed fiscal impact would increase fees for small businesses and increase the cost of training to approximately $300 per year, however, it may result in lower operational costs for transporting behavioral health patients who do not required an ambulance. These proposed amendments will increase the cost of businesses who provide these services and decrease the volume of transports provided by ambulance service providers but will lower transportation costs for providers ad increase the business of nonemergency secured behavioral health transport providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43882.htm CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 43852 (Amendment): R428-2-10. Exemptions and Extensions. SUMMARY OF THE RULE OR CHANGE: This amendment makes one addition to the rule: A stand-alone dental carrier that covers fewer than 20,000 individual Utah residents as of January 1 of a given year is exempt from all requirements of this title except that once a stand-alone dental carrier has covered a cumulative total of 20,000 such individuals during a calendar year, they are no longer considered exempt for the remainder of that year. 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, because it only clarifies the version of Data Submitter Guide expected for use by data submitters to Utah's Health Care Facility Database. The Department determines enactment of the amended version will not create any cost or savings impact to the state budget or the Department's budget, since the change will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures, because they are not directly affected by this rule; nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures, because all potentially impacted businesses have more than 50 employees. As a result, this rule will have no effect on small businesses for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on other individuals' revenues or expenditures, because the change clarifies a prior expectation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to affected persons. The proposed addition will clarify the threshold requirement for dental stand-alone plans. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change clarifies that a stand-alone dental carrier that covers less than 20,000 individuals is exempt from all requirements except the requirements that once the carrier reaches a cumulative total of 20,000 covered individuals in a calendar year, it is no longer considered exempt. This is an existing OHCS policy that is now being added to this rule so there is no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Norman Thurston by phone at 801-538-7052, by FAX at 801-237-0787, or by Internet E-mail at nthurston@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43852.htm REGENTS (BOARD OF) ADMINISTRATION No. 43853 (New Rule): R765-620. Access Utah Promise Scholarship Program. SUMMARY OF THE RULE OR CHANGE: The Access Utah Promise Scholarship Program provides limited funding for Utah residents to allow attendance at a Utah public post-secondary institution. This program provides need- based funding for tuition and fees after all other sources of funds are applied for an individual student, i.e. last dollar funding. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Utah legislature has appropriated annual base funding of $2,000,000 for the Access Utah Promise Scholarship Program. - LOCAL GOVERNMENTS: Local governments are not affected by this program, therefore, there are no anticipated costs nor savings to local governments. - SMALL BUSINESSES: There are no anticipated costs to small businesses. There is a provision in the law for this program to allow up to 20% of funds to be used by employers, selected in consultation with the Talent Ready Center at the Governor's office, for tuition reimbursement for employees attending an eligible institution. If this partnership option were fully utilized the savings to small businesses could potentially be $400,000 annually. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This program does not establish any costs for affected individuals or awardees. It provides tuition funds to attend college at a public institution for qualifying individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for any affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This program may allow increased productivity for any business entity or agency through the increased education of Utah residents who may otherwise not attend college without program funds. The fiscal impact of this program and rule is indeterminable. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at rcrossley@utahsbr.edu THIS RULE MAY BECOME EFFECTIVE ON: 09/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43853.htm SALT LAKE COMMUNITY COLLEGE No. 43895 (New Rule): R784-2. Free Expression on Campus. SUMMARY OF THE RULE OR CHANGE: This rule addresses speech on campus. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings because this rule is only applicable to students at Salt Lake Community College (SLCC). - LOCAL GOVERNMENTS: There will be no cost or savings because this rule is only applicable to students at SLCC. - SMALL BUSINESSES: There will be no cost or savings because this rule is only applicable to students at SLCC. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings because this rule is applicable to students at SLCC. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to comply with this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule, which incorporates requirement in SLCC's current policy, will not have any fiscal impact on businesses. This rule is only applicable to students at SLCC. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chad Lambourne by phone at 801-957-4637, or by Internet E-mail at chad.lambourne@slcc.edu THIS RULE MAY BECOME EFFECTIVE ON: 09/27/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43895.htm No. 43896 (New Rule): R784-3. Weapons on Campus. SUMMARY OF THE RULE OR CHANGE: This rule is to address weapons on Salt Lake Community College (SLCC) campuses. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings because this rule is only applicable to students at SLCC. - LOCAL GOVERNMENTS: There will be no cost or savings because this rule is only applicable to students at SLCC. - SMALL BUSINESSES: There will be no cost or savings because this rule is only applicable to students at SLCC. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings because this rule is only applicable to students at SLCC. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to comply with this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule, which incorporates requirement in SLCC's current policy, will not have any fiscal impact on businesses. This rule is only applicable to students at SLCC. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chad Lambourne by phone at 801-957-4637, or by Internet E-mail at chad.lambourne@slcc.edu THIS RULE MAY BECOME EFFECTIVE ON: 09/27/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43896.htm No. 43897 (New Rule): R784-4. Student Due Process. SUMMARY OF THE RULE OR CHANGE: This rule is to address weapons on Salt Lake Community College (SLCC) campuses. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings because this rule is only applicable to students at SLCC. - LOCAL GOVERNMENTS: There will be no cost or savings because this rule is only applicable to students at SLCC. - SMALL BUSINESSES: There will be no cost or savings because this rule is only applicable to students at SLCC. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings because this rule is only applicable to students at SLCC. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost to comply with this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule, which incorporates requirement in SLCC's current policy, will not have any fiscal impact on businesses. This rule is only applicable to students at SLCC. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chad Lambourne by phone at 801-957-4637, or by Internet E-mail at chad.lambourne@slcc.edu THIS RULE MAY BECOME EFFECTIVE ON: 09/27/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43897.htm SYSTEM OF TECHNICAL COLLEGES (UTAH) DIXIE TECHNICAL COLLEGE No. 43887 (New Rule): R951-1. Campus Access Rule. SUMMARY OF THE RULE OR CHANGE: This rule provides the outline for how to get campus access. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings because this rule only outlines how to get campus access. - LOCAL GOVERNMENTS: There will be no cost or savings because this rule only outlines how to get campus access. - SMALL BUSINESSES: There will be no cost or savings because this rule only outlines how to get campus access. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings because this rule only outlines how to get campus access. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no cost or savings because this rule only outlines how to get campus access. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should have no effect on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Sam Draper by phone at 435-674-8636, or by Internet E-mail at sdraper@dixietech.edu THIS RULE MAY BECOME EFFECTIVE ON: 09/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43887.htm No. 43888 (New Rule): R951-2. Student Free Expression Rule. SUMMARY OF THE RULE OR CHANGE: This rule provides guidance for acceptable free expression on campus which does not interfere with the education of students or other college operations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are not anticipated to be any costs or savings because this rule just outlines free expression on campus. - LOCAL GOVERNMENTS: There are not anticipated to be any costs or savings because this rule just outlines free expression on campus. - SMALL BUSINESSES: There are not anticipated to be any costs or savings because this rule just outlines free expression on campus. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are not anticipated to be any costs or savings because this rule just outlines free expression on campus. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are not anticipated to be any costs or savings because this rule just outlines free expression on campus. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated there will be any fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Sam Draper by phone at 435-674-8636, or by Internet E-mail at sdraper@dixietech.edu THIS RULE MAY BECOME EFFECTIVE ON: 09/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43888.htm No. 43889 (New Rule): R951-3. Student Grievance Rule. SUMMARY OF THE RULE OR CHANGE: This rule establishes the Dixie Technical College's student grievance procedure. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is not anticipated to be any cost or savings because this rule only establishes student grievance procedures. - LOCAL GOVERNMENTS: There is not anticipated to be any cost or savings because this rule only establishes student grievance procedures. - SMALL BUSINESSES: There is not anticipated to be any cost or savings because this rule only establishes student grievance procedures. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not anticipated to be any cost or savings because this rule only establishes student grievance procedures. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is not anticipated to be any cost or savings because this rule only establishes student grievance procedures. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated that this rule will have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Sam Draper by phone at 435-674-8636, or by Internet E-mail at sdraper@dixietech.edu THIS RULE MAY BECOME EFFECTIVE ON: 09/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43889.htm TAX COMMISSION ADMINISTRATION No. 43883 (Amendment): R861-1A-46. Procedures for Purchaser Refund Requests Pursuant to Utah Code Ann. Sections 59-1-1410 and 59-12-110. SUMMARY OF THE RULE OR CHANGE: These proposed rule amendments clarify that when reviewing an appeal from a dismissal of a purchaser refund request, the Commission must determine whether adequate information and documents which determine the validity of the request were timely submitted to the division. If the appeal is successful the commission shall hear the underlying tax issue. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments are not expected to have any fiscal impact on state government revenues or expenditures because they only clarify the administrative appeals process. - LOCAL GOVERNMENTS: These proposed amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because they only clarify the administrative appeals process. - SMALL BUSINESSES: These proposed amendments are expected to reduce the burden on small businesses who file a sales tax purchaser refund request because they will allow the Commission to consider whether adequate information and documentation was timely filed, and the merits of the underlying case in the same action. This may result in a cost savings to impacted small businesses by reducing the number of actions they must file with the Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are expected reduce the burden on persons other than small businesses or local governments who file a sales tax purchaser refund request because they will allow the Commission to consider whether adequate information and documentation was timely filed, and the merits of the underlying case in the same action. This may result in a cost savings to impacted persons by reducing the number of actions they must file with the Commission. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments are expected reduce the compliance burden on affected persons who file a sales tax purchaser refund request because they will allow the Commission to consider whether adequate information and documentation was timely filed and the merits of the underlying case in the same action. This could result in a cost savings to affected persons by reducing the number of actions they must file with the Commission. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule amendments will not have a fiscal impact because they reduce the compliance burden on businesses. They will reduce the number of actions required when a taxpayer prevails in certain refund requests. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43883.htm AUDITING No. 43884 (Amendment): R865-19S-93. Waste Tire Recycling Fee Pursuant to Utah Code Ann. Section 19-6-808. SUMMARY OF THE RULE OR CHANGE: These proposed rule amendments clarify the statutory requirement under Subsections 19-6-808(4) and 59-12- 107(3)(c) that a retailer must provide all purchasers of new tires with an invoice that specifically identifies the recycling fee as the "UCA 19- 6-805 Recycling Fee". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments are not expected to have any fiscal impact on state government revenues or expenditures because they only clarify the information that must be included on the invoice for the purchase of new tires. - LOCAL GOVERNMENTS: These proposed amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because they only clarify the information that must be included on the invoice for the purchase of new tires. - SMALL BUSINESSES: These proposed amendments are not expected to have any fiscal impact on small businesses' revenues or expenditures because they only clarify the information that must be included on the invoice for the purchase of new tires. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are not expected to have any fiscal impact on the revenues or expenditures of persons other than small businesses or local government because they only clarify the information that must be included on the invoice for the purchase of new tires. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments may require some affected persons that sell new tires to modify their invoice to specifically identify the recycling fee as the "UCA 19-6-805 Recycling Fee" on the invoice. This may create a small one-time compliance cost on affected persons that do not already separately identify the recycling fee on the invoice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These amendments may create a small one-time compliance cost on businesses because of the requirement to specify certain information on invoices. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43884.htm PROPERTY TAX No. 43885 (Amendment): R884-24P-24. Form for Notice of Property Valuation and Tax Changes Pursuant to Utah Code Ann. Sections 59-2-918.5 through 59-2-924. SUMMARY OF THE RULE OR CHANGE: Consistent with H.B. 446 (2019), this proposed amendment changes the deadline for a fiscal year taxing entity to complete the tax increase process from by "August 17" to before "September 1". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed amendment is not expected to have any fiscal impact on state government revenues or expenditures because any fiscal impacts would have been addressed in the fiscal note of H.B. 446 (2019). - LOCAL GOVERNMENTS: This proposed amendment is not expected to have any fiscal impact on local governments' revenues or expenditures because any fiscal impacts would have been addressed in the fiscal note of H.B. 446 (2019). - SMALL BUSINESSES: This proposed amendment is not expected to have any fiscal impact on small businesses' revenues or expenditures because any fiscal impacts would have been addressed in the fiscal note of H.B. 446 (2019). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed amendment is not expected to have any fiscal impact on the revenues or expenditures of persons other than small businesses or local governments because any fiscal impacts would have been addressed in the fiscal note of H.B. 446 (2019). COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment is likely to slightly decrease the compliance burden on affected persons by delaying the deadline for a fiscal year taxing entity to complete the tax increase process from by "August 17" to before "September 1". COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment does not have a fiscal impact on businesses. Rather, it reduces compliance burdens. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43885.htm UTECH BOARD OF TRUSTEES ADMINISTRATION No. 43898 (New Rule): R945-2. Institutional Civil Liberties Policy Review. SUMMARY OF THE RULE OR CHANGE: This new rule is being implemented in accordance with Section 53B-27-303 to establish a procedure whereby a student enrolled in an institution of the Utah System of Technical Colleges may submit a complaint to the Utah System of Technical Colleges Board of Trustees alleging a policy of the institution directly affects one or more of the student's civil liberties. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule has no anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: This new rule has no anticipated cost or savings to local governments. - SMALL BUSINESSES: This new rule has no anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule has no anticipated cost or savings to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule will not result in a direct 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 09/03/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Ziebarth by phone at 801-341-6010, or by Internet E-mail at kim.ziebarth@utech.edu THIS RULE MAY BECOME EFFECTIVE ON: 09/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43898.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 PURCHASING AND GENERAL SERVICES No. 43859 (5-year Review): R33-1. Utah Procurement Rules, General Procurement Provisions. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43859.htm No. 43854 (5-year Review): R33-2. Rules of Procedure for Procurement Policy Board. 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 Subsection 63G-6a-202(5) directs that the Procurement Policy Board "adopt rules of procedure for conducting its business." DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43854.htm No. 43855 (5-year Review): R33-3. Procurement Organization. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43855.htm No. 43856 (5-year Review): R33-4. Supplemental Procurement 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 should be continued as it is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43856.htm No. 43857 (5-year Review): R33-5. Other Standard Procurement Processes. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43857.htm No. 43858 (5-year Review): R33-6. Bidding. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43858.htm No. 43860 (5-year Review): R33-7. Request for Proposals. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43860.htm No. 43861 (5-year Review): R33-8. Exceptions to Standard Procurement Process. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43861.htm No. 43862 (5-year Review): R33-9. Cancellations, Rejections, and Debarment. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43862.htm No. 43864 (5-year Review): R33-10. Preferences. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43864.htm No. 43863 (5-year Review): R33-11. Form of Bonds. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43863.htm No. 43865 (5-year Review): R33-12. Terms and Conditions, Contracts, Change Orders and Costs. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43865.htm No. 43866 (5-year Review): R33-13. General Construction Provisions. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43866.htm No. 43867 (5-year Review): R33-14. Procurement of Design-Build Transportation Project Contracts. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43867.htm No. 43868 (5-year Review): R33-15. Procurement of Design Professional Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43868.htm No. 43869 (5-year Review): R33-16. Protests. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43869.htm No. 43870 (5-year Review): R33-17. Procurement Appeals Panel. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43870.htm No. 43871 (5-year Review): R33-18. Appeals to Court and Court Proceedings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43871.htm No. 43872 (5-year Review): R33-19. General Provisions Related to Protest or Appeal. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43872.htm No. 43873 (5-year Review): R33-20. Records. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43873.htm No. 43875 (5-year Review): R33-21. Interaction Between Procurement Units. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43875.htm No. 43874 (5-year Review): R33-22. Reserved. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43874.htm No. 43876 (5-year Review): R33-23. Reserved. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43876.htm No. 43877 (5-year Review): R33-24. Unlawful Conduct and Ethical Standards. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43877.htm No. 43879 (5-year Review): R33-25. Executive Branch Insurance Procurement. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43879.htm No. 43878 (5-year Review): R33-26. State Surplus Property. 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 is required by Title 63G, Chapter 6a. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Gardner by phone at 385-646-4561, or by Internet E-mail at jbgardner@graniteschools.org EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43878.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43890 (5-year Review): R156-78. Vocational Rehabilitation Counselors 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 78, with respect to vocational rehabilitation counselors. 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: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov EFFECTIVE: 07/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43890.htm No. 43880 (5-year Review): R156-79. Hunting Guides and Outfitters 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 79, with respect to hunting guides and outfitters. 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: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov EFFECTIVE: 07/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43880.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 43886 (5-year Review): R398-5. Birth Defects and Critical Congenital Heart Disease Reporting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Sections 26-1-30, 26-10-1, 26-10-2, 26-10-6, and 26-25-1 are still in effect and require this rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Joyce McStotts by phone at 801-584-8239, by FAX at 801-584-8488, or by Internet E-mail at jmcstotts@utah.gov EFFECTIVE: 07/12/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43886.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43851 (5-year Review): R414-61. Home and Community-Based Services Waivers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it allows the Department to administer HCBS waivers for Medicaid members. 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: 07/02/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43851.htm HUMAN SERVICES SERVICES FOR PEOPLE WITH DISABILITIES No. 43891 (5-year Review): R539-2. Service Coordination. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule sets forth necessary rules regarding how applicants are selected and ranked according to need to receive services, the process by which individualized service plans are crafted to meet a persons needs, the process by which applicants are placed on one of the Medicaid waivers that the Division operates, how the Division oversees and manages its contractors and ensures quality services. These are all functions that the Division must layout in rule to continue to provide services to people with disabilities in the state of Utah. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amy Huppi by phone at 801-538-4154, or by Internet E-mail at amyhuppi@utah.gov EFFECTIVE: 07/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43891.htm No. 43892 (5-year Review): R539-3. Rights and Protections. 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 comprised of necessary provisions which help preserve the rights and privileges of persons with disabilities while they are receiving services through the Division, including establishing committees for reviewing potential human rights violations, setting forth protections for a person's personal property and privacy, allowing for administrative hearings, and prohibiting certain actions and procedures outright. This rule has helped protect the dignity and basic rights of countless people in services over the years and is heavily relied upon by the Division. Implementation of the CMS Final Settings Rule has also emphasized the need to have a rule surrounding the protection of civil rights for persons with disabilities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amy Huppi by phone at 801-538-4154, or by Internet E-mail at amyhuppi@utah.gov EFFECTIVE: 07/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43892.htm No. 43893 (5-year Review): R539-4. Behavior Interventions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Division is tasked with managing community-based services waivers for people with disabilities. This would not be possible for persons with targeted behavioral issues without the ability to provide a varied range of behavior supports. This rule allows the Division to do so, while also maintaining clear rules with the purpose of safeguarding the people the Division serves. The Division also relies on this rule, as do our service providers, to dictate appropriate behavior supports and interventions for those served. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amy Huppi by phone at 801-538-4154, or by Internet E-mail at amyhuppi@utah.gov EFFECTIVE: 07/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43893.htm No. 43894 (5-year Review): R539-5. Self-Administered Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Self-Administered Services plays a key role in the Division's ability to provide services to people with disabilities in this state. It has an especially profound impact on the ability for people who live in rural areas to receive services. This rule needs to remain in place to continue to set guidelines and standards for this service delivery program, and to keep people with disabilities safe. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amy Huppi by phone at 801-538-4154, or by Internet E-mail at amyhuppi@utah.gov EFFECTIVE: 07/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190801/43894.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. ADMINISTRATIVE SERVICES CHILD WELFARE PARENTAL DEFENSE (OFFICE OF) No. 43705 (REP): R19-1.Parental Defense Counsel Training Published: 06/01/2019 Effective: 07/08/2019 EDUCATION ADMINISTRATION No. 43654 (AMD): R277-301.Educator Licensing Published: 05/01/2019 Effective: 07/02/2019 No. 43657 (AMD): R277-303.Educator Preparation Programs Published: 05/01/2019 Effective: 07/02/2019 No. 43649 (AMD): R277-406.Early Literacy Program and Benchmark Reading Assessment Published: 05/01/2019 Effective: 07/02/2019 No. 43658 (AMD): R277-417.Prohibiting LEAs and Third Party Providers from Offering Incentives or Disbursement for Enrollment or Participation Published: 05/01/2019 Effective: 07/02/2019 No. 43652 (AMD): R277-463.Class Size Average and Pupil-Teacher Ratio Reporting Published: 05/01/2019 Effective: 07/02/2019 No. 43647 (AMD): R277-480.Charter School Revolving Account Published: 05/01/2019 Effective: 07/02/2019 No. 43683 (AMD): R277-493.Kindergarten Supplemental Enrichment Program Published: 05/15/2019 Effective: 07/02/2019 No. 43648 (AMD): R277-511.Academic Pathway to Teaching (APT) Level 1 License Published: 05/01/2019 Effective: 07/02/2019 No. 43651 (AMD): R277-707.Enhancement for Accelerated Students Program Published: 05/01/2019 Effective: 07/02/2019 No. 43655 (NEW): R277-926.Certification of Residential Treatment Center Special Education Program Published: 05/01/2019 Effective: 07/02/2019 GOVERNOR ECONOMIC DEVELOPMENT No. 43720 (NEW): R357-24.Utah Works Program Rule Published: 06/01/2019 Effective: 07/08/2019 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43688 (AMD): R414-510.Intermediate Care Facility for Persons with Intellectual Disabilities Transition Program Published: 05/15/2019 Effective: 07/15/2019 LABOR COMMISSION BOILER, ELEVATOR AND COAL MINE SAFETY No. 43711 (AMD): R616-2-3.Safety Codes and Rules for Boilers and Pressure Vessels Published: 06/01/2019 Effective: 07/08/2019 TRANSPORTATION MOTOR CARRIER No. 43704 (AMD): R909-3.Standards for Utah School Buses Published: 06/01/2019 Effective: 07/08/2019 RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available https://rules.utah.gov/researching/ . <> ----------------------------