---------------------------- Utah State Digest, Vol. 2019, No. 18 (September 15, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed August 16, 2019, 12:00 AM through September 3, 2019, 11:59 PM Volume 2019, No. 18 September 15, 2019 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for October 2019 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/sn161528.htm Medical Supplies and DME Rebasing - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/sn161549.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 Third Extraordinary Session, Utah Proclamation No. 2019-3E - 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/ExecDoc161531.htm Calling the Sixty-Third Legislature Into the First Special Session, Utah Proclamation No. 2019-1S - 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/ExecDoc161570.htm Wildland Fire Management, Utah Exec. Order No. 2019-4 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2019/ExecDoc161571.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 August 16, 2019, 12:00 a.m., and September 3, 2019, 11:59 p.m. are summarized in this, the September 15, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the September 15, 2019, issue of the Utah State Bulletin until at least October 15, 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 January 13, 2020, 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. COMMERCE ADMINISTRATION No. 44015 (Amendment): R151-4-901. Availability of Agency Review and Reconsideration. SUMMARY OF THE RULE OR CHANGE: Subsection R151-4-901(2)(a) is amended to add the Program to the list of orders or decisions for which agency review is not available. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule provides procedural guidance for the Program proceedings and will therefore not impact state budget, as occasional reconsiderations are consistent with the previously anticipated cost of regulating the Program. - LOCAL GOVERNMENTS: Because local governments are not involved in the procedures being updated by this amendment, this proposed amendment is not expected to have any impact on local governments' revenues or expenditures. - SMALL BUSINESSES: This rule change may result in a modest benefit to small businesses involved in the Program administrative proceedings relative to the cost of participation in an agency review. However, as a new program, there is no data available to evaluate the number of proceedings the Program will have over the next three years (if it even has any such proceedings), nor the cost savings of an agency review versus reconsideration. Therefore, the benefit to these small businesses is inestimable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change may result in a modest benefit to other persons involved in the Program administrative proceedings relative to the cost of participation in an agency review. However, as a new program, there is no data available to evaluate the number of proceedings the Program will have over the next three years (if it even has any such proceedings), nor the cost savings of an agency review versus reconsideration. Therefore, the benefit to these other persons is inestimable. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed amendment is not expected to impose any compliance costs on affected persons as it does not have a regulatory component beyond the statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Regulatory Sandbox Program (Program) was adopted in the 2019 General Session under H.B. 378. The Program allows a participant to temporarily test an innovative financial product or service on a limited basis without otherwise being licensed or authorized to act under the laws of the state. This rule amendment adds the Program to the list of proceedings where agency review is not available, and a motion for reconsideration is available. As proceedings for the Program are already held at the Department level, an agency review to the Department would be largely duplicative. This amendment may result in a modest benefit to small businesses involved in the Program administrative proceedings relative to the cost of participation in an agency review. However, as a new program, there is no data available to evaluate the number of proceedings the Program will have over the next three years (if it even has any such proceedings), nor the cost savings of an agency review versus reconsideration. Therefore, the benefit to businesses is inestimable. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44015.htm No. 44016 (New Rule): R151-55. Regulatory Sandbox Program Rule. SUMMARY OF THE RULE OR CHANGE: Section R151-55-1 designates a title for this new rule. Section R151-55-2 specifies the authority and purpose of this new rule. Section R151-55-3 designates proceedings as informal, notes that the Administrative Procedures Act and Commerce Administrative Procedures Act rules apply, that there will not be hearings held, and that the manager of the Program will act as presiding officer. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule provides procedural guidance for the Program proceedings and will therefore not impact state budget, as occasional informal proceedings were anticipated as a cost of regulating the Program. - LOCAL GOVERNMENTS: Because local governments are not typically involved in the procedures being proposed by this rule, this proposed rule is not expected to have any impacts on local governments' revenues or expenditures. - SMALL BUSINESSES: This rule may result in a modest benefit to small businesses involved in the Program administrative proceedings relative to the cost of participation in a formal proceeding. However, as a new program, there is no data available to evaluate the number of proceedings the Program will have over the next three years (if it even has any such proceedings), nor the cost savings of a formal versus informal proceeding. Therefore, the benefit to these small businesses is inestimable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule may result in a modest benefit to other persons involved in the Program administrative proceedings relative to the cost of participation in a formal proceeding. However, as a new program, there is no data available to evaluate the number of proceedings the Program will have over the next three years (if it even has any such proceedings), nor the cost savings of a formal versus informal proceeding. Therefore, the benefit to these other persons is inestimable. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule is not expected to impose any compliance costs for affected persons as it does not have a regulatory component beyond the statute, it merely designates proceedings as informal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Regulatory Sandbox Program (Program) was adopted in the 2019 General Session under H.B. 378. The Program allows a participant to temporarily test an innovative financial product or service on a limited basis without otherwise being licensed or authorized to act under the laws of the state. This proposed rule complies with the Administrative Procedures Act requirements for informal proceedings by designating proceedings as informal, and specifying procedures for informal proceedings under this new program. This rule may result in a modest benefit to small businesses involved in the Program administrative proceedings relative to the cost of participation in a formal proceeding. However, as a new program, there is no data available to evaluate the number of proceedings the Program will have over the next three years (if it even has any such proceedings), nor the cost of a formal versus informal proceeding. Therefore, the benefit to these small businesses is inestimable. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44016.htm OCCUPATIONAL AND PROFESSIONAL LICENSING No. 44030 (Amendment): R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-15A-230, the amendment prohibits a Department of Commerce (Department) employee from administering the grant process if they are involved in the entity seeking funds from the Department. In Section R156-15A-231, currently there is a maximum reimbursable grant amount, subject to exception through additional justification, of $10/hour times the number of student hours of instruction provided. This amendment increases the per student hour reimbursement from $10/hour to $15/hour. It also codifies what was already Department practice, including a prohibition on reimbursements for gift cards, door prizes, food for participants, and preparation time. In Section R156-15A-232, this amendment unifies the process for limiting reimbursements in the Ombudsman's Land Use Fund with the other funds administered in Section R156-15A-231. Specifically, the reimbursement limit based on attendee fees has been removed, and a $15 per student hour cap was implemented, subject to a request for exception. It also provides specific guidance consistent with Department intent on the issues of reimbursement for food, gift cards, door prizes, preparation time, travel time, and other expenditures that generally do not qualify for reimbursement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Grants provided under this rule are paid for out of a statutory 1% surcharge on all building permits that are kept in a fund for that purpose. Nothing in this rule will change the amount of fees collected or the cost of administering the program. Therefore, the state budget will not be affected, beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to print and distribute the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: Local governments have not historically applied for grants under the funds and therefore would not be affected by this rule change. - SMALL BUSINESSES: These proposed amendments will apply to any small- business providers who will seek grant money from any of the funds described in these amendments. This may include providers in this industry (NAICS 813910) who will offer code training for licensed inspectors, who will offer code training for construction-related licensees, and who will offer land use training. The Division estimates that there are approximately 38 small businesses who may offer code trainings, and approximately 15 who may offer land use trainings. The benefit or cost to these organizations is inestimable. The increase of the per student hour cap from $10 to $15 per hour could result in a benefit to the approximately 38 small businesses that offer code training. However, the preexisting $10/student hour cap was subject to exception. It is unknown whether this will result in organizations receiving additional funds that would not have qualified for an exception previously. The removal of the deduction based on fees charged to attendees could result in an increased grant in some cases to the approximately 15 organizations that may offer land use training, however there was already a process in place for asking for fees in excess of this amount. In addition, there will also be an imposition of a $15/per student hour fee cap that did not previously exist. Whether this interaction will result in an increase or decrease in the total amount of grants paid is inestimable. Further, in cases where a charge of over $15/per student hour is needed, grant applicants may ask for an exception to the cap. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments will apply to individual providers who will seek grant money from any of the funding accounts described in these amendments. This may include individual providers offering code training for licensed inspectors, individual providers offering code training for construction-related licensees, and individual providers offering land use training. These proposed amendments will also indirectly affect Utah's approximately 670 licensed building inspectors seeking code training, and to Utah's approximately 53,000 construction- related licensees seeking code training. These proposed amendments will also indirectly affect individuals using the land use education and training funds administered by the Office of the Property Rights Ombudsman. If the increase in the per student hour cap results in higher grant awards, the approximately 670 licensed building inspectors seeking code training, and Utah's approximately 53,000 construction-related licensees seeking code training could see an inestimable indirect benefit through either an increase in the quality of training or through decreased fees from events. It is possible that individuals using the land use education fund could have an inestimable indirect cost if the removal of the grant reduction based on attendee cost results in more organizations choosing to charge for events, however it is unknown whether organizations will choose to increase prices. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments provide specifics to existing rules relating to fund administration that would not result in an increase in compliance costs beyond what is already in statute and the previous rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After administering the Ombudsman's Land Use Fund for a year, these rule amendments clarify and update the administration of Land Use Grants for training, including the payment of grant funds for food and gifts for training participants, hourly staff time, and the deduction of student-paid fees from the total grant amounts awarded. Small Businesses (fewer than 50 employees): These proposed amendments will apply to any small-business providers who will seek grant money from any of the funds described in these amendments. This may include providers in this industry (NAICS 813910) who will offer code training for licensed inspectors, who will offer code training for construction-related licensees, or who will offer land use training. The Division estimates that there are approximately 38 small businesses who may offer code trainings, and approximately 15 who may offer land use trainings. The benefit or cost to these organizations is inestimable. The increase of the per student hour cap from $10 to $15 per hour could result in a benefit to the approximately 38 small businesses that offer code training. However, the preexisting $10/student hour cap was subject to exception. It is unknown whether this will result in organizations receiving additional funds that would not have qualified for an exception previously. The removal of the deduction based on fees charged to attendees could result in an increased grant in some cases to the approximately 15 organizations that may offer land use training, however there was already a process in place for asking for fees in excess of this amount. In addition, there will also be an imposition of a $15/per student hour fee cap that did not previously exist. Whether this interaction will result in an increase or decrease in the total amount of grants paid is inestimable. Further, in cases where a charge of over $15/per student hour is needed, grant applicants may ask for an exception to the cap. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Barkdull by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44030.htm No. 44031 (Amendment): R156-60. Mental Health Professional Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-60-102, the proposed amendments update references, and define the terms "gender identity", "sexual orientation", "gender identity change efforts" (GICE), and "sexual orientation change efforts" (SOCE). In Section R156-60-502, the proposed amendments update references, and add to the definition of unprofessional conduct "engaging in, or attempting to engage in the practice of sexual orientation change efforts or gender identity change efforts with a client who is less than 18 years old". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division estimates that these proposed amendments may result in a potential increase of two additional complaints of unprofessional conduct each year, requiring two investigations consisting of approximately 20 hours per investigation. This may result in a cost to Division investigations of approximately $1,000 per fiscal year ongoing. The amendments are not expected to impact existing Division practices or procedures or other state practices or procedures. Additionally, as described below in the analysis for small business and non-small business, the Division does not expect any state agencies that may be acting as employers of licensed individuals engaging in the practice of mental health therapy to experience any measurable fiscal impacts. Except as described above, the Division estimates that these proposed amendments will have no measurable impact on state government revenues or expenditures, beyond a minimal cost to the Division of approximately $75 to disseminate the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: The Division estimates that these proposed amendments will have no measurable impact on local governments' revenues or expenditures. None of these amendments are expected to impact local governments' practices or procedures. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any local governments that may be acting as employers of licensed individuals engaging in the practice of mental health therapy to experience any measurable fiscal impacts. - SMALL BUSINESSES: These proposed amendments will regulate individuals licensed under Title 58 who are practicing within their respective licensing acts and engage in the practice of mental health therapy. These amendments may therefore indirectly affect the estimated 1,132 small businesses in Utah comprising establishments of licensees engaged in the practice of mental health therapy or who may employ those engaged in the practice of mental health therapy, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for small businesses. First, the amendments update this rule in accordance with clear practice guidelines and position statements already existing in the industry, including from the American Psychological Association, the American Psychiatric Association, the National Association of Social Workers, and the Substance Abuse and Mental Health Services Administration. The practices of most small businesses are, or should be, already consistent with these existing professional practice guidelines and position statements. Second, the proposed amendments will only affect licensees who violate this rule and are disciplined for unprofessional conduct, and as described below for other persons it is estimated that for the typical licensee, the proposed amendments will have no direct or indirect fiscal impact. Accordingly, any impact from non-compliance will never be uniformly felt across the industry, and most small businesses will never be impacted. Finally, although a small business employing a licensee who is disciplined for unprofessional conduct may face indirect financial costs for such noncompliance, it is impossible to estimate what such indirect costs might be with any accuracy at present, not only because any such violations are unforeseeable, but because any indirect costs from such unforeseen violations that any small business may potentially experience from any potential sanctions will vary widely depending on the unique characteristics of the employer and the individual characteristics and actions of each licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. In sum, the scope of these proposed amendments is so narrow that they will not affect the vast majority of small businesses, and will not result in a measurable fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The following individuals licensed under Title 58 may be affected by these proposed amendments: Approximately 4,209 licensed clinical social workers, 1,384 licensed certified social workers, and 30 licensed certified social worker interns. Approximately 1,485 licensed clinical mental health counselors, 2 licensed volunteer clinical mental health counselors, 382 licensed associate clinical mental health counselors, and 7 licensed associate clinical mental health counselor externs. Approximately 787 licensed marriage and family therapists, 181 licensed associate marriage and family therapists, and 3 associate marriage and family therapist externs. Finally, approximately 135 APRNs (advanced practice registered nurses) specializing in psychiatric mental health nursing, 1,198 osteopathic physicians (DOs) of which 25 are DO psychiatrists, and 11,221 physicians and surgeons (MDs) of which 290 are MD psychiatrists. However, no measurable fiscal impact to any of these persons is expected. First, the proposed amendments will only affect licensees who violate this rule and are sanctioned, so that most licensees will never be impacted. The amendments update this rule in accordance with practice guidelines and position statements already existing across the mental health professions, and the practices of most licensees are or should be already consistent with existing professional practice guidelines and position statements. Further, the goal of this rule is to provide a deterrent, such that there is a $0 net impact on all parties involved and minimal occasions to sanction a licensee for noncompliance. Therefore, for the typical licensee, the proposed amendments are expected to have no direct or indirect fiscal impact. Second, although a licensee who is disciplined for unprofessional conduct may experience a fiscal impact, it is impossible to estimate what such costs might be with any accuracy at present, both because they would apply only in cases of unforeseeable violations, and because any potential costs would depend on the unique characteristics and actions of each individual licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: As described above for other persons, the Division does not anticipate any compliance costs for any affected persons from these proposed amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In Section R156-60-102, the proposed amendments update references, and define the terms "gender identity", "sexual orientation", "gender identity change efforts" (GICE), and "sexual orientation change efforts" (SOCE). In Section R156-60-502, the proposed amendments update references, and add to the definition of unprofessional conduct "engaging in, or attempting to engage in the practice of sexual orientation change efforts or gender identity change efforts with a client who is less than 18 years old". Small Businesses (fewer than 50 employees): These proposed amendments will regulate individuals licensed under Title 58 who are practicing within their respective licensing acts and engage in the practice of mental health therapy. These amendments may therefore indirectly affect the estimated 1,132 small businesses in Utah comprising establishments of licensees engaged in the practice of mental health therapy or who may employ those engaged in the practice of mental health therapy, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, and 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for small business. Non-Small Businesses (50 or more employees): These proposed amendments will regulate individuals licensed under Title 58 who are practicing within their respective licensing acts and engage in the practice of mental health therapy. These amendments may therefore indirectly affect the estimated 72 non- small businesses in Utah comprising establishments of licensees engaged in the practice of mental health therapy or who may employ those engaged in the practice of mental health therapy, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, and 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 09/26/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44031.htm No. 44032 (Amendment): R156-61. Psychologist Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-61-102, the proposed amendments update references, and define the terms "gender identity", "sexual orientation", "gender identity change efforts" (GICE), and "sexual orientation change efforts" (SOCE). In Section R156-61-502, the proposed amendments update references and add to the definition of unprofessional conduct "engaging in, or attempting to engage in the practice of sexual orientation change efforts or gender identity change efforts with a client who is less than 18 years old". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division estimates that these proposed amendments may result in a potential increase of two additional complaints of unprofessional conduct each year, requiring two investigations consisting of approximately 20 hours per investigation. This may result in a cost to Division investigations of approximately $1,000 per fiscal year ongoing. The amendments are not expected to impact existing Division practices or procedures or other state practices or procedures. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any state agencies that may be acting as employers of licensed psychologists to experience any measurable fiscal impacts. Except as described above, the Division estimates that these proposed amendments will have no measurable impact on state government revenues or expenditures, beyond a minimal cost to the Division of approximately $75 to disseminate the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: The Division estimates that these proposed amendments will have no measurable impact on local governments' revenues or expenditures. None of these amendments are expected to impact local governments' practices or procedures. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any local governments that may be acting as employers of licensed psychologists to experience any measurable fiscal impacts. - SMALL BUSINESSES: These proposed amendments will regulate licensed psychologists practicing in Utah, which may indirectly affect the estimated 1,132 small businesses in Utah comprising establishments of licensees engaged in the practice of psychology or who may employ licensed psychologists, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for small businesses. First, the amendments update the rule in accordance with clear practice guidelines and position statements already existing in the industry, including from the American Psychological Association, the American Psychiatric Association, the National Association of Social Workers, and the Substance Abuse and Mental Health Services Administration. The practices of most small businesses are, or should be, already consistent with existing professional practice guidelines and position statements. Second, the proposed amendments will only affect licensees who violate the rules and are disciplined for unprofessional conduct, and as described below for other persons it is estimated that for the typical licensee, the proposed amendments will have no direct or indirect fiscal impact. Accordingly, any impact from non-compliance will never be uniformly felt across the industry, and most small businesses will never be impacted. Finally, although a small business employing a licensee who is disciplined for unprofessional conduct may face indirect financial costs for such noncompliance, it is impossible to estimate what such indirect costs might be with any accuracy at present, not only because any such violations are unforeseeable, but because any indirect costs from such unforeseen violations that any small business may potentially experience from any potential sanctions will vary widely depending on the unique characteristics of the employer and the individual characteristics and actions of each licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. In sum, the scope of these proposed amendments is so narrow that they will not affect the vast majority of small businesses, and will not result in a measurable fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are approximately 1,058 licensed psychologists and 36 licensed psychology residents in Utah that will be affected by these proposed amendments. No measurable fiscal impact to these persons is expected. First, the proposed amendments will only affect licensees who violate the rules and are sanctioned, so that most licensees will never be impacted. The amendments update this rule in accordance with clear practice guidelines and position statements already existing in the industry, and the practices of most licensees are or should be already consistent with existing professional practice guidelines and position statements. Further, the goal of this rule is to provide a deterrent, such that there is a $0 net impact on all parties involved and minimal occasions to sanction a licensee for noncompliance. Therefore, for the typical licensee, the proposed amendments are expected to have no direct or indirect fiscal impact. Second, although a licensee who is disciplined for unprofessional conduct may experience a fiscal impact, it is impossible to estimate what such costs might be with any accuracy at present, both because they would apply only in cases of unforeseeable violations, and because any potential costs would depend on the unique characteristics and actions of each individual licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: As described above for other persons, the Division does not anticipate any compliance costs for any affected persons from these proposed amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Utah Psychologist Licensing Board recommends these amendments to update this rule to define, clarify and establish current professional definitions and standards with respect to sexual orientation and gender identity, and in particular to define as unprofessional conduct the practice of sexual orientation change efforts or gender identity change efforts with a client who is less than 18 years old. Small Businesses (fewer than 50 employees): These proposed amendments will regulate licensed psychologists in Utah, which may indirectly affect the estimated 1,132 small businesses in Utah comprising establishments of licensees engaged in the practice of psychology or who may employ licensed psychologists, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, and 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for small businesses. Non-Small Businesses (50 or more employees): These proposed amendments will regulate licensed psychologists practicing in Utah, which may indirectly affect the estimated 72 non-small businesses in Utah comprising establishments of licensees engaged in the practice of psychology or who may employ licensed psychologists, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, and 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 09/26/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44032.htm REAL ESTATE No. 44011 (Amendment): R162-2c-204. License Renewal, Reinstatement, and Reapplication. SUMMARY OF THE RULE OR CHANGE: A mortgage loan originator licensed after May 6, 2017, is required by the current rule to take a Division of Real Estate (Division)-approved CE course for new loan originators prior to renewing their license. These proposed rule amendments would adjust the timing of the required CE course to allow the nationwide licensing system to automatically track each new loan originator relative to the requirement for the CE course. If no adjustment is made to the timing for the CE course, Division staff must manually track each new loan originator for completion of the CE course. Manually tracking the new loan originators is a time consuming process with the possibility of errors occurring. Only the timing for completion of the CE course is affected by this part of the proposed rule amendment. There is no new obligation created for loan originators. In Subsection R162-2c- 204(3)(b), these proposed rule amendments would require an applicant for reinstatement of an expired mortgage loan originator license obtained after May 6, 2017, to complete the required CE course for new loan originators prior to reinstatement, consistent with the requirement already in place for mortgage loan originators renewing their license. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division has the staff and budget in place to administer these proposed amendments. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact affect those resources or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the Utah Residential Mortgage Practices and Licensing rules. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to local governments. - SMALL BUSINESSES: These proposed amendments do not create new obligations for small businesses nor does it increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments do not create new obligations for persons other than small businesses, businesses, or local government entities nor does it increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule amendments will adjust the timing of the required CE course. There is no new obligation created for loan originators renewing their license and therefore, renewing licensees will not incur a fiscal impact or compliance cost from these proposed rule amendments. In Subsection R162-2c-204(3)(b), these proposed rule amendments will require an applicant for reinstatement of an expired mortgage loan originator license obtained after May 6, 2017, to complete the required CE course for new loan originators prior to reinstatement. This new requirement is consistent with the requirement already in place for mortgage loan originators renewing their license. These proposed rule amendments will have no fiscal impact on a licensee if the licensee completes the renewal process on time prior to expiration of the license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact to small businesses is expected because the first purpose of these amendments only impact the timing of when the CE course is taken, in order to ease the tracking burden to the Division. No new or additional CE course is required. No fiscal impact is expected by reason of the second purpose of these amendments because a small business that timely renews its license will not be required to take the CE course as a prerequisite to restatement. It is not possible to determine how many mortgage loan originators will let their licenses lapse. Compliant licensees will incur no additional expense. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44011.htm No. 44021 (Amendment): R162-2g. Real Estate Appraiser Licensing and Certification Administrative Rules. SUMMARY OF THE RULE OR CHANGE: In Section R162-2g-502a, an appraiser who performs an evaluation is exempt from complying with Standards 1 through 3 of the USPAP. Section R162-2g-502a also clarifies the requirement for appraiser schools and continuing education providers to upload student information after the student has completed a course. In Section R162- 2g-304d, the Real Estate Appraiser Licensing and Certification Board may not award experience hours to an appraiser for the performance of an evaluation which does not comply with USPAP. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division has the staff and budget in place to administer these proposed amendments. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact affecting those resources or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the Real Estate Appraiser Licensing and Certification administrative rules. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact on local governments. - SMALL BUSINESSES: These proposed amendments do not create new obligations for small businesses nor does it increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments do not create new obligations for persons other than small businesses, businesses, or local government entities nor do they increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule amendments do not create new obligations for affected persons subject to the administrative rules nor do they increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Division estimates that no non-small businesses will be impacted by these proposed rule amendments. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44021.htm No. 44013 (Amendment): R162-57a-9. Renewal and Reinstatement of Project Registration. SUMMARY OF THE RULE OR CHANGE: This proposed rule amendment would extend the window of opportunity to reinstate an expired project registration from 30 calendar days to 90 calendar days. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Real Estate (Division) has the staff and budget in place to administer this proposed amendment. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact affecting those resources, or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the Timeshare and Camp Resort rule. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to local governments. - SMALL BUSINESSES: This proposed amendment does not create new obligations for small businesses nor does it increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities nor does it increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule amendment does not create new obligations for affected persons subject to the administrative rules nor does it increase the cost associated with any existing obligation. After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: For the same reasons that no fiscal impact is occasioned by small businesses, non-small business will likewise not experience any fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44013.htm ENVIRONMENTAL QUALITY DRINKING WATER No. 44020 (Repeal and Reenact): R309-400. Water System Rating Criteria. SUMMARY OF THE RULE OR CHANGE: These rule changes standardize all violation and deficiency points by threat to public health, clarify this rule with the Improvement Priority System tables for violations and deficiencies, and reclassify deficiency types to align with federal regulations, enforcement, and threat to public health. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Aggregate costs for state budget are not expected to change because no additional requirements are being added to this rule. - LOCAL GOVERNMENTS: Aggregate costs for local governments are not expected to change because no additional requirements are being added to this rule. - SMALL BUSINESSES: Aggregate costs for small businesses are not expected to change because no additional requirements are being added to this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Aggregate costs for persons other than small businesses, businesses, or local government entities are not expected to change because no additional requirements are being added to this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change is not expected to have any fiscal impact on businesses. This rule enforces drinking water regulations and does not add any additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2020 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44020.htm GOVERNOR ECONOMIC DEVELOPMENT No. 44018 (New Rule): R357-15a. Non-Profit Enterprise Zone Rule. SUMMARY OF THE RULE OR CHANGE: Section R357-15a-103 references the authority granted in the statutory language that permits rulewriting. Section R357-15a-104 outlines the content of the application. Section R357-15a-105 establishes the tax credit procedure. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. This rule is merely creating the requirements for the Program that was created by the passing of H.B. 219 (2017). - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments because local governments are not required to comply with or enforce this rule. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses because this proposed rule does not create new obligations for small businesses, nor does it increase the costs associated with any existing obligation. Participation in the Program is optional. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this proposed rule does not create new obligations for persons other than small businesses, businesses, or local government entities, nor does it increase the costs associated with any existing obligation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because participation in the Program is optional. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule implements H.B. 219 (2017) which created the Non-Profit Enterprise Zone Program (Program). The purpose of this rule filing is to clarify the standards for participation in the Program. This rule will have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 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: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44018.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 44023 (New Rule): R414-518. Emergency Services Program for Non- Citizens. SUMMARY OF THE RULE OR CHANGE: This new rule reflects many long-standing policies for the emergency services program through its definitions, requirements for non-citizens, and service coverage criteria. Additionally, it defines how emergency services will be provided to individuals with end stage renal disease (ESRD) and expands the covered services to include treatment of ESRD in an outpatient dialysis facility. This rule also clarifies that reimbursement for services under this rule is as described in the Utah Medicaid State Plan, as approved by the Centers for Medicare & Medicaid Services (CMS). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is anticipated to be a general fund cost savings of approximately $77,000 per year. - LOCAL GOVERNMENTS: There is no impact on local governments because they do not fund or provide emergency services under the Medicaid program. - SMALL BUSINESSES: There is no expected fiscal impact on small businesses because there are no known hospitals or outpatient dialysis centers that have fewer than 50 employees. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is for outpatient dialysis centers who may begin to serve this population, an increased number of patients that may be served. Dialysis services are expected to shift from outpatient hospital to outpatient dialysis centers. There is anticipated to be an overall annual increase in outpatient dialysis center reimbursement of approximately $315,000 (total funds) and an annual decrease of approximately $597,000 in outpatient hospital reimbursement. Anticipating the dialysis services move to outpatient dialysis centers, depending on volume, an outpatient hospital may see reduced revenues ranging from $802 to $587,000 per year. COMPLIANCE COSTS FOR AFFECTED PERSONS: Individuals under the emergency services program for non-citizens requiring dialysis services will be able to receive those services in an outpatient dialysis center rather than needing to obtain those services through an outpatient hospital's emergency department. There is for outpatient dialysis centers who may begin to serve this population, an increased number of patients that may be served. Dialysis services are expected to shift from outpatient hospital to outpatient dialysis centers. There is anticipated to be an overall annual increase in outpatient dialysis center reimbursement of approximately $315,000 (total funds) and an annual decrease of approximately $597,000 in outpatient hospital reimbursement. Anticipating the dialysis services move to outpatient dialysis centers, depending on volume, an outpatient hospital may see reduced revenues ranging from $802 to $587,000 per year. 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 result in a decrease in business revenue for outpatient hospitals, but an increase in revenue to outpatient dialysis centers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 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: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44023.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 44005 (Amendment): R523-4. Certification Requirements for Screening, Assessment, Prevention, Treatment and Recovery Support Programs for Adults. SUMMARY OF THE RULE OR CHANGE: These amendments include: 1) formatting of sections has been changed; 2) an emphasis has been placed on the intent for certification to be extended to programs serving adults with criminogenic risk factors; 3) mandatory services has been defined; 4) a section for justice certification eligibility has been added to this rule; 5) requirements for criminogenic risk assessments has been removed; 6) criminogenic screening requirements have been updated; 7) standards for substance use and mental health screening and assessments have been combined and updated; 8) standards for providers of educational series have been updated; 9) the "Standards for Community-based Treatment" section has been updated and combined with the "Program Standards" section, and provisions for sole proprietorships and health clinics have been added; 10) the "Standards for Jail or Prison Treatment Programs" and "Documentation Standards for Community and Jail/Prison Based Treatment Services" sections have been eliminated; 11) justice certification requirements have been updated to reflect current agency expectations and actions; and 12) key search phrases have been updated to reflect the current justice certification nomenclature. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed changes in this rule amendment update procedures and expectation to meet current Division expectations and procedures, and do not require additional cost to the state budget beyond that which already exist with this rule as it is currently written. - LOCAL GOVERNMENTS: The proposed changes in this rule amendment update procedures and expectation to meet current Division expectations and procedures, and do not require additional cost to local governments service provider systems beyond that which already exist with this rule as it is currently written. - SMALL BUSINESSES: The proposed changes in this rule amendment update procedures and expectation to meet current Division expectations and procedures, and do not require additional cost to small businesses holding current justice certifications or small businesses that will potentially apply to be justice certified in the future beyond that which already exist with this rule as it is currently written. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or benefits in this rule change associated with other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance cost in this rule amendment. 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 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44005.htm LIEUTENANT GOVERNOR ELECTIONS No. 44029 (New Rule): R623-100. Remote Notarization. SUMMARY OF THE RULE OR CHANGE: This rule outlines technical and procedural guidance for remote notaries public and solution providers to complete remote notarizations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are state agencies that will experience a fiscal cost associated with increased prices. The full impact to state government cannot be estimated as the necessary data is unavailable. The Lt. Governor's Office is using funds for the project derived from a legislative funding to make any adjustments to the current system to allow for the process or commissioning Remote Notaries Public. - LOCAL GOVERNMENTS: There are local governments that will experience a fiscal cost associated with increased prices. The full impact to local governments cannot be estimated as the necessary data is unavailable. - SMALL BUSINESSES: There are small businesses that will experience a fiscal cost associated with increased prices. The full impact to small businesses cannot be estimated as the necessary data is unavailable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Of the approximately 24,000 notaries public commissioned by the state of Utah, any that are hired or contracted with an approved remote notary vendor will pay a fee to the lieutenant governor for commissioning and that fee has yet to be set by the Lt. Governor. COMPLIANCE COSTS FOR AFFECTED PERSONS: The fee has not been determined as of 08/30/2019. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: If a business chooses to contract with an approved remote notary vendor, the costs associated would be dependent on whether the business assumes financial responsibility for their notaries public employees. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Storie by phone at 801-538-1746, or by Internet E-mail at jenstorie@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/16/2019 09:30 AM, Lt. Governor's Office, 220 State Capitol Bldg, 350 N State Street, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44029.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 44028 (Amendment): R657-10. Taking Cougar. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) authorize the use of archery equipment, a crossbow or airguns with a bolt to take cougar; and 2) require the location of harvest and a tooth sample to be provided to DWR during the check-in process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule amendments allow for additional weapons to be used to take cougar and can be initiated within the current workload and resources of DWR. Therefore, DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget since these changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since these proposed amendments simply align the taking of cougar with the restrictions currently set for big game and bear, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--These amendments offer additional opportunity to persons wishing to participate in taking cougar in Utah and do not have the potential to create a cost impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--These amendments offer additional opportunity to persons wishing to participate in taking cougar in Utah and do not have the potential to create a cost impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for those participating in the cougar program. 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 10/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44028.htm REGENTS (BOARD OF) ADMINISTRATION No. 44017 (New Rule): R765-609B. Regents' Scholarship. SUMMARY OF THE RULE OR CHANGE: This rule establishes eligibility criteria, application procedures, directions to eligible institutions to assess student financial need, and how to distribute supplemental funds to students based on the last dollar in from all other financial aid, and establishes procedures for filing an appeal. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Legislature appropriated $12,708,400 for the scholarship. Although funding is primarily one-time, the Legislature has traditionally funded the scholarship at similar levels. The appropriated funds go to students in the form of scholarship funds which they can use at eligible schools. Although this is a scholarship to students, they can use these funds at one of Utah's public institutions of higher education, which could indirectly benefit those institutions in the form of revenue. However, this is not a direct appropriation and is dependent on where a scholarship recipient chooses to attend. - LOCAL GOVERNMENTS: Local governments are not fiscally impacted by this rule. - SMALL BUSINESSES: Small businesses are not directly impacted by this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Eligible Utah high school students will receive a portion of the $12,708,400 appropriated to this program. Scholarship amounts vary by how much the student is receiving in other financial aid or scholarships. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to students who apply for and are eligible to receive the Regents' Scholarship under this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This is a scholarship appropriated for Utah students. Under this administrative rule, there are several large, non-profit, private institutions of higher education that are eligible for scholarship recipients to attend. Those schools could therefore benefit by receiving those state appropriated scholarship funds. The amount of which the schools receive is entirely dependent on where a recipient chooses to attend. Consequently, it is impractical to estimate how much will go to these schools year to year. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/30/2019 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: 11/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44017.htm TAX COMMISSION MOTOR VEHICLE No. 44009 (Amendment): R873-22M-24. Salvage Vehicle Definitions Pursuant to Utah Code Ann. Sections 41-1a-1001 and 41-1a-1002. SUMMARY OF THE RULE OR CHANGE: This section is being removed because S.B. 82 (2019) which repealed Section 41-1a-1002 which provided a process for unbranding a vehicle with a branded title. 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 impact would have been addressed in the fiscal note of S.B. 82 (2019). - LOCAL GOVERNMENTS: This proposed amendment is not expected to have any fiscal impact on local governments' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of S.B. 82 (2019). - SMALL BUSINESSES: This proposed amendment is not expected to have any fiscal impact on small businesses' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of S.B. 82 (2019). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed amendment is not expected to have any fiscal impact on persons other than small businesses' or local governments' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of S.B. 82 (2019). COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed removal of this section is not expected to impose any compliance costs on affected persons because any compliance or regulatory burdens would have been addressed in the fiscal note of S.B. 82 (2019). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Any fiscal impact would have been addressed in the fiscal note for S.B. 82 (2019). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 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: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44009.htm No. 44010 (Amendment): R873-22M-26. Interim Inspections and Repair Standards Pursuant to Utah Code Ann. Section 41-1a-1002. SUMMARY OF THE RULE OR CHANGE: This section is being removed because S.B. 82 (2019) repealed Section 41-1a-1002 which provided a process for unbranding a vehicle with a branded title. 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 S.B. 82 (2019). - LOCAL GOVERNMENTS: This proposed amendment is not expected to have any fiscal impact on local governments' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of S.B. 82 (2019). - SMALL BUSINESSES: This proposed amendment is not expected to have any fiscal impact on small businesses' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of S.B. 82 (2019). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed amendment is not expected to have any fiscal impact on persons other than small businesses' or local governments' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of S.B. 82 (2019). COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed removal of this section is not expected to impose any compliance costs on affected persons because any compliance or regulatory burdens would have been addressed in the fiscal note of S.B. 82 (2019). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Any fiscal impact would have been addressed in the fiscal note for S.B. 82 (2019). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 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: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44010.htm PROPERTY TAX No. 44012 (Amendment): R884-24P-27. Standards for Assessment Level and Uniformity of Performance Pursuant to Utah Code Ann. Sections 59-2-704 and 59-2-704.5. SUMMARY OF THE RULE OR CHANGE: The change allows the Property Tax Division (Division) to exempt a county from the April assessment-to-sale ratio study if the county can demonstrate that it employs methods and measures that are adequate to ensure assessment compliance with applicable law. 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 do not change the amount of revenue generated statewide. - LOCAL GOVERNMENTS: These proposed amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because the exemption is limited to counties that can demonstrate that the assessment methodologies being applied are adequate to ensure assessment compliance with applicable law. - SMALL BUSINESSES: These proposed amendments are not expected to have any fiscal impact on small businesses' revenues or expenditures because the exemption is limited to counties that have demonstrated that the assessment methodologies being applied are adequate to ensure assessments consistent with applicable law. - 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 other persons because the exemption is limited to counties that have demonstrated that the assessment methodologies being applied are adequate to ensure assessments consistent with applicable law. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments are likely to ease compliance costs for those counties that have demonstrated that the assessment methodologies being applied are adequate to ensure assessments consistent with applicable law. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments are not expected to impact the revenues or expenditures of businesses because the exemption will only be granted to those counties that can satisfactorily demonstrate that the assessment methodologies being applied within the county are adequate to ensure assessments consistent with applicable law. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 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: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44012.htm No. 44014 (Amendment): R884-24P-33. 2019 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301. SUMMARY OF THE RULE OR CHANGE: Section 59-2-107 authorizes the State Tax Commission to promulgate rules that define classes of items considered to be personal property and provide valuation percent good schedules to value locally assessed personal property. County assessors must use the percent good schedules as contained in this section. Any deviation which affects an entire class or type of personal property requires a written report documenting the schedule change to be submitted to the Tax Commission for approval prior to use. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amount of savings or cost to state government is not affected by this section. Tax revenue generated by taxing personal property is distributed to local governments to finance public services, programs, school districts, and local districts. No tax revenues generated by taxation of personal property will be retained by state government. - LOCAL GOVERNMENTS: The amount of saving or cost to local governments is undetermined. Local governments receive tax revenue based on increased or decreased personal property values and the change in the annual property tax rate. Increases or decreases in 2020 property tax revenue cannot be determined, even if there were no changes in the percent good tables, because taxpayer acquisitions and deletions of personal property during 2020 are unknown. The proposed personal property schedules in this amendment are raised, lowered, or remain the same for 2020 based upon the type and age of the personal property assessed. Schedules used to value business personal property increase or decrease based upon the calculation of economic trends from cost indexes published by the Marshall Valuation Service. It is anticipated that the change in the annual property tax rate will have a larger impact on revenue than will the proposed amendments to this section. - SMALL BUSINESSES: In the aggregate, the amount of savings or cost to small businesses is undetermined. Affected small businesses pay property taxes based on increased or decreased personal property values and the change in the annual property tax rate. The proposed personal property schedules in this section are raised, lowered, or remain the same for 2020 based upon the type and age of the property. Since some schedules are increased and some decreased, it is not possible to determine the change to affected persons without knowing the 2020 personal property mix compared to the previous year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In the aggregate, the amount of savings or cost to persons other than small businesses, businesses, or local government entities is undetermined. Affected persons other than small businesses, businesses, or local government entities pay property taxes based on increased or decreased personal property values and the change in the annual property tax rate. The proposed personal property schedules in this section are raised, lowered, or remain the same for 2020 based upon the type and age of the property. Since some schedules are increased and some decreased, it is not possible to determine the change to affected persons without knowing the 2020 personal property mix compared to the previous year. COMPLIANCE COSTS FOR AFFECTED PERSONS: Local business owners and property tax practitioners will once again be required to be aware of new percent good figures. This is an annual occurrence; therefore, the compliance cost in completing the assessment process will not change. The change in taxes charged for these businesses depends entirely on the owner's mix of personal property since some percent good schedules are increasing and others decreasing. For example, the owner of a business may discard some personal property items and add new equipment or replace equipment which may increase or decrease personal property values. In addition, the personal property percent good schedule percentages often change from the previous year due to current economic conditions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact on businesses is undetermined. Some personal property schedules are raised, some are lowered, and some remain the same. Without knowing the 2020 personal property mix compared to the previous year, it is not possible to determine the impact on affected businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 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: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44014.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends October 15, 2019. From the end of the 30-day waiting period through January 13, 2020, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. GOVERNOR ECONOMIC DEVELOPMENT No. 43939 (Change in Proposed Rule): R357-22. Rural Employment Expansion Program Rule. SUMMARY OF THE RULE OR CHANGE: Section R357-22-102 is updated to create new definitions that will be used to administer the Program and delete obsolete definitions. Section R357-22-104 is modified to include additional documentation in the form and content of the application. Section R357-22-105 is modified to adjust the documentation required to demonstrate the creation of new full-time employee positions. Section R357-22-107 is updated to codify various requirements for the administration of the Program and delete obsolete subsections. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the August 15, 2019, issue of the Utah State Bulletin, on page 30. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. These changes merely codify the procedures the Office of Economic Development (Office) has historically used. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments because local governments are not required to comply with or enforce this rule. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses because these proposed amendments do not create new obligations for small businesses, nor does it increase the costs associated with any existing obligation. Participation in the Program is optional. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because these proposed amendments do not create new obligations for persons other than small businesses, businesses, or local government entities, nor does it increase the costs associated with any existing obligation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because participation in this Program is optional. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of this rule filing is to clarify the standards for participation in the Program. This rule will have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2019 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: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/43939.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. AGRICULTURE AND FOOD MARKETING AND DEVELOPMENT No. 44024 (5-year Review): R65-1. Utah Apple Marketing Order. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to promote the apple industry in the state. It is supported by the apple growers in the state. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@utah.gov EFFECTIVE: 08/30/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44024.htm REGULATORY SERVICES No. 44026 (5-year Review): R70-910. Registration of Servicepersons for Commercial Weighing and Measuring Devices. 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 allows the Department to certify individuals with proper training to assist in the calibration of scales and other measuring devices. This is necessary to ensure the measuring devices are accurate for the consumer. Additionally, the Department knows that the individuals are proper trained to engage in this activity. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brett Gurney by phone at 801-538-7158, by FAX at 801-538-7126, or by Internet E-mail at bgurney@utah.gov - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@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: 08/30/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44026.htm No. 44025 (5-year Review): R70-960. Weights and Measures Fee Registration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to ensure the inspection and certification of measuring devices used for commerce in the state. This ensures that the consumer is paying the correct price for their products. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brett Gurney by phone at 801-538-7158, by FAX at 801-538-7126, or by Internet E-mail at bgurney@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: 08/30/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44025.htm HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 44006 (5-year Review): R386-80. Local Public Health Emergency Funding Protocols. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Public Health Emergency Funding Program received an ongoing appropriation from the legislature and this rule is still necessary to specify expectations for the program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Heather Borski by phone at 801-538-9998, by FAX at 801-538-9495, or by Internet E-mail at hborski@utah.gov EFFECTIVE: 08/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44006.htm DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43995 (5-year Review): R392-104. Feeding Disadvantaged Groups. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-104 is recommended by the Department. This rule exempts certain charitable organizations from facility and operator permitting requirements, as well as meets statutory requirements to exempt food workers from needing food handler permits or food safety manager certifications. Keeping these exemptions in place encourages organizations and individuals to volunteer and help disadvantaged groups. The Department received no comments in opposition to this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/43995.htm HUMAN SERVICES RECOVERY SERVICES No. 44019 (5-year Review): R527-40. Retained Support. 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 continue because the laws and policies dealing with retained support are still in effect and the rule gives essential clarification, procedures, and explanation relating to the laws and policies. Recovery of assigned support is essential to reimburse the state for funds spent on the family. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 08/28/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44019.htm INSURANCE ADMINISTRATION No. 44003 (5-year Review): R590-67. Proxy Solicitations and Consent and Authorization of Stockholders of Domestic Stock Insurers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Many insurance companies in Utah are stock insurance companies. Stockholders in an insurance company have various rights, which may be assigned to another person via a proxy statement. This rule provides guidance as to the form and content of proxy solicitation made to insurance stockholders. Without this rule, there may be instances where individuals unfairly or covertly obtain a proxy to act on behalf of a stockholder without the stockholder's full or complete knowledge of what is happening. 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: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44003.htm No. 44004 (5-year Review): R590-76. Health Maintenance Organizations and Limited Health Plans. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Health maintenance organizations (HMOs) are major players in Utah's health insurance market. This rule, along with Title 31A, Chapter 8, of the Insurance Code have been developed to: 1) ensure the availability, accessibility, and quality of services provided by HMOs; 2) provide standards for terms and provisions contained in HMO contracts and certificates; 3) provide standards for determining financial condition; and 4) provide other standards deemed necessary to protect the interests of the citizens of Utah. 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: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44004.htm No. 43996 (5-year Review): R590-79. Life Insurance Disclosure 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 requires disclosure of basic life policy features specified in Title 31A, Chapter 22, Part 4, and specifies the format for disclosure. The disclosure informs and assists consumers in understanding the policy they purchase. 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: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/43996.htm No. 43997 (5-year Review): R590-83. Unfair Discrimination on the Basis of Sex or Marital Status. 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 provides important protection to consumers and allows the Insurance Department to regulate against unfair and discriminatory transactions between insurers and consumers. Not having this rule could give the impression that the Department is not concerned about unfair discrimination based on sex and marital status. 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: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/43997.htm No. 43998 (5-year Review): R590-127. Rate Filing Exemptions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There are four key reasons for continuing this rule: 1) it clarifies Title 31A, Chapter 19a; 2) it exempts certain lines of insurance from filing rates; 3) it puts a limitation on scheduled rating plans; and 4) it provides definitions for (a) rates, excess insurance, individual risk filing, self-insured retention, and umbrella liability insurance. 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: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/43998.htm No. 43999 (5-year Review): R590-129. Unfair Discrimination Based Solely Upon Blindness or Physical or Mental Impairment. 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 provides important protection for consumers and insurers and allows the Insurance Department to regulate against unfair and discriminatory transactions between insurers and consumers. Not having this rule could give the impression that the Insurance Department does not care about unfair discrimination based on blindness, or physical or mental impairments. 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: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/43999.htm No. 44000 (5-year Review): R590-167. Individual, Small Employer, and Group Health Benefit Plan 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 because it is a valuable consumer protection. It regulates and prevents abuse in insurer rating practices, assures that consumers receive credit for previous coverage, and limits the use of restrictive riders. 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: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44000.htm No. 44001 (5-year Review): R590-194. Coverage of Dietary Products for Inborn Errors of Amino Acid or Urea Cycle Metabolism. 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 provides the identification of a uniform billing code standard to be used by health insurers to expedite the processing of claims covering dietary formulas in conjunction with the treatment of these specific inborn metabolic errors. 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: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44001.htm No. 44002 (5-year Review): R590-229. Annuity Disclosure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule must be continued because it provides standards for the disclosure of information about annuity contracts to protect consumers by specifying the minimum information to be disclosed, and the method for disclosing it in connection with the sale of an annuity contract. This rule also fosters consumer education by ensuring that consumers understand certain basic features of annuity contracts. 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: 08/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44002.htm PUBLIC SAFETY HIGHWAY PATROL No. 44022 (5-year Review): R714-500. Chemical Analysis Standards and Training. 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 authorized by Section 41-6a-515, and is required in order for the Department to establish standards for the administration and interpretation of chemical testing in connection with an arrest for driving under the influence, and to establish standards of training and certification of officers to conduct testing, or certify testing instruments in order for test results to be admissible for court proceedings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Matt Spillman by phone at 801-698-2186, or by Internet E-mail at mspillman@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 08/29/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190915/44022.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. AGRICULTURE AND FOOD PLANT INDUSTRY No. 43684 (CPR): R68-27.Cannabis Cultivation Published: 07/15/2019 Effective: 08/29/2019 No. 43684 (NEW): R68-27.Cannabis Cultivation Published: 05/15/2019 Effective: 08/29/2019 No. 43842 (NEW): R68-29.Quality Assurance Testing on Cannabis Published: 07/15/2019 Effective: 08/29/2019 No. 43843 (NEW): R68-30.Independent Cannabis Testing Laboratory Published: 07/15/2019 Effective: 08/29/2019 COMMERCE CONSUMER PROTECTION No. 43845 (REP): R152-39.Child Protection Registry Rule Published: 07/15/2019 Effective: 08/22/2019 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43825 (AMD): R156-31b.Nurse Practice Act Rule Published: 07/15/2019 Effective: 08/22/2019 EDUCATION ADMINISTRATION No. 43794 (NEW): R277-305.School Leadership License Areas of Concentration and Programs Published: 07/01/2019 Effective: 08/19/2019 No. 43787 (NEW): R277-322.LEA Codes of Conduct Published: 07/01/2019 Effective: 08/19/2019 No. 43788 (AMD): R277-477.Distributions of Funds from the Trust Distribution Account and Administration of the School LAND Trust Program Published: 07/01/2019 Effective: 08/19/2019 No. 43789 (AMD): R277-491.School Community Councils Published: 07/01/2019 Effective: 08/19/2019 No. 43790 (REP): R277-517.LEA Codes of Conduct Published: 07/01/2019 Effective: 08/19/2019 No. 43791 (AMD): R277-522.Entry Years Enhancements (EYE) for Quality Teaching - Level 1 Utah Teachers Published: 07/01/2019 Effective: 08/19/2019 No. 43701 (AMD): R277-528.Use of Public Education Job Enhancement Program (PEJEP) Funds Published: 06/01/2019 Effective: 08/19/2019 No. 43795 (AMD): R277-600.Student Transportation Standards and Procedures Published: 07/01/2019 Effective: 08/19/2019 No. 43813 (AMD): R277-707.Enhancement for Accelerated Students Program Published: 07/01/2019 Effective: 08/19/2019 No. 43702 (AMD): R277-709.Education Programs Serving Youth in Custody Published: 06/01/2019 Effective: 08/19/2019 No. 43793 (AMD): R277-710.Intergenerational Poverty Interventions in Public Schools Published: 07/01/2019 Effective: 08/19/2019 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43837 (NEW): R414-71.Early and Periodic Screening, Diagnostic and Treatment Program Published: 07/15/2019 Effective: 08/29/2019 No. 43796 (AMD): R414-303.Coverage Groups Published: 07/01/2019 Effective: 08/29/2019 No. 43797 (AMD): R414-311-6.Household Composition and Income Provisions Published: 07/01/2019 Effective: 08/29/2019 No. 43798 (NEW): R414-312.Adult Expansion Medicaid Published: 07/01/2019 Effective: 08/29/2019 No. 43830 (AMD): R414-516.Nursing Facility Non-State Government-Owned Upper Payment Limit Quality Improvement Program Published: 07/15/2019 Effective: 08/29/2019 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43773 (AMD): R432-270-8.Personnel Published: 07/01/2019 Effective: 08/20/2019 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43850 (AMD): R523-7.Certification of Designated Examiners and Case Managers Published: 07/15/2019 Effective: 08/21/2019 INSURANCE ADMINISTRATION No. 43427 (NEW): R590-277.Managed Care Health Benefit Plan Policy Standards Published: 01/01/2019 Effective: 08/20/2019 No. 43427 (CPR): R590-277.Managed Care Health Benefit Plan Policy Standards Published: 05/01/2019 Effective: 08/20/2019 NATURAL RESOURCES WILDLIFE RESOURCES No. 43816 (AMD): R657-12.Hunting and Fishing Accommodations for People with Disablities Published: 07/15/2019 Effective: 08/22/2019 No. 43817 (AMD): R657-45.Wildlife License, Permit, and Certificate of Registration Forms and Terms Published: 07/15/2019 Effective: 08/22/2019 TAX COMMISSION ADMINISTRATION No. 43838 (AMD): R861-1A-9.State Board of Equalization Procedures Pursuant to Utah Code Ann. Sections 59-2-212, 59-2-1004, and 59-2-1006 Published: 07/15/2019 Effective: 08/22/2019 AUDITING No. 43839 (AMD): R865-9I-2.Determination of Utah Resident Individual Status Pursuant to Utah Code Ann. Sections 59-10-103 and 59-10-136 Published: 07/15/2019 Effective: 08/22/2019 MOTOR VEHICLE No. 43840 (AMD): R873-22M-17.Standards for State Impound Lots Pursuant to Utah Code Ann. Section 41-1a-1101 Published: 07/15/2019 Effective: 08/22/2019 TRANSPORTATION PROGRAM DEVELOPMENT No. 43847 (NEW): R926-17.Road Usage Charge Program Published: 07/15/2019 Effective: 08/26/2019 TRANSPORTATION COMMISSION ADMINISTRATION No. 43841 (AMD): R940-1.Establishment of Toll Rates Published: 07/15/2019 Effective: 08/26/2019 No. 43846 (NEW): R940-8.Establishment of Road Usage Charge (RUC) Rates Published: 07/15/2019 Effective: 08/26/2019 WORKFORCE SERVICES HOUSING AND COMMUNITY DEVELOPMENT No. 43849 (NEW): R990-300.Evaluation Process for Plan for Moderate Income Housing Reports Published: 07/15/2019 Effective: 08/21/2019 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/ . <> ----------------------------