---------------------------- Utah State Digest, Vol. 2019, No. 19 (October 1, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed September 4, 2019, 12:00 AM through September 16, 2019, 11:59 PM Volume 2019, No. 19 October 1, 2019 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between September 4, 2019, 12:00 a.m., and September 16, 2019, 11:59 p.m. are summarized in this, the October 1, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the October 1, 2019, issue of the Utah State Bulletin until at least October 31, 2019 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through January 29, 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. AUDITOR ADMINISTRATION No. 44048 (Repeal): R123-3. State Auditor Adjudicative Proceedings. SUMMARY OF THE RULE OR CHANGE: This rule related to adjudicative proceedings for the Office of the State Auditor has not been enacted for six years or longer, and there is no expectation that it would be enacted at any future point. The detail in Section 63G-4-102 is sufficient for adjudicative proceedings. As such, this rule can be repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The repeal of this rule is not expected to have any fiscal impact on state government revenues or expenditures because it is a rule that has not been enacted for more than six years and there is no expectation that it would be enacted at any future point. - LOCAL GOVERNMENTS: The repeal of this rule is not expected to have any fiscal impact on local governments' revenues or expenditures because it is a rule that has not been enacted for more than six years and there is no expectation that it would be enacted at any future point. - SMALL BUSINESSES: The repeal of this rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because it is a rule that has not been enacted for more than six years and there is no expectation that it would be enacted at any future point. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repeal of this rule is not expected to have any fiscal impact on revenues or expenditures of persons other than small businesses, businesses, or local government entities because it is a rule that has not been enacted for more than six years and there is no expectation that it would be enacted at any future point. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repeal of this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Linda Siebenhaar by phone at 801-538-1383, or by Internet E-mail at lsiebenhaar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44048.htm No. 44047 (Repeal): R123-4. Public Petitions for Declaratory Orders. SUMMARY OF THE RULE OR CHANGE: This rule related to Public Petitions for Declaratory Orders for the Office of the State Auditor has not been enacted for over six years and there is no expectation that it would be enacted at any future point. Also, the detail in Section 63G-4-503 is sufficient directive. As such, this rule can be repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The repeal of this rule is not expected to have any fiscal impact on state government revenues or expenditures because there have been no public petitions for declaratory orders from the Office of the State Auditor in the past six years and there is no expectation of such petitions in the future. - LOCAL GOVERNMENTS: The repeal of this rule is not expected to have any fiscal impact on local governments' revenues or expenditures because there have been no public petitions for declaratory orders from the Office of the State Auditor in the past six years and there is no expectation of such petitions in the future. - SMALL BUSINESSES: The repeal of this rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because there have been no public petitions for declaratory orders from the Office of the State Auditor in the past six years and there is no expectation of such petitions in the future. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The repeal of this rule is not expected to have any fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities because there have been no public petitions for declaratory orders from the Office of the State Auditor in the past six years and there is no expectation of such petitions in the future. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with the repeal of this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Linda Siebenhaar by phone at 801-538-1383, or by Internet E-mail at lsiebenhaar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44047.htm No. 44049 (Amendment): R123-5. Audit Requirements for Audits of Political Subdivisions and Governmental Nonprofit Corporations. SUMMARY OF THE RULE OR CHANGE: These rule changes redefine "audit services" as "accounting services" so as to include agreed-upon procedures engagements (AUP) required by the Office of the State Auditor (Office). These rule changes also update the requirements related to the procurement of accounting services as follows: 1) adds notification that the auditor is subject to the periodic workpaper review by the Office, 2) specifies the requirement for the entity to re-bid the accounting services at least every five years, 3) updates the items to be contained in the entity's request for proposal, and 4) adds criteria for ensuring competitive and fair procurement processes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures, because the only state government entity affected by these rule changes is the Office and the effect would only entail brief telephone conversations, as needed, with local government entities. - LOCAL GOVERNMENTS: These rule changes are not expected to have any additional fiscal impact on local governments' revenues or expenditures, because the requirement for local governments to procure accounting services is already in effect. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures, because the procedures for small businesses' submission of proposals for accounting services have not changed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities because the procedures for non- small businesses' submission of proposals for accounting services have not changed. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional compliance costs associated with these rule changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No additional fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Linda Siebenhaar by phone at 801-538-1383, or by Internet E-mail at lsiebenhaar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44049.htm CAREER SERVICE REVIEW OFFICE ADMINISTRATION No. 44059 (Amendment): R137-1. Grievance Procedure Rules. SUMMARY OF THE RULE OR CHANGE: This amendment provides for electronic filing of documents. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No costs associated with this procedural change. - LOCAL GOVERNMENTS: No costs associated with this procedural change. - SMALL BUSINESSES: The CSRO's rules apply only to state agencies and state employees; no small businesses will be affected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule applies only to state agencies; no other entities are affected. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule does not result in any costs to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Akiko Kawamura by phone at 801-538-3047, by FAX at 801-538-3139, or by Internet E-mail at akawamura@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44059.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 44081 (Amendment): R156-26a. Certified Public Accountant Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-26a-102, the proposed amendments define CPA mobility, accepted university accreditations, and CPA-related acronyms which are used throughout the rule. In Section R156-26a-201, the proposed amendments update citations and make nonsubstantive formatting changes for clarity. In Section R156-26a-302a, the proposed amendments in this section delete current education language and insert language with an easier to understand format to clarify the education requirement. The proposed amendments also provide an additional educational pathway, with board approval of each individual case, for candidates who earn undergraduate degrees from universities without an accepted accreditation if they go on to earn a graduate degree from an accredited institution. In Section R156-26a-302b, the proposed amendment updates the reference to the 2007 Uniform Accountancy Act to the Eighth Edition, January 2018. In Section R156-26a-302c, the proposed amendment aligns this rule with the statutory change enacted by H.B. 159 (2019) which took effect May 14, 2019, allowing Utah CPA candidates to sit for the AICPA Uniform Accountancy Exam at 120 semester hours (180 quarter hours). This language defines what those hours must include for eligibility. New language also clarifies other exam requirements required for licensure. In Section R156-26a-303a, the proposed amendment updates the previously adopted reference, Standards for Performing and Reporting on Peer Reviews, to the April 2019 edition. In Section R156- 26a-303b, this proposed amendment deletes the current language outlining CPE standards and adopts, by reference, the AICPA/NASBA Statement on Standards for Continuing Professional Education (CPE). The proposed amendments also further clarify the CPE reporting requirements. Section R156-26a-305 is a new section that clarifies, defines, and establishes the mobility practice privilege included in Section 58-26a-305 regarding exemptions from licensure. In Section R156-26a-307, the proposed amendments make nonsubstantive formatting changes for clarity. In Section R156-26a-501, the proposed amendment updates the reference to the AICPA Code of Professional Conduct to the August 31, 2016, edition. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments are not expected to directly impact state government revenues or expenditures because the amendments only add new definitions, redefine and clarify the education requirements, clarify the requirements to comply with the statutory change for examination eligibility, adopt references pertinent to the CPA profession and clarify CPE reporting requirements. State government is not affected by this process. The amendments also make technical, nonsubstantive changes. However, these proposed amendments to Rule R156- 26a will necessitate written notification to all licensees. Currently, there are approximately 5,400 CPA licensees and 695 CPA firms. At a printing/mailing cost of approximately $1 per licensee, this will be a one-time cost of $6,095. There will also be 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. Any indirect impacts cannot be estimated. - LOCAL GOVERNMENTS: These proposed amendments are not expected to impact local governments' revenues or expenditures because the amendments only add new definitions, redefine and clarify the education requirements, clarify the requirements to comply with the statutory change for examination eligibility, adopt references pertinent to the CPA profession and clarify CPE reporting requirements. Local governments are not affected by this process. The amendments also make technical, nonsubstantive changes. - SMALL BUSINESSES: These proposed amendments are expected to have no fiscal benefit or cost impact to small businesses. Small businesses that provide the services of certified public accountants (NAICS 541211 – Offices of Certified Public Accountants) will not see an increase or a decrease in service costs as a result of these proposed amendments. The Division estimates that this could result in a fiscal neutrality for the approximately 682 small businesses (NAICS 541211 – Offices of Certified Public Accountants) in the state of Utah. Any indirect impact cannot be estimated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are expected to have no fiscal benefit or cost impact to other persons utilizing the services of individuals who hold a license as a certified public accountant. Any indirect impact cannot be estimated. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments are expected to have no fiscal benefit or cost impact to individuals licensed as a certified public accountant or certified public accounting firms. Any indirect impact cannot be estimated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Small Businesses: The proposed amendments are expected to have no fiscal benefit or cost impact to small businesses. Small businesses that provide the services of certified public accountants (NAICS 541211 – Offices of Certified Public Accountants) will not see an increase or a decrease in service costs as a result of these proposed amendments. The Division estimates that this could result in a fiscal neutrality for the approximately 682 small business (NAICS 541211 – Offices of Certified Public Accountants) in the State of Utah. Any indirect impacts cannot be estimated. Non-Small Businesses: The proposed amendments have no fiscal impact to non-small business. Non-small businesses (NAICS 541211-Offices of Certified Public Accountants) will not see an increase or a decrease in service costs as a result of these proposed amendments. The Division estimates that this could result in a fiscal neutrality for the approximately 13 non-small businesses (NAICS 541-211-Offices of Certified Public Accountants) which employ more than 50 employees within the state of Utah. Any indirect impacts cannot be estimated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/09/2019 01:30 PM, 160 East 300 South, Conference Room 402 (4th floor), Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44081.htm EDUCATION ADMINISTRATION No. 44064 (New Rule): R277-317. Incentives for National Board Certification. SUMMARY OF THE RULE OR CHANGE: Rule R277-317 includes rules for reimbursement of the costs for obtaining national board certification, as well as a new incentive adopted by the Legislature for a salary supplement for national board certified teachers. Rule R277-317, if adopted, would replace Rule R277-521, National Board Certification Reimbursement. (EDITOR'S NOTE: The proposed repeal of Rule R277-521 is under Filing No. 44066 in this issue, October 1, 2019, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have any fiscal impact on state government revenues or expenditures. Previously, the rule for the Incentives for National Board Certification was Rule R277-521 which is being repealed. This rule is being renumbered within the new licensing rule numbering system and updated to reflect changes made in S.B. 208, National Certification Teacher Incentive Amendments, passed in the 2019 General Session. This bill moves provisions related to a salary supplement for a teacher who holds a national board certification from the Teacher Salary Supplement Program to a new program, and increases the amount of a salary supplement for a teacher who holds a national board certification, and holds a certification and teaches in a Title I school. This rule will not impact state government revenues or expenditures because the program is funded with a state appropriation, and the program changes are statutory and are covered by the existing legislative appropriation for the program. - LOCAL GOVERNMENTS: This rule is not expected to have any fiscal impact on local governments' revenues or expenditures. Previously, the rule for the Incentives for National Board Certification was Rule R277-521 which is being repealed. This rule is being renumbered within the new licensing rule numbering system and updated to reflect changes made in S.B. 208 (2019). This bill moves provisions related to a salary supplement for a teacher who holds a national board certification from the Teacher Salary Supplement Program to a new program, and increases the amount of a salary supplement for a teacher who holds a national board certification, and holds a certification and teaches in a Title I school. This rule does not have an independent fiscal impact on local governments. - SMALL BUSINESSES: This rule is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the program incentivizing national board certification which is state funded and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. S.B. 208 (2019) moves provisions related to a salary supplement for a teacher who holds a national board certification from the Teacher Salary Supplement Program to a new program, and increases the amount of a salary supplement for a teacher who holds a national board certification, and holds a certification and teaches in a Title I school. This rule does not have an independent fiscal impact on other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This rule has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44064.htm No. 44069 (Amendment): R277-404. Requirements for Assessments of Student Achievement. SUMMARY OF THE RULE OR CHANGE: These rule changes update language to be consistent with H.B. 118 (2019). More specifically allowing a teacher to use a student's score on a statewide assessment in the student's grade. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. This rule is being updated to reflect H.B. 118 (2019). This bill allows a teacher to use a student's score on certain assessments to improve the student's academic grade or demonstrate the student's competency, and prohibits a local education agency (LEA) from providing a nonacademic reward to a student for taking certain assessments. These rule changed make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is being updated to reflect H.B. 118 (2019). This bill allows a teacher to use a student's score on certain assessments to improve the student's academic grade or demonstrate the student's competency and prohibits a LEA from providing a nonacademic reward to a student for taking certain assessments. These rule changes make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is about allowable uses by LEAs of a student's score on certain assessments and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is being updated to reflect H.B. 118 (2019). This bill allows a teacher to use a student's score on certain assessments to improve the student's academic grade or demonstrate the student's competency and prohibits a LEA from providing a nonacademic reward to a student for taking certain assessments. These rule changes make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44069.htm No. 44067 (New Rule): R277-464. School Counselor Direct and Indirect Services. SUMMARY OF THE RULE OR CHANGE: Rule R277-464 establishes standards and time limits for direct and indirect services, and includes a list of inappropriate activities provided by a counselor within a local education agency (LEA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have any fiscal impact on state government revenues or expenditures. This rule is being proposed to reflect H.B. 81 (2019). This bill directs the Board to adopt rules regarding certain services provided by school counselors, and prohibits school counselors from certain activities. This rule implements these statutory requirements regarding school counselors and thus will not have a fiscal impact. - LOCAL GOVERNMENTS: This rule is not expected to have any fiscal impact on local governments' revenues or expenditures. H.B. 81 (2019) directs the Board to adopt rules regarding certain services provided by school counselors and prohibits school counselors from certain activities. This rule implements these statutory requirements regarding school counselors. This rule does specify that LEAs should ensure that school counselors devote 85 percent of their time to direct services and no more than 15 percent to indirect services. However, as per Board Rule R277-462, approved school counseling programs are required to implement the Utah College and Career Readiness School Counseling Model Second Edition, 2016, which has this 85/15 use of time by school counselors already delineated and thus this rule will not have an independent fiscal impact. - SMALL BUSINESSES: This rule is not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is about school counselors and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. H.B. 81 directs the Board to adopt rules regarding certain services provided by school counselors, and prohibits school counselors from certain activities. This rule implements these statutory requirements regarding school counselors and thus will not have a fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This rule has no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44067.htm No. 44065 (New Rule): R277-473. Utah Computer Science Grant. SUMMARY OF THE RULE OR CHANGE: The summary of this rule is to outline the reporting requirements for a grant recipient; the funding distribution for a grant; and the additional criteria required for a grant recipient to include in the grant recipient's computer science grant plan. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have an independent fiscal impact on state government revenues and/or expenditures. H.B. 227 (2019) established the Computer Science for Utah Grant Program for eligible local education agencies (LEAs) and funded it with a state appropriation. Thus, this rule does not have an independent fiscal impact on state government revenues and/or expenditures. - LOCAL GOVERNMENTS: This rule is not expected to have an independent fiscal impact on local governments' revenues and/or expenditures. H.B. 227 (2019) established the Computer Science for Utah Grant Program for eligible LEAs and funded the program with a state appropriation. This rule outlines grant application requirements and funding distribution parameters for the program. H.B. 227 (2019) directs the Board to adopt rules for requirements for LEAs to participate in the program. - SMALL BUSINESSES: This rule is not expected to have an independent fiscal impact on small businesses' revenues and/or expenditures. This rule outlines grant application requirements and funding distribution parameters for the Utah Computer Science Grant Program. The program is funded through state appropriated monies. LEAs may contract with small businesses in the state as a result of the program. However, H.B. 227 (2019) directs the Board to adopt rules for requirements for LEAs to participate in the program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have an independent fiscal impact on revenues and/or expenditures for persons other than small businesses, businesses, or local government entities. This rule outlines grant application requirements and funding distribution parameters for the Utah Computer Science Grant Program. The program is funded through state appropriated monies. LEAs may contract with Utah persons other than small businesses, businesses, or local government entities, as a result of the program. However, H.B. 227 (2019) directs the Board to adopt rules for requirements for LEAs to participate in the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is not expected to have an independent fiscal impact on non-small businesses', small business', local government entity' or other persons' revenues and/or expenditures. No non-public schools would qualify for grants under this program. H.B. 227 directs the Board to adopt rules for requirements for LEAs to participate in the program. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44065.htm No. 44063 (Amendment): R277-475. Patriotic, Civic and Character Education. SUMMARY OF THE RULE OR CHANGE: These rule changes remove provisions related to Commission because the Commission was repealed in H.B. 387 (2019). They also remove the reporting requirement to the Commission that was repealed by H.B. 140 (2019). Other changes are technical changes to bring this rule in like with the rulewriting manual style requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. This rule is being updated to reflect H.B. 140 (2019). This bill strikes the requirement for each school district and the State Charter School Board to submit to the Lieutenant Governor and the Commission a report summarizing how civic and character education are achieved in the schools. The Board will continue to report to the Education Interim Committee and now also to the Commission on Civic and Character Education. These rule changes make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is being updated to reflect H.B. 140 (2019). This bill strikes the requirement for each school district and the State Charter School Board to submit to the Lieutenant Governor and the Commission a report summarizing how civic and character education are achieved in the schools. The Board will continue to report to the Education Interim Committee and now also to the Commission on Civic and Character Education on civic and character education. These rule changes make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule provides direction for patriotic, civic, and character education programs in a local education agency (LEA) and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is being updated to reflect H.B. 140 (2019). This bill strikes the requirement for each school district and the State Charter School Board to submit to the Lieutenant Governor and the Commission a report summarizing how civic and character education are achieved in the schools. The Board will continue to report to the Education Interim Committee and now also to the Commission on Civic and Character Education. These rule changes make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44063.htm No. 44068 (Amendment): R277-487. Public School Data Confidentiality and Disclosure. SUMMARY OF THE RULE OR CHANGE: A summary of these changes includes adding language for data security in third party contracts, plus technical and stylistic updates. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. These rule changes include formatting changes and technical amendments, and staff has stricken language which duplicates statute and federal regulation. Thus, there is no fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. These rule changes include formatting changes and technical amendments, and staff has stricken language which duplicates statute and federal regulation. Thus, there is no fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. These rule changes include formatting changes and technical amendments, and staff has stricken language which duplicates statute and federal regulation. Thus, there is no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. These rule changes include formatting changes and technical amendments, and staff has stricken language which duplicates statute and federal regulation. Thus, there is no fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44068.htm No. 44066 (Repeal): R277-521. National Board Certification Reimbursement. SUMMARY OF THE RULE OR CHANGE: The pertinent language from this rule has been implemented into the new proposed Board Rule R277-317. Therefore, the Board is repealing this rule in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures. While this rule is being repealed, the rule for the Incentives for National Board Certification is being renumbered to Rule R277-317 within the new licensing rule numbering system, and updated to reflect changes made in S.B. 208, National Certification Teacher Incentive Amendments, passed in the 2019 General Session. This rule repeal will not impact state government revenues or expenditures because the program is funded with a state appropriation, and the program changes are statutory and are covered by the existing legislative appropriation for the program. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any fiscal impact on local governments' revenues or expenditures. While this rule is being repealed, the rule for the Incentives for National Board Certification is being renumbered to Rule R277-317 within the new licensing rule numbering system and updated to reflect changes made in S.B. 208 (2019). This rule repeal will not impact local governments' revenues or expenditures because the program is funded with a state appropriation and will continue to be state-funded. - SMALL BUSINESSES: This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures. While this rule is being repealed, the rule for the Incentives for National Board Certification is being renumbered to Rule R277-317 within the new licensing rule numbering system. This rule applies to the program incentivizing national board certification which is state funded and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. While this rule is being repealed, the rule for the Incentives for national board Certification is being renumbered to Rule R277-317 within the new licensing rule numbering system. This rule applies to the program incentivizing national board certification which is state funded and thus does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This rule repeal is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44066.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 44042 (Amendment): R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter. SUMMARY OF THE RULE OR CHANGE: Section R307-110-10 is amended by changing the date of the last adoption by the Air Quality Board to December 4, 2019. The Maintenance Plans for Logan, Provo, and Salt Lake City will be open for public comment and found at https://deq.utah.gov/air-quality/air-quality-rule-plan-changes-open- public-comment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on the state budget because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change will not have a compliance cost for affected persons because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it is determined that this proposed rule change will not result in a fiscal impact to businesses due to the plan being incorporated into this rule showing how existing regulations will lead to the attainment of the PM2.5 air quality standard. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Liam Thrailkill by phone at 801-536-4419, or by Internet E-mail at lthrailkill@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44042.htm No. 44043 (Amendment): R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits. SUMMARY OF THE RULE OR CHANGE: Section R307-110-17 is amended by changing the date of the last adoption by the Air Quality Board to December 4, 2019. The revision to Section IX, Part H will be open for public comment and found at https://deq.utah.gov/air-quality/air-quality- rule-plan-changes-open-public-comment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on the state budget because the requirements set forth in the SIP are already found in the permit conditions. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments because the requirements set forth in the SIP are already found in the permit conditions. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses because the requirements set forth in the SIP are already found in the permit conditions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses. businesses, or local government entities because the requirements set forth in the SIP are already found in the permit conditions. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change will not have a compliance cost for affected persons because the requirements set forth in the SIP are already found in the permit conditions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Upon completion of a thorough analysis, it is determined that this proposed rule change will not result in a fiscal impact to businesses because the requirements set forth in the SIP are already found in the New Source Review (NSR) and Operating Permit conditions. Due to the conditions already being in place in the permits, no further fiscal impact is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Liam Thrailkill by phone at 801-536-4419, or by Internet E-mail at lthrailkill@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44043.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 44056 (Amendment): R392-100. Food Service Sanitation. SUMMARY OF THE RULE OR CHANGE: In Section R392-100-2, added definitions for "recovery residence", "residential support", and "residential treatment" have been added. In Section R392-100-3, a statement that certified or licensed child care facilities, including residences, that provide care for 16 or fewer children; and residential treatment programs, residential support programs, and recovery residences are exempt from the requirements of this rule has been included. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Amending Rule R392-100 will likely not result in a cost or benefit to the state budget because, aside from an exemption for food service sanitation in residential care facilities, there are no changes to any of the current regulatory provisions. - LOCAL GOVERNMENTS: Amending Rule R392-100 will likely not result in a cost or benefit to local governments because, aside from an exemption for food service sanitation in residential care facilities, there are no changes to any of the regulatory provisions. - SMALL BUSINESSES: Amending Rule R392-100 will likely not result in a cost or benefit to small businesses because, aside from an exemption for food service sanitation in residential care facilities, there are no changes to any of the regulatory provisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Amending Rule R392-100 will likely not result in a cost or benefit to other persons because, aside from an exemption for food service sanitation in residential care facilities, there are no changes to any of the regulatory provisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: No specific person will be affected by these rule changes. There are no compliance costs associated with these rule changes for any one specific person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to businesses because there are no changes to the provisions regulating these entities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44056.htm No. 44033 (Amendment): R392-510. Utah Indoor Clean Air Act. SUMMARY OF THE RULE OR CHANGE: These amendments change the definitions and add some to match Section 26-38-2 of the Utah Indoor Clean Air Act. Language was deleted for an exemption which sunset on July 1, 2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enacting these proposed changes to Rule R392-510 will not result in a cost or benefit to the state budget because these proposed rule changes do not require a change to current state operations or programs, and they do not include requirements for the payment of fines or fees. - LOCAL GOVERNMENTS: Enacting these proposed changes to Rule R392-510 will not result in a direct cost or benefit to local governments because these proposed rule changes do not require a change to current government operation or programs. These proposed rule changes do not include requirements for permit or inspection fees. - SMALL BUSINESSES: Enacting these proposed changes to Rule R392-510 will not result in a direct cost or benefit to small businesses because no additional construction, equipment, or operational requirements are included in these rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enacting these proposed changes to Rule R392-510 will not result in a direct cost or benefit to any one specific person, as defined, because no additional construction, equipment, or operational requirements are included in these rule changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: No specific person will be affected by these rule changes. There are no compliance costs associated with these rule changes for any one specific person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes are proposed in order to comply with H.B. 324 (2018) and the sunset of specific exemptions in H.B. 245 (2012). Definitions are changed and added to match Section 26-38-2 of the Utah Indoor Clean Air Act and language is deleted in accordance with the sunset of certain exemptions. There is no 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 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44033.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 44060 (Amendment): R477-8. Working Conditions. SUMMARY OF THE RULE OR CHANGE: This amendment revises Subsection R477-8- 1(1) so that the definition of the state's workweek ends on 11:59 p.m. on Friday rather than 11:29 p.m. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment is not expected to have any fiscal impact on state government revenues or expenditures because these changes are administrative in nature and do not impact budgets. - LOCAL GOVERNMENTS: This amendment is not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government. - SMALL BUSINESSES: This amendment is not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment is not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After the matter was identified to the Department of Human Resource Management (DHRM), it was determined that this proposed rule change will not result in a fiscal impact to businesses. Rules published by DHRM have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and this rule to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44060.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 44034 (Repeal and Reenact): R501-22. Residential Support Programs. SUMMARY OF THE RULE OR CHANGE: This is a repeal and reenactment to incorporate homeless shelters into the Residential Support rule category and streamline the rules that govern the licensure of these programs. Once the Housing Committee determined that the Homeless Shelters do fit into the OL's statutory definition requiring licensure and the Department as a whole moved toward this process, it was determined that OL would need to amend this rule. Over the course of a year, OL engaged all stakeholders in shelters, resource centers, domestic violence representatives, DWS, and DSAMH to develop this rule change that addresses the key health and safety needs for individuals in these settings while deferring to other regulatory oversight that might already be in place for these entities. During this process, it was determined that to meet those needs a repeal and reenactment would be best as the rule had grown quite extensively with these additions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The OL's caseload is being distributed statewide across multiple licensors and the increase to caseloads will be nominal and offset by the licensing fees charged. There are no other anticipated costs or benefits to any entities outside the Department and homeless providers. The gain OL foresees is protected communities, protected clients, and safe providers. - LOCAL GOVERNMENTS: The shelters are already in operation in all of their respective jurisdictions, adding licensure to them will not have any fiscal impact on local governments. - SMALL BUSINESSES: Fiscal impact was calculated based on the fact that there will be a $900 initial licensing fee for each of the 30 shelter locations across the state. They will incur $300 annual renewal fees. Calculation of and a one-time $38.25 per employee background screening fee is difficult to predict due to the fact that there are non-licensed entities (Community Action/Kane Security) who provide staff to multiple shelter facilities. Community action reports having 6 employees (at a cost of $229.50) and Kane reports having 50 employees (at a cost of $1,912.50) so a total of $2,142 was estimated for screenings for their staff. OL has enlisted a way for them to submit clearances as a non- licensed entity and pay the one time clearance fee and transfer the clearance to all sites they will be affiliated with. Community action incurs the screening cost for these employees, which spares the facilities the cost. It is impossible to estimate how many employees will be hired, renewed, or shared between multiple facilities, as shifts are assigned where the need is and employees are not necessarily linked to just one facility, making any further calculations inestimable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No person, entity, or public or private organization will be impacted by the implementation of this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for anyone affected by the implementation of this rule. 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 repeal and reenactment will result in a fiscal impact to small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44034.htm CHILD AND FAMILY SERVICES No. 44079 (Amendment): R512-76. Expungement of DCFS Allegations. SUMMARY OF THE RULE OR CHANGE: The proposed changes to this rule bring the rule in-line with H.B. 431 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed changes to this rule are not expected to have any fiscal impacts on state government revenues or expenditures as the revised language brings this rule current to language in H.B. 431 (2019). - LOCAL GOVERNMENTS: There is little or no impact to local governments due to these rule changes. These revisions bring this rule in-line with H.B. 431 (2019). - SMALL BUSINESSES: There is little or no impact to small businesses due to these rule modifications. These revisions bring the rule in-line with H.B. 431 (2019). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is little or no impact to other persons due to revisions made to this rule. These revisions bring the rule in-line with H.B. 431 (2019). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing these rule changes because these changes are not fiscal in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses because this rule implements an internal procedure for sealing Division of Child and Family Services records that is expected to have no costs for businesses and only minimal, unquantifiable potential savings. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44079.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 44078 (Repeal and Reenact): R657-53. Amphibian and Reptile Collection, Importation, Transportation and Possession. SUMMARY OF THE RULE OR CHANGE: The revisions to this rule: 1) streamline the mechanism by which the division approves and permits collection of reptiles and amphibians from the wild; 2) liberalize the possession of captive bred specimens; 3) establish daily collection and total possession limits; 4) require a mandatory reporting of collection events; 5) create a mandatory education course and establish a Reptile and Amphibian Collection Permit; 6) define prohibited species and the variance process to obtain them; 7) change native species to controlled; 8) remove regulations on the propagation of controlled or noncontrolled specimens; 9) allow for the sale of offspring; and 10) make additional technical corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments add an online education course and the requirement to obtain a collection permit. The Division of Wildlife Resources (DWR) has determined that by adding these requirements this rule does not create a cost or savings impact to the state budget or DWR's budget and can be completed within the scope of DWR's personnel. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule amendments will require the participant to obtain an additional permit for those wishing to participate in the collecting of native reptiles and amphibians. The cost of the permit is $0 (zero) dollars. DWR has determined that these amendments to this rule will not generate a cost impact to those choosing to participate. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendments add an educational requirement that does not incur a cost, and the requirement to obtain a permit. The current cost of the permit is $0 (zero) dollars. DWR therefore has determined that these amendments will not create a cost impact to those wishing to participate in the program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it has been 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 10/31/2019 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: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44078.htm PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 44054 (Repeal): R722-370. Firearm Safety Program. SUMMARY OF THE RULE OR CHANGE: This rule is no longer necessary due to the fact that the oversight of the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health. In addition, the statutory language that authorized the rule under Subsection 53-10-202(18)(d) was repealed in 2018, and new language authorizing the Division of Substance Abuse and Mental Health to create rules was enacted upon passage of H.B. 17 (2019) under Subsection 62A-15- 103(3)(d). This rule is repealed in it's entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is not an anticipated cost or savings to the state budget because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to local governments because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed. - SMALL BUSINESSES: There is not an anticipated cost or savings to small businesses because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting an thorough analysis, it was determined that the repeal of this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4533, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Nicole Borgeson by phone at 801-281-5072, or by Internet E-mail at nshepherd@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44054.htm TAX COMMISSION ADMINISTRATION No. 44061 (Amendment): R861-1A-9. State Board of Equalization Procedures Pursuant to Utah Code Ann. Sections 59-2-212, 59-2-1004, and 59-2-1006. SUMMARY OF THE RULE OR CHANGE: The proposed rule amendment clarifies that the Tax Commission must consider facts and evidence presented, including facts and evidence that was presented by a party to the county board of equalization. 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 it only clarifies the administrative appeals process. - LOCAL GOVERNMENTS: This proposed amendment is not expected to have any fiscal impact on local governments' revenues or expenditures because it only clarifies the administrative appeals process. - SMALL BUSINESSES: This proposed amendment is not expected to have any fiscal impact on small businesses' revenues or expenditures because it only clarifies the administrative appeals process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed amendment is not expected to have any fiscal impact on the revenues or expenditures of persons other than small businesses or local governments because it only clarifies the administrative appeals process. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment is not expected to increase the compliance burden on affected persons because it only clarifies the facts and evidence that the Tax Commission must consider in an appeal from a county board of equalization decision. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment does not have a fiscal impact on businesses. It clarifies the facts and evidence the Tax Commission shall consider in appeals from a county board of equalization decision. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 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: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44061.htm TRANSPORTATION ADMINISTRATION No. 44058 (New Rule): R907-33. Department of Transportation Procurement Rules. SUMMARY OF THE RULE OR CHANGE: This new rule provides the framework and procedures the Department will follow and apply when purchasing equipment, services, and supplies. This rule requires the Department to take advantage of competition to the maximum degree practicable, but also delineates certain exceptional procedures for making purchases without following standard competition based procedures, such as in emergency situations and small purchases. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department anticipates this new rule will lead to cost savings by allowing the Department to purchase equipment, services, and supplies following procedures that better conform to the specialized needs of the Department, which leads to greater efficiency and flexibility. However, quantifying such savings would be speculation at present. - LOCAL GOVERNMENTS: The Department does not anticipate this new rule will have any fiscal impact on local governments because it does not purchase equipment, services, or supplies from or for local governments. - SMALL BUSINESSES: The Department does not anticipate this new rule will have any fiscal impact on small businesses. It is a procedural rule the Department will follow when purchasing from vendors of all sizes. It is designed to take advantage of market competition and provide fair opportunities for vendors of all sizes hoping to do business with the Department. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate this new rule will have any fiscal impact on persons other than small businesses, businesses, or local government entities. It is designed to take advantage of market competition and provide fair opportunities for vendors of all sizes hoping to do business with the Department. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new rule does not intentionally impose any compliance costs on affected persons. This rule is designed to take advantage of market competition and provide fair opportunities for vendors of all sizes hoping to do business with the Department. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule should not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel by phone at 269-217-7091, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Lori Edwards by phone at 801-965-4048, or by Internet E-mail at loriedwards@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44058.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G-3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. HEALTH DISEASE CONTROL AND PREVENTION, IMMUNIZATION No. 44062 (Emergency Rule): R396-100. Immunization Rule for Students. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to comply with Title 53G, Chapter 9, Part 3. These amendments clarify the role of parents and schools in the exemption process, reference the exemption process and form required by statute, and clarify requirements for receiving, and documenting receipt of, specific health education to receive an immunization exemption. This rule also allows for the Department of Health (Department) to provide electronic copies of student immunization records to schools. These amendments cite the statutory requirement that a student granted conditional enrollment must begin receiving immunizations within 21 days of school enrollment. Additional nonsubstantive changes clarify language referencing Kindergarten and Meningococcal vaccine. Finally, references have been updated to reflect the change in Utah Code pertaining to this rule; the amended rule now references sections within Title 53G, Chapter 9, Part 3. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: H.B. 308 was passed in the 2017 General Session and codified within Title 53G, Chapter 9, Part 3. The bill included a delayed implementation date and a delayed date for rulemaking, which was due to be complete by December 28, 2018. Rule R396-100 must be amended to bring it into compliance with this statute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no change in cost or savings for state government as a result of these rule changes; these amendments are updating language to comply with statutory requirements within Title 53G, Chapter 9, Part 3, and no additional work, or process change, is anticipated as a result of these amendments. The Department already provides copies, including electronic copies, of exemption forms to schools, as described in the amendment. - LOCAL GOVERNMENTS: Enacting proposed changes will not result in a cost, or benefit, to local governments because these rule changes are matching what is already in statute. Local health departments have already been providing education and exemption forms as described in these amendments. Schools have already been aware of, and compliant with, conditional enrollment requirements, and requirements for retaining exemption forms with the student's immunization record. - SMALL BUSINESSES: Enacting these proposed changes will not result in a cost or benefit to small businesses because these rule changes only match what is already in statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no change in cost or savings for other persons through enacting these proposed changes; these rule changes match what is in statute, and clarify the role of parents in obtaining exemptions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with these rule amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to businesses because there is no additional changes that are not already in existing statute. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rich Lakin by phone at 801-538-3905, or by Internet E-mail at rlakin@utah.gov EFFECTIVE: 09/13/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44062.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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 44045 (5-year Review): R156-17b. Pharmacy Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 17b, with respect to various license classifications relating to pharmacy practice. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Zaelit by phone at 801-530-7632, or by Internet E-mail at jzaelit@utah.gov EFFECTIVE: 09/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44045.htm No. 44051 (5-year Review): R156-38a. Residence Lien Restriction and Lien Recovery Fund Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued for several reasons. First, the rule sets forth the evidentiary requirements for Fund applications. Second, the rule codifies years of decisions so the public has a single, convenient reference for guidance on taking advantage of the Residence Lien Restriction and Lien Recover Fund Act. Finally, the rule is the repository of instructions for all Fund activities. Without that guidance, the Fund's workings would become mired in inefficiency and contradiction. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Rogers by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at crogers@utah.gov EFFECTIVE: 09/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44051.htm No. 44052 (5-year Review): R156-38b. State Construction Registry Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform persons and companies who utilize the State Construction Registry of requirements as allowed under statutory authority provided in Title 38, Chapters 1a and 1b. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Rogers by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at crogers@utah.gov EFFECTIVE: 09/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44052.htm No. 44044 (5-year Review): R156-60c. Clinical Mental Health Counselor Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 60, Part 4, with respect to clinical mental health counselors and associate clinical mental health counselors. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Zaelit by phone at 801-530-7632, or by Internet E-mail at jzaelit@utah.gov EFFECTIVE: 09/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44044.htm No. 44053 (5-year Review): R156-84. State Certification of Music Therapists Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential state certified music therapists of the requirements for state certification as allowed under statutory authority provided in Title 58, Chapter 84. This rule should also be continued as it provides information to ensure applicants for certification are adequately trained and meet minimum certification requirements and provides state certified music therapists with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov EFFECTIVE: 09/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44053.htm EDUCATION ADMINISTRATION No. 44057 (5-year Review): R277-475. Patriotic, Civic and Character Education. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to provide direction for patriotic, civic, and character education programs in local education agencies. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 09/11/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44057.htm No. 44055 (5-year Review): R277-487. Public School Data Confidentiality and 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 continues to be necessary because it provides for appropriate review and disclosure of student performance data on state administered assessments as required by law; provides for adequate and appropriate review of student performance data on state administered assessments to professional education staff and parents of students; ensures the privacy of student performance data and personally identifiable student data, as directed by law; provides an online education survey conducted with public funds for Board review and approval; and provides for appropriate protection and maintenance of educator licensing data. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 09/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44055.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 44037 (5-year Review): R307-125. Clean Air Retrofit, Replacement, and Off-Road Technology Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-125 specifies the requirements and procedures of the Clean Air Retrofit, Replacement and Off-Road Technology Program that is authorized in Section 19-2-203, including how the director may allocate funds and how grants and exchange, rebate, or low-cost purchase awards are applied for and awarded. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Liam Thrailkill by phone at 801-536-4419, or by Internet E-mail at lthrailkill@utah.gov EFFECTIVE: 09/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44037.htm No. 44038 (5-year Review): R307-501. Oil and Gas Industry: General Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-501 combats high ozone levels by lowering VOC emissions. This rule helps to address the EPA's Ozone Advance Program with the goal to proactively lower ozone values in the Uintah Basin. Rule R307-501 establishes general requirements for prevention of emissions and use of good air pollution control practices for all oil and gas exploration, production, transmission, and distribution operations; well production facilities; natural gas compressor stations; and natural gas processing plants. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Liam Thrailkill by phone at 801-536-4419, or by Internet E-mail at lthrailkill@utah.gov EFFECTIVE: 09/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44038.htm No. 44039 (5-year Review): R307-502. Oil and Gas Industry: Pneumatic Controllers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-502 combats high ozone levels by lowering VOC emissions. This rule helps us to address the EPA's Ozone Advance Program with the goal to proactively lower ozone values in the Uintah Basin. Rule R307-502 requires the replacement of existing high-bleed devices with low-bleed devices so that all pneumatic controllers in the state would meet the NSPS standard. Ozone continues to be monitored at levels above the National Ambient Air Quality Standard along the Wasatch Front and Uintah Basin. As operators have already invested to comply with this rule there is no additional impact to continue to comply and reduce emissions of ozone precursors. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Liam Thrailkill by phone at 801-536-4419, or by Internet E-mail at lthrailkill@utah.gov EFFECTIVE: 09/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44039.htm No. 44040 (5-year Review): R307-503. Oil and Gas Industry: Flares. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-503 combats high ozone levels by lowering VOC emissions. This rule helps us to address the EPA's Ozone Advance Program with the goal to proactively lower ozone values in the Uintah Basin. Further, Rule R307-503 addresses the issue of unmanned well production sites. Unmanned well production sites are an issue because of a possible wind or surge of gas blowing out the pilot light possibly causing the combustion device to cease working for an extended period of time until personnel visit the site and relight the pilot light. Rule R307-503 would require all new flares to be equipped with a self-igniter to relight the pilot light if the flame is extinguished. Ozone continues to be monitored at levels above the National Ambient Air Quality Standard along the Wasatch Front and Uintah Basin. As operators have already invested to comply with the rule there is no additional impact to continue to comply and reduce emissions of ozone precursors. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Liam Thrailkill by phone at 801-536-4419, or by Internet E-mail at lthrailkill@utah.gov EFFECTIVE: 09/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44040.htm No. 44041 (5-year Review): R307-504. Oil and Gas Industry: Tank Trunk Loading. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Since January 1, 2015, tank trucks used for intermediate hydrocarbon liquid or produced water are required to load using bottom filling or submerged fill pipe. This rule applies to any person who loads or permits the loading of any intermediate hydrocarbon liquid or produced water at a well production facility. Ozone continues to be monitored at levels above the National Ambient Air Quality Standard along the Wasatch Front and Uintah Basin. As operators have already invested to comply with this rule there is no additional impact to continue to comply and reduce emissions of ozone precursors. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Liam Thrailkill by phone at 801-536-4419, or by Internet E-mail at lthrailkill@utah.gov EFFECTIVE: 09/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44041.htm PUBLIC SAFETY DRIVER LICENSE No. 44035 (5-year Review): R708-45. Renewal or Duplicate License for Utah Residents Temporarily Residing Out of State. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is required under Sections 53-3-104 and 53-3-205, and is necessary in order to outline the requirements for a Utah resident who is temporarily residing outside of Utah to obtain a renewal or duplicate Utah driver license; and for a Utah resident who is ordered to active duty and stationed outside of Utah in any of the armed forces of the United States, or their immediate family member or dependent, to obtain a motorcycle endorsement upon completion of a certified Motorcycle Safety Foundation rider training course. 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 - Tara Zamora by phone at 801-964-4483, by FAX at 801-964-4482, or by Internet E-mail at tarazamora@utah.gov EFFECTIVE: 09/04/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44035.htm PEACE OFFICER STANDARDS AND TRAINING No. 44036 (5-year Review): R728-205. Council Resolution of Public Safety Retirement Eligibility. 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 under Section 53-6-105, and Subsections 49-14-201(4)-(6) and 49-15-201(5)-(7), and is needed in order to establish the process by which the Peace Officer Standards and Training Council, created in Section 53-6-106, will review disputes regarding eligibility for participation in the public safety retirement system. 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 - Scott Stephenson by phone at 801-256-2322, by FAX at 801-256-0600, or by Internet E-mail at sstephen@utah.gov EFFECTIVE: 09/04/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191001/44036.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. ENVIRONMENTAL QUALITY AIR QUALITY No. 43806 (AMD): R307-110-31.Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability Published: 07/01/2019 Effective: 09/05/2019 No. 43807 (AMD): R307-110-36.Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County Published: 07/01/2019 Effective: 09/05/2019 No. 43808 (AMD): R307-204.Emission Standards: Smoke Management Published: 07/01/2019 Effective: 09/05/2019 HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43881 (AMD): R426-2.Emergency Medical Services Provider Designations for Pre-Hospital Providers, Critical Incident Stress Management and Quality Assurance Reviews Published: 08/01/2019 Effective: 09/11/2019 No. 43882 (AMD): R426-4.Operations Published: 08/01/2019 Effective: 09/11/2019 REGENTS (BOARD OF) ADMINISTRATION No. 43853 (NEW): R765-620.Access Utah Promise Scholarship Program Published: 08/01/2019 Effective: 09/10/2019 TAX COMMISSION ADMINISTRATION No. 43883 (AMD): R861-1A-46.Procedures for Purchaser Refund Requests Pursuant to Utah Code Ann. Sections 59-1-1410 and 59-12-110 Published: 08/01/2019 Effective: 09/12/2019 AUDITING No. 43884 (AMD): R865-19S-93.Waste Tire Recycling Fee Pursuant to Utah Code Ann. Section 19-6-808 Published: 08/01/2019 Effective: 09/12/2019 PROPERTY TAX No. 43885 (AMD): R884-24P-24.Form for Notice of Property Valuation and Tax Changes Pursuant to Utah Code Ann. Sections 59-2-918.5 through 59-2- 924 Published: 08/01/2019 Effective: 09/12/2019 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/ . <> ----------------------------