---------------------------- Utah State Digest, Vol. 2019, No. 20 (October 15, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed September 17, 2019, 12:00 AM through October 1, 2019, 11:59 PM Volume 2019, No. 20 October 15, 2019 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for November 2019 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-237-0750, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/sn161627.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Wildland Fire Management, Utah Exec. Order No. 2019-5 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2019/ExecDoc161640.htm NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between September 17, 2019, 12:00 a.m., and October 1, 2019, 11:59 p.m. are summarized in this, the October 15, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the October 15, 2019, issue of the Utah State Bulletin until at least November 14, 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 February 12, 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. AGRICULTURE AND FOOD REGULATORY SERVICES No. 44092 (New Rule): R70-440. Egg Products Inspection. SUMMARY OF THE RULE OR CHANGE: This rule establishes requirements for inspection of eggs and egg products. This rule establishes the certification for inspectors. Additionally, it establishes the requirement for labels and plant requirements for sanitation and processing. (EDITOR'S NOTE: A corresponding 120-day (emergency) Rule R70-440 that is effective as of 09/20/2019 is under Filing No. 44091 in this issue, October 15, 2019, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or benefit because the Department of Agriculture and Food (Department) has previously been involved in this program. This rule is necessary to establish the Department's authority to conduct these inspects rather than that of the U.S. Department of Agriculture. - LOCAL GOVERNMENTS: This proposed rule is not anticipated to result in any costs or savings with respect to any local governments. - SMALL BUSINESSES: There are no anticipated cost or benefit to small businesses as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not anticipated to have any fiscal impact on other persons as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule is not anticipated to have any fiscal impact on persons as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule is not anticipated to have any fiscal impact on businesses as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44092.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 44095 (Amendment): R156-9. Funeral Service Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R156-9-304 provides CE credit for licensees who teach CE courses that meet the requirements of Section R156-9-304 to receive two hours of CE credit for each hour of instruction. Section R156-9-605 makes formatting changes for clarity. Subsection R156-9-607(2) is being deleted. It eliminates the reference to type size for contract forms. Font/type size is addressed in statute and no further clarification is necessary in rule. Subsection R156-9- 607(3) is being deleted. It eliminates Division approval for a contract form. Section R156-9-610 is being deleted. It eliminates the language in a pre-need contract prohibiting a cash advance item unless it is a guaranteed product. Sections R156-9-610 through R156-9-618 are being renumbered following deletion of Section R156-9-610 as explained above. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments to Sections R156-9-304 and R156-9-605, Subsections R156-9-607(2) and (3), and Sections R156-9-610 through R156-9-618 are not expected to directly impact state government revenues or expenditures because the amendments only update the requirements for contract forms and eliminate the language in a pre-need contract prohibiting a cash advance item unless it is a guaranteed product. State government neither enforces nor is affected by this process. The amendments also make technical, nonsubstantive changes. There will be a minimal cost to the Division of approximately $75 to print and distribute this rule once the proposed amendments are made effective. Any indirect impact cannot be estimated. - LOCAL GOVERNMENTS: These proposed amendments to Sections R156-9-304 and R156-9-605, Subsections R156-9-607(2) and (3), and Sections R156-9- 610 through R156-9-618 are not expected to directly impact local governments' revenues or expenditures because the amendments only update the requirements for contract forms and eliminate the language in a pre- need contract prohibiting a cash advance item unless it is a guaranteed product. Local governments neither enforce nor are affected by this process. These amendments also make technical, nonsubstantive changes. Any indirect impact cannot be estimated. - SMALL BUSINESSES: These proposed amendments to Sections R156-9-304 and R156-9-605, Subsections R156-9-607(2) and (3), and Sections R156-9-610 through R156-9-618 are expected to have no fiscal benefit or cost impact to small businesses. Small businesses that provide the services of a funeral service director or funeral service establishment (BASICS 812210 – Funeral Homes and Funeral Services) 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 91 small business (NAICS 812210 - Funeral Homes and Funeral Services) throughout the state. Any indirect impact cannot be estimated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments to Sections R156-9-304 and R156-9- 605, Subsections R156-9-607(2) and (3), and Sections R156-9-610 through R156-9-618 are expected to have no fiscal benefit or cost impact to other persons utilizing the services of individuals who hold a license in the funeral service profession. Any indirect impact cannot be estimated. These proposed amendments to Sections R156-9-304 and R156-9-605, Subsections R156-9-607(2) and (3), and Sections R156-9-610 through R156- 9-618 are expected to have minimal fiscal benefit or cost to the individuals who hold a license. These proposed amendments allow CE credit to be given to a licensed funeral service director who also teaches an approved CE course. This may relieve the licensee from taking additional CE hours to renew his/her license. CE course providers charge an average of $20/hour to take the course, providing a benefit of $40 to a licensed individual who receives two hours of CE credit for teaching each one hour of CE. There is no way to determine if/how many hours may be taught by a licensee in any given renewal period. The remainder of the proposed amendments only make nonsubstantive technical changes that would have no fiscal impact on individuals. Any indirect impact cannot be estimated. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments to Sections R156-9-304 and R156-9-605, Subsections R156-9-607(2) and (3), and Sections R156-9-610 through R156-9-618 are expected to have no compliance costs for any affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of this filing is to provide CE credit hours for instructors of funeral CE courses that hold a funeral service director license. This filing also updates the requirements for contract forms and eliminates the language in a pre-need contract prohibiting a cash advance item unless it is a guaranteed product. Small Businesses: The proposed amendments to Sections R156-9-304 and R156-9-605, Subsections R156-9-607(2) and (3), and Sections R156-9-610 through R156-9-618 are expected to have no fiscal benefit or cost impact to small businesses. Small businesses that provide the services of a funeral service director or funeral service establishment (NAICS 812210 – Funeral Homes and Funeral Services) 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 91 small business (NAICS 812210 - Funeral Homes and Funeral Services) throughout the state. Any indirect impacts cannot be estimated. Non-Small Businesses: The proposed amendments to Sections R156-9-304 and R156-9- 605, Subsections R156-9-607(2) and (3), and Sections R156-9-610 through R156-9-618 have no fiscal impact to non-small businesses. Non-small businesses (NAICS 812210 – Funeral Homes and Funeral Services) 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 two non-small businesses (NAICS 812210 - Funeral Homes and Funeral Services) which employ more than 50 employees within the state of Utah. Any indirect impact cannot be estimated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2019 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: - 10/22/2019 01:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44095.htm No. 44108 (Amendment): R156-17b. Pharmacy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: The proposed substantive amendments in this filing are as follows: In Section R156-17b-102, adds definitions for the terms "Area of need", "Mail service retail pharmacy", "MPJE", "Remote Dispensing Pharmacist in Charge"/"RDPIC", "Remote dispensing pharmacy", "Retail Pharmacy", "Supervising pharmacy", and "Telepharmacy system". In Section R156-17b-106, clarifies the use of "shall" or "may" as used in this rule. Although these conventions are understood for Utah laws and rules, adding this special clarification to the pharmacy rule is important because there are other standards that apply in the pharmacy profession when using the terms shall and may. In Section R156-17b-203, creates an Advisory Pharmacy Compounding Education Committee (Committee). The Committee shall be composed of seven members, diversified between retail pharmacy, hospital pharmacy, and other pharmacy specialties deemed pertinent by the Division in collaboration with the Board. In Section R156-17b-302, clarifies that Class A pharmacies include retail pharmacies, mail service retail pharmacies, and remote dispensing pharmacies, and that a Class A pharmacy needs a PIC or a remote dispensing pharmacist in charge (RDPIC). In Section R156-17b-303a, clarifies that an applicant may prove current college admission by written verification from "a" dean of the college. In Section R156-17b- 303c, clarifies that a pharmacist applicant will need to take the Utah MPJE exam. In Section R156-17b-304, clarifies that a temporary pharmacist will need to submit evidence of having secured employment in Utah conditioned upon issuance of the temporary license, and that the employment is under the direct, on-site supervision of a pharmacist with an active, non-temporary Utah license that includes a controlled substance license. In Section R156-17b-305, clarifies licensure by endorsement requirements for a pharmacist. In Section R156-17b-309, updates the continuing education topics and requirements for pharmacists and pharmacy technicians, including requiring two CE hours in immunizations or vaccine-related topics for pharmacy technicians who engage in the administration of immunizations or vaccines. In Section R156-17b-402, replaces all administrative penalty subsections with a fine schedule. In Section R156-17b-502, formats certain provisions to fit with the new fine schedule, and adds to the definition of unprofessional conduct "failing to comply with the operating standards for a remote dispensing pharmacy as established in Section R156-17b-614g". In Section R156-17b-601, clarifies the scope of practice for pharmacy technicians and pharmacy technician trainees. In particular, this amendment will allow pharmacy technicians to administer vaccines and emergency medications pursuant to delegation by a pharmacist under the Vaccine Administration Protocol: Standing Order to Administer Immunizations and Emergency Medications adopted March 26, 2019, if the pharmacy technician completes certain required initial training and CE, and is under direct, on-site supervision by the delegating pharmacist. In Section R156-17b- 610, clarifies that patient counseling may be provided through a telepharmacy system. In Section R156-17b-612, minor wording changes were made in this section regarding prescriptions operating standards. In Section R156-17b-614a, clarifies that a remote dispensing pharmacy may dispense a prescription drug or device to a patient if a pharmacist or DMP is physically present and immediately available in the facility, or supervising through a telepharmacy system. Section R156-17b-614g is new and establishes and clarifies the qualifications and operating standards for a remote dispensing pharmacy. In Section R156-17b-615, clarifies that a Class C pharmacy may be located in the same building as a separately licensed Class A, B, D, or E third-party logistics provider. Section R156-17b-617g in new and establishes operating standards for a third party logistics provider. In Section R156-17b-621, allows pharmacy interns and pharmacy technicians to administer immunizations and emergency medications pursuant to delegation by a pharmacist under the March 26, 2019, Vaccine Administration Protocol, and establishes and clarifies the required training for pharmacists, pharmacy interns, and pharmacy technicians who will be engaging in the administration of a prescription drug or device, or engaging in the administration of vaccines. In Section R156-17b-623, clarifies the drugs that may be dispensed by a dispensing medical practitioner in accordance with Subsection 58-17b-802(1) and Section 58-17b-803. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Committee created in the new proposed Section R156-17b-203 will be required to meet at least once per calendar quarter, and as directed by the Board and Division. Pursuant to Section R156-1- 205, the seven Committee members will serve on a volunteer basis and are not entitled to receive per diem, travel expenses, or other compensation from the state, but the Division is required to provide a Division employee to act as Committee secretary. With an estimated five 1-1/2 hour meetings per year, attended by one bureau manager at $45 per hour and one Committee secretary at $20 per hour, and anticipated additional work time of two hours per meeting for the Committee secretary at $20 per hour, the Division estimates that it will experience a fiscal cost from this proposed amendment of approximately $688 per fiscal year ongoing. The amendments to Sections R156-17b-601 and R156-17b-621 are based on the Utah Pharmacy Practice Act as amended by S.B. 170 (2019), which provides for the scope of practice for a Pharmacy Technician to be established by rule. The amendments expand the scope of practice in that they allow pharmacy interns and pharmacy technicians to engage in the administration of vaccines and emergency medications. The Division estimates that this may result in a potential increase of one additional complaint of unprofessional conduct each year, requiring one investigation consisting of approximately 20 hours. This may result in a cost to Division investigations of approximately $500 per fiscal year ongoing. The remaining amendments are not expected to have any fiscal impact to state practices and procedures beyond that anticipated by the fiscal note for S.B. 170 (2019), available at: https://le.utah.gov/~2019/bills/static/SB0170.html. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any state agencies that may be acting as employers to experience any measurable fiscal impacts. The proposed amendments relating to the practice of telepharmacy and remote dispensing pharmacies may result in fiscal and non-fiscal benefits to any state agencies that may use such services or act as businesses in this industry, but as described below in the analysis for small businesses and non-small businesses, an exact estimate of these benefits is not possible because the relevant data is unavailable. The proposed amendments to Section R156-17b-617g providing operating standards for third party logistics providers define practices currently in place by the Drug Supply Chain Security Act (2019). The Division estimates that this may result in a potential increase of one additional complaint of unprofessional conduct each year requiring one investigation consisting of approximately 20 hours. This may result in a cost to the Division investigations of approximately $500 per fiscal year ongoing. None of the other proposed rules or amendments are expected to impact state government revenues or expenditures. They will not change existing state practices or procedures and merely update the rule to establish definitions, clarify standards, encompass current requirements and practices in the profession, and make formatting changes for clarity. No other measurable impact on state government revenues or expenditures is expected beyond a minimal cost to the Division of approximately $75 to disseminate the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: The amendments to Sections R156-17b-601 and R156- 17b-621 that will allow pharmacy interns and pharmacy technicians to engage in the administration of vaccines and emergency medications are not expected to have any fiscal impact to local governments beyond that anticipated by the fiscal note for S.B. 170 (2019), and as described below in the analysis for small businesses and non-small businesses, the Division does not expect any local governments that may be acting as employers to experience any measurable fiscal impacts. The proposed amendments relating to the practice of telepharmacy and remote dispensing pharmacies may result in fiscal and non-fiscal benefits to local governments that may use such services or act as businesses in this industry, but as described below in the analysis for small businesses and non-small businesses, an exact estimate of these benefits is not possible because the relevant data is unavailable. None of the other proposed rules or amendments are expected to impact local governments' revenues or expenditures because they only update the rule to establish definitions, clarify standards, encompass current requirements and practices in the profession, and make formatting changes for clarity. - SMALL BUSINESSES: The amendments to Sections R156-17b-601 and R156- 17b-621 allowing pharmacy interns and pharmacy technicians to engage in the administration of vaccines and emergency medications are expected to create a fiscal benefit for the approximately 508 Class A retail pharmacies, 284 Class B pharmacies, and 1,188 Class C pharmacies licensed in Utah that are small businesses (NAICS 446110). The amended rule will allow these non-small businesses to offer more services and thereby increase their revenue. The precise fiscal benefit is inestimable because the data necessary to determine how many small business pharmacies will elect to hire pharmacy interns and pharmacy technicians to provide vaccination services is not available, and because any increase in revenue will vary depending on the characteristics of each small business and on the licensees that the business chooses to employ. The proposed amendments relating to the practice of telepharmacy and remote dispensing pharmacies may impact the approximately 508 Class A retail pharmacies and 284 Class B pharmacies licensed in Utah that are small businesses (NAICS 446110). These amendments are expected to decrease operating costs and increase revenues for Class A pharmacies or Class B pharmacies that choose to serve as supervising pharmacies or are designated as remote dispensing pharmacies, because these pharmacies will be able to provide services to customers at the remote dispensing pharmacy's location in the area of need, and the remote dispensing pharmacist in charge and supervising pharmacist will not need to be on site at the location. An exact estimate of these benefits is not possible because the resulting benefits will vary widely depending on the characteristics of each supervising pharmacy and each remote dispensing pharmacy, on the number of licensees that these small businesses will employ, and on the approved location for each remote dispensing pharmacy. Additionally, the data necessary to determine how many remote dispensing pharmacies will be designated by the Division and where those remote dispensing pharmacies might be located is unavailable. Corresponding amendments that define as unprofessional conduct the failure to comply with remote dispensing pharmacy operating standards are not expected to impose any measurable costs for these small businesses. The goal of these provisions is to provide a deterrent such that there is $0 net impact on all parties involved, and the practices of most businesses are expected to be consistent with practice guidelines. Therefore, any impact from non-compliance will never be uniformly felt across the industry and most small businesses will never be impacted. Further, although a small business disciplined for unprofessional conduct may face financial costs, it is impossible to estimate what those might be both because any such violations are unforeseeable, and because any costs will vary depending on the unique characteristics of the business and the circumstances of the violation. This relevant data is unavailable. None of the remaining proposed changes are expected to impact small businesses' revenues or expenditures because the changes will not alter the price or quantity of any exchanges between any parties, or merely update the rule to establish definitions, clarify standards, encompass current requirements and practices in the profession, and make formatting changes for clarity. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: First, the proposed amendments that provide operating standards for licensed pharmacists, pharmacy interns, and pharmacy technicians working in a supervising pharmacy or in a remote dispensing pharmacy may affect any of the 4,093 licensed pharmacists, 783 licensed pharmacy interns, and 6,274 licensed pharmacy technicians in Utah. These persons may receive an indirect benefit from potentially increased employment, but this benefit is inestimable because of the unavailability of data. The amendments are also not expected to have any measurable fiscal costs to these persons because they are based on extensive collaboration with the Board, so as to incorporate generally accepted professional standards common in the industry. Second, the proposed amendments allowing pharmacy interns and pharmacy technicians to engage in the administration of vaccines or emergency medications will potentially affect any of the 783 licensed pharmacy interns and 6,274 licensed pharmacy technicians in Utah who choose to provide those services, and these persons may also receive an indirect benefit from potentially increased employment. However, this benefit is inestimable because of the unavailability of data and high cost of conducting research to determine the estimates. Third, the newly added administrative penalty for failure to comply with remote dispensing pharmacy standards is not expected to create a measurable fiscal impact for any licensees because the goal of this rule is to provide a deterrent such that there is a $0 net impact, so for the typical licensee this fine will have no impact. Inestimable fiscal impacts include any money a person who is adjudicated as having violated the rule might have to pay in the form of an administrative penalty. This amount is inestimable because it applies only in cases of unforeseeable violations and because any penalty will vary depending on the circumstances of the violation. Finally, pharmacy customers are expected to receive an indirect fiscal benefit from these amendments, resulting from their potentially increased access to pharmacy services and to vaccinations. Customers residing in rural areas and other areas of need within Utah are especially likely to experience a fiscal benefit. However, the precise benefit to these other persons cannot be estimated because of the unavailability of data and the high cost of conducting research to determine the estimates. In sum, although a fiscal benefit to other persons is expected from these amendments from a potential increase in revenue or decrease in costs, the exact impact to other persons is inestimable as it will vary substantially depending on individual characteristics and choices, and the relevant data is unavailable. None of the remaining proposed amendments are expected to impact other persons because they will not alter the price or quantity of any exchanges between any parties, or they merely update the rule to establish definitions, clarify standards, encompass current requirements and practices in the profession, and make formatting changes for clarity. COMPLIANCE COSTS FOR AFFECTED PERSONS: None of these proposed amendments are expected to impose any compliance costs for any affected persons because the changes will largely save time and money for all parties, and are expected to result in positive fiscal impact or no measurable fiscal impact. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In accordance with S.B. 170 (2019), this rule filing establishes the scope of practice for pharmacy technicians, and expands their scope to include administering immunizations and emergency medications pursuant to delegation by a pharmacist. Also, in accordance with S.B. 170 (2019), this filing clarifies the requirements and operating standards for the practice of telepharmacy through a remote dispensing pharmacy. This filing also proposes amendments recommended by the Division in collaboration with the Board, including creation of a Committee and clarification of various requirements, including operating standards for a third party logistics provider, required licensee training and education, and required continuing education topics. Various updates and nonsubstantive formatting changes are also made throughout this rule. Small Businesses (less than 50 employees): The amendments to Sections R156-17b-601 and R156-17b-621, allowing pharmacy interns and pharmacy technicians to engage in the administration of vaccines and emergency medications are expected to create a fiscal benefit for the approximately 508 Class A retail pharmacies, 284 Class B pharmacies, and 1,188 Class C pharmacies licensed in Utah that are small businesses (NAICS 446110). The precise fiscal benefit is inestimable because the data necessary to determine how many small business pharmacies will elect to hire pharmacy interns and pharmacy technicians to provide vaccination services is not available, and because any increase in revenue will vary depending on the characteristics of each small business and on the licensees that the business chooses to employ. The proposed amendments relating to the practice of telepharmacy and remote dispensing pharmacies may impact the approximately 508 Class A retail pharmacies and 284 Class B pharmacies licensed in Utah that are small businesses (NAICS 446110). These amendments are expected to decrease operating costs and increase revenues for Class A pharmacies or Class B pharmacies that choose to serve as supervising pharmacies or are designated as remote dispensing pharmacies. An exact estimate of these benefits is not possible because the resulting benefits will vary widely depending on the characteristics of each supervising pharmacy and each remote dispensing pharmacy, on the number of licensees that these small businesses will employ, and on the approved location for each remote dispensing pharmacy. Additionally, the data necessary to determine how many remote dispensing pharmacies will be designated by the Division and where those remote dispensing pharmacies might be located is unavailable. Amendments that define as unprofessional conduct the failure to comply with remote dispensing pharmacy operating standards are not expected to impose any measurable costs for these small businesses. The goal of these provisions is to provide a deterrent such that there is zero dollar net impact on all parties involved, and the practices of most businesses are expected to be consistent with practice guidelines. Therefore, any impact from non-compliance will never be uniformly felt across the industry and most small businesses will never be impacted. None of the remaining proposed changes are expected to impact small businesses' revenues or expenditures because the changes will not alter the price or quantity of any exchanges between any parties, or the changes merely update the rule to establish definitions, clarify standards, encompass current requirements and practices in the profession, and make formatting changes for clarity. Non-Small Businesses (50 or more employees): The fiscal impact for the approximately 512 Class A retail pharmacies, 286 Class B pharmacies, and 1,188 Class C pharmacies licensed in Utah that are non-small businesses (NAICS 446110) are the same as described above for small businesses. They are either inestimable, for the reasons stated, or there is no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Zaelit by phone at 801-530-7632, or by Internet E-mail at jzaelit@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/22/2019 01:30 PM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44108.htm HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 44114 (Amendment): R384-415. Electronic-Cigarette Substance Standards. SUMMARY OF THE RULE OR CHANGE: In Section R384-415-7, the change modifies the date language and adds language that will better align with the FDA's electronic cigarette pre-market product process which has changed multiple times and is not a set date and eliminating the 08/08/2019 date from this administrative rule. In Section R384-415-8, the change modifies the date language for consistency in Subsection R384- 415-8(1)(c) and instead adds language that will better align with the FDA's electronic cigarette pre-market product process which has changed multiple times and is not a set date and eliminating the 08/08/2019 date from this administrative rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule changes are not expected to have any fiscal impact on the state budget because these changes do not affect the implementation of this rule; they simply clarify the process. - LOCAL GOVERNMENTS: These proposed rule changes are not expected to have any fiscal impact on local governments because these changes do not affect the implementation of this rule; they simply clarify the process. - SMALL BUSINESSES: These proposed rule changes are not expected to have any fiscal impact on small businesses because these changes do not affect the implementation of this rule; they simply clarify the process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not expected to have any fiscal impact on other persons because these changes do not affect the implementation of this rule; they simply clarify the process. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no potential costs for updating this rule because these changes do not affect the implementation of this rule; they simply clarify the process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses because these rule changes do not change requirements for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Heather Borski by phone at 801-538-9998, by FAX at 801-538-9495, or by Internet E-mail at hborski@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/07/2019 01:00 PM, UDOH Cannon Building, 288 N 1460 W, Room 125, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44114.htm DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 44112 (Amendment): R386-80. Local Public Health Emergency Funding Protocols. SUMMARY OF THE RULE OR CHANGE: This rule establishes a local health emergency assistance program to be administered by the Utah Department of Health. The purpose of this amendment is to update language to match statutory changes. The report requirement referenced in Section R386-80- 4 was repealed in S.B. 207 (2013). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not have any cost or savings to the state budget, because these amendments only remove reference to a legislative report that hasn't been required since 2012. - LOCAL GOVERNMENTS: These rule changes will not have any cost or savings to local governments, because these amendments only remove reference to a legislative report that hasn't been required since 2012. - SMALL BUSINESSES: These rule changes will not have any cost or savings to small businesses, because this rule only applies to state and local governments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change will not have any cost or savings to persons other than small businesses, businesses, or local government entities, because this rule only applies to state and local governments. 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 is no fiscal impact on businesses because this rule only applies to state and local governments. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Heather Borski by phone at 801-538-9998, by FAX at 801-538-9495, or by Internet E-mail at hborski@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44112.htm DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 44099 (New Rule): R392-702. Cosmetology Facility Sanitation. SUMMARY OF THE RULE OR CHANGE: This new rule establishes minimum standards for the sanitation, operation, and maintenance of a cosmetology facility, as defined by this rule, and provides for the prevention and control of health hazards associated with a cosmetology facility that are likely to affect public health including risk factors contributing to injury, sickness, death, and disability. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enacting Rule R392-702 will not result in a cost or benefit to the state budget because this proposed rule does not require a change to state operations or programs, and it does not include requirements for the payment of fines or fees. - LOCAL GOVERNMENTS: Enacting Rule R392-702 will not result in a direct cost or benefit to local governments because no construction, equipment, or operational changes are required by this rule. This proposed rule does not include requirements for permit or inspection fees. - SMALL BUSINESSES: 1,048 small businesses in Utah provide cosmetology services (NAICS codes 812111, 812112, 812113, 812199, and 611511). Enacting Rule R392-702 will not result in a direct cost or benefit to small businesses because this rule requires no construction, equipment or operational changes. This rule does not require a construction change in any portion of the cosmetology facility. The sanitation, operation, maintenance, and infection control standards established by this rule are consistent with industry standard practices, processes, and procedures as currently instructed in barbering, cosmetology, esthetics, and nail technology schools throughout Utah. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enacting Rule R392-702 will not result in a direct cost or benefit to any one specific person. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons are as follows: State: Utah Department of Health and Utah Department of Human Services. This proposed rule is not expected to have a cost or benefit to state government revenues or expenditures because it does not require additional programs or work than is currently being expended. Local Government: 13 local health departments. This proposed rule is not expected to have a cost or benefit to local health departments' revenues or expenditures because it does not require additional permits, inspection programs, or work than is currently being expended. Small businesses: Places such as barber schools, barber and beauty colleges, barber shops, cosmetology schools, cosmetology salons or shops, hair salons, beauty shops, beauty salons, beauty parlors, manicure and pedicure salons, cosmetology schools, electrolysis (i.e., hair removal) salons, and esthetician (i.e., skin care) services. These requirements reflect current practices. This proposed rule is not expected to have a cost or benefit to small businesses' revenues or expenditures because it does not require additional programs or work than is currently being expended. The sanitation, operation, maintenance, and infection control standards established by this rule are consistent with industry standard practices, processes, and procedures as currently instructed in barbering, cosmetology, esthetics, and nail technology schools throughout Utah. Other Persons: No specific person will be affected by this rule. This proposed rule is not expected to have a cost or benefit to a specific person’s revenues or expenditures because it does not affect any specific person and it does not require additional programs or work than is currently being expended. The sanitation, operation, maintenance, and infection control standards established by this rule are consistent with industry standard practices, processes, and procedures as currently instructed in barbering, cosmetology, esthetics, and nail technology schools throughout Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses because this rule does not require changes to construction, equipment, or operation that are not already consistent with industry standard practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44099.htm DISEASE CONTROL AND PREVENTION, IMMUNIZATION No. 44105 (Amendment): 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; this amended rule now references sections within Title 53G, Chapter 9, Part 3. 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 update language to comply with statutory requirements within Title 53G, Chapter 9, Part 3, and no additional work, or process changes, are anticipated as a result of these amendments. The Department already provides copies, including electronic copies, of exemption forms to schools, as described in these amendments. - LOCAL GOVERNMENTS: Enacting these proposed changes will not result in a cost, or benefit, to local governments because these rule changes match 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rich Lakin by phone at 801-538-3905, or by Internet E-mail at rlakin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44105.htm FAMILY HEALTH AND PREPAREDNESS, MATERNAL AND CHILD HEALTH No. 44088 (New Rule): R433-2. Early Childhood Services Early Childhood Utah Advisory Council Membership, Duties and Procedures. SUMMARY OF THE RULE OR CHANGE: This rule delineates the required membership, duties, and procedures for the ECU Advisory Council. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed rule will result in an estimated fiscal cost for the staff time to complete the following duties: plan, promote, and facilitate quarterly ECU Advisory and Executive Meetings; take and distribute meeting minutes; support five workgroups monthly meetings; follow up with partners to ensure required work is completed; develop yearly report for the Governor's commission; and staff time/benefits are estimated at 20 hours/week at $50 per hour = $52,000. Additionally, the ECU Council is made up of 26 voluntary members from various sectors of the community. 19 members are state employees, 8 are Utah Department of Health (UDOH) members, and 11 are other state employees. UDOH Members: 4 ECU Advisory Meetings at 5 hours (including drive time) = 20 hours x 8 members = 160 hours x $50 per hour (pay/benefits) = $19,000; 6 ECU Executive Meetings at 2 hours (including drive time) = 12 hours x 2 members = 24 hours x $50 per hour (pay/benefits) = $1,200; 12 workgroup meetings at 3 hours (including drive time) = 36 hours x 8 members/workgroup = 288 hours x $50 per hour (pay/benefits) = $14,400. 8 members X 3 hours = 24 hours/month x 12 = 288 hours/year x $50 per hour (pay/benefits) = $14,400 for outside work completed. Estimated total UDOH member per year $49,000. Other state Members: 4 ECU Advisory Meetings at 5 hours (including drive time) = 20 hours x 11 members = 220 hours x $50 per hour (pay/benefits) = $11,000. 6 ECU Executive Meetings at 2 hours (including drive time) = 12 hours x 4 members = 48 hours x $50 per hour (pay/benefits) = $2,400. 12 Workgroup meetings at 3 hours (including drive time) = 36 hours x 11 members/workgroup = 396 hours x $50 per hour (pay/benefits) = $19,800. 11 members X 3 hours = 33 hours/month x 12 = 396 hours/year x $50 per hour (pay/benefits) = $19,800 for outside work completed. Estimated total state member per year $53,000. - LOCAL GOVERNMENTS: This proposed rule is not expected to have any fiscal impact on local governments' revenues or expenditures. - SMALL BUSINESSES: The ECU Council has seven required members from small businesses. At this point it is a required voluntary position. A breakdown of actual cost is below. 4 ECU Advisory Meetings at 5 hours (including drive time) = 20 hours x 7 members = 140 hours x $50 per hour (pay/benefits) = $7,000. 6 ECU Executive Meetings at 2 hours (including drive time) = 12 hours x 3 members = 36 hours x $50 per hour (pay/benefits) = $1,800. 1 workgroup x 12 meetings = 12 Workgroup meetings at 3 hours (including drive time) = 36 hours x 7 members/workgroup = 252 hours x $50 per hour (pay/benefits) = $12,600. 7 members X 3 hours = 21 hours/month x 12 = 252 hours/year x $50 per hour (pay/benefits) = $12,600 for outside work completed. Estimated total small business member per year = $34,000. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not anticipated to be any fiscal impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that there is minimal fiscal impact on a businesses for the cost of its employee who is a voluntary member of the ECU Council. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nicole Bissonette by phone at 801-273-2859, or by Internet E-mail at nicolebissonette@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44088.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 44100 (Amendment): R512-40. Recruitment, Home Studies, and Approval of Adoptive Families for Children in the Custody of Child and Family Services. SUMMARY OF THE RULE OR CHANGE: The proposed changes to this rule bring the rule in-line with statutory changes from S.B. 128 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed changes to this rule are not expected to have any fiscal impact on state government revenues or expenditures as the revised language brings the rule current to language in S.B. 128 (2019). - LOCAL GOVERNMENTS: There is little or no impact to local governments due to these rule changes. These revisions bring the rule in-line with S.B. 128 (2019). - SMALL BUSINESSES: There is little or no impact to small businesses due to this rule modification. These revisions bring the rule in-line with S.B. 128 (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 S.B. 128 (2019). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing this rule 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 small or non-small businesses because this rule implements a procedure for home studies to be conducted by the Division of Child and Family Services 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 11/14/2019 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44100.htm No. 44101 (Amendment): R512-41. Qualifying Adoptive Families and Adoption Placement. SUMMARY OF THE RULE OR CHANGE: The proposed changes to this rule bring the rule in-line with statutory changes from S.B. 128 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed changes to this rule are not expected to have any fiscal impact on state government revenues or expenditures as the revised language brings the rule current to language in S.B. 128 (2019). - LOCAL GOVERNMENTS: There is little or no impact to local governments due to these rule changes. These revisions bring the rule in-line with S.B. 128 (2019). - SMALL BUSINESSES: There is little or no impact to small businesses due to this rule modification. These revisions bring the rule in-line with S.B. 128 (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 S.B. 128 (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 small or non-small businesses because this rule implements a procedure for home studies to be conducted by the Division of Child and Family Services 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 11/14/2019 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44101.htm No. 44102 (Amendment): R512-42. Adoption by Relatives. SUMMARY OF THE RULE OR CHANGE: The proposed changes to this rule bring the rule in-line with statutory changes from S.B. 128 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed changes to this rule are not expected to have any fiscal impact on state government revenues or expenditures as the revised language brings the rule current to language in S.B. 128 (2019). - LOCAL GOVERNMENTS: There is little or no impact to local governments due to these rule changes. These revisions bring the rule in-line with S.B. 128 (2019). - SMALL BUSINESSES: There is little or no impact to small businesses due to this rule modification. These revisions bring the rule in-line with S.B. 128 (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 S.B. 128 (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 small or non-small businesses because this rule specifies requirements for relatives to adopt a child in the custody of the Division of Child and Family Services, which 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 11/14/2019 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44102.htm LABOR COMMISSION OCCUPATIONAL SAFETY AND HEALTH No. 44107 (Repeal and Reenact): R614-1. General Provisions. SUMMARY OF THE RULE OR CHANGE: First change is in 29 CFR 1910.1024 and 29 CFR 1926.1124 where there are new beryllium standards. These standards will have new permissible exposure limits of 0.2 micrograms of beryllium per cubic meter of air (0.2 micrograms/m3) as an 8-hour time- weighted average and 2.0 micrograms/m3 as a short-term exposure limit determined over a sampling period of 15 minutes. They also include other provisions to protect employees, such as requirements for exposure assessment, methods for controlling exposure, respiratory protection, personal protective clothing and equipment, housekeeping, medical surveillance, hazard communication, and record keeping. Second change is defining disabling, serious, or significant injury. Third change is deleting duplicate definitions (found in incorporated standards or Utah Occupational Safety and Health (OSH) Act). Fourth change is deleting language referring to workers' compensation coverage and benefits. Fifth change is deleting language either duplicated in Rule R614-1 or incorporated by Section R614-1-4. Sixth change is moving language into appropriate sections of Rule R614-1. Seventh change is removing language containing recommendations, "should" and other nonsubstantial verbiage. Eighth change is removing language related to intoxicated persons and intoxicating liquor. Ninth change is changing and making consistent names, titles, and acronyms. Tenth change is replacing reference from Standard Industrial Classification to North American Industry Classification. Eleventh change is separating and clarifying temporary variance requirements from permanent variance requirements. Twelfth change is removing interpretations of the provisions of Section 34A-6-203 of the Utah OSH Act. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Incorporation of 29 CFR 1910.1024 and 29 CFR 1926.1124: the fiscal impact on state government is inestimable due to the inability to determine how many employees in this sector will be covered under the beryllium standard. The North American Industry Classification System (NAICS) was used to determine employers that would be affected; the NAICS used by state government does not show work conducted by state government employees. Changes to Rule R614-1, with the exception of incorporation of 29 CFR 1910.1024 and 29 CFR 1926.1124: there will be no fiscal impact. - LOCAL GOVERNMENTS: Incorporation of 29 CFR 1910.1024 and 29 CFR 1926.1124: the fiscal impact on local governments is inestimable due to the inability to determine how many employees in this sector will be covered under the beryllium standard. The North American Industry Classification System was used to determine employers that would be affected; the NAICS used by local governments does not show work conducted by state government employees. Changes to Rule R614-1, with the exception of incorporation of 29 CFR 1910.1024 and 29 CFR 1926.1124: there will be no fiscal impact. - SMALL BUSINESSES: Incorporation of 29 CFR 1910.1024 and 29 CFR 1926.1124: anticipated fiscal cost = $358,561, anticipated fiscal benefit = $5,659,980, and net fiscal benefit = $5,301,419. Changes to Rule R614-1, with the exception of incorporation of 29 CFR 1910.1024 and 29 CFR 1926.1124: there will be no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Covered under other categories. COMPLIANCE COSTS FOR AFFECTED PERSONS: Incorporation of 29 CFR 1910.1024 and 29 CFR 1926.1124: the annualized cost for affected non-small and small establishments will be approximately $12,726 and $4,845, respectively. The cost may be higher or lower based on activities conducted by establishments within the affected NAICS. Initial cost for affected persons may be higher due to the implementation of engineering controls and required programs in order to comply with the beryllium standard. Changes to Rule R614-1, with the exception of incorporation of 29 CFR 1910.1024 and 29 CFR 1926.1124: there will be no fiscal impact. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have a fiscal impact on businesses, however, to remain at least as effective as Federal OSHA and be able to retain Utah's State-Plan status, and to keep the employees of the state safe, these changes to this rule must be adopted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Holly Lawrence by phone at 801-530-6494, by FAX at 801-530-7606, or by Internet E-mail at hlawrence@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44107.htm NATURAL RESOURCES OIL, GAS AND MINING; OIL AND GAS No. 44110 (Amendment): R649-1-1. Definitions. SUMMARY OF THE RULE OR CHANGE: Rule R649-1 establishes definitions for terms within the Title R649-1 Oil and Gas Program rules. These changes amend the definition for "authority for expenditure," "dry hole," "joint operating agreement," and "notice of opportunity to participate." 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 these rule changes add definitions to help clarify other rules. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures because these rule changes add definitions to help clarify other rules. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because these rule changes add definitions to help clarify other rules. - 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 because these rule changes add definitions to help clarify other rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be added compliance costs for companies who are oil and gas operators. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes 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 12/11/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Natasha Ballif by phone at 801-538-5336, or by Internet E-mail at natashaballif@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/23/2019 10:00 AM, Price Field Office, 345 N. Carbonville Road, Price, UT - 12/11/2019 10:00 AM, Utah DNR, 1594 W. North Temple, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/18/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44110.htm No. 44111 (Amendment): R649-2. General Rules. SUMMARY OF THE RULE OR CHANGE: Rule R649-2 establishes requirements for the permitting, reporting, and inspecting of oil and gas drilling operations in Utah. These rule changes include consent to participate in a well, revision of existing force pooling hearing, notice to unlocatable and unidentified owners, imposition of statutory risk compensation award, and application of a compulsory pooling order to subsequently drilled wells in a drilling unit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Oil and Gas Program, as well as the Board of Oil, Gas and Mining (Board), is expected to encounter a small on-going savings in staff time through a reduction in compulsory pooling hearings heard by the Board. A total savings cannot be estimated as there is no way of knowing the number of hearings being reduced by these rule amendments. - LOCAL GOVERNMENTS: No costs or savings are anticipated for local governments, since this rules impacts oil and gas companies, the Division of Oil, Gas and Mining (Division) and the Board. - SMALL BUSINESSES: It is anticipated that small businesses who operate oil and gas operations will see a benefit as there is an anticipated increase in horizontal drilling and compulsory pooling in the coming years, and these rule changes will decrease the number of hearings. A total savings cannot be estimated as there is no way of knowing which companies would have filed a hearing with the Board and the other costs associated with Board hearings (attorney fees, travel, etc.). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities would not be impacted by these rule changes since they pertain to companies who conduct oil and gas operations in Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be added compliance costs for companies who are oil and gas operators. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses will not encounter a negative fiscal impact from these rule amendments. Oil and gas operators should have a cost savings in pooling hearings as these rule amendments clarify the compulsory pooling process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/11/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Natasha Ballif by phone at 801-538-5336, or by Internet E-mail at natashaballif@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/23/2019 10:00 AM, Price Field Office, 345 N. Carbonville Road, Price, UT - 12/11/2019 10:00 AM, Utah DNR, 1594 W. North Temple, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/18/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44111.htm REGENTS (BOARD OF) ADMINISTRATION No. 44093 (New Rule): R765-570. Higher Education Disclosures. SUMMARY OF THE RULE OR CHANGE: This rule directs institutions to post an online link to the required career data, which the Board will provide using UtahFutures.org as the universal data source. The Board will review the data every 24 months to ensure accuracy and usefulness. Institutions may also establish additional program information as they deem appropriate. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings. This is a requirement to provide student consumer information only. - LOCAL GOVERNMENTS: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to local governments. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Students will have data available that may help them make choices about majors or programs and the prospects for potential employment after graduation. There is no cost or financial benefit directly attached to this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: Schools will not incur any measurable cost to comply with the statute or this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed and approve this information. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Geoff Landward by phone at 801-321-7136, or by Internet E-mail at glandward@ushe.edu INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44093.htm No. 44094 (New Rule): R765-609C. Regents Scholarship. SUMMARY OF THE RULE OR CHANGE: This new rule establishes application procedures and award criteria for applicants. It reflects the removal of private non-profit institutions as eligible institutions, adds Utah's Technical Colleges, and removes all need-based supplemental awards, providing scholarship awards solely on merit. This rule also establishes appeals procedures. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Legislature appropriated $16,070,500 to be distributed to scholarship recipients. Recipients can use the scholarship towards the cost of tuition, fees, and books. - LOCAL GOVERNMENTS: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to local governments. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Students who receive the scholarship will receive money towards the cost of tuition, books, and fees. The award amount will depend on the other financial aid the student receives. COMPLIANCE COSTS FOR AFFECTED PERSONS: Institutions and the Board of Regents may incur costs for administering the program which may be covered from the program appropriation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed and approved this rule and its fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Geoff Landward by phone at 801-321-7136, or by Internet E-mail at glandward@ushe.edu INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44094.htm TAX COMMISSION PROPERTY TAX No. 44106 (Amendment): R884-24P-53. 2019 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-2-515. SUMMARY OF THE RULE OR CHANGE: Section 59-2-515 authorizes the State Tax Commission to promulgate rules regarding the Property Tax Act, Part 5, Farmland Assessment Act. Section 59-2-514 authorizes the State Tax Commission to receive valuation recommendations from the State Farmland Advisory Committee for implementation as outlined in Section R884-24P-53. This section sets the acreage value rates for 418 separate class-county combinations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amount of savings or cost to state government is undetermined. The state receives tax revenue for assessing and collecting, and for the Education Fund based on increased or decreased real and personal property valuation, including property assessed under the Farmland Assessment Act (FAA). Property valuation (taxable value) changes have been recommended by class and by county. This year it is proposed that 18 rates increase slightly, 261 rates decrease, and 139 have no change. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. However, it is estimated that the overall change is minimal due to this amendment. - LOCAL GOVERNMENTS: The amount of saving or cost to local governments is undetermined. Local governmental entities receive tax revenue based on increased or decreased property valuation, including property assessed under FAA. Property valuation changes have been recommended by class and by county. This year it is proposed that 18 rates increase slightly, 261 rates decrease, and 139 have no change. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. However, it is estimated that the overall change is minimal due to this amendment. County assessors' offices statewide will be required to input the new value indicators into their computer systems to be applied against the acreage for individual properties. This input process is easily accomplished on an annual basis and represents no significant cost in time or money to the assessors' offices. - SMALL BUSINESSES: Each property owner with property eligible for assessment under FAA may see a change in value, depending on property class and situs county. The effect on the property owner will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to this amendment is minimal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Each property owner with property eligible for assessment under FAA may see a change in value, depending on property class and situs county. The effect on the property owner will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class, and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to this amendment is minimal. COMPLIANCE COSTS FOR AFFECTED PERSONS: Each property owner with property eligible for assessment under FAA may see a change in value, depending on property class and situs county. The effect on the property owner will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class, and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to this amendment is minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses with property eligible for assessment under the FAA may see a change in value, depending on property class and situs county. The effect on a business will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class, and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to this amendment will be minimal. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44106.htm TRANSPORTATION COMMISSION ADMINISTRATION No. 44104 (Repeal and Reenact): R940-6. Prioritization of New Transportation Capacity Projects. SUMMARY OF THE RULE OR CHANGE: Section 72-1-304 as amended by S.B. 72 (2019) mandates that the Commission maintain an administrative rule that develops a written prioritization process that prioritizes: a) new transportation capacity projects, b) paved pedestrian or paved nonmotorized transportation projects that mitigate traffic congestion on the state highway system and are part of an active transportation plan approved by the department, c) public transit projects that add capacity to the public transit systems within the state, and d) pedestrian or nonmotorized transportation projects that provide connection to a public transit system. This replacement to Rule R940-6 satisfies this mandate. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed replacement rule may lead to a fiscal impact on the state's budget. The fiscal impact may be positive or negative. The Commission will not be able to determine with certainty what the fiscal impact will be until it has been following the new procedures for several years. - LOCAL GOVERNMENTS: This proposed replacement of Rule R940-6 is not likely to lead to fiscal impact to the budgets of local governments. It provides a process through which local governments and districts may nominate a project for prioritization in accordance with the process set forth in the rule. This nomination process may should lead to efficient and effective transportation and transit systems that benefit commerce and the general populations of local governments and districts. However, such impacts will be extremely difficult to calculate and will only be realized over time. - SMALL BUSINESSES: This proposed replacement of Rule R940-6 may lead to a fiscal impact on businesses and individuals in Utah, which may be a net savings. This replacement rule has the Commission prioritize transit and transit related projects in addition to road transportation projects. The prioritization process is to be conducted in a public forum where businesses and individuals are able to provide input about the road and transit projects being prioritized. This public process should lead to efficient and effective transportation and transit systems that benefit commerce and the general population of the state. However, such impacts will be extremely difficult to calculate and will only be realized over time. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed replacement of Rule R940-6 may lead to a fiscal impact on persons other than small businesses, businesses, or local government entities in Utah, which impact may be a net savings. This replacement rule has the Commission prioritize transit and transit related projects in addition to road transportation projects. The prioritization process is to be conducted in a public forum where businesses and individuals are able to provide input about the road and transit projects being prioritized. This public process should lead to efficient and effective transportation and transit systems that benefit commerce and the general population of the state. However, such impacts will be extremely difficult to calculate and will only be realized over time. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should not be any compliance costs for affected persons. This proposed replacement rule does not require anything from any private person or entity. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed replacement rule will not have an immediately measurable 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 11/14/2019 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 - 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44104.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. AGRICULTURE AND FOOD REGULATORY SERVICES No. 44091 (Emergency Rule): R70-440. Egg Products Inspection. SUMMARY OF THE RULE OR CHANGE: This rule establishes requirements for inspection of eggs and egg products. This rule establishes the certification for inspectors. Additionally, this rule establishes the requirement for labels and plant requirements for sanitation and processing. (EDITOR'S NOTE: A corresponding proposed new Rule R70-440 is under Filing No. 44092 in this issue, October 15, 2019, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare. JUSTIFICATION: This rule is necessary to protect the public. This rule establishes the procedures for whole eggs and egg products on how they should be handled and processed without which there is a higher risk of food borne illness outbreaks. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or benefit because the Department of Agriculture and Food (Department) has previously been involved in this program. This rule is necessary to establish the Department's authority to conduct these inspections rather than that of the the U.S. Department of Agriculture. - LOCAL GOVERNMENTS: This rule is not anticipated to result in any costs or savings with respect to any local governments. - SMALL BUSINESSES: There are no anticipated cost or benefit to small businesses as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not anticipated to have any fiscal impact on other persons as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule is not anticipated to have any fiscal impact on persons as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule is not anticipated to have any fiscal impact on businesses as the Department is adopting a preexisting rule that had to be followed on a federal level, and this rule would allow for the Department to conduct those inspections. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 09/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44091.htm HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 44113 (Emergency Rule): R384-418. Electronic-Cigarette Mandatory Warning Signage and Sale Restrictions. SUMMARY OF THE RULE OR CHANGE: The emergency rule continues to allow Utah tobacco retailers to sell electronic-cigarette products and electronic-cigarette substances. However, as a condition to selling any electronic-cigarette products, this rule requires all tobacco retailers to display mandatory warning signs that warn consumers not to vape unregulated tetrahydrocannabinol (THC) obtained from the black market. This mandatory warning signage is effective direct prevention communication to tobacco consumers. Utah tobacco consumers cannot legally purchase electronic-cigarette products online and so they must purchase these products at physical tobacco retailers. Only tobacco retailers displaying the mandatory warning signs will be allowed to sell electronic-cigarette products and electronic-cigarette substances in Utah. In addition, this emergency rule restricts the sale of all flavored electronic-cigarette substances (both manufacturer sealed and non-manufacturer sealed electronic-cigarette substances) to existing age- restricted retail tobacco specialty businesses, which are tobacco retailers that must abide by stricter state regulations, including zoning proximity requirements. General tobacco retailers do not rely on electronic-cigarette products to maintain their business operations, and therefore, are not required to abide by these stricter standards. General tobacco retailers will be allowed to continue to sell non- flavored electronic-cigarette substances (both manufacturer sealed and non-manufacturer sealed electronic-cigarette substances). The sale of THC electronic-cigarette products and THC electronic-cigarette substances is illegal in the state of Utah unless the sale is made in compliance with Title 26, Chapter 61a, Utah Medical Cannabis Act, or Title 4, Chapter 41A, the Cannabis Production Establishments. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare. JUSTIFICATION: Ongoing investigatory findings, both by the Centers for Disease Control and Prevention (CDC) nationally, and UDOH in Utah, related to the outbreak of cases of severe lung/pneumonitis injuries due to vaping have identified that patients are using unregulated electronic- cigarette products to vape THC obtained from the black market. Neither the national nor the Utah-specific investigation has identified any specific electronic-cigarette product, vaping product (devices, liquids, refill pods, and/or cartridges), substance that is linked to all cases. The majority of patients experiencing severe lung/pneumonitis injuries due to vaping both nationally (77%) and in Utah (94%; n=36 patients) self-reported using electronic-cigarette products to vape THC cartridges. Utah Public Health Laboratory testing of Utah case-associated THC electronic-cigarette substances identify that 89% of THC samples contain Vitamin E acetate. Some Utah patients also self-reported using electronic-cigarette products to vape nicotine substances (64%; n=36 patients). Pulmonologists treating the patients experiencing severe lung/pneumonitis injuries associated with vaping have stated the patients' medical imaging shows acute damage to their lungs. It is unknown what future medical costs these individuals will incur over the rest of their lives. In Utah, 14% of cases are between the ages of 10- 19, 47% of these cases are between the ages of 20-29 and 31% of these cases are between the ages of 30-39 (n=71 patients). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: UDOH plans to create and distribute the required mandatory warning signs electronically through a digital download, and by mail or through local health departments using existing allocated resources. - LOCAL GOVERNMENTS: Local health departments will continue to conduct permitting and compliance checks at tobacco retailers and use existing allocated resources to enforce this emergency rule. - SMALL BUSINESSES: Emergency Rule R384-418 may result in a direct cost or benefit to businesses. The costs or benefits to businesses are unquantifiable and depend on the business designation and whether the business chooses to display the mandatory warning signs. Approximately 50% of Utah tobacco retailers are considered small businesses. Twenty percent (20%) of these small businesses (or approximately 170 retailers) are designated as age-restricted retail tobacco specialty businesses. As long as these retail tobacco specialty businesses display the mandatory warning signs, these businesses will be allowed to continue to sell flavored electronic-cigarette products and flavored electronic-cigarette substances. The small businesses designated as general tobacco retailers do not primarily rely on electronic-cigarette products to maintain their business operations. General tobacco retailers will no longer be allowed to sell flavored electronic-cigarette products and flavored electronic- cigarette substances. General tobacco retailers can continue to sell non-flavored electronic-cigarette products and non-flavored electronic- cigarette substances upon the condition they display the mandatory warning signs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Emergency Rule R384-418 may result in a direct cost or benefit to persons. The costs or benefits to persons are unquantifiable and depend on whether they consume flavored electronic-cigarette or electronic-cigarette substances at retail tobacco specialty businesses that display the mandatory warning signs. These individuals will now only be able to purchase these products at retail tobacco specialty businesses. These individuals may continue to purchase non-flavored electronic-cigarette products and non-flavored electronic-cigarette substances at general tobacco retailers that display the mandatory warning signs. COMPLIANCE COSTS FOR AFFECTED PERSONS: UDOH plans to create and distribute the required mandatory warning signs electronically through a digital download and by mail or through local health departments to both general tobacco retailers and retail tobacco specialty businesses; these businesses do not have to pay for these required warning signs, unless individual retail tobacco retailers choose to create and use their own warning signs in accordance with this rule's guidelines. General tobacco retailers will no longer be able to sell flavored electronic-cigarette products and flavored electronic-cigarette substance during the time frame that this emergency rule is in effect. Some of the non-small businesses classified as general tobacco retailers may choose to redistribute these flavored electronic-cigarette products and flavored electronic-cigarette substance products to other retail locations outside of Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The current public health emergency regarding lung injuries which are associated with the use of electronic-cigarettes outweighs any negative fiscal impact on general tobacco retailers. DIRECT QUESTIONS REGARDING THIS RULE TO: - Heather Borski by phone at 801-538-9998, by FAX at 801-538-9495, or by Internet E-mail at hborski@utah.gov EFFECTIVE: 10/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44113.htm TRANSPORTATION OPERATIONS, CONSTRUCTION No. 44087 (Emergency Rule): R916-5. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY OF THE RULE OR CHANGE: Rule R916-5 is put back in place as it was in effect before it expired on 09/17/2019. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Section 72-6-107.5 requires the Department to have a rule in effect that serves the purposes of Rule R916-5. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Implementation of this emergency rule will not impact the state's budget because it places the Department in the position it was before the rule expired. - LOCAL GOVERNMENTS: Implementation of this rule will not impact local governments because it does not apply to local governments. - SMALL BUSINESSES: Implementation of this emergency rule will not impact small businesses because it places the Department and small businesses affected by this rule in the position they were before this rule expired. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Implementation of this emergency rule will not impact the budgets of persons other than small businesses, businesses, or local government entities because it places the Department and the persons other than small businesses, businesses, or local government entities affected by this rule in the position they were before this rule expired. COMPLIANCE COSTS FOR AFFECTED PERSONS: Reestablishing Rule R916-5 will not result in additional compliance costs for affected persons. Rule R916-5 implements requirements of Section 72-6-107.5. Compliance costs associated with this rule are required by the statute and not caused by this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will not have a fiscal impact on businesses. 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 EFFECTIVE: 09/18/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44087.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. HEALTH CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 44103 (5-year Review): R428-15. Health Data Authority Health Insurance Claims Reporting. 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 establishes requirements for certain entities that pay for health care to submit data to the Utah Department of Health. The data is needed to develop and maintain an All Payer Claims Database (APCD). The APCD assists in the comparison of health care cost efficiencies and effectiveness statewide from both a cross sectional, as well as from more longitudinally-based, disease progression perspective. Current requests for secure and approved use of APCD data are received from a variety of sources including qualified researchers, institutions, and inter-agency staff. Many analytic reports will continue to be released over the next several years that will help monitor trends in claims, costs, and quality of care for the people in Utah. The uses of the data and reports are justifications for continuation of this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Norman Thurston by phone at 801-538-7052, by FAX at 801-237-0787, or by Internet E-mail at nthurston@utah.gov - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov EFFECTIVE: 09/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44103.htm INSURANCE ADMINISTRATION No. 44090 (5-year Review): R590-270. Risk Adjustment Data Submission Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Much of the data collected under this rule is critical to the missions of the Insurance and Health Departments, despite the authorizing chapter being repealed. The Insurance Department is actively working on a revision to this rule to update the authority section. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 09/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44090.htm LABOR COMMISSION BOILER, ELEVATOR AND COAL MINE SAFETY No. 44086 (5-year Review): R616-4. Coal Mine Safety. 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 was established for the purpose of improving coal mine safety, preventing coal mine accidents, and improving coal mine accident response consistent with the the Coal Mine Safety Act. To date, the Division has not received any negative responses to this rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by Internet E-mail at awindham@utah.gov - Pete Hackford by phone at 801-530-7505, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov EFFECTIVE: 09/18/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44086.htm PARDONS (BOARD OF) ADMINISTRATION No. 44097 (5-year Review): R671-102. Americans with Disabilities Act Complaint Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board of Pardons (Board) supports the continuation of this rule because it is a guide for the Board's procedures in regards to any Americans with Disabilities Act complaint. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 09/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44097.htm No. 44096 (5-year Review): R671-103. Attorneys. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to use to strive for appropriate legal representation for offenders, inmates, and those petitioning before the Board. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 09/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44096.htm No. 44098 (5-year Review): R671-201. Original Hearing Schedule and Notice. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the Board to strive for transparency with hearing schedules and notices. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 09/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44098.htm No. 44109 (5-year Review): R671-309. Impartial Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it is a guide for the offender rights to impartial hearings, as well as a guide regarding ex parte contact and communication outside a hearing. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov EFFECTIVE: 09/30/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44109.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 44089 (5-year Review): R926-12. Share the Road Bicycle Support Restricted Account. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Share the Road Bicycle Support Restricted Account still exists and charitable organizations still apply for and receive distributions from the account. This rule benefits the community and is helpful to the environment. Therefore, this rule should be continued. 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 EFFECTIVE: 09/18/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44089.htm NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Office of Administrative Rules (Office) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Office. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Office, the rule expires. Upon expiration of the rule, the Office files a Notice of Five-Year Expiration (Expiration) to document the action. The Office is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Office has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five-year review requirement is governed by Subsection 63G-3-305(8). AGRICULTURE AND FOOD REGULATORY SERVICES No. 44085 (Expired): R70-440. Egg Products Inspection. SUMMARY: The five-year review was not filed by the deadline so the rule expired. (EDITOR'S NOTE: A 120-day (emergency) rule was filed for Rule R70-440 to put the rule back in place, that is effective as of 09/20/2019, under Filing No. 44091 in this issue, October 15, 2019, of the Bulletin.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 09/17/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44085.htm TRANSPORTATION OPERATIONS, CONSTRUCTION No. 44084 (Expired): R916-5. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY: The five-year review was not filed by the deadline so the rule expired. (EDITOR'S NOTE: A 120-day (emergency) rule was filed for Rule R916-5 to put the rule back in place, that is effective as of 09/18/2019, under Filing No. 44087 in this issue, October 15, 2019, of the Bulletin.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 09/17/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191015/44084.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. ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 43944 (AMD): R81-1-23.Sales Restrictions on High Demand Products of Limited Availability Published: 08/15/2019 Effective: 09/25/2019 No. 43943 (AMD): R81-1-33.Alcohol Content Published: 08/15/2019 Effective: 09/25/2019 No. 43940 (AMD): R81-1-34.Transfer Agreements Published: 08/15/2019 Effective: 09/25/2019 No. 43942 (AMD): R81-10-2.Off-Premise Beer Retailer State License and Master Off-Premise Beer Retailer State License Published: 08/15/2019 Effective: 09/25/2019 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43902 (AMD): R156-74.Certified Court Reporters Licensing Act Rule Published: 08/15/2019 Effective: 09/23/2019 GOVERNOR ECONOMIC DEVELOPMENT No. 43948 (NEW): R357-25.Rural Coworking and Innovation Center Grant Program Rule Published: 08/15/2019 Effective: 09/23/2019 No. 43949 (NEW): R357-26.Rural Rapid Manufacturing Grant Program Rule Published: 08/15/2019 Effective: 09/23/2019 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43834 (AMD): R414-2A.Inpatient Hospital Services Published: 07/15/2019 Effective: 09/17/2019 No. 43835 (REP): R414-2B.Inpatient Intensive Physical Rehabilitation Services Published: 07/15/2019 Effective: 09/17/2019 No. 43832 (NEW): R414-23.Provider Enrollment Published: 07/15/2019 Effective: 09/17/2019 CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 43852 (AMD): R428-2-10.Exemptions and Extensions Published: 08/01/2019 Effective: 09/19/2019 HERITAGE AND ARTS HISTORY No. 43717 (REP): R455-13.Capital Funds Request Prioritization Published: 06/01/2019 Effective: 09/20/2019 HUMAN SERVICES JUVENILE JUSTICE SERVICES No. 43805 (NEW): R547-15.Formula for Reform Savings Published: 07/01/2019 Effective: 09/23/2019 JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 43917 (R&R): R597-1.General Provisions Published: 08/15/2019 Effective: 09/23/2019 No. 43918 (R&R): R597-2.Administration of the Commission Published: 08/15/2019 Effective: 09/23/2019 No. 43919 (R&R): R597-3.Judicial Performance Evaluations Published: 08/15/2019 Effective: 09/23/2019 No. 43920 (R&R): R597-4.Justice Courts Published: 08/15/2019 Effective: 09/23/2019 REGENTS (BOARD OF) ADMINISTRATION No. 43780 (NEW): R765-621.T. H. Bell Education Scholarship Program Published: 07/01/2019 Effective: 09/23/2019 No. 43778 (NEW): R765-622.Career and Technical Education Scholarship Program Published: 07/01/2019 Effective: 09/23/2019 SYSTEM OF TECHNICAL COLLEGES (UTAH) BRIDGERLAND TECHNICAL COLLEGE No. 43926 (NEW): R947-1.Student Grievance Published: 08/15/2019 Effective: 10/01/2019 DAVIS TECHNICAL COLLEGE No. 43936 (NEW): R949-1.Student Due Process Published: 08/15/2019 Effective: 09/23/2019 No. 43938 (NEW): R949-2.Free Expression on Campus Published: 08/15/2019 Effective: 09/23/2019 DIXIE TECHNICAL COLLEGE No. 43887 (NEW): R951-1.Campus Access Rule Published: 08/01/2019 Effective: 09/26/2019 No. 43888 (NEW): R951-2.Student Free Expression Rule Published: 08/01/2019 Effective: 09/26/2019 No. 43889 (NEW): R951-3.Student Grievance Rule Published: 08/01/2019 Effective: 09/26/2019 MOUNTAINLAND TECHNICAL COLLEGE No. 43925 (NEW): R953-1.Due Process Published: 08/15/2019 Effective: 09/23/2019 No. 43924 (NEW): R953-2.Free Expression on Campus Published: 08/15/2019 Effective: 09/23/2019 OGDEN-WEBER TECHNICAL COLLEGE No. 43929 (NEW): R955-1.Student Due Process Published: 08/15/2019 Effective: 09/27/2019 No. 43927 (NEW): R955-2.Free Expression on Campus Published: 08/15/2019 Effective: 09/27/2019 No. 43928 (NEW): R955-3.Weapons on Campus Published: 08/15/2019 Effective: 09/27/2019 SOUTHWEST TECHNICAL COLLEGE No. 43931 (NEW): R957-1.Student Due Process Published: 08/15/2019 Effective: 09/23/2019 No. 43932 (NEW): R957-2.Free Expression on Campus Published: 08/15/2019 Effective: 09/23/2019 TOOELE TECHNICAL COLLEGE No. 43941 (NEW): R959-1.Student Due Process Published: 08/15/2019 Effective: 09/23/2019 No. 43945 (NEW): R959-2.Free Expression on Campus Published: 08/15/2019 Effective: 09/23/2019 UINTAH BASIN TECHNICAL COLLEGE No. 43904 (NEW): R961-1.Student Due Process Published: 08/15/2019 Effective: 09/23/2019 No. 43905 (NEW): R961-2.Free Expression on Campus Published: 08/15/2019 Effective: 09/23/2019 No. 43906 (NEW): R961-3.Weapons on Campus Published: 08/15/2019 Effective: 09/23/2019 UTECH BOARD OF TRUSTEES ADMINISTRATION No. 43898 (NEW): R945-2.Institutional Civil Liberties Policy Review Published: 08/01/2019 Effective: 09/24/2019 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 43934 (AMD): R986-700.Child Care Assistance Published: 08/15/2019 Effective: 10/01/2019 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/ . <> ----------------------------