---------------------------- Utah State Digest, Vol. 2019, No. 21 (November 1, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed October 2, 2019, 12:00 AM through October 15, 2019, 11:59 PM Volume 2019, No. 21 November 1, 2019 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 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. Rescinding and Reestablishing the Executive Water Finance Board, Utah Exec. Order No. 2019-6 - 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/ExecDoc161648.htm Declaring a State of Emergency Due to Flooding and Landslides, Utah Exec. Order No. 2019-7 - 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/ExecDoc161654.htm Calling the Sixty-Third Legislature Into the Fourth Extraordinary Session, Utah Proclamation No. 2019-4E - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2019/ExecDoc161661.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 October 2, 2019, 12:00 a.m., and October 15, 2019, 11:59 p.m. are summarized in this, the November 1, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the November 1, 2019, issue of the Utah State Bulletin until at least December 2, 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 29, 2020, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE CONSUMER PROTECTION No. 44122 (New Rule): R152-32a. Pawnshop and Secondhand Merchandise Transaction Information Act Rule. SUMMARY OF THE RULE OR CHANGE: Pawn and secondhand businesses are required by Sections 13-32a-104 and 13-32a-104.5 to record specified information related to pawn and secondhand merchandise transactions, and are required by Section 13-32a-106 to transmit that information electronically to the central database. This rule specifies which information is capable of being transmitted electronically to the central database by a pawn or secondhand business. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have any fiscal impact on state government revenues or expenditures. Any fiscal impact on state government was addressed in the fiscal note to H.B. 394, passed in the 2019 General Session. - LOCAL GOVERNMENTS: This rule is not expected to have any fiscal impact on local governments' revenues or expenditures because it does not create any new requirements that local governments must follow, nor does it otherwise constrain local governments. - SMALL BUSINESSES: This rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because it does not impose requirements upon small businesses beyond what is already required by Section 13-32a-106. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities because it does not impose requirements upon them beyond what is already required by Section 13-32a-106. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule does not impose compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is not expected to have any fiscal impact on non- small businesses' revenues or expenditures because it does not impose requirements upon businesses beyond what is already required by Section 13-32a-106. 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: - Daniel Larsen by phone at 801-530-6145, or by Internet E-mail at dblarsen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44122.htm OCCUPATIONAL AND PROFESSIONAL LICENSING No. 44119 (Amendment): R156-31b. Nurse Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-31b-402, these proposed amendments add to the fine schedule for nurses the following sanctions: 1) for an advanced practice registered nurse (APRN) who violates Section 58-37-19: initial offense $250; second offense $500; third and subsequent offense(s) $1,000; for an APRN who violates Title 26, Chapter 61a: initial offense $250; second offense $500; third and subsequent offense(s) $1,000. In addition, these amendments replace the fine schedule language with a table. In Section R156-31b-502, these proposed amendments add to the list of unprofessional conduct: 1) for an APRN, failing to discuss the risks of using an opiate with a patient or the patient's guardian in accordance with Section 58-37-19; 2) for an APRN, violating any provision of Title 26, Chapter 61a, the Utah Medical Cannabis Act; and 3) failing to practice within limits of competency. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The fiscal note for H.B. 191 (2019) estimated that two prescribers annually would pay a fine of $500 to $1,000 for non- compliance, for aggregate revenue of approximately $1,500 annually. The fiscal note for H.B. 3001 (2018) estimated the impact and it is available at: https://le.utah.gov/~2018S3/bills/static/HB3001.html. Any fines levied would be paid into the Nurse Education and Enforcement Account. The Division of Occupational and Professional Licensing (Division) estimates that these proposed amendments may result in two additional investigations of violations or complaints at a cost of $300 each for a total of $600. These amendments are not expected to impact any existing state practices or procedures, and as described below in the analysis for small businesses and non-small businesses, the Division does not expect any state agencies that may be acting as employers of licensees to experience any measurable fiscal impacts. No other impact to the state is expected beyond a minimal cost to the Division of approximately $75 to disseminate this rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: The Division estimates that these proposed amendments will have no measurable impact on local governments. None of these amendments are expected to impact existing local governments' practices or procedures. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any local governments that may be acting as employers of licensees to experience any measurable fiscal impacts. - SMALL BUSINESSES: These proposed amendments will regulate the APRNs practicing in Utah, which may indirectly affect the estimated 403 small businesses in Utah comprising establishments of licensed APRNs, or who employ APRNs, such as private or group practices, clinics, hospitals, private mental health practices, or medical centers (NAICS 621399, 621330, 621498, and 621999). However, these amendments are not expected to result in any measurable fiscal impact to small businesses. First, these amendments only impose a penalty for noncompliance with Utah Code requirements, and the practices of most small businesses are, or should be, already consistent with existing requirements. Second, these amendments will only affect licensees who violate the statute and are sanctioned, and as described below for other persons, for the typical licensee these proposed amendments will have no fiscal impact. Accordingly, any impact from non-compliance will never be uniformly felt across the industry, and most small businesses will never be impacted. Finally, although a small business employing a licensee who is sanctioned may face indirect financial costs, it is impossible to estimate what those costs might be because any such violations are unforeseeable, and because any indirect costs that a small business may potentially experience from any potential sanctions will vary widely depending on the unique characteristics of the employer and the individual characteristics and actions of each licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are approximately 2,908 licensed APRNs that may be affected by these proposed amendments. No measurable fiscal impact to these persons is expected. First, these proposed amendments will only affect licensees who violate the statute(s) and are sanctioned, so that most licensees will never be impacted. These amendments only impose a penalty for noncompliance with existing Utah Code requirements, and the practices of most licensees are, or should be, already consistent with existing professional practice requirements. Further, the goal of this rule is to provide a deterrent, such that there is a $0 net impact on all parties involved and minimal occasions to sanction a licensee for noncompliance. Therefore, for the typical licensee, these proposed amendments are expected to have no direct or indirect fiscal impact. Second, although a licensee who is sanctioned may experience a fiscal impact, it is impossible to estimate what such costs might be with any accuracy at present, both because they would apply only in cases of unforeseeable violations, and because any potential costs would depend on the unique characteristics and actions of each individual licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: As described above for other persons, the Division does not anticipate any compliance costs for any affected persons from these proposed amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments replace the fine schedule language with a table. These amendments also provide monetary fines for nurses who fail to comply with new Utah Code provisions enacted by H.B. 191 (2019) and H.B. 3001 (2018). In addition, these amendments add to the list of unprofessional conduct: 1) failing to discuss the risks of using an opiate with a patient or the patient's guardian in accordance with Subsection 58-37-19, 2) violating any provision of Title 26, Chapter 61a, the Utah Medical Cannabis Act, and 3) failing to practice within limits of competency. Small Businesses (less than 50 employees): These proposed amendment will regulate APRNs practicing in Utah, which may indirectly affect the estimated 403 small businesses in Utah comprising establishments of licensed APRNs or who employ APRNs, such as private or group practices, clinics, hospitals, private mental health practices, or medical centers (NAICS 621399, 621330, 621498, and 621999). However, these amendments are not expected to result in any measurable fiscal impact to small businesses. First, these amendments only impose a penalty for noncompliance with Utah Code requirements, and the practices of most small businesses are, or should be, already consistent with existing requirements. Second, these amendments will only affect licensees who violate the statute and are sanctioned. For the typical licensee, these proposed amendments will have no fiscal impact. Accordingly, any impact from non-compliance will never be uniformly felt across the industry, and most small businesses will never be impacted. Finally, although a small business employing a licensee who is sanctioned may face indirect financial costs, it is impossible to estimate what those costs might be because any such violations are unforeseeable, and because any indirect costs that a small business may potentially experience from any potential sanctions will vary widely depending on the unique characteristics of the employer and the individual characteristics and actions of each licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. Regulatory Impact to Non-Small Businesses (50 or more employees): These proposed amendment will regulate APRNs practicing in Utah, which may indirectly affect the estimated 101 non-small businesses in Utah comprising establishments of APRNs or who employ APRNs, such as private or group practices, hospitals, or medical centers (NAICS 621110, 622210, 622310). However, these proposed amendments are not expected to result in any measurable fiscal impact for non-small business for the same reasons 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 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/06/2019 10:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44119.htm No. 44120 (Amendment): R156-37f. Controlled Substance Database Act Rule. SUMMARY OF THE RULE OR CHANGE: New Subsection R156-37f-203(7) requires the Utah Controlled Substance Database to track the non-controlled substance prescription drug 1 - (Aminomethyl)-cyclohexaneacetic acid (Gabapentin). New Subsection R156-37f-203(8) clarifies that the Utah Controlled Substance Database tracks derivatives of barbituric acid (Butalbital). New Subsection R156-37f-301(15) clarifies that a designating practitioner, or other person that employs a designee must submit a notice of disassociation of designee to the Division after the designee ceases employment or is otherwise no longer designated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The following costs would impact the Division: 1) one time cost of approximately $75 to print and distribute this rule, and 2) an estimate of one hour a month at $40 per hour for the Controlled Substance Database Administrator or designee to track the noncontrolled substance Gabapentin within the Controlled Substance Database and to enter the National Drug Code (NDC). This equates to an annual estimated cost of $480 ongoing. - LOCAL GOVERNMENTS: No cost or savings impact is expected for local governments because these amendments will not affect any local governments' practices or procedures. - SMALL BUSINESSES: Some small business pharmacy dispensers (NAICS 446110) may incur a minimal one-time cost to have their software vendor add an NDC to their programming. However, this is projected to be rare, as most software is built to enable the addition of new NDCs. Any cost is inestimable because data regarding small businesses software capabilities is not available. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No costs or savings impact is expected to any other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are expected for any affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In accordance with H.B. 449 (2019), as recommended by the Controlled Substance Advisory Committee, this filing amends Rule R156-37f to have the Controlled Substance Database track the prescription non- controlled substance Gabapentin. New Subsection R156-37f-203(8) clarifies that the Utah Controlled Substance Database tracks derivatives of barbituric acid (Butalbital). New Subsection R156-37f-301(15) clarifies that a designating practitioner, or other person that employs a designee must submit a notice of disassociation of designee to the Division after the designee ceases employment or is otherwise no longer designated. Small Businesses (less than 50 employees): Some small- business pharmacy dispensers (NAICS 446110) may incur a minimal one-time cost to have their software vendor add an NDC to their programming. However, this is projected to be rare, as most software is built to enable the addition of new NDCs. Any cost is inestimable because data regarding small-business software capabilities is not available. The fiscal impact of giving notice of disassociation of a designee is negligible and inestimable. Regulatory Impact to Non-Small Businesses (50 employees or more): The Division does not expect these amendments to result in any cost to non-small business pharmacy dispensers (NAICS 446110) because their computer software should have sufficient capability to enable the addition of new NDCs. The fiscal impact of giving notice of disassociation of a designee is negligible and inestimable. 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: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov - Ronald Larsen by phone at 801-530-6197, by FAX at 801-530-6511, or by Internet E-mail at ronaldlarsen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/06/2019 11:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44120.htm No. 44117 (Amendment): R156-44a. Nurse Midwife Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-44a-402, these proposed amendments replace the fine schedule language with a table, and add the following sanctions for failure to provide an opiate prescription consultation as required by Section 58-37-19: initial offense $250; second offense $500; third and subsequent offenses $1,000. In Subsection R156-44a-502(1), this proposed amendment updates the referenced "Code of Ethics" published by the American College of Nurse-Midwives to the new June 2015 edition. Subsection R156-44a-502(2) is a new subsection that adds to the list of unprofessional conduct for a CNM, failing to provide an opiate prescription consultation as required by Section 58-37-19. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The fiscal note for H.B. 191 (2019) estimated that two prescribers annually would pay a fine of $500 to $1,000 for non- compliance, for aggregate revenue of approximately $1,500 annually. The fiscal note for H.B. 191 (2019) estimated the impact and it is available at: https://le.utah.gov/~2019/bills/static/HB0191.html. Any fines levied would be paid into the Certified Nurse Midwife Education and Enforcement Account. The Division of Occupational and Professional Licensing (Division) estimates that these proposed amendments may result in two additional investigations of violations or complaints at a cost of $300 each for a total of $600. These amendments are not expected to impact any existing state practices or procedures, and as described below in the analysis for small businesses and non-small businesses, the Division does not expect any state agencies that may be acting as employers of licensees to experience any measurable fiscal impacts. No other impact to the state is expected beyond a minimal cost to the Division of approximately $75 to disseminate this rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: The Division estimates that these proposed amendments will have no measurable impact on local governments. None of these amendments are expected to impact existing local governments' practices or procedures. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any local governments that may be acting as employers of licensees to experience any measurable fiscal impacts. - SMALL BUSINESSES: These proposed amendments will regulate CNMs practicing in Utah, which may indirectly affect the estimated 22 small businesses in Utah comprising establishments of licensed CNMs or who employ CNMs, such as private or group practices, clinics, hospitals, private mental health practices or medical centers (NAICS 621399, 621498, 621111). However, these amendments are not expected to result in any measurable fiscal impact to small businesses. First, the amendments only impose a penalty for noncompliance with Utah Code requirements, and the practices of most small businesses are, or should be, already consistent with existing requirements. Second, these amendments will only affect licensees who violate the statute and are sanctioned, and as described below for other persons, for the typical licensee these amendments will have no fiscal impact. Accordingly, any impact from non-compliance will never be uniformly felt across the industry, and most small businesses will never be impacted. Finally, although a small business employing a licensee who is sanctioned may face indirect financial costs, it is impossible to estimate what those costs might be because any such violations are unforeseeable, and because any indirect costs that a small business may potentially experience from any potential sanctions will vary widely depending on the unique characteristics of the employer, and the individual characteristics and actions of each licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are approximately 180 licensed CNMs who may be affected by these proposed amendments. No measurable fiscal impact to these persons are expected. First, these amendments will only affect licensees who violate the statute(s) and are sanctioned, so that most licensees will never be impacted. These amendments only impose a penalty for noncompliance with existing Utah Code requirements, and the practices of most licensees are, or should be, already consistent with existing professional practice requirements. Further, the goal of this rule is to provide a deterrent, such that there is a $0 net impact on all parties involved and minimal occasions to sanction a licensee for noncompliance. Therefore for the typical licensee these amendments are expected to have no direct or indirect fiscal impact. Second, although a licensee who is sanctioned may experience a fiscal impact, it is impossible to estimate what such costs might be with any accuracy at present, both because they would apply only in cases of unforeseeable violations, and because any potential costs would depend on the unique characteristics and actions of each individual licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: As described above for other person, the Division does not anticipate any compliance costs for any affected person from these proposed amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments replace the fine schedule language with a table. These amendments clarify and update this rule, and add a fine for a CNM who fails to provide an opiate prescription consultation in accordance with new Section 58-37-19, enacted by H.B. 191 (2019). These proposed amendments update the referenced "Code of Ethics" published by the American College of Nurse-Midwives to the more recent June 2015 edition. Finally, the amendments add to the list of unprofessional conduct for a CNM, the failure to provide an opiate prescription consultation as required by Section 58-37-19. Small Businesses (less than 50 employees): These proposed amendments will regulate CNMs practicing in Utah, which may indirectly affect the estimated 22 small businesses in Utah comprising establishments of licensed CNMs or who employ CNMs, such as private or group practices, clinics, hospitals, private mental health practices, or medical centers (NAICS 621399, 621498, 621111). However, these amendments are not expected to result in any measurable fiscal impact to small businesses. First, these amendments only impose a penalty for noncompliance with Utah Code requirements, and the practices of most small businesses are, or should be, already consistent with existing requirements. Second, these amendments will only affect licensees who violate the statute and are sanctioned. For the typical licensee, these amendments will have no fiscal impact. Accordingly, any impact from non-compliance will never be uniformly felt across the industry, and most small businesses will never be impacted. Finally, although a small business employing a licensee who is sanctioned may face indirect financial costs, it is impossible to estimate what those costs might be because any such violations are unforeseeable, and because any indirect costs that a small business may potentially experience from any potential sanctions will vary widely depending on the unique characteristics of the employer and the individual characteristics and actions of each licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. Regulatory Impact to Non-Small businesses (50 or more employees): These proposed amendments will regulate CNMs practicing in Utah, which may indirectly affect the estimated 10 non- small businesses in Utah comprising establishments of CNMs or who employ CNMs, such as private or group practices, hospitals, or medical centers (NAICS 621498 and 621111). However, these proposed amendments are not expected to result in any measurable fiscal impact for non-small businesses for the same reasons 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 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/06/2019 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44117.htm EDUCATION ADMINISTRATION No. 44128 (Amendment): R277-108. Annual Assurance of Compliance by Local School Boards. SUMMARY OF THE RULE OR CHANGE: In Section R277-108-3, incorporation of the Annual Assurances of Compliance has updated the checklist date to reflect the 2019-2020 school year. The assurance document, which lists the required state and federal compliance information for identified programs and funds, is meant to provide local school boards with a list of laws requiring local school board action and a means of assuring that local boards are in compliance. This document is something LEAs already submit annually. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on state government revenues or expenditures. This rule is being amended to incorporate by reference the updated version of the assurances document that was distributed in July to LEAs. Thus, this rule change will not have a fiscal impact. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is being amended to incorporate by reference the updated version of the assurances document that was distributed in July to LEAs. The assurance document, which lists the required state and federal compliance information for identified programs and funds, is meant to provide local school boards with a list of laws requiring local school board action and a means of assuring that local boards are in compliance. This document is something LEAs already submit annually. Thus, this rule change will not have a fiscal impact. - SMALL BUSINESSES: This rule change is not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is about annual assurance of compliance by local school boards and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons' other than small businesses', businesses', or local government entities' revenues or expenditures. The rule is being amended to incorporate by reference the updated version of the assurances document that was distributed in July to LEAs. Thus, this rule change will not have a fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This rule change has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44128.htm No. 44136 (New Rule): R277-306. Educator Preparation Programs for School Psychologists, Audiologists, Speech-Language Pathologists, Speech- Language Technicians, and Counselors. SUMMARY OF THE RULE OR CHANGE: Rule R277-306 has been written based on the original draft and the feedback submitted by the stakeholders from multiple professional organizations, as well as two Utah university-based preparation programs. There were two primary areas of feedback that were received; School Social Worker license areas, and Speech-Language Technicians (SLT) vs. Speech-Language Pathology Assistants (SLPA). This new rule has been drafted per the recommendations in these areas. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule may have a fiscal impact on state government revenues or expenditures. As part of educator licensing revisions, this rule discontinues licensing school social workers by the Board because there is little difference in school social workers and social workers licensed by the Utah Division of Occupational and Professional Licensing (DOPL), and there are a number of other types of professionals who are employed by local education agencies (LEAs) and provide services in schools who are licensed by DOPL and are not required to hold a Utah Educator License. This change may impact the state budget because the count of full time equivalent (FTE) for school social workers is included in the appropriations formulas for the Professional Staff Cost and Educator Salary Adjustment programs. Thus, removing these FTEs from the formula could lead to less funding needed for these programs. The Professional Staff Cost formula includes a number of educator positions. Thus, if the FTE count in other positions increases then the program funding requirement will not decrease despite not having school social workers to include in the formula. For the Educator Salary Adjustment Program, if nothing else is changed, this rule would mean a decrease in program funding because school social workers are eligible for this salary adjustment, but licensed clinical social workers are not. For both programs, any changes in state funding relative to the total appropriations for the programs would be small because the total FTE for school social workers for the 2018-2019 school year was 159.0 FTE (170 individuals). - LOCAL GOVERNMENTS: This proposed rule may have a fiscal impact on local governments' revenues or expenditures. As part of educator licensing revisions, this rule discontinues licensing school social workers by the Board because there is little difference in school social workers and social workers licensed by DOPL, and there are a number of other types of professionals who are employed by LEAs and provide services in schools who are licensed by DOPL and are not required to hold a Utah Educator License. This rule may impact funding received by LEAs because the count of FTE for school social workers is included in the appropriations formulas for the Professional Staff Cost and Educator Salary Adjustment Programs. For the Professional Staff Cost program, funding is distributed to LEAs on a ratio basis. Thus, removing school social workers from the formula would likely result in a small redistribution of the funding among LEAs. As the total FTE in the formula for the 2018-2019 school year was approximately 36,000, the removal of 159 FTEs would have a minimal impact. The most affected district would be Granite School District which employs 66 of the 170 school social workers. For the Educator Salary Adjustment Program, if nothing else is changed, this rule would mean a decrease in program funding for LEAs because school social workers are eligible for this salary adjustment, but licensed clinical social workers are not. The Educator Salary Adjustment is valued at $4,200 plus taxes and benefits for a total value of $5,549.88 per FTE. Canyons, Granite, and Provo districts would be hit hardest by that change, but most LEAs have one or two FTEs in this category at most. - SMALL BUSINESSES: This proposed rule is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to educator licensing and thus does not apply to small businesses since the Board is responsible for educator licensing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule may have a fiscal impact on persons' other than small businesses', businesses', or local government entities' revenues or expenditures. As part of educator licensing revisions, this rule discontinues licensing school social workers by the Board because there is little difference in school social workers and social workers licensed by DOPL, and there are a number of other types of professionals who are employed by LEAs and provide services in schools who are licensed by DOPL and are not required to hold a Utah Educator License. The individuals affected are school social workers who would cease to hold a Utah Educator License. Consequently, these individuals would no longer be eligible for the Educator Salary Adjustment which is valued at $4,200 plus taxes and benefits for a total value of $5,549.88 per FTE. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This proposed rule has no fiscal impact on small businesses either. This proposed rule may have a fiscal impact on the state budget, local education agencies, and school social workers with local education agencies and school social workers receiving less funding and the state budget requiring less funding for the Professional Staff Cost and Educator Salary Adjustment programs. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44136.htm No. 44125 (Amendment): R277-407. School Fees. SUMMARY OF THE RULE OR CHANGE: Rule R277-407 has been amended to include clarification for new school fee requirements and spend plan collection revisions. 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 this rule is about fees and spend plans for fees for LEAs, and all regulatory functions are already funded. This rule is being amended due to recommended changes from the School Fees Spend Plan Work Group. This group reviewed the requirement for LEAs to file spend plans for fees charged in order to promote transparency and follow up on how school fees are used throughout the year. These rule changes add clarifying language about the purpose of the spend plans and particular information to be identified within the spend plan. These changes will not have an independent fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material fiscal impact on local governments' revenues or expenditures. This rule is being amended due to recommended changes from the School Fees Spend Plan Work Group. This group reviewed the requirement for LEAs to file spend plans for fees charged in order to promote transparency and follow up on how school fees are used throughout the year. These rule changes add clarifying language about the purpose of the spend plans and particular information to be identified within the spend plan. These changes will not have an independent fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is about school fees and spend plans for fees for LEAs and thus will not impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any material fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is being amended due to recommended changes from the School Fees Spend Plan Work Group. This group reviewed the requirement for LEAs to file spend plans for fees charged in order to promote transparency and follow up on how school fees are used throughout the year. These rule changes add clarifying language about the purpose of the spend plans and particular information to be identified within the spend plan. These changes will not have an independent fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44125.htm No. 44126 (Amendment): R277-468. Parent/Guardian Review of Public Education Curriculum and Review of Complaint Process. SUMMARY OF THE RULE OR CHANGE: Rule R277-468 is being amended with formatting and technical corrections to comply with the rulewriting manual and language is being added for parental involvement with instructional material. 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. Staff have also made formatting and technical corrections to this rule and thus these rule changes will not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. Staff have also made formatting and technical corrections to this rule and thus these rule changes will not have a fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. Staff have also made formatting and technical corrections to this rule and thus these rule changes will not have a fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons' other than small businesses', businesses', or local government entities' revenues or expenditures. Staff have also made formatting and technical corrections to this rule and thus these rule changes will not have a fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44126.htm No. 44127 (Amendment): R277-927. Teacher and Student Success Act (TSSA) Program. SUMMARY OF THE RULE OR CHANGE: Subsection R277-927-2(2) is being amended to define "early childhood education" to include preschool programs, which allows program money to be used on preschool. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on state government revenues or expenditures. Since the last amendment to Rule R277-927, staff has been informed that the legislative intent of the definition of "early childhood education" in Section 53G-7- 1304 was meant to include preschool. Thus, this rule change clarifies that early childhood education includes preschool programs. This program is funded through an appropriation from the Legislature's Teacher and Student Success Account and thus this rule change will not have an independent fiscal impact. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures. Since the last amendment to R277-927, staff has been informed that the legislative intent of the definition of "early childhood education" in Section 53G-7- 1304 was meant to include preschool. Thus, this rule change clarifies that early childhood education includes preschool programs. This program is funded through an appropriation from the Legislature's Teacher and Student Success Account and thus this rule change will not have an independent fiscal impact. - SMALL BUSINESSES: This rule change is not expected to have any material fiscal impact on small businesses' revenues or expenditures because the rule is about the Teacher and Student Success Act Program which is a state program and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any material fiscal impacts on persons' other than small businesses', businesses', or local government entities' revenues or expenditures because this rule is about the Teacher and Student Success Act Program which is a state program and thus does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This rule change has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44127.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 44129 (Amendment): R414-303. Coverage Groups. SUMMARY OF THE RULE OR CHANGE: This amendment allows Former Foster Care coverage for foster care individuals who arrive from any state or tribe, as long as they received Medicaid coverage during the foster care period in which they turned 18 years of age. It also updates federal citations, removes duplicative language, and makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an annual cost of about $56,200 to the state budget. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide foster care services under the Medicaid program. - SMALL BUSINESSES: Small businesses may see a share of annual revenue up to $56,200 with the increase in foster care coverage. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may see a share of annual revenue up to $56,200 with the increase in foster care coverage, while individuals who become eligible for the Former Foster Care Individuals Program may see a share of out-of-pocket savings based on that amount. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change can only result in increased revenue and out-of- pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses will see a share of revenue with the expansion of foster care coverage. 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: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-237-0750, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44129.htm No. 44131 (Amendment): R414-504-3. Principles of Facility Case Mix Rates and Other Payments. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies that each nursing facility must submit the MDS OSA data so the state may calculate the case mix index needed for rate setting. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies the need for MDS OSAs, which is a new method for the facilities to submit similar MDS data as they have done in the past. - LOCAL GOVERNMENTS: There is no impact on local governments because this change only clarifies the need for MDS OSAs, which is a new method for the facilities to submit similar MDS data as they have done in the past. - SMALL BUSINESSES: There is no impact on small businesses because this change only clarifies the need for MDS OSAs, which is a new method for the facilities to submit similar MDS data as they have done in the past. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers and Medicaid members because this change only clarifies the need for MDS OSAs, which is a new method for the facilities to submit similar MDS data as they have done in the past. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this change only clarifies the need for MDS OSAs, which is a new method for the facilities to submit similar MDS data as they have done in the past. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-237-0750, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44131.htm LABOR COMMISSION BOILER, ELEVATOR AND COAL MINE SAFETY No. 44121 (Amendment): R616-3-10. Hydraulic Elevator Piping. SUMMARY OF THE RULE OR CHANGE: This change removes Subsections R616-3- 10(B) and (C). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These is no cost or savings to the state associated with this rule change. This change is bringing this rule in line with currently adopted codes and standards. - LOCAL GOVERNMENTS: There is no cost or savings to local governments associated with this rule change. This change is bringing this rule in line with currently adopted codes and standards. - SMALL BUSINESSES: There is no cost to small businesses associated with this rule change. This change is bringing this rule in line with currently adopted codes and standards. This rule change could save the small business owners as this rule would no longer require welding by a certified welder and the associated costs of this. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost or savings to other persons associated with this rule change. This change is bringing this rule in line with currently adopted codes and standards. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change will save effected owners approximately $1,000 - $1,500 depending on travel time per install by not being required to have certified welder perform welding, and using couplings instead while still meeting required codes and standards. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is minimal savings to the equipment owner on effected items. This change is bringing this rule in line with currently adopted codes and standards. 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: - 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 - Rick Sturm by phone at 801-530-6783, by FAX at 801-530-6871, or by Internet E-mail at rsturm@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44121.htm LIEUTENANT GOVERNOR ELECTIONS No. 44123 (Amendment): R623-1. Lieutenant Governor's Procedure for Regulation of Lobbyist Activities. SUMMARY OF THE RULE OR CHANGE: The changes: 1) modify definitions, 2) eliminate processes and penalties in this rule that are established by statute or not authorized by statute, 3) align the adjudicative procedure with practices in Title 63G, Chapter 4, 4) apply the adjudicative procedure process to local lobbyists, and 5) add a new category of lobbyists that was created by H.B. 64 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule may pose costs to the Lieutenant Governor's Office if a local lobbyist requests a formal adjudicative proceeding and requests an administrative law judge (ALJ) to preside over it. Based on other statewide contracts for ALJ services, the Lt. Governor's Office estimates it would cost $83 per hour. Because this is an hourly rate, the total cost would be dependent on the total time ALJ services are necessary. Although hiring ALJs may pose a cost, it is unlikely that the Lt. Governor's Office will need their services. Data from 2017-2019 show that the Lt. Governor's Office assessed penalties on 33 lobbyists (out of approximately 565 lobbyists), but none requested an adjudicative proceeding. This trend, when paired with the fact that there are only 2 registered local lobbyists, suggests that an adjudicative proceeding for a local lobbyist is unlikely. - LOCAL GOVERNMENTS: Local governments are not regulated or affected by this rule. - SMALL BUSINESSES: Small businesses are not regulated or affected by this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed rule changes do not impose additional regulations, requirements, or penalties on lobbyists than what is currently outlined in statute. The adjudicative proceeding is optional for all lobbyists. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The adjudicative proceeding is optional for all lobbyists. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Simply put, this rule applies an existing adjudicative procedure to local lobbyists and clarifies the procedure for all lobbyists. Please note that statute establishes penalties and fines. This administrative rule merely outlines procedures to adjudicate potential violations and assess penalties and fines. 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: - Derek Brenchley by phone at 801-538-1041, or by Internet E-mail at dbrenchley@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44123.htm WORKFORCE SERVICES HOUSING AND COMMUNITY DEVELOPMENT No. 44130 (Repeal): R990-11. Community Development Block Grants (CDBG). SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The administration of the Community Development Block Grant will not change with the repeal of this rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. The administration of the Community Development Block Grant will not change with the repeal of this rule. - SMALL BUSINESSES: There is no regulatory impact creating a financial cost to small businesses. This rule is being repealed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no regulatory impact creating a financial cost to other persons. This rule is being repealed. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The repeal of this rule requires no action or compliance by any persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this rule repeal will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at ampeck@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44130.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. AGRICULTURE AND FOOD PLANT INDUSTRY No. 44135 (5-year Review): R68-3. Utah Fertilizer Act Governing Fertilizers and Soil Amendments. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to ensure that fertilizer is being properly labeled in accordance with Utah law. Additionally, it is necessary to ensure that Utah consumers are educated as to what is in the products they are purchasing. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bracken Davis by phone at 801-538-7188, or by Internet E-mail at brackendavis@utah.gov - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@utah.gov - Robert Hougaard by phone at 801-538-7180, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov EFFECTIVE: 10/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44135.htm COMMERCE ADMINISTRATION No. 44116 (5-year Review): R151-1. Department of Commerce General Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is authorized and mandated by state law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Masuda Medcalf by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov EFFECTIVE: 10/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44116.htm EDUCATION ADMINISTRATION No. 44118 (5-year Review): R277-468. Parent/Guardian Review of Public Education Curriculum and Review of Complaint Process. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it directs a local education agency (LEA) to include parents in the adoption and review of an LEA's primary instructional materials, including the review of complaints specific to curriculum materials. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 10/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44118.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, ADMINISTRATION No. 44124 (5-year Review): R805-4. Illegal, Harmful, and Disruptive Behavior on University of Utah Property. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it places visitors to the University of Utah (University) campus on notice of the University's behavioral expectations, of the possible sanctions that may be imposed for violations of those behavioral standards, and of the process that the University will follow (an informal adjudicative process pursuant to Utah Administrative Rule R765-134) in the event that it needs to exclude a visitor from campus for extended periods of time. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robert Payne by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at robert.payne@legal.utah.edu EFFECTIVE: 10/10/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191101/44124.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 43911 (AMD): R58-1.Admission, Identification, and Inspection of Livestock, Poultry, and Other Animals Published: 08/15/2019 Effective: 10/09/2019 ATTORNEY GENERAL ADMINISTRATION No. 43836 (NEW): R105-4.Child Protection Registry Published: 07/15/2019 Effective: 10/02/2019 COMMERCE CONSUMER PROTECTION No. 43991 (REP): R152-32a.Pawnshop and Secondhand Merchandise Transaction Information Act Rule Published: 09/01/2019 Effective: 10/09/2019 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43954 (AMD): R156-24b.Physical Therapy Practice Act Rule Published: 09/01/2019 Effective: 10/08/2019 No. 43953 (REP): R156-31c.Nurse Licensure Compact Rule Published: 09/01/2019 Effective: 10/08/2019 EDUCATION ADMINISTRATION No. 43983 (NEW): R277-318.Teacher Salary Supplement Program Published: 09/01/2019 Effective: 10/08/2019 No. 43984 (REP): R277-402.School Readiness Initiative Published: 09/01/2019 Effective: 10/08/2019 No. 43990 (AMD): R277-407.School Fees Published: 09/01/2019 Effective: 10/08/2019 No. 43968 (AMD): R277-474.School Instruction and Sex Education Published: 09/01/2019 Effective: 10/08/2019 No. 43985 (AMD): R277-504.Early Childhood, Elementary, Secondary, Special Education (K-12), and Preschool Special Education (Birth-Age 5) Licensure Published: 09/01/2019 Effective: 10/08/2019 No. 43986 (REP): R277-523.Teacher Salary Supplement Program Published: 09/01/2019 Effective: 10/08/2019 No. 43967 (AMD): R277-607.Truancy Prevention Published: 09/01/2019 Effective: 10/08/2019 No. 43969 (AMD): R277-704.Financial and Economic Literacy: Integration into Core Curriculum and Financial and Economic Literacy Student Passports Published: 09/01/2019 Effective: 10/08/2019 No. 43982 (AMD): R277-706.Public Education Regional Service Centers Published: 09/01/2019 Effective: 10/08/2019 No. 43987 (REP): R277-711.High Quality School Readiness Expansion Published: 09/01/2019 Effective: 10/08/2019 No. 43988 (AMD): R277-713.Concurrent Enrollment of High School Students in College Courses Published: 09/01/2019 Effective: 10/08/2019 No. 43950 (NEW): R277-927.Teacher and Student Success Act (TSSA) Program Published: 08/15/2019 Effective: 10/08/2019 No. 43989 (NEW): R277-928.High-Need Schools Grant Published: 09/01/2019 Effective: 10/08/2019 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 43971 (AMD): R315-260.Hazardous Waste Management System Published: 09/01/2019 Effective: 10/15/2019 No. 43972 (AMD): R315-261.General Requirements –- Identification and Listing of Hazardous Waste Published: 09/01/2019 Effective: 10/15/2019 No. 43973 (AMD): R315-262.Hazardous Waste Generator Requirements Published: 09/01/2019 Effective: 10/15/2019 No. 43974 (AMD): R315-263.Standards Applicable to Transporters of Hazardous Waste and Standards Applicable to Emergency Control of Spills for All Hazardous Waste Handlers Published: 09/01/2019 Effective: 10/15/2019 No. 43975 (AMD): R315-264.Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 09/01/2019 Effective: 10/15/2019 No. 43976 (AMD): R315-265.Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 09/01/2019 Effective: 10/15/2019 No. 43977 (AMD): R315-266.Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities Published: 09/01/2019 Effective: 10/15/2019 No. 43978 (AMD): R315-273.Standards for Universal Waste Management Published: 09/01/2019 Effective: 10/15/2019 GOVERNOR ECONOMIC DEVELOPMENT No. 43992 (AMD): R357-24.Utah Works Program Rule Published: 09/01/2019 Effective: 10/15/2019 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43955 (AMD): R414-200.Non-Traditional Medicaid Health Plan Services Published: 09/01/2019 Effective: 10/10/2019 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/ . <> ----------------------------