---------------------------- Utah State Digest, Vol. 2019, No. 22 (November 15, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed October 16, 2019, 12:00 AM through November 1, 2019, 11:59 PM Volume 2019, No. 22 November 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 December 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/2019/20191115/sn161683.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 16, 2019, 12:00 a.m., and November 1, 2019, 11:59 p.m. are summarized in this, the November 15, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the November 15, 2019, issue of the Utah State Bulletin until at least December 16, 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 March 14, 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. ADMINISTRATIVE SERVICES ADMINISTRATION No. 44187 (New Rule): R13-10. State Entities' Posting of Financial Information to the Utah Public Finance Website. SUMMARY OF THE RULE OR CHANGE: Rule R13-10 provides definitions, the definition of public financial information as required by statute, and procedures for submitting data to the Utah Public Finance Website. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The provisions of this rule are substantially similar to the rule (Rule R25-10) that existed under the former statutory authorization. The processes for submitting data already exist. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This rule applies to participating state entities only. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule applies to participating state entities only. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule applies to participating state entities only. There is no anticipated cost or savings to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule reestablishes the provisions currently found in Rule R25-10 under Title R13 pursuant to Section 63A-1-204. It only affects state agencies. It does not impose compliance costs on persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed and approved this rule. There will not be an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kenneth Hansen by phone at 801-538-3010, or by Internet E-mail at khansen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44187.htm No. 44188 (Amendment): R13-11. Use of Electronic Meetings for the Utah Transparency Advisory Board. SUMMARY OF THE RULE OR CHANGE: Rule R13-11 establishes procedures for conducting meetings of the Utah Transparency Advisory Board by electronic means. It permits some members to participate by electronic means, but requires a quorum of the board to physically attend a board meeting, and permits the chair to limit the number of members who participate electronically. It provides for notice that some members of the board may participate by electronic means. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The provisions of this rule are substantially similar to the rule (Rule R25-11) that existed under the former statutory authorization. The infrastructure to conduct electronic meetings already exists. Based on experience under the previous rule, any potential cost savings created by allowing state members to participate electronically cannot be predicted, and would be insignificant as most members are required to participate in person. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. The provisions of this rule are substantially similar to the rule that existed under the former statutory authorization. The infrastructure to participate electronically already exists. Based on experience under the previous rule, any potential cost savings created by allowing local government members to participate electronically cannot be predicted, and would be insignificant as most members participate in person. - SMALL BUSINESSES: This rule does not apply to small businesses. It only applies to members of the Utah Transparency Advisory Committee. Therefore, there is no anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule does not apply to other persons. It only applies to members of the Utah Transparency Advisory Committee. Therefore, there is no anticipated cost or savings to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule affects the method of meeting participation for some members of the Utah Transparency Advisory Board only. It does not impose compliance costs on persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed and approved this rule. There will not be an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kenneth Hansen by phone at 801-538-3010, or by Internet E-mail at khansen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44188.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 44153 (Amendment): R156-1. General Rule of the Division of Occupational and Professional Licensing. SUMMARY OF THE RULE OR CHANGE: New Section R156-1-310 establishes the application form and clarifies that an individual must submit a separate application for each license type determination. This section also clarifies that a determination will be based solely on the information contained in the application and supporting documents, that a "complete criminal conviction history" includes pleas in abeyance and nolo contendere and current firearms restrictions, and that an individual whose application has been denied as incomplete or who has received an unfavorable determination may submit a request for agency review. The following nonsubstantive formatting changes are also made in this filing: Sections R156-1-111a and R156-1-111b are merged for clarity, the obsolete license classification "Construction Trades Instructor" is deleted from Section R156-1-308a, and former Section R156-1-310 is renumbered to Section R156-1-501.1. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division expects these proposed amendments to have no impact on the Division or other state agencies over and above the impact described in the fiscal note for H.B. 90 (2019), available online at: https://le.utah.gov/~2019/bills/static/HB0090.html, as this rule merely establishes and clarifies the Division's application procedures in accordance with the mandates of new Section 58-1-310. There will be a minimal cost to the Division of approximately $75 to disseminate this rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: These proposed rule amendments are not expected to impact local governments as they will not affect local governments' practices or procedures. - SMALL BUSINESSES: These proposed rule amendments will only impact individuals who seek an advance criminal history determination from the Division as authorized by new Section 58-1-310, and are not expected to impact small businesses over and above the impact described in the fiscal note for H.B. 90 (2019), available online at: https://le.utah.gov/~2019/bills/static/HB0090.html. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule amendments will affect an estimated 456 individuals annually who will seek an advance criminal history determination from the Division. Because the rule merely establishes and clarifies procedures in accordance with the mandates of Section 58-1-310, they are not expected to impact these persons over and above the impact described in the fiscal note for H.B. 90 (2019), available online at: https://le.utah.gov/~2019/bills/static/HB0090.html. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division estimates that these proposed amendments will have no compliance cost on any affected persons over and above that already included in the fiscal note for H.B. 90 (2019), available online at: https://le.utah.gov/~2019/bills/static/HB0090.html. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Division proposes these amendments to clarify and establish the application procedures for a criminal history determination pursuant to new Section 58-1-310 enacted by H.B. 90 (2019). New Section R156-1-310 establishes the application form and clarifies that an individual must submit a separate application for each license type determination. This section also clarifies that a determination will be based solely on the information contained in the application and supporting documents, that a "complete criminal conviction history" includes pleas in abeyance and nolo contendere and current firearms restrictions, and that an individual whose application has been denied as incomplete or who has received an unfavorable determination may submit a request for agency review. Nonsubstantive formatting changes are also made in this filing: Sections R156-1-111a and R156-1-111b are merged for clarity, the obsolete license classification "Construction Trades Instructor" is deleted from Section R156-1-308a, and former Section R156- 1-310 is renumbered to Section R156-1-501.1. Small Business (less than 50 employees): These proposed rule amendments will only impact individuals who seek an advance criminal history determination from the Division as authorized by new Section 58-1-310, and there is no expected impact to small businesses over and above the impact described in the fiscal note for H.B. 90 (2019), available online at: https://le.utah.gov/~2019/bills/static/HB0090.html. Non-Small Businesses (50 or more employees): These proposed rule amendments will only impact individuals who seek an advance criminal history determination from the Division as authorized by new Section 58-1-310, and there is no expected impact to non-small businesses over and above the impact described in the fiscal note for H.B. 90 (2019), available online at: https://le.utah.gov/~2019/bills/static/HB0090.html. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Deborah Blackburn by phone at 801-530-6060, by FAX at 801-530-6511, or by Internet E-mail at deborahblackburn@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/03/2019 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44153.htm No. 44154 (Amendment): R156-46b-202. Informal Adjudicative Proceedings. SUMMARY OF THE RULE OR CHANGE: New Subsection R156-46b-202(1)(b) categorizes as "informal" adjudicative proceedings an approval or denial of an application for a criminal history determination, and a favorable or unfavorable determination based on an application for criminal history determination. New Subsection R156-46b-202(2)(e) categorizes as "informal" adjudicative proceedings disciplinary proceedings initiated by a notice of agency action concerning evaluation or verification of documentation showing completion of or compliance with renewal requirements under Subsection 58-1-308(4)(b). Nonsubstantive formatting changes are also made throughout this section for clarity. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The addition of Subsection R156-46b-202(1)(b) will have no impact on the Division or other state agencies over and above the impact described in the fiscal note for H.B. 90 (2019), available online at: https://le.utah.gov/~2019/bills/static/HB0090.html, as it merely clarifies the Division's application procedures in accordance with the mandates of new Section 58-1-310. Additionally, new Subsection R156-46b- 202(2)(e) will have no impact on the Division or other state agencies as it simply helps coordinate the Division's in-progress transition to online renewal applications across all occupations and professions. There will be a minimal cost to the Division of approximately $75 to disseminate this rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: These proposed amendments are not expected to impact local governments as it will not affect local governments' practices or procedures. - SMALL BUSINESSES: The addition of Subsection R156-46b-202(1)(b) will only impact individuals who seek an advance criminal history determination from the Division as authorized by new Section 58-1-310, and it is not expected to impact small businesses. New Subsection R156- 46b-202(2)(e) will help streamline the renewal application experience for most persons and is therefore expected to indirectly benefit almost every person applying for license renewal with the Division, including small business licensees and non-small businesses that are owned by or employ licensees. However, quantifying this indirect impact for the Division's huge variety of renewal applicants is not possible because any savings will vary widely depending on circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The addition of Subsection R156-46b-202(1)(b) will affect an estimated 456 individuals annually who will seek an advance criminal history determination from the Division, but because this categorization merely clarifies the Division's application procedures in accordance with the mandates of Section 58-1-310, it is not expected to impact these persons over and above the impact described in the fiscal note for H.B. (2019), available online at: https://le.utah.gov/~2019/bills/static/HB0090.html. New Subsection R156- 46b-202(2)(e) will help streamline the renewal application experience for most persons and is therefore expected to indirectly benefit almost every person applying for license renewal with the Division. However, quantifying this indirect impact for the Division's huge variety of renewal applicants is not possible because any savings will vary widely depending on circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division estimates that the addition of Subsection R156-46b-202(2)(e) will impose no compliance costs on any affected persons, and that the addition of Subsection R156-46b- 202(1)(b) will have no compliance costs for any persons over and above that already included in the fiscal note for H.B. 90 (2019). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Division proposes these amendments to clarify the procedures for a criminal history determination made by the Division pursuant to new Section 58-1-310 enacted by H.B. 90 (2019), and to help coordinate the Division's transition to online renewal applications. New Subsection R156-46b-202(1)(b) categorizes as "informal" adjudicative proceedings an approval or denial of an application for a criminal history determination, and a favorable or unfavorable determination based on an application for criminal history determination. New Subsection R156-46b-202(2)(e) categorizes as "informal" adjudicative proceedings disciplinary proceedings initiated by a notice of agency action concerning evaluation or verification of documentation showing completion of or compliance with renewal requirements under Section 58-1-308(4)(b). Nonsubstantive formatting changes are also made throughout this section for clarity. Small Businesses (less than 50 employees): The addition of Subsection R156-46b-202(1)(b) will only impact individuals who seek an advance criminal history determination from the Division as authorized by new Section 58-1-310, and it is not expected to impact small businesses. New Subsection R156-46b-202(2)(e) will help streamline the renewal application experience for most persons and is therefore expected to indirectly benefit every person applying for license renewal with the Division, including small business licensees and small businesses that are owned by or employ licensees. However, quantifying this indirect impact for the Division's renewal applicants is not possible because any savings will vary depending on circumstances. Non-Small Businesses (50 or more employees): The addition of Subsection R156-46b-202(1)(b) will only impact individuals who seek an advance criminal history determination from the Division as authorized by new Section 58-1-310, and it is not expected to impact non-small businesses. New Subsection R156-46b-202(2)(e) will help streamline the renewal application experience for most persons and is therefore expected to indirectly benefit almost every person applying for license renewal with the Division, including non-small business licensees and non-small businesses that are owned by or employ licensees. However, quantifying any indirect impact for the Division's renewal applicants is not possible because any savings will vary depending on circumstances. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Deborah Blackburn by phone at 801-530-6060, by FAX at 801-530-6511, or by Internet E-mail at deborahblackburn@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/03/2019 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44154.htm No. 44137 (Amendment): R156-67. Utah Medical Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-67-502(17), this proposed amendment includes the definition of unprofessional conduct for physicians failing to discuss the risks of using an opiate with a patient or the patient's guardian before issuing an initial opiate prescription in accordance with Section 58-37-19. In Section R156-67-503, this proposed amendment adds to the unprofessional conduct rule and fine schedule for physicians to include the following sanctions for a physician who violates Subsections 58-67-502(1)(d) or R156-67-502(17): initial offense $500 to $1,500; second offense $1,500 to $5,000. In addition, these amendments replace the fine schedule language with a table listing the reference and fine. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No negative fiscal impact to the state is expected beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to disseminate this rule once these proposed amendments are made effective. 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 is available at: https://le.utah.gov/~2018S3/bills/static/HB3001.html. Any fines levied would be paid into the Physicians Education Fund. - 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 licensed physicians practicing in Utah, which may indirectly affect the estimated 1,933 small businesses in Utah comprising establishments of licensed physicians or who employ licensed physicians, such as private or group practices, hospitals, or medical centers (NAICS 621110, 621420, 621112, 622210, and 622310). However, these proposed amendments are not expected to result in any measurable fiscal impact to small businesses. First, these amendments only impose a penalty for noncompliance with the Utah Code requirements, and the practices of most small businesses are, or should be, already consistent with existing requirements. Second, these proposed 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 11,247 licensed physicians 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 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 person from these proposed amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As authorized by Sections 58-1-502 and 58-67-503, the Physicians Licensing Board recommends these proposed amendments to provide a monetary fine for a physician that acts unprofessionally in failing to provide an opiate prescription consultation in accordance with new Section 58-37-19, which was originally enacted by H.B. 191 (2019). As a means of deterrence, this rule provides a monetary fine for a physician that violates Subsection 58-67-502(1)(d) enacted by H.B. 3001 (2018). Small Businesses (less than 50 employees): These proposed amendments will regulate licensed physicians practicing in Utah, which may indirectly affect the estimated 1,933 small businesses in Utah comprising establishments of licensed physicians or who employ licensed physicians, such as private or group practices, hospitals, or medical centers (NAICS 621110, 621420, 621112, 622210, and 622310). However, these proposed amendments are not expected to result in any measurable fiscal impact to small businesses. First, these amendments only impose a penalty for noncompliance with the Utah Code requirements, which practices are already consistent with existing requirements. Second, these proposed 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; 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 licensed physicians practicing in Utah, which may indirectly affect 169 non-small businesses in Utah organizations with licensed physicians such as hospitals or medical centers (NAICS 621110, 622210, 621111, 621112, 622310). 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 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/03/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44137.htm No. 44138 (Amendment): R156-68. Utah Osteopathic Medical Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-68-502(16), this proposed amendment includes the definition of unprofessional conduct for physicians failing to discuss the risks of using an opiate with a patient or the patient's guardian before issuing an initial opiate prescription in accordance with Section 58-37-19. In Section R156-68-503, this proposed amendment adds to the unprofessional conduct rule and fine schedule for physicians to include the following sanctions for a physician who violates Subsections 58-68-502(1)(d) or R156-68-502(16): initial offense $500 to $1,500; second offense $1,500 to $5,000. In addition, the amendments replace the fine schedule language with a table listing the reference and fine. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No negative fiscal impact to the state is expected beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to disseminate this rule once these proposed amendments are made effective. 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 is available at: https://le.utah.gov/~2018S3/bills/static/HB3001.html. Any fines levied would be paid into the Physicians Education Fund. The Division estimates that these proposed amendment 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. - 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 licensed physicians practicing in Utah, which may indirectly affect the estimated 1,933 small businesses in Utah comprising establishments of licensed physicians or who employ licensed physicians, such as private or group practices, hospitals, or medical centers (NAICS 621110, 621420, 621112, 622210, and 622310). However, these proposed amendments are not expected to result in any measurable fiscal impact to small businesses. First, these amendments only impose a penalty for noncompliance with the Utah Code requirements, and the practices of most small businesses are, or should be, already consistent with existing requirements. Second, these proposed 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 1,222 licensed osteopathic physicians 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 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: As authorized by Sections 58-1-502 and 58-68-503, the Osteopathic Physicians and Surgeons Board recommends these proposed amendments for a monetary fine for a physician that fails to provide an opiate prescription consultation in accordance with new Section 58-37-19, which was enacted by H.B. 191 (2019), and to provide a monetary fine for a physician that violates Subsection 58-68-502(1)(d) as enacted by H.B. 3001 (2018). Small Businesses (less than 50 employees): These proposed amendments will regulate licensed physicians practicing in Utah, which may indirectly affect the estimated 1,933 small businesses of Utah licensed physicians or who employ licensed physicians, such as private or group practices, hospitals, or medical centers (NAICS 621110, 621420, 621112, 622210, and 622310). However, these proposed amendments are not expected to result in any measurable fiscal impact to small businesses. First, these amendment only impose a penalty for noncompliance with the Utah Code requirements, and the practices of most small businesses should be consistent with existing requirements. Second, these proposed 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 as these are unforeseeable; 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 licensed physicians practicing in Utah, which may indirectly affect 169 non-small businesses in Utah comprising establishments of licensed physicians or who employ licensed physician, such as hospitals or medical centers (NAICS 621110, 622210, 621111, 621112, 622310). 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 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/03/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44138.htm GOVERNOR ECONOMIC DEVELOPMENT No. 44179 (Amendment): R357-5. Motion Picture Incentive. SUMMARY OF THE RULE OR CHANGE: Section R357-5-102 is updated to create new definitions, update existing definitions and delete obsolete definitions that will be used to administer the program. Sections R357- 5-103, R357-5-104, and R357-5-106 are updated to add clarity for administration of the program. Section R357-5-108 is deleted because it is obsolete. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. These changes merely codify the procedures the Governor's Office of Economic Development (Office) will use to administer the program. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments because local governments are not required to comply with or enforce this rule. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses because this proposed amendment does not create new obligations for small businesses, nor does it increase the costs associated with any existing obligation. Participation in the program is optional. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities, nor does it increase the costs associated with any existing obligation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because participation in the program is optional. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rules will have no impact on businesses. The purpose of this rule filing is to clarify the standards for participation in the program. Additionally, participation in the program is optional. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44179.htm No. 44174 (New Rule): R357-16a. Restoration Recreation Infrastructure Grant Program Rule. SUMMARY OF THE RULE OR CHANGE: Section R357-16a-102 creates definitions that will be used to administer the Program. Section R357-16a-103 references the authority granted in the statutory language that permits rulewriting. Section R357-16a-104 outlines the application form and submission process. Section R357-16a-105 establishes the eligible entities. Section R357-16a-106 establishes the eligibility criteria. Section R357-16a-107 outlines the method and formula for determining grant recipients. Section R357-16a-107 establishes the reporting and reimbursement requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. This rule is merely creating the requirements for the Restoration Recreation Infrastructure Grant Program that was created by the passing of S.B. 249 (2019). - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments because local governments are not required to comply with or enforce this rule. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses because this proposed rule does not create new obligations for small businesses, nor does it increase the costs associated with any existing obligation. Participation in the Program is optional. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this proposed rule does not create new obligations for persons other than small businesses, businesses, or local government entities, nor does it increase the costs associated with any existing obligation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because participation in the Program is optional. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule implements S.B. 249 (2019) which created the Restoration Recreation Infrastructure Grant Program. The purpose of this rule filing is to clarify the standards for participation in the Program. This rule will have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44174.htm No. 44169 (New Rule): R357-27. Community Reinvestment Agency Report Rule. SUMMARY OF THE RULE OR CHANGE: Section R357-27-101 outlines the authority for drafting the rule. Section R357-27-102 reserves the section for a fee schedule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Any cost to the state budget will be offset by fees paid by the community reinvestment agencies to administer the database. - LOCAL GOVERNMENTS: This rule filing does not cause local governments to incur costs. This rule filing is merely a place holder for a fee schedule that will be established in the future. Once the fee schedule is established the actual costs will be codified in a rule amendment. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. 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: S.B. 56 (2019) passed and required the Governor's Office of Economic Development (Office) to create a publicly accessible database to track information about each community reinvestment agency by June 30, 2021. At this time, the Office is evaluating the administration of the database and is gathering the necessary data in preparation for launch prior to June 23, 2021. This rule filing is to meet the rulemaking requirement set forth in Subsection 17C-1-603(2)(b) and to reserve the section for which a fee schedule will be placed. After actual costs are established, a rule amendment will be filed to codify the fee schedule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44169.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 44168 (Amendment): R414-23. Provider Enrollment. SUMMARY OF THE RULE OR CHANGE: This amendment includes a section on auto closure relative to revalidation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget as this change only implements current revalidation policy. It neither affects member services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide services under the Medicaid program. - SMALL BUSINESSES: There is no impact on small businesses as this change only implements current revalidation policy. It neither affects member services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no new impact on Medicaid providers and Medicaid members as this change only implements current revalidation policy. It neither affects member services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member as this change only implements current revalidation policy. It neither affects member services nor provider reimbursement. 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 amendment 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 12/16/2019 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: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44168.htm No. 44172 (Amendment): R414-60. Medicaid Policy for Pharmacy Program. SUMMARY OF THE RULE OR CHANGE: This amendment removes provisions of the Hemophilia Disease Management Program as it has historically existed, as the sole-source contract for this program expires after December 31, 2019. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department estimates net savings to be about $304,250 to its budget for this rule change and accompanying reimbursement methodology changes. The current sole-source provider of hemophilia factor (the University of Utah) will see a loss in revenue with the termination of the sole-source contract, which accounts for the case management costs and the factor dispensing fee. - LOCAL GOVERNMENTS: There is no impact on local governments because they do not fund or provide pharmacy services under the Medicaid program. - SMALL BUSINESSES: Small businesses may see a gain in shared revenue as any willing pharmacy provider will be able to dispense hemophilia factor to Medicaid members. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Businesses may see a gain in shared revenue as any willing pharmacy provider will be able to dispense hemophilia factor to Medicaid members. Accountable Care Organizations (ACOs) may incur some additional administrative costs, to the extent additional case management is provided for this population. COMPLIANCE COSTS FOR AFFECTED PERSONS: The sole-source provider of clotting factor will see a loss in revenue with the termination of the sole-source provider contract, while a single ACO may incur some additional administrative costs for any additional case management done for this population. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: While one state-owned provider will see a loss in revenue with the termination of the sole-source contract, other businesses will see revenue increases when they dispense hemophilia factor to Medicaid members. After conducting a thorough analysis, it was determined that this proposed rule will result in an overall increase in revenue to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 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: 01/01/2020 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44172.htm No. 44173 (Amendment): R414-60. Medicaid Policy for Pharmacy Program. SUMMARY OF THE RULE OR CHANGE: This amendment implements safeguards for opioid use that include quantity restrictions, restrictions on morphine, restrictions on opioids used in combination with higher-risk medications, and strategies to manage antipsychotic medications prescribed to Medicaid members who are 19 years of age or younger. This amendment also clarifies the time limit for claims for covered outpatient drugs, clarifies coverage for cough and cold preparations, removes provisions for the Primary Care Network, clarifies the length of coverage for long- acting injectable antipsychotic drugs, and clarifies prescription drugs not covered by Medicaid. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because there are no additional program costs to implement opioid-use safeguards, and the other clarifications do not affect current or future appropriations. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund or provide pharmacy services under the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because there are no additional program costs to implement opioid-use safeguards, and the other clarifications do not affect current or future appropriations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because there are no additional program costs to implement opioid-use safeguards, and the other clarifications do not affect current or future appropriations. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because there are no additional program costs to implement opioid-use safeguards, and the other clarifications do not affect current or future appropriations. 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 amendment 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 12/16/2019 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: 01/01/2020 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44173.htm No. 44185 (Amendment): R414-302. Eligibility Requirements. SUMMARY OF THE RULE OR CHANGE: This amendment implements a suspension of Medicaid coverage for incarcerated individuals, but neither denies nor terminates their eligibility. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because the suspension of Medicaid coverage neither affects current nor future appropriations. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor determine eligibility under the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because the suspension of Medicaid coverage neither affects current nor future appropriations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because the suspension of Medicaid coverage neither affects current nor future appropriations. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because the suspension of Medicaid coverage neither affects current nor future appropriations. 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 amendment 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 12/16/2019 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: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44185.htm No. 44184 (Amendment): R414-308. Application, Eligibility Determinations and Improper Medical Assistance. SUMMARY OF THE RULE OR CHANGE: This amendment implements a suspension of Medicaid coverage for incarcerated individuals, but neither denies nor terminates their eligibility. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because the suspension of Medicaid coverage neither affects current nor future appropriations. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor determine eligibility under the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because the suspension of Medicaid coverage neither affects current nor future appropriations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because the suspension of Medicaid coverage neither affects current nor future appropriations. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because the suspension of Medicaid coverage neither affects current nor future appropriations. 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 amendment 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 12/16/2019 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: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44184.htm HUMAN SERVICES ADMINISTRATION No. 44151 (Amendment): R495-879. Parental Support for Children in Care. SUMMARY OF THE RULE OR CHANGE: Rule R495-879 is updated so that ORS is no longer required to establish an order (or paternity) if the requesting agency intends to waive support for both parents. This rule is also updated to remove ORS from the process for determining good cause, and the sections regarding in-kind support and extended visitation were removed completely. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Amendments being made to this rule will affect the process that ORS uses to determine good cause. For Fiscal Year (FY) 2017-2018, ORS did 53 waivers; for FY 2018-2019, ORS did 43 waivers; so far for FY 2019-2020, ORS has done 11 waivers (on pace to work 52 waivers). This averages out to be 49 waivers per year. Each waiver currently takes approximately 60 minutes to review, research, and complete. ORS will still need to process requests, which should take at most 15 minutes. Eliminating the need for ORS to work these waivers will save the state. Time spent on processing these requests will save the state approximately $1,148.44 per year. - LOCAL GOVERNMENTS: Administrative rules of the ORS do not apply to local governments. This rule outlines ORS's responsibilities in regards to children in the care or custody of the state, and includes the process for requesting agencies to waive child support due to good cause. Therefore, there are no anticipated costs or savings for local governments due to these amendments. - SMALL BUSINESSES: Due to the nature of this amendment and in regards to how it will impact ORS, there are no anticipated costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Due to the nature of this amendment and in regards to how it will impact ORS, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated or estimated compliance costs for affected 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 these rule changes will result in a fiscal savings to the ORS. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44151.htm CHILD AND FAMILY SERVICES No. 44139 (New Rule): R512-77. Child and Family Services Records. SUMMARY OF THE RULE OR CHANGE: This rule is created to define the nature of confidential information to be safeguarded by Child and Family Services, as well as to provide access to information regarding payments for services offered by Child and Family Services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impact on state government revenues or expenditures as the proposed language implements S.B. 108 (2019). - LOCAL GOVERNMENTS: There is little or no impact to local governments due to this rule. This rule implements S.B. 108 (2019). - SMALL BUSINESSES: There is little or no impact to small businesses due to this rule. This rule implements S.B. 108 (2019). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is little or no impact to other persons due to this rule. This rule implements S.B. 108 (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 this proposed rule will not result in a fiscal impact to businesses because this rule defines the nature of confidential information to be safeguarded by Child and Family Services, as well as provides access to information regarding payments for services offered by Child and Family Services. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44139.htm No. 44140 (Amendment): R512-500. Kinship Services, Placement and Background Screening. SUMMARY OF THE RULE OR CHANGE: These proposed changes bring this rule in-line with S.B. 47 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed changes are not expected to have any fiscal impact on state government revenues or expenditures as the revised language brings this rule current to language in S.B. 47 (2019). - LOCAL GOVERNMENTS: There is little or no impact to local governments due to these rule changes. These revisions bring this rule in-line with S.B. 47 (2019). - SMALL BUSINESSES: There is little or no impact to small businesses due to this rule modification. These revisions bring this rule in-line with S.B. 47 (2019). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is little or no impact to other persons due to the revisions made to this rule. These revisions bring this rule in-line with S.B. 47 (2019). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing these 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 changes will not result in a fiscal impact to small or non-small businesses because this rule establishes standards for kinship placement for a child who is in Child and Family Services custody, including Preliminary Placement, evaluation of kinship caregiver capacity for ongoing care, and background screening. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44140.htm INSURANCE ADMINISTRATION No. 44176 (Amendment): R590-76. Health Maintenance Organizations and Limited Health Plans. SUMMARY OF THE RULE OR CHANGE: The changes clarify that this rule does not apply to an Health Maintenance Organization (HMO) contract that is subject to Rule R590-277; corrects references to Title 31A, Chapter 8; changes the timeframe for delivery of a group contract or evidence of coverage to be delivered within 90 days of the effective date of coverage; clarifies references to the Utah Department of Health; and updates severability clause to be consistent with more current rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because insurers are already complying with the provisions of this rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings for local governments because the only affected persons are insurers, and they are already complying with the provisions of this rule. - SMALL BUSINESSES: There is no anticipated cost or savings for small businesses because the only affected persons are insurers, and they are already complying with the provisions of this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings for any other persons because the only affected persons are insurers, and they are already complying with the provisions of this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for any affected persons because the only affected persons are insurers, and they are already complying with the provisions of this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough fiscal analysis, it was determined that these proposed rule changes 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 12/16/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44176.htm No. 44177 (Amendment): R590-233-2. Purpose and Scope. SUMMARY OF THE RULE OR CHANGE: This change clarifies that an insurance policy form that is subject to Rule R590-277, Managed Care Health Benefit Plan Policy Standards, is not subject to this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to state budget because insurers are already complying with the provisions of this rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings for local governments because the only affected persons are insurers, and they are already complying with the provisions of this rule. - SMALL BUSINESSES: There is no anticipated cost or savings for small businesses because the only affected persons are insurers, and they are already complying with the provisions of this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings for any other persons because the only affected persons are insurers, and they are already complying with the provisions of this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for any affected persons because the only affected persons are insurers, and they are already complying with the provisions of this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this 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 12/16/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44177.htm No. 44178 (Amendment): R590-267. Personal Injury Protection Relative Value Study. SUMMARY OF THE RULE OR CHANGE: This change adds conversion factors and publications for physicians, dentists, and chiropractors to use when determining the reasonable value of services provided to patients on or after January 1, 2020, and removes the factors and publications that were to be used from 2016 through 2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Insurance (Department) will be required to purchase two hard copies of the Relative Values for Dentists (RVD) 2019 at $260 each and two copies of the Relative Values for Physicians (RVP) 2019 at $330 each. These publications are incorporated by reference. One copy will be maintained by the Department and one copy will be maintained by the Office of Administrative Rules per rulemaking requirements. - LOCAL GOVERNMENTS: There will be no cost or savings to local governments. This rule covers the method by which providers determine the reasonable value of services they provide to consumers. - SMALL BUSINESSES: Medical, dental, and chiropractic offices that provide services for individuals insured in auto accidents may purchase individually, or as a group, the RVD 2019 or RVP 2019 publication that is incorporated by reference in this rule. The cost of the RVD 2019 is $260 for a hard copy. The cost of the RVP 2019 is $330 for a hard copy. By using the publication with the conversion factors in this rule, they will be able to determine the reasonable charges for services they provide to those injured in automobile accidents. The Department is in the process of securing with the publisher a 50% discount for purchasers in Utah. While the Department is quite confident that it will continue as it has for the past six years, the discount has not been finalized yet. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Auto insurers (or those they contract with to service their claims) and health care providers may purchase the RVD 2019 or RVP 2019 publication that is incorporated by reference in this rule. The cost of the RVD 2019 is $260 for a hard copy. The cost of the RVP 2019 is $330 for a hard copy. By using the publication with the conversion factors in this rule, they will be able to determine the reasonable charges of medical and dental services they are required to reimburse providers for treatment under personal injury protection coverage in Utah. The Department is in the process of securing with the publisher a 50% discount for purchasers in Utah. While the Department is quite confident that it will continue as it has for the past six years, the discount has not been finalized yet. Optum, the company that publishes the RVP 2019 and RVD 2019, will benefit from increased sales of these products. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons may purchase the RVD 2019 or RVP 2019 publication that is incorporated by reference in this rule. The cost of the RVD 2019 is $260 for a hard copy, while the RVP 2019 is $330 for a hard copy. The Department is sensitive to this compliance cost and it expects to arrange a 50% discount for purchasers with a Utah address, as has been arranged in prior years, to help ameliorate any adverse costs on small businesses. Additionally, as required by rulemaking guidelines, both publications will be available for review by affected persons at the Department and the Office of Administrative Rules at no charge. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: A number of businesses will have a fiscal impact as a result of this rule. Small businesses (including medical, dental, and chiropractic offices) and larger businesses (such as auto and health insurers) may choose to purchase the RVD 2019 or RVP 2019 publication that is incorporated by reference in this rule. The cost of the RVD 2019 is $260 for a hard copy. The cost of the RVP 2019 is $330 for a hard copy. The Department is sensitive to this compliance cost and it expects to arrange a 50% discount for purchasers with a Utah address, as has been arranged in prior years, to help ameliorate any adverse costs on small businesses. Additionally, as required by rulemaking guidelines, both publications will be available for review by affected persons at the Department and the Office of Administrative Rules at no charge. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Approximately 4,183 businesses in Utah may be impacted by this rule. This includes physician, dental, and chiropractic offices, as well as medical and auto insurers. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Approximately 4,076 small businesses in Utah may be impacted by this rule. This includes physician, dental, and chiropractic offices which generally have fewer than 50 employees. The Department is sensitive to this compliance cost and it expects to arrange a 50% discount for purchasers with a Utah address, as has been arranged in prior years, to help ameliorate any adverse costs on small businesses. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: Affected persons may purchase the RVD 2019 or RVP 2019 publication that is incorporated by reference in the rule. The cost of the RVD 2019 is $260 for a hard copy, while the RVP 2019 is $330 for a hard copy. Small businesses (physicians, dentists, chiropractors) are likely to purchase one publication or the other, depending on their specialization. The net one-time cost for small businesses as a whole may be $1,252,480. Larger businesses (insurers) may purchase both publications as well. The net one-time cost for larger businesses as a whole may be $63,130. The net one-time cost for all affected persons (small businesses and large businesses) may be $1,316,790. However, the Department expects to arrange a 50% discount for purchasers with a Utah address, as has been arranged in prior years. It is also important to note that the Department makes its copies of the RVD and RVP available to any affected parties for free viewing in the Department's offices. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: The above analysis represents the Department's best estimate of the fiscal impact that this rule may have on businesses. Because the analysis did not include the expected 50% discount, the actual impact is expected to be much lower. Affected persons are also welcome to review both publications at the Department's offices at no cost. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44178.htm No. 44180 (New Rule): R590-282. Pharmacy Benefit Managers. SUMMARY OF THE RULE OR CHANGE: This rule defines terms, provides licensing requirements, establishes the format for data submission to the Utah Insurance Department, and provides the date the information is due. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There may be slight savings to the state budget. The administrative cost of processing PBM licenses is approximately $35,000 per year. Having a rule for applicant filings will help keep these costs down because it will reduce the time required to follow up on incomplete applications. This rule covers licensing requirements and the format for data submission to the Commissioner. There will be a minimal increase in employee time spent processing the data that is received by the Commissioner, but this will be covered by existing FTEs. - LOCAL GOVERNMENTS: There will be no cost or savings to local governments because this rule governs only the relationship between the state and certain licensees. - SMALL BUSINESSES: Most PBMs are not small businesses. For those PBMs considered to be a small business, the administrative cost to process the license renewal payment each year will be minimal. The cost of the annual license fee will be $1,050 per year. There will also be a cost to businesses in the form of work hours spent complying with the data reporting requirements, but this cost cannot be quantified because it is unique to each company. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Administrative costs to licensees of the annual payment of the license fee should be nominal. The cost of the annual license fee will be $1,050 per year. There will also be a cost to businesses in the form of work hours spent complying with the data reporting requirements, but this cost cannot be quantified because it is unique to each company. COMPLIANCE COSTS FOR AFFECTED PERSONS: Administrative costs to licensees of the annual payment of the license fee should be nominal. The cost of the annual license fee will be $1,050 per year. There will also be a cost to businesses in the form of work hours spent complying with the data reporting requirements, but this cost cannot be quantified because it is unique to each company. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: Yes, there is a fiscal impact to a licensed PBM business. However, the majority of the fiscal impact comes from the required fee rule and not the application rule. In other words, the fiscal impact results from the license fee of $1,050 which is assessed annually. There will also be a cost to businesses in the form of work hours spent complying with the data reporting requirements, but this cost cannot be quantified because it is unique to each company. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: There are 30 PBM businesses that will submit an application. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The Department estimates that there may be two small businesses that submit an application. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: This rule is required by statute under H.B. 370 (2019). Because this rule describes the method of data reporting, there may be a cost to businesses to prepare the data and report it. The data already exists in a company's records; the cost would be the time it takes to create the report and send it to the Department. This cost cannot be quantified because it is unique to each company. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: The above analysis represents the Department's best estimate of the fiscal impact that this rule may have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44180.htm No. 44181 (New Rule): R590-283. Defrayal of State-Required Benefits. SUMMARY OF THE RULE OR CHANGE: Carriers must make appropriate changes to federal templates to ensure they are not double paid for state-mandated benefits. Carriers must provide data to the Department of Insurance (Department) so that the Department can estimate the amount defrayable for state-mandated benefits. The state will pay for state-mandated benefits based on the average cost of those benefits per affected person per month. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The only state-mandated benefit currently required to be defrayed is for autism ABA therapy in the individual market. Carriers have provided estimates of the cost of ABA therapy for the whole market that range between $700,000 and $20,000,000 (with the most probable estimates between $700,000 and $2,800,000). - LOCAL GOVERNMENTS: There is no anticipated cost or savings to the local governments. This rule deals with the relationship between state government and health insurers in the state. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule deals with the relationship between state government and health insurers in the state, all of which are large businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individual market participants will see a small decrease in their premiums (ranging from 0.003% to 2.1% depending on the carrier). Carriers participating in the individual market have reduced their premiums in recognition of the state defraying the cost of the ABA therapy. COMPLIANCE COSTS FOR AFFECTED PERSONS: Carriers participating in the individual market will have negligible reporting costs because they need to submit claims to the state periodically to receive payment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: Yes. Insurance carriers participating in the individual market were required to reduce premiums by the amount they expect to receive from the state defrayal of autism benefits. They expect to receive roughly an equivalent amount from the state. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: There are five businesses in the state that will be impacted by this rule. All of these businesses are non-small businesses. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: None. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: Carriers in the individual market have reduced their premiums by about $1,800,000 in anticipation of receiving approximately that amount back from the state in defrayal payments. Carriers will recognize some costs in the form of interest discounting because the defrayal payments are paid in arrears. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: The above analysis represents the Department's best estimate of the fiscal impact that this rule may have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44181.htm TITLE AND ESCROW COMMISSION No. 44175 (Amendment): R592-11. Title Insurance Producer Annual and Controlled Business Reports. SUMMARY OF THE RULE OR CHANGE: Controlled business information is no longer required in the annual report. A title insurance agency's commercial financial information is no longer required in the annual report. A streamlined report form is provided for title insurance agencies to use. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department spent a very small amount of time reviewing controlled business and commercial financial information. There may be minimal cost savings because the statute no longer requires the Department to review that information. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This rule change governs only the relationship between the Department and its title insurance licensees. - SMALL BUSINESSES: Title insurance agencies may have incurred costs in gathering and reporting controlled business and commercial financial information to the Department. This amendment eliminates the need to incur those costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. This rule change governs only the relationship between the Department and its title insurance licensees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. This amendment requires no additional work or reporting. If anything, affected persons may see a slight reduction in costs as a result of this amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule amendment 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 12/16/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44175.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 44158 (Amendment): R612-300. Workers' Compensation Rules - Medical Care. SUMMARY OF THE RULE OR CHANGE: The amendment incorporates by reference current versions of the RBRVS, and adjusts certain conversion factors related to anesthesiology from $62 to $68 and other surgery from $43 to $53 per unit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed amendment will impose no additional administrative or enforcement costs on the Labor Commission, which is the state agency charged with administering and enforcing Utah's workers' compensation system. The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.2% as a result of adoption of the new conversion factors. The Commission presumes that this increase will be passed on to the state in increased workers' compensation insurance premiums. - LOCAL GOVERNMENTS: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.2% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to local governments in increased workers' compensation insurance premiums. - SMALL BUSINESSES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.2% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to all employers, including small businesses, in increased workers' compensation insurance premiums. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.2% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to consumers. COMPLIANCE COSTS FOR AFFECTED PERSONS: Workers' compensation insurance carriers and those providing medical services to injured workers will be affected by this proposed amendment. Because the RBRVS and Current Procedural Terminology (CPT) systems are already used throughout the health care industry, insurance carriers, and medical providers already receive and use updates to those systems. The Commission does not anticipate that the updates required by this rule amendment will result in any additional compliance costs for those entities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The workers' compensation system uses the same relative value (RBRVS) and coding (CPT) systems that are generally used throughout the health industry. Periodically, the RBRVS and CPT systems are updated. It is therefore necessary for the Commission to also adopt those changes and adjust its conversion factors relating to certain medical specialties in order to 1) avoid confusion and 2) provide adequate payment for medical care provided to injured workers. This year, the modifications to the conversion factors will result in increased payments for some medical services. These increases will very likely be factored in to workers' compensation insurance premiums but may be offset by reductions in the RBRVS values. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44158.htm No. 44159 (Amendment): R612-400-5. Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund. SUMMARY OF THE RULE OR CHANGE: This rule filing establishes the premium rates for 2020 at 0.50% for the Uninsured Employers' Fund and 1.5% for the Employers' Reinsurance Fund. This is an overall decrease in the rates of 0.25%. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a cost savings to the state budget as the overall premium rate will go down. - LOCAL GOVERNMENTS: There will be a cost savings to local governments as the overall premium rate will go down. - SMALL BUSINESSES: There will be cost savings to small businesses as the overall premium rate will go down. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that there will be a cost or savings to persons other than small businesses, businesses, or local government entities, because the assessment is against workers' compensation insurance premiums paid by employers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be an overall cost savings to affected persons, because the assessment rate will go down by 0.25%. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be an overall cost savings to affected persons, because the assessment rate will go down by 0.25%. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2020 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44159.htm OCCUPATIONAL SAFETY AND HEALTH No. 44170 (Repeal and Reenact): R614-1. General Provisions. SUMMARY OF THE RULE OR CHANGE: The 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. The second change is defining disabling, serious, or significant injury. The third change is deleting duplicate definitions (found in incorporated standards or Utah Occupational Safety and Health (OSH) Act). The fourth change is deleting language referring to workers' compensation coverage and benefits. The fifth change is deleting language either duplicated in Rule R614-1 or incorporated by Section R614-1-4. The sixth change is moving language into appropriate sections of Rule R614-1. The seventh change is removing language containing recommendations, "should" and other nonsubstantial verbiage. The eighth change is removing language related to intoxicated persons and intoxicating liquor. The ninth change is changing and making consistent names, titles, and acronyms. The tenth change is replacing reference from Standard Industrial Classification to North American Industry Classification. The eleventh change is separating and clarifying temporary variance requirements from permanent variance requirements. The 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 NAICS was used to determine employers that would be affected; the NAICS used by local governments does not show work conducted by local 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 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@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 THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44170.htm NATURAL RESOURCES PARKS AND RECREATION No. 44141 (Amendment): R651-207. Registration Fee. SUMMARY OF THE RULE OR CHANGE: The yearly boater registration fee will increase from $30 per year to $40 per year due to the reduction in funding that was appropriated from the Boating Restricted fund to the DWR Aquatic Invasive Species interdiction efforts during the 2019 General Session. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This will cost the state an estimated $5,000 in time and materials in FY20 to adjust the registration database, and to provide outreach materials. The state will see an increase in income by $325,565 for FY20, and $651,130 for FY21 and FY22. The increase was derived by averaging the amount of registered boats in Utah over the calendar years 2016 to 2018 which is 65,113 boats x $10 increase. - LOCAL GOVERNMENTS: This cost increase in registration will not affect local governments. It affects Utah boaters and will cost the state an estimated $5,000 in time and materials to adjust the registration base, but there is no affect to local governments. - SMALL BUSINESSES: This will be an educated estimate on the grounds that the state does not track any data on business vs. private ownership for the registration process of watercraft. To estimate the cost or savings to small businesses, the Division of Parks and Recreation used numbers from a registered livery database. The Division requires businesses that rent watercraft to register with the Division as a livery. This is an estimate due to the Division not tracking the number of employees in this registration process so there can be no delineation between small and non-small businesses. Of those businesses that have registered with the Division as a livery (and rent motorized watercraft) it is determined that 22 of the 50 businesses registered will be affected. The level of this impact will also be estimated as an average because the Division does not track the exact amount of watercraft owned by each business. The estimated number of watercraft affected is 650, which will be a $3,250 increase for FY20 and a $6,500 increase for FY21 due to the 12-month registration cycle and $0 increase FY22 on businesses in the state. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Affected: Yes, subtracting the estimated small business owned watercraft (650) from the total amount of watercraft (65,113) to be affected will be 64,463 watercraft. This will equate to a $322,315 increase (32,556 x $10) for FY20 which is a half a year and a $651,130 increase (65,113 x $10) for full years of FY21 and $651,130 FY22. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons will be an increase of $10 per boat registration per year. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This registration increase should have little impact on businesses but it will cost individual boat owners. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44141.htm No. 44183 (Amendment): R651-611. Fee Schedule. SUMMARY OF THE RULE OR CHANGE: This amendment has two purposes. The first is that the wording "All fees required under this fee schedule are to be paid in advance of occupancy or use of facilities" was removed from this rule inadvertently and needs to be put back into this rule so that county attorneys can prosecute for failure to pay park fee violations. If broken, this rule is an infraction with a minimal fine that can be charge if convicted in court. The alternate citation code park rangers can cite for is Section 76-6-409, which carries a hefty fine of $680 and is a misdemeanor B. A park ranger would cite someone only under this code for action against a habitual, documented offender that refuses to pay park fees after warnings. Park rangers use the lesser charge in Section R651-611-1 to gain compliance from users that are not repeat offenders. Without this amendment, the park rangers would be forced to cite under Section 76-6-409, which is Theft of Services for violators of this rule. Part Two: The fee schedule is set by the Legislature as part of the statute. By removing the fees list from this rule, it will eliminate conflicts between Division rules and statute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to the state budget as this is a wording change only and a formal removal of the fee list because the fee is set by the Legislature and is in statute. - LOCAL GOVERNMENTS: Local governments are not affected by this amendment because wording that was removed inadvertently from the rule affects only violators of a "failure to pay park fee" when visiting a state park. The second part of this amendment does not affect local governments as there is no change in fees, but the list is being removed so as not to be redundant in publishing park fees. The Legislature sets the fees and they are in state statute. - SMALL BUSINESSES: Small businesses are not affected by this amendment because wording that was removed inadvertently from the rule affects only violators of a "failure to pay park fee" when visiting a state park. The second part of this amendment does not affect them either as there is no change in fees. The list is being removed so as not to be redundant in publishing park fees. The Legislature sets the fees and they are part of state statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses are not affected by this amendment because wording is being replaced that was removed inadvertently from the rule affects and only violators of a "failure to pay park fee" when visiting a state park. The second part of this amendment does not affect them either. The fee list is being removed so as not to be redundant in publishing park fees. The Legislature sets the fees and they are part of state statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. Wording that was inadvertently removed from the rule is being replaced and will be helpful to a violator if cited under this rule because the fine won't be as large. The second part of this amendment does not have compliance costs associated with the change as the list is being removed only from this rule and is part of state statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment should not impact businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44183.htm No. 44186 (Amendment): R651-633. Special Closures or Restrictions. SUMMARY OF THE RULE OR CHANGE: Dogs are permitted on leash at Dead Horse Point State Park and permitted on the eight miles of hiking trails in the park. These trails offer hikers much better views and more access to overlooks on the rim and no bikes are allowed. There are very few people that hike the mountain bike trails and the separation significantly reduces potential user conflicts. Currently, staff and all park information states that dogs are not permitted on the Intrepid Trail System but this is a park imposed rule, not an official one. The same is true of the hiking only rules on the hiking trails. Allowing dogs on the Intrepid Trail System could be dangerous and it would be difficult to enforce the leash rule. There are several commercial outfitters that guide clients on the trail, and sell it as one of the best beginner, non- motorized single track trails in the Moab area. Segregated use has proven to enhance the visitor experience and provides for greater safety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment has no additional fiscal costs or savings to the state budget because it has been unofficially enforced as a park rule for 10 years so no change will take place on the park level. The amendment will provide for greater safety and enhance the visitor experience by segregating use. - LOCAL GOVERNMENTS: Local governments are not affected by this amendment. It is only making the rule official as an administrative rule because it has been enforced by the park for 10 years. - SMALL BUSINESSES: Small businesses are not affected by this amendment. It has been unofficially enforced as a park rule for 10 years. The amendment will provide for greater safety and enhance the visitor experience by segregating use. The amendment will enhance the visitor experience and will provide for greater safety. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses are not affected because it has been unofficially enforced as a park rule for 10 years. The amendment will provide for greater safety and enhance the visitor experience by segregating use. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as the amendment is to provide for greater safety and enhanced user experiences. It has also been an unofficial park rule for 10 years and requires no costs for compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment should have minimal to no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44186.htm No. 44182 (Amendment): R651-634. Nonresident OHV User Permits and Fees. SUMMARY OF THE RULE OR CHANGE: The OHV Program maintains a list of states in which non-residents would need to purchase a Utah non-resident OHV permit. This list is updated annually and disseminated to permit vendors, websites, and potential visitors. Due to the passing of H.B. 105 (2019), OHVs being operated on open designated OHV trails in Utah, would need to display the Utah non-resident permit. The Division will no longer need to create a list of reciprocity states. The removal of this language would bring the Division in compliance with H.B. 105 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost of savings to the state budget. The Division is no longer required to complete a list of reciprocity for Non-Resident Off Highway Vehicles to operate within Utah and this amendment would make the Division compliant with the law. - LOCAL GOVERNMENTS: Local governments are not affected by this amendment because they do not have anything to do with the Division creating a list of reciprocity for non-resident OHVs. Local governments are not affected by the list not being created. - SMALL BUSINESSES: This rule amendment is not expected to affect small businesses' revenues or expenditures, because it removes only language that is identified in the H.B. 105 (2019), which previously required the Division to create an annual list of states reciprocity for OHV use. The Division will no longer be required to create this list as the law has removed reciprocity for all states. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment is not expected to affect other persons. H.B. 105 (2019) removed language that required the Division to create an annual reciprocity list for other states. The Division is no longer required to do that and not creating the list does not affect other persons. The law removed reciprocity with any state for OHV use. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this amendment. The Division is only affected because they no longer need to create a reciprocity list for non-resident OHV vehicles as the law removed reciprocity for all other states. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should have minimal impact on businesses, although it may have an impact on out-of-state OHV use in the state. OHV recreationists will now have to obtain an out-of-state permit. This change in this rule is necessitated by a change in state law. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44182.htm WILDLIFE RESOURCES No. 44144 (Amendment): R657-59. Private Fish Ponds, Short Term Fishing Events, Private Fish Stocking, and Institutional Aquaculture. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule establish criteria for when a hobby aquaponics facility can operate without a Certificate of Registration. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments remove requirements that were time consuming and difficult for a hobby aquaponics operator to follow. The Division of Wildlife Resources (DWR) has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with the existing budget. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or saving impact to local governments because they are not directly affected by these amendments. Nor are local governments indirectly impacted because these amendments do not create a situation requiring services from local governments. - SMALL BUSINESSES: These amendments remove a requirement that was time consuming and difficult for a hobby aquaponics owner. DWR has determined these amendments do not impose any additional requirements on small businesses, nor generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments remove a requirement that was time consuming and difficult for a hobby aquaponics owners. DWR has determined these amendments do not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendments remove requirements that were time consuming and difficult for a hobby aquaponics owner. There are not any additional compliance costs associated with these amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44144.htm PUBLIC SAFETY ADMINISTRATION No. 44171 (Amendment): R698-8. Local Public Safety and Firefighter Surviving Spouse Trust Fund. SUMMARY OF THE RULE OR CHANGE: The passage of S.B. 156 during the 2017 General Session, which was made effective on July 1, 2018, required that all employers participate in the trust fund, rather than participation being voluntary. Changes were made to Section R698-8-4 to reflect this statutory change. In addition, changes were made to Section R698-8-4 to clarify the requirement for eligibility for reimbursement from the trust fund for health care coverage costs provided to a surviving spouse or dependent children as provided in Section 53-17-301. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is not an anticipated cost or savings to the state budget as a result of the changes reflected in this rule amendment because the rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating agency to be eligible for reimbursement from the trust fund. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to local governments as a result of the changes reflected in this rule amendment because this rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating agency to be eligible for reimbursement from the Local Public Safety and Firefighter Surviving Spouse Trust Fund. The statutory language requires that an employer, as defined in Section 49-11-102, participate in the trust fund. If the employer is compliant with statutory requirements to participate, they will be eligible for reimbursement from the trust fund for health coverage costs they are obligated to pay for a surviving spouse or dependent children under Section 53-17-201. If they are not compliant with the statutory requirements to participate in the trust fund, they will not be eligible for reimbursement for the costs, in which case, they will bear the cost for providing the health care coverage for a surviving spouse and dependent children as required under Section 53- 17-201. - SMALL BUSINESSES: There is not an anticipated cost or savings to small businesses as a result of the changes reflected in this rule amendment because this rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating agency to be eligible for reimbursement from the trust fund. Small businesses are not impacted by the Local Public Safety and Firefighter Surviving Spouse Trust Fund. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities as a result of the changes reflected in this rule amendment because this rule is being amended to coordinate with statutory language and to clarify the requirements for a participating agency to be eligible for reimbursement from the Local Public Safety and Firefighter Surviving Spouse Trust Fund. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is not an anticipated compliance cost for affected persons as a result of the changes reflected in this rule amendment because this rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating agency to be eligible for reimbursement from the Local Public Safety and Firefighter Surviving Spouse Trust Fund. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses that will be impacted as a result of the changes in this rule. This rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating law enforcement or firefighter agency to be eligible for reimbursement from the Local Public Safety and Firefighter Surviving Spouse Trust Fund. This rule does not apply to non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44171.htm DRIVER LICENSE No. 44166 (Amendment): R708-7. Functional Ability in Driving: Guidelines for Physicians. SUMMARY OF THE RULE OR CHANGE: The Medical Advisory Board (Board) recommended changes to the Functional Ability Guidelines and Standards which included modifying the titles of some of the categories the Division will follow including, epilepsy which will be known as seizures and psychiatric or emotional conditions which will be known as mental health. The Board recommended removing the hearing and balance category, this condition can be addressed in other areas monitored by a healthcare professional. These changes required the administrative rule be amended to reflect the recommendations made by the Board and adopted by the Division. In addition, the amendment proposes that the Functional Ability Guidelines and Standards would stop being mass printed for the purpose of distribution to Health Care Providers but instead be provided in a digital format to allow for timely, up-to-date revisions. Printed copies of the guidelines will be made available for purchase at Driver License offices. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget as a result of this rule amendment. The Division has previously had the "Functional Ability in Driving: Guidelines and Standards for Health Care Professionals" printed by Utah Correctional Industries. The last printing of the guidelines occurred in 2015 and cost approximately $340, which was transferred from the Utah Driver License Division to Utah Correctional Industries. Due to the fact that the guidelines will no longer be printed in bulk, the cost for printing will no longer need to be deducted from the Division's budget and transferred to Utah Correctional Industries' budget. The Division will still be able to provide an individual a hard copy of the guidelines if requested; however, they will no longer print the guidelines in bulk. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to local governments because this rule amendment removes the text regarding one of the medical categories for which a medical report form was previously required, and specifies that the "Functional Ability in Driving: Guidelines and Standards for Health Care Professionals" will no longer be printed for distribution. This rule change will not have an impact on local governments. - SMALL BUSINESSES: There is not an anticipated cost or savings to small businesses because this rule amendment removes the text regarding one of the medical categories for which a medical report form was previously required, and specifies that the "Functional Ability in Driving: Guidelines and Standards for Health Care Professionals" will no longer be printed for distribution. The guidelines are made available to health care providers and members of the public via the Division's website. The guidelines were previously printed by Utah Correctional Industries and not a small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is an anticipated savings to persons other than small businesses, businesses, or local government entities because a person requesting a hard copy of "Functional Ability in Driving: Guidelines and Standards for Health Care Professionals" will no longer be required to pay a $5 fee to obtain a copy. The guidelines have been published to the Division's website for several years; however, prior to this rule change, if a member of the public requested a hard copy of the guidelines, they had the option to obtain a hard copy for a $5 fee. The language requiring payment of the $5 fee for a copy has been removed from this rule. The Division is unable to determine how many individuals have paid the $5 fee for a hard copy of the guidelines in the past because the information is not available; however, the Division anticipates the number would be relatively low due to the fact that most individuals would have accessed the information through the Division's website. Health care providers were not charged a $5 fee for a copy of the guidelines. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no direct compliance costs by affected persons to the Division. A driver may have costs for an office visit, testing, or the time needed for the health care professional to complete the necessary forms. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses that will be impacted by this rule amendment. This rule amendment removes the text regarding one of the medical categories for which a medical report form was previously required, and specifies that "Functional Ability in Driving: Guidelines And Standards for Health Care Professionals" will no longer be printed for distribution. Health care providers and members of the public are able to view the guidelines via the Division's website. The guidelines were previously printed for the Division by Utah Correctional Industries, and not a small or non-small business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Tara Zamora by phone at 801-964-4483, by FAX at 801-964-4482, or by Internet E-mail at tarazamora@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44166.htm No. 44167 (Amendment): R708-8. Review Process: Driver License Medical Section. SUMMARY OF THE RULE OR CHANGE: The Medical Advisory Board recommended that the Division of Driver License (Division) modify the name of the Functional Ability Guidelines to the Functional Ability in Driving: Guidelines and Standards for Health Care Professionals. This change requires the administrative rule to be updated to reflect the correct title. These amendments also clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review. In addition, changes were made to ease readability in Section R708-8-4 of this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget as a result of these rule amendment because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to local governments as a result of these rule amendments because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review. - SMALL BUSINESSES: There is not an anticipated cost or savings to small businesses as a result of these rule amendments because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities as a result of these rule amendments because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is not an anticipated compliance cost for affected persons as a result of these rule amendments because the purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses that will be impacted by these rule amendments. The purpose of these amendments is to modify the title of the medical guidelines document, and clarify the manner in which the Division will coordinate meetings to review medical evidence in connection with a written request for review. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Tara Zamora by phone at 801-964-4483, by FAX at 801-964-4482, or by Internet E-mail at tarazamora@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44167.htm CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 44164 (Amendment): R722-300. Concealed Firearm Permit and Instructor Rule. SUMMARY OF THE RULE OR CHANGE: The new language in this rule outlines the process by which the Bureau of Criminal Identification (BCI) and the Division of Substance Abuse and Mental Health (DSAMH) will create and distribute a firearm safety and suicide prevention video, and includes the manner in which a concealed firearm permit renewal applicant shall view the video and provide proof to BCI. In addition, the amended language clarifies that a photo submitted in connection with an in person or by mail application for a permit or an instructor permit must have the applicant's name written on the back side of the photo. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: When completing the fiscal note for H.B. 17 (2019), BCI anticipated a possible cost of approximately $3,200 during FY19 for staff time related to producing the video. BCI indicated that the potential cost could be absorbed through BCI's existing budget. - LOCAL GOVERNMENTS: BCI does not anticipate any costs or savings to local governments as a result of enactment of these rule amendments because the changes to this rule address the manner in which BCI and DSAMH are to create and distribute a firearm safety and suicide prevention video for renewal of a concealed firearm permit. - SMALL BUSINESSES: BCI does not anticipate any costs or savings to small businesses as a result of enactment of these rule amendments because the changes to this rule address the manner in which BCI and DSAMH are to create and distribute a firearm safety and suicide prevention video for renewal of a concealed firearm permit. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: BCI does not anticipate any costs or savings to persons other than small businesses, businesses, or local government entities as a result of enactment of these rule amendments because the changes to this rule address the manner in which BCI and DSAMH are to create and distribute a firearm safety and suicide prevention video for renewal of a concealed firearm permit. COMPLIANCE COSTS FOR AFFECTED PERSONS: BCI does not anticipate any compliance costs for affected persons because the firearm safety and suicide prevention video will be offered online in connection with an application for renewal of a concealed firearm permit, or in person at the BCI office in connection with an in person application for renewal of a concealed firearm permit. The video will take an applicant approximately 10 minutes to view. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is anticipated that there will not be a fiscal impact to businesses as a result of the amendments to this rule. This rule amendment addresses the manner in which BCI and DSAMH will coordinate to create and distribute a firearm safety and suicide prevention video for applicants seeking renewal of their concealed firearm permit to view in connection with their application. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4533, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Nicole Borgeson by phone at 801-281-5072, or by Internet E-mail at nshepherd@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44164.htm No. 44163 (New Rule): R722-400. Silver Alert Notification System. SUMMARY OF THE RULE OR CHANGE: This rule outlines the process by which a law enforcement officer or agency may request a Silver Alert through the State Bureau of Criminal Identification (BCI), activation of the Silver Alert Notification System by the Utah Department of Transportation (UDOT), the duration of a Silver Alert once requested by a law enforcement officer or agency, and the process for cancellation of a Silver Alert. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: When completing the fiscal note for H.B. 215 (2019), BCI anticipated a possible cost of approximately $4,900 to implement technology system programming changes. - LOCAL GOVERNMENTS: BCI does not anticipate any costs or savings to local governments as a result of the enactment of this administrative rule because law enforcement officers and agencies that will request a Silver Alert will do so using their existing UCJIS (Utah Criminal Justice Information System) login. No additional equipment or programming will be required in order for them to submit a request. - SMALL BUSINESSES: BCI does not anticipate any costs or savings to small businesses as a result of the enactment of this administrative rule because small businesses will not be submitting a request for a Silver Alert using the system, nor will they be fiscally impacted by law enforcement's use of the system. The system will be used to alert drivers on the highways when an endangered adult is missing in their geographical area. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: BCI does not anticipate any costs or savings to persons other than small businesses, businesses or local government entities as a result of the enactment of this administrative rule because they will not be submitting a request for a Silver Alert using the system, nor will they be fiscally impacted by law enforcement's use of the system. The system will be used to alert drivers on the highways when an endangered adult is missing in their geographical area. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are not any compliance costs for affected persons. There will not be a charge assessed to the missing endangered adult or their family members as a result of an activation of the Silver Alert Notification System for the purposes of assisting with expediting locating them. Law enforcement officers and agencies will utilize the existing UCJIS system to request a Silver Alert, so there will not be compliance costs associated in order for them to submit a request for a Silver Alert. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are not any businesses in Utah that will be impacted as a result of the enactment of this rule. The rule establishes policies, procedures, and a timeline for the request of a Silver Alert, activation of the Silver Alert Notification System, duration of the Silver Alert, and cancellation of a Silver Alert. These functions will be performed by law enforcement, BCI, and UDOT. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4533, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Nicole Borgeson by phone at 801-281-5072, or by Internet E-mail at nshepherd@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44163.htm PEACE OFFICER STANDARDS AND TRAINING No. 44155 (Amendment): R728-409. Suspension, Revocation, or Relinquishment of Certification. SUMMARY OF THE RULE OR CHANGE: These rule changes clarify the definitions for "sexual conduct" and "sexual image" for the purposes of potential action that could be taken with regards to a police officer or dispatcher certification. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Peace Office Standards and Training (POST) does not anticipate any costs or savings to the state budget as a result of these administrative rule changes because these changes only clarify the definitions for "sexual conduct" and "sexual image" for the purposes of potential action that could be taken with regards to a police officer or dispatcher certification. - LOCAL GOVERNMENTS: POST does not anticipate any costs or savings to local governments as a result of these administrative rule changes because these changes only clarify the definitions for "sexual conduct" and "sexual image" for the purposes of potential action that could be taken with regards to a police officer or dispatcher certification. - SMALL BUSINESSES: POST does not anticipate any costs or savings to small businesses as a result of these administrative rule changes because these changes only clarify the definitions for "sexual conduct" and "sexual image" for the purposes of potential action that could be taken with regards to a police officer or dispatcher certification. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: POST does not anticipate any costs or savings to persons other than small businesses, businesses, or local government entities as a result of these administrative rule changes because these changes only clarify the definitions for "sexual conduct" and "sexual image" for the purposes of potential action that could be taken with regards to a police officer or dispatcher certification. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons as a result of these administrative rule changes because these changes only clarify the definitions for "sexual conduct" and "sexual image" for the purposes of potential action that could be taken with regards to a police officer or dispatcher certification. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in Utah that will be impacted as a result of enactment of these rule changes. These rule changes clarify the definitions for "sexual conduct" and "sexual image" for the purposes of potential action that could be taken with regards to a police officer or dispatcher certification. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Scott Stephenson by phone at 801-256-2322, by FAX at 801-256-0600, or by Internet E-mail at sstephen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44155.htm TRANSPORTATION MOTOR CARRIER No. 44146 (Amendment): R909-2. Utah Size and Weight Rule. SUMMARY OF THE RULE OR CHANGE: Major changes in this proposal include: Section R909-2-7 changes accommodate variable load axles in common use in the motor carrier industries. Section R909-2-13 changes make this rule's holiday travel restrictions on motor carriers consistent with public highway travel patterns on holidays that occur or are observed on Mondays. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Transportation (Department) estimates that the state will not experience a fiscal impact related to these proposed amendments because state and federal law already require it to regulate and inspect motor carrier commercial vehicles. These proposed amendments will not change the amount of work required for the Department to meet its responsibilities. - LOCAL GOVERNMENTS: These proposed amendments will not have any fiscal impact on local governments because they do not require anything of local governments. Regulating the motor carrier industry in the subject matter areas of this rule is solely within state jurisdiction. - SMALL BUSINESSES: The Department's research suggests that these proposed changes will not lead to compliance costs to the average impacted motor carrier regardless of size. These proposed changes are technical corrections to this rule. The Department does not believe these corrections will cost the average motor carrier anything. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department estimates these proposed changes will not lead to any fiscal impact on persons other than small businesses, businesses, or local government entities because this rule regulates motor carrier industries and these proposed changes will not lead to a fiscal impact on motor carriers. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments will not lead to compliance costs to the average impacted motor carrier because they do not place any additional requirements on these carriers. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments will not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44146.htm No. 44147 (Amendment): R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation, and Certification. SUMMARY OF THE RULE OR CHANGE: H. B. 228 (2019) included the addition of the definitions of "State impound yard" and "Tow truck motor carrier". A definition of "Tow truck operator" was added to correspond exactly to Section 72-9-102. There is a fee increase for daily storage fees for non-consent, non-police generated for outside storage of light duty, medium duty, and heavy duty towed vehicles at Subsection R909-19- 13(2)(i)(a). Outside storage is: light duty $25 to $40, medium duty $45 to $60, and heavy duty $45 to $60. This amended fee increased by $15 per day to match the storage fees allowed for non-consent towing in the 2019 Towing Fee Schedule, and to standardize storage fees for all tows. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Transportation (Department) estimates that neither it nor the state will experience a fiscal impact related to these proposed amendments because state and federal law already require it to regulate and inspect motor carrier commercial vehicles. These proposed amendments will not change the amount of work required to meet the Department's responsibilities. - LOCAL GOVERNMENTS: The Department estimates these proposed amendments will not cause any fiscal impact to local governments because it only changes how the Department regulates the tow truck motor carrier industry. These proposed amendments do not require local governments to do anything. - SMALL BUSINESSES: All tow truck operators in Utah are small businesses. These proposed amendments provide for a fee increase for daily storage fees for non-consent, non-police generated for outside storage of light duty, medium duty, and heavy duty towed vehicles at Subsection R909-19-13(2)(i)(a). Outside storage is: light duty $25 to $40, medium duty $45 to $60, and heavy duty $45 to $60. These increases are to fees charged by the operators. Therefore, these proposed amendments will have a positive impact to small businesses by increasing their revenues. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not possible to estimate with any degree of accuracy the number of non-consent, non-police generated tow services that will be performed at the increased rate for outside storage. The fee increase will affect and be charged to "other persons", but there is no way of calculating the exact extra amount charged by the tow company, as the fees are calculated by number of days the vehicle is stored, which varies greatly. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected by these proposed amendments will be those vehicle owners who will be required to pay increased fees for daily storage fees for non-consent, non-police generated for outside storage of light duty, medium duty, and heavy duty towed vehicles at Subsection R909-19-13(2)(i)(a). Outside storage is: light duty $25 to $40, medium duty $45 to $60, and heavy duty $45 to $60. It is not possible to estimate with any degree of accuracy the number of non-consent, non-police generated tow services that will be performed at the increased rate for outside storage; no way of calculating the exact extra amount charged by the tow company, as the fees are calculated by number of days the vehicle is stored, which varies greatly. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments should only have a fiscal impact on tow operators, but not on businesses generally. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44147.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 44157 (Amendment): R986-700. Child Care Assistance. SUMMARY OF THE RULE OR CHANGE: The amendment removes Section R986-700- 775, High Quality School Readiness Grant Program, and Section R986-700- 777, Prioritizing Criteria, in their entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The removal of these sections is not expected to have any fiscal impact on state budget revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019). - LOCAL GOVERNMENTS: The removal of these sections is not expected to have any fiscal impact on local governments' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019). - SMALL BUSINESSES: The removal of these sections is not expected to have any fiscal impact on small businesses' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The removal of these sections is not expected to have any fiscal impact on other persons' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019). COMPLIANCE COSTS FOR AFFECTED PERSONS: The removal of these sections will not cause any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After a thorough analysis, it was determined that these proposed rule changes 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 12/16/2019 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: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44157.htm HOUSING AND COMMUNITY DEVELOPMENT No. 44156 (Amendment): R990-100. Community Services Block Grant Rules. SUMMARY OF THE RULE OR CHANGE: This amendment updates legal citations, adds subsections concerning acronyms and definitions, and amends terminology to make it consistent with federal regulation and guidance. This amendment also clarifies subsections concerning: assurances required by the Community Services Block Grant (CSBG) Act, compliance expectations, qualifications, program participant eligibility, funds allocation, the approval process, financial reports and reimbursements, administrative cost, personnel policies, amendments and waivers, program monitoring and evaluations, program reporting requirements, citizen participation, the application process and submission timetable, and budget estimate. This amendment removes the section concerning transfer of funds as that section no longer applies to the program. This amendment removes the section concerning Senate Bill 50 - Sales Tax Refund on Donated Food, as that program has ended. This amendment removes the section concerning general appeals in keeping with federal regulations and guidance, and moves the process for appealing a suspension or termination of funds to the relevant subsection. This amendment reflects current federal law and regulations, state law, and existing Department policy and procedures. This amendment also provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule changes are not expected to have any fiscal impact on state government revenues or expenditures. There are no additional state employees or resources needed to oversee this proposed rule amendment because these changes reflect current law and existing Department policy. - LOCAL GOVERNMENTS: These proposed rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures because the Department is merely changing this rule to reflect current law and existing Department policy. - SMALL BUSINESSES: These proposed rule changes are not expected to have any fiscal impacts on small businesses because the Department is merely changing this rule to reflect current law and existing Department policy. Further, the program does not interact directly or indirectly with small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not expected to have any fiscal impact on other individuals because the Department is merely changing this rule to reflect current law and existing Department policy. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule changes are not expected to cause any compliance costs for affected persons because these proposed rule changes do not create any new administrative fees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After a thorough analysis, it was determined that these proposed rule changes 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 12/16/2019 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: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44156.htm SCHOOL READINESS BOARD No. 44165 (New Rule): R995-100. School Readiness Board. SUMMARY OF THE RULE OR CHANGE: This rule explains the role of the Department of Workforce Services in supporting the SRB and developing grant documentation for various school readiness grants. This rule describes how the Becoming High Quality School Readiness Grant and the Expanded Student Access to High Quality School Readiness Programs Grant will be assessed and monitored. This rule describes how the SRB will implement the tool used to determine whether a preschool program is high quality. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have any fiscal impact on state budget revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019). - LOCAL GOVERNMENTS: This rule is not expected to have any fiscal impact on local governments' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019). - SMALL BUSINESSES: This rule is not expected to have any fiscal impact on small businesses' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have any fiscal impact on other persons' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019). COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule is not expected to cause any compliance costs for affected persons because this proposed rule does not create any new administrative fees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/16/2019 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: 12/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44165.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. AUDITOR ADMINISTRATION No. 44150 (5-year Review): R123-6. Allocation of Money in the Property Tax Valuation Agency Fund. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The State Auditor continues to be charged with the duties outlined in Section 59-2-1603. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Linda Siebenhaar by phone at 801-538-1383, or by Internet E-mail at lsiebenhaar@utah.gov EFFECTIVE: 10/28/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44150.htm NATURAL RESOURCES FORESTRY, FIRE AND STATE LANDS No. 44149 (5-year Review): R652-120. Wildland Fire Responsibilities. 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 outlines the responsibilities of the Division in consultation with local authorities to determine and execute the best method for protecting private and public property with regard to fire control and the preservation of forest watershed, and other lands; along with the authority to enter into cooperative agreements related to fire protection. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 10/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44149.htm WILDLIFE RESOURCES No. 44145 (5-year Review): R657-69. Turkey Depredation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-69 provides the procedures for responding to and verifying reports of material damage caused by turkey; the procedures, standards, requirements, and limits for addressing instances of material damage caused by turkeys; and a description of the various hunts that may be held to minimize future instances of material damage caused by turkeys. This rule is needed for the continued success of the turkey depredation program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 10/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44145.htm PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 44160 (5-year Review): R722-310. Regulation of Bail Bond Recovery and Enforcement Agents. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is authorized under Subsection 53-11-103(5), and is necessary in order to outline application, training, and licensing and renewal requirements for bail bond licenses, identification of licensees, and the adjudicative process with regards to bail bond licenses. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4533, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Nicole Borgeson by phone at 801-281-5072, or by Internet E-mail at nshepherd@utah.gov EFFECTIVE: 10/30/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44160.htm No. 44161 (5-year Review): R722-330. Licensing of Private Investigators. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is authorized under Subsection 53-9-103(6), and is needed in order to outline the process for application, issuance, and renewal of a private investigator license; suspension or revocation of a license; and the classification of records compiled in connection with an investigation or a complaint. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4533, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Nicole Borgeson by phone at 801-281-5072, or by Internet E-mail at nshepherd@utah.gov EFFECTIVE: 10/30/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44161.htm No. 44162 (5-year Review): R722-380. Firearm Background Check Information. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is required under Subsection 76-10-526(11), and is necessary in order to outline the process for completion of a background check for a firearm purchase or transfer, the circumstances under which an individual may appeal a decision made by the Bureau, the process for law enforcement to request a background check prior to the release of a firearm in their custody, and the process for a background check for registration or transfer of an National Firearms Act (NFA) firearm. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4533, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Nicole Borgeson by phone at 801-281-5072, or by Internet E-mail at nshepherd@utah.gov EFFECTIVE: 10/30/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44162.htm PEACE OFFICER STANDARDS AND TRAINING No. 44152 (5-year Review): R728-506. Canine Body Armor 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: This rule is authorized by Section 53-16-302, and is necessary in order to outline the manner in which a law enforcement agency may submit an application to receive funds from the Canine Body Armor Restricted Account, and the information to be included with the application. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Scott Stephenson by phone at 801-256-2322, by FAX at 801-256-0600, or by Internet E-mail at sstephen@utah.gov EFFECTIVE: 10/28/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20191115/44152.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES RECORDS COMMITTEE No. 43767 (AMD): R35-1-2.Procedures for Appeal Hearings Published: 07/01/2019 Effective: 10/18/2019 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 44030 (AMD): R156-15A.State Construction Code Administration and Adoption of Approved State Construction Code Rule Published: 09/15/2019 Effective: 10/22/2019 GOVERNOR ECONOMIC DEVELOPMENT No. 44018 (NEW): R357-15a.Non-Profit Enterprise Zone Rule Published: 09/15/2019 Effective: 10/28/2019 No. 43939 (CPR): R357-22.Rural Employment Expansion Program Rule Published: 09/15/2019 Effective: 10/28/2019 No. 43939 (AMD): R357-22.Rural Employment Expansion Program Published: 08/15/2019 Effective: 10/28/2019 HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 43900 (AMD): R386-702.Communicable Disease Rule Published: 08/15/2019 Effective: 11/01/2019 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43979 (AMD): R426-5.Emergency Medical Services Training, Certification, and Licensing Standards Published: 09/01/2019 Effective: 10/30/2019 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43964 (AMD): R432-45.Nurse Aide Training and Competency Evaluation Program Published: 09/01/2019 Effective: 10/17/2019 CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 43831 (REP): R436-55.Hemp Extraction Registration Published: 07/15/2019 Effective: 10/29/2019 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 44005 (AMD): R523-4.Certification Requirements for Screening, Assessment, Prevention, Treatment and Recovery Support Programs for Adults Published: 09/15/2019 Effective: 10/23/2019 No. 43980 (NEW): R523-20.Community Firearms Violence and Suicide Prevention Standards Published: 09/01/2019 Effective: 10/23/2019 NATURAL RESOURCES WILDLIFE RESOURCES No. 44028 (AMD): R657-10.Taking Cougar Published: 09/15/2019 Effective: 10/22/2019 REGENTS (BOARD OF) ADMINISTRATION No. 43930 (NEW): R765-800.Free Expression on Campus Published: 08/15/2019 Effective: 10/19/2019 No. 43933 (NEW): R765-801.Student Due Process Published: 08/15/2019 Effective: 10/19/2019 No. 43935 (NEW): R765-802.Weapons on Campus Published: 08/15/2019 Effective: 10/19/2019 No. 43947 (NEW): R765-803.Institutional Policy Review Published: 08/15/2019 Effective: 10/19/2019 SALT LAKE COMMUNITY COLLEGE No. 43895 (NEW): R784-2.Free Expression on Campus Published: 08/01/2019 Effective: 10/17/2019 No. 43896 (NEW): R784-3.Weapons on Campus Published: 08/01/2019 Effective: 10/17/2019 No. 43897 (NEW): R784-4.Student Due Process Published: 08/01/2019 Effective: 10/17/2019 TAX COMMISSION MOTOR VEHICLE No. 44009 (AMD): R873-22M-24.Salvage Vehicle Definitions Pursuant to Utah Code Ann. Sections 41-1a-1001 and 41-1a-1002 Published: 09/15/2019 Effective: 10/24/2019 No. 44010 (AMD): R873-22M-26.Interim Inspections and Repair Standards Pursuant to Utah Code Ann. Section 41-1a-1002 Published: 09/15/2019 Effective: 10/24/2019 PROPERTY TAX No. 44012 (AMD): R884-24P-27.Standards for Assessment Level and Uniformity of Performance Pursuant to Utah Code Ann. Sections 59-2-704 and 59-2-704.5 Published: 09/15/2019 Effective: 10/24/2019 No. 44014 (AMD): R884-24P-33.2019 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301 Published: 09/15/2019 Effective: 10/24/2019 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/ . <> ----------------------------