Utah State Digest, Vol. 2015, No. 9 (May 1, 2015) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed April 2, 2015, 12:00 AM through April 15, 2015, 11:59 PM Volume 2015, No. 9 May 1, 2015 Prepared by Division 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 Division 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 http://www.rules.utah.gov/publicat/bulletin.htm. 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: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information and electronic versions of all administrative rule publications are available at http://www.rules.utah.gov/. The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by e-mail Listserv. ************************************************ Division 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. Division of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Medicaid Telehealth Equipment Funding Opportunity - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/sn156152.htm 2. 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 April 2, 2015, 12:00 a.m., and April 15, 2015, 11:59 p.m. are summarized in this, the May 1, 2015, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the May 1, 2015, issue of the Utah State Bulletin until at least June 1, 2015 (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 August 29, 2015, the agency may notify the Division 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 Division 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 PURCHASING AND GENERAL SERVICES No. 39271 (Amendment): R33-26. State Surplus Property. SUMMARY OF THE RULE OR CHANGE: This rule is to ensure that the security risk to the state is minimized when disposing of electronic devices. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no known fiscal impact. This is simply a clarification of the current rules in place. - LOCAL GOVERNMENTS: There is no known fiscal impact. This is simply a clarification of the current rules in place. - SMALL BUSINESSES: There is no known fiscal impact. This is simply a clarification of the current rules in place. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no known fiscal impact. This is simply a clarification of the current rules in place. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no known fiscal impact. This is simply a clarification of the current rules in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no known fiscal impact. This is simply a clarification of the current rules in place. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Mash by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/09/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39271.htm COMMERCE CONSUMER PROTECTION No. 39273 (Amendment): R152-1. Utah Division of Consumer Protection: "Buyer Beware List". SUMMARY OF THE RULE OR CHANGE: The rule is renumbered. Existing provisions are edited for concision and clarity. Definitions that duplicate statutory provisions and are otherwise unnecessary are deleted. Existing provisions are deleted where: 1) the language describes how the Division will interact with persons who are identified for inclusion in the buyer beware list; and 2) the language does not set forth a substantive obligation or prohibition governing a regulated person. Finally, the circumstances that constitute failure to respond to a Division deadline are expanded, as are the circumstances that warrant a person's being removed from the buyer beware list. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division has the budget in place to maintain the buyer beware list. This amendment does not change or add administrative duties. No fiscal impact to the state budget is anticipated. - LOCAL GOVERNMENTS: Local governments are not required to maintain the buyer beware list and are not included in it. No fiscal impact to local governments is anticipated. - SMALL BUSINESSES: The substance of this rule has been in place for some time. The changes proposed in this filing are primarily for clarity and concision. No new duties or obligations are imposed on small businesses. Therefore, no fiscal impact to small businesses is anticipated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The substance of this rule has been in place for some time. The changes proposed in this filing are primarily for clarity and concision. No new duties or obligations are imposed on affected persons. Therefore, no fiscal impact to affected persons is anticipated. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons are placed on the buyer beware list for failure to comply with a Division subpoena or order. Once placed on the list, no new form of compliance is required. Persons that wish to be removed from the list must comply with the outstanding subpoena or order, which generally includes payment of an administrative fine. However, this rule in and of itself does not require any form of compliance and, therefore, does not create compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This filing updates and clarifies the circumstances in which a person may be included in the Utah buyer beware list and the circumstances in which a person may request to be removed from the list. In order to be removed, a business must pay any outstanding fines that have been assessed through an administrative proceeding. Otherwise, no fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at jjonsson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39273.htm OCCUPATIONAL AND PROFESSIONAL LICENSING No. 39267 (Amendment): R156-71-102. Definitions. SUMMARY OF THE RULE OR CHANGE: A new Subsection R156-72-102(7) was added to define "provision" as used in Subsection 58-7-2-102(4)(b)(ii). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendment applies only to licensed acupuncturists. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendment applies only to licensed acupuncturists. Licensees may work in a small business; however, the proposed amendments would not directly affect the business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment applies only to licensed acupuncturists. The Division anticipates the proposed amendment will not result in additional encumbrances for any party beyond what is currently identified by statute and rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment applies only to licensed acupuncturists. The Division does not anticipate the proposed amendment will result in any increase in costs for those affected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, this filing defines the term "provision" in order to clarify a statutory provision. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/16/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - April Ellis by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at aprilellis@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/16/2015 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/23/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39267.htm EDUCATION ADMINISTRATION No. 39285 (Repeal and Reenact): R277-114. Corrective Action and Withdrawal or Reduction of Program Funds. SUMMARY OF THE RULE OR CHANGE: The repealed version of Rule R277-114 provides a section on USOE responsibilities; the reenacted version of Rule R277-114 changes responsibilities to the State Superintendent and is rewritten to more clearly define those responsibilities. The repealed version of Rule R277-114 does not have appeals language; the reenacted version of Rule R277-114 provides a new section on recipient appeals. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The reenacted version of Rule R277-114 provides restructure of procedures and responsibilities which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The reenacted version of Rule R277-114 provides restructure of procedures and responsibilities which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The reenacted version of Rule R277-114 provides restructure of procedures and responsibilities which likely will not result in a cost or savings to the small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The reenacted version of Rule R277-114 provides restructure of procedures and responsibilities which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs resulting from corrective action and withholding of funds is present in both the repealed and reenacted versions of Rule R277-114 so there is likely no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I believe that there is likely no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39285.htm No. 39286 (Amendment): R277-459. Classroom Supplies Appropriation. SUMMARY OF THE RULE OR CHANGE: The amendments include: adding and revising definitions and changing terminology throughout the rule to reflect the new definition of local education agency (LEA); and providing new language that clarifies the funding process to be followed in the event that the teacher supplies and materials appropriation is not sufficient to provide each teacher the full amount allowed by law and by intent language from H.B. 2 (2015 Legislative Session), Public Education Budget Amendments. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to rule clarify the funding process for the teacher supplies and materials appropriation for eligible public school teachers which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to rule clarify the funding process for the teacher supplies and materials appropriation for eligible public school teachers. This will likely not result in a cost or savings to local government because the appropriation will only be administered to the extent of the appropriation. - SMALL BUSINESSES: The amendments to rule clarify the funding process for the teacher supplies and materials appropriation for eligible public school teachers which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to rule clarify the funding process for the teacher supplies and materials appropriation which may result in some eligible public school teachers not receiving the full amount allowed by law. A teacher may receive less money than the teacher previously received for teacher supplies and materials. The appropriation is an estimate and funding impacts are speculative and difficult to assess as this time. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to rule clarify the funding process for the teacher supplies and materials appropriation for eligible public school teachers which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I believe that there is likely no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39286.htm No. 39287 (Amendment): R277-474. School Instruction and Human Sexuality. SUMMARY OF THE RULE OR CHANGE: The amendments include: adding a new definition and changing terminology throughout the rule to reflect the new definition; and changing the procedures for a student exempt from certain human sexuality related course material required by the board-approved core standards. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to the rule provide procedures for a school when a student is exempt from course material required by the board- approved core standards which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to the rule provide procedures for a school when a student is exempt from course material required by the board- approved core standards which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to the rule provide procedures for a school when a student is exempt from course material required by the board- approved core standards which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to the rule provide procedures for a school when a student is exempt from course material required by the board-approved core standards which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to the rule provide procedures for a school when a student is exempt from course material required by the board-approved core standards which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I believe that there is likely no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39287.htm No. 39288 (Amendment): R277-475. Patriotic, Civic and Character Education. SUMMARY OF THE RULE OR CHANGE: The amendments include: changing language in the rule from passive to active voice and making minor wording and technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changing language from passive to active voice and making minor wording and technical changes will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Changing language from passive to active voice and making minor wording and technical changes will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Changing language from passive to active voice and making minor wording and technical changes will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Changing language from passive to active voice and making minor wording and technical changes will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Changing language from passive to active voice and making minor wording and technical changes will likely not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I believe that there is likely no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39288.htm No. 39289 (Amendment): R277-516-3. Licensed Public Education Employee Personal Reporting of Arrests. SUMMARY OF THE RULE OR CHANGE: The amendments to Section R277-516-3 provide expanded requirements and broaden the list of specified offenses for licensed educator self-reporting. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I believe that there is likely no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39289.htm No. 39290 (Amendment): R277-517-5. Board Disciplinary Actions. SUMMARY OF THE RULE OR CHANGE: The amendments provide language for Board action, which may include revocation or suspension, against an educator's license for failure to respond to a complaint and failure to appear for a disciplinary hearing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to Section R277-517-5 are procedural and will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The changes to Section R277-517-5 are procedural and will likely not result in a cost or savings to local government. - SMALL BUSINESSES: The changes to Section R277-517-5 are procedural and will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The changes to Section R277-517-5 are procedural and will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The changes to Section R277-517-5 are procedural and will likely not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I believe that there is likely no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39290.htm ENVIRONMENTAL QUALITY RADIATION CONTROL No. 39277 (Amendment): R313-12-3. Definitions. SUMMARY OF THE RULE OR CHANGE: This rulemaking addresses the adoption of appropriate requirements found in 79 FR 43666. This rule change amends regulations in Rule R313-12 to make requirements for distributors of radioactive material clearer, less prescriptive, and more risk-informed and up to date. This amendment also redefines categories of devices to be used under exemptions, adding explicit provisions regarding the sealed source and device registration process, and adding flexibility to the licensing of users of sealed sources and devices. This amendment is primarily intended to make the licensing process more efficient and effective. The definition for "sealed source and device registry" is being added to Section R313-12-3. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause the state budget to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to the local government. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - SMALL BUSINESSES: Small businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause small businesses to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons since the proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause affected persons to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed changes to the rule are necessary for the Utah Radiation Control Rules to be compatible with NRC requirements, and to ensure that the Division's program activities are adequate to protect the public health and safety. The Division is not aware of any business that would be impacted fiscally due to the proposed rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Spencer Wickham by phone at 801-536-0082, by FAX at 801-533-4097, or by Internet E-mail at swickham@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/16/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39277.htm No. 39280 (Amendment): R313-19-13. Exemptions. SUMMARY OF THE RULE OR CHANGE: This rulemaking addresses the adoption of appropriate requirements found in 79 FR 43666. This rule change amends regulations in Rule R313-19 to make requirements for distributors of radioactive material clearer, less prescriptive, and more risk-informed and up to date. This amendment also redefines categories of devices to be used under exemptions, adding explicit provisions regarding the sealed source and device registration process, and adding flexibility to the licensing of users of sealed sources and devices. This amendment is primarily intended to make the licensing process more efficient and effective. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause the state budget to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to the local government. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - SMALL BUSINESSES: Small businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause small businesses to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons since the proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause affected persons to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed changes to the rule are necessary for the Utah Radiation Control Rules to be compatible with NRC requirements, and to ensure that the Division's program activities are adequate to protect the public health and safety. The Division is not aware of any business that would be impacted fiscally due to the proposed rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Spencer Wickham by phone at 801-536-0082, by FAX at 801-533-4097, or by Internet E-mail at swickham@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/16/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39280.htm No. 39274 (Amendment): R313-19-34. Terms and Conditions of Licenses. SUMMARY OF THE RULE OR CHANGE: Subsection R313-19-34(5)(b) is revised to remove the reference "11 U.S.C. 101(14)" and add, in its place, the reference "11 U.S.C 101(15)." ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause the state budget to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to the local government. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - SMALL BUSINESSES: Small businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause small businesses to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons since the proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause affected persons to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed changes to the rule are necessary for the Utah Radiation Control Rules to be compatible with NRC requirements, and to ensure that the Division's program activities are adequate to protect the public health and safety. The Division is not aware of any business that would be impacted fiscally due to the proposed rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Spencer Wickham by phone at 801-536-0082, by FAX at 801-533-4097, or by Internet E-mail at swickham@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/16/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39274.htm No. 39278 (Amendment): R313-21-22. General Licenses*--Radioactive Material Other Than Source Material. SUMMARY OF THE RULE OR CHANGE: This rulemaking addresses the adoption of appropriate requirements found in 79 FR 43666. This rule change amends regulations in Section R313-21-22 to make requirements for distributors of radioactive material clearer, less prescriptive, and more risk-informed and up to date. This amendment also redefines categories of devices to be used under exemptions, adding explicit provisions regarding the sealed source and device registration process, and adding flexibility to the licensing of users of sealed sources and devices. This amendment is primarily intended to make the licensing process more efficient and effective. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause the state budget to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to the local government. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - SMALL BUSINESSES: Small businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause small businesses to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons since the proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause affected persons to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed changes to the rule are necessary for the Utah Radiation Control Rules to be compatible with NRC requirements, and to ensure that the Division's program activities are adequate to protect the public health and safety. The Division is not aware of any business that would be impacted fiscally due to the proposed rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Spencer Wickham by phone at 801-536-0082, by FAX at 801-533-4097, or by Internet E-mail at swickham@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/16/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39278.htm No. 39279 (Amendment): R313-22. Specific Licenses. SUMMARY OF THE RULE OR CHANGE: This rulemaking addresses the adoption of appropriate requirements found in 79 FR 43666. This rule change amends regulations in Rule R313-22 to make requirements for distributors of radioactive material clearer, less prescriptive, and more risk-informed and up to date. This amendment also redefines categories of devices to be used under exemptions, adding explicit provisions regarding the sealed source and device registration process, and adding flexibility to the licensing of users of sealed sources and devices. This amendment is primarily intended to make the licensing process more efficient and effective. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause the state budget to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to the local government. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - SMALL BUSINESSES: Small businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause small businesses to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons since the proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause affected persons to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed changes to the rule are necessary for the Utah Radiation Control Rules to be compatible with NRC requirements, and to ensure that the Division's program activities are adequate to protect the public health and safety. The Division is not aware of any business that would be impacted fiscally due to the proposed rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Spencer Wickham by phone at 801-536-0082, by FAX at 801-533-4097, or by Internet E-mail at swickham@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/16/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39279.htm No. 39275 (Amendment): R313-24-4. Clarifications or Exceptions. SUMMARY OF THE RULE OR CHANGE: The proposed changes to Section R313-24-4 would: update the incorporation of the outdated 2002 version of Title 10, Code of Federal Regulations (CFR) Part 40, with the current 2015 version of 10 CFR 40. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause the state budget to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to the local government. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - SMALL BUSINESSES: Small businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause small businesses to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons since the proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause affected persons to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed changes to the rule are necessary for the Utah Radiation Control Rules to be compatible with NRC requirements, and to ensure that the Division's program activities are adequate to protect the public health and safety. The Division is not aware of any business that would be impacted fiscally due to the proposed rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Spencer Wickham by phone at 801-536-0082, by FAX at 801-533-4097, or by Internet E-mail at swickham@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/16/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39275.htm No. 39283 (New Rule): R313-27. Medical Use Advisory Committee. SUMMARY OF THE RULE OR CHANGE: The proposed rule would require the board to create a new Medical Use Advisory Committee that will provide recommendations to the board before the board takes action on any rule or other policy matter that affects the medical use of radiation. The proposed rule adds this procedural step but does not in any other way change the board's authority to make a rule. There is an exception in the proposed rule for emergency rulemaking. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Any costs would be insignificant and will be managed within existing budgets. - LOCAL GOVERNMENTS: The proposed rule does not govern or regulate local government in any way, so there will be no impact on local government. - SMALL BUSINESSES: The proposed rule does not govern or regulate small business in any way, so there will be no impact on small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed rule does not govern or regulate other persons in any way, so there will be no impact on other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule does not impose any compliance requirements on any person, so there will be no compliance costs for any person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule does not govern or regulate any business in any way, so there will be 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 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Laura Lockhart by phone at 801-536-0283, by FAX at 801-366-0292, or by Internet E-mail at llockhart@utah.gov - Philip Griffin by phone at 801-536-4261, by FAX at 801-533-4097, or by Internet E-mail at pgriffin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/09/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39283.htm No. 39276 (Amendment): R313-36-3. Clarifications or Exceptions. SUMMARY OF THE RULE OR CHANGE: The proposed changes to Section R313-36-3 would: update the incorporation of the outdated 2011 version of Title 10, Code of Federal Regulations (CFR) Part 34, with the current 2015 version of 10 CFR 34. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause the state budget to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to the local government. The proposed changes do not add or remove significant requirements that affect radiation. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - SMALL BUSINESSES: Small businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause small businesses to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses. The proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause local government to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for affected persons since the proposed rule changes are adopting required federal regulations to maintain compatibility as an agreement state. These changes do not add new requirements that would cause affected persons to incur any changes in compliance costs beyond those identified by the Nuclear Regulatory Commission. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed changes to the rule are necessary for the Utah Radiation Control Rules to be compatible with NRC requirements, and to ensure that the Division's program activities are adequate to protect the public health and safety. The Division is not aware of any business that would be impacted fiscally due to the proposed rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Spencer Wickham by phone at 801-536-0082, by FAX at 801-533-4097, or by Internet E-mail at swickham@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/16/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39276.htm GOVERNOR ECONOMIC DEVELOPMENT No. 39263 (New Rule): R357-8. Allocation of Private Activity Bond Volume Cap. SUMMARY OF THE RULE OR CHANGE: This rule provides definitions in addition to those provided for in statute. This rule outlines the formula utilized by the Private Activity Bonds Board to determine the allocation of the federally-provided volume cap amount. The considerations and formula include: distribution being considered on a first come first serve basis, illustrative lists of typical considerations made for each type of applicant, overall community need and impact, applicant's past ability to utilize the activity bonds allocated, etc. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This program is a self-funded program through fees. This rule does not alter the amount of fees received by the program and therefore there is no new cost or savings to the state. - LOCAL GOVERNMENTS: This program does not deal directly with or impact local governments. This rule does not change the non-existence of any interaction and therefore does not affect local governments. A small positive impact could be felt in increased local tax revenue provided by the applicants when utilizing bonds to create or grow their housing or manufacturing project in any given local municipality. - SMALL BUSINESSES: The impact to small business is minimal and positive as this provides a more streamlined and transparent process in an applicant ascertaining the viability of their application. Otherwise, there is no impact to small business because this rule does not address any general small business practices outside of offering a different financing mechanism. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons impacted will most likely be housing developers. This rule will outline how their applications for allocation volume cap amount will be reviewed and how their allocation will be calculated. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule does not address fees, which is the only source for compliance costs. Thus, this rule will not create any new compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The agency is excited to continue to offer an alternative financing source for specific industries in the state. The fiscal impact to businesses as a result of this rule is only positive in regards to the potential financing that some businesses can qualify for. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39263.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 39265 (Amendment): R426-8. Emergency Medical Services Ambulance Rates and Charges. SUMMARY OF THE RULE OR CHANGE: Fiscal Reporting Guides (FRGs) are financial and statistical data collected from all emergency medical services (EMS) agencies statewide. The data collected showed EMS rates need to be increased at 6.25% so agencies statewide will have revenues matching expenses. Rule R426-8 is amended to reflect these ground ambulance transport changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget will not be impacted as this is a user fee. - LOCAL GOVERNMENTS: Local government budgets will not be impacted significantly. The rates listed in the rule are increased 6.25%. The EMS agency billings increase by 6.25% which will offset declining collections, wage increases, and the increased equipment costs. - SMALL BUSINESSES: EMS budgets will not be impacted. The ambulance transport rate increase is 6.25% from current ambulance rates to offset declining collections, wage increases, and the increased equipment costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: EMS budgets will not be impacted. The ambulance transport rate increase is 6.25% from current ambulance rates to offset declining collections, wage increases, and the increased equipment costs. Individuals who are transported by ambulance will be impacted slightly with this 6.25% rate increase. COMPLIANCE COSTS FOR AFFECTED PERSONS: EMS agencies are allowed to bill the rates listed in the proposed rule and there are no costs to the agency for compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I approve the publication of the amendment to Rule R426-8. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39265.htm HUMAN SERVICES ADMINISTRATION No. 39270 (New Rule): R495-820. Institutional Review Board. SUMMARY OF THE RULE OR CHANGE: This rule establishes the Department Institutional Review Board (IRB). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increase in cost or savings to the state budget because this proposed rule will not increase workload that would require additional staff or other costs. - LOCAL GOVERNMENTS: Local governments have no responsibility for the Department's IRB and are therefore not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for the Department's IRB and are therefore not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for individuals in the category of "persons other than small businesses, businesses, or local government entities." COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost to affected persons because they will only need to follow the existing guidelines which have no fiscal impact. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Frank Rees by phone at 801-344-4203, by FAX at 801-538-3942, or by Internet E-mail at frees@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39270.htm AGING AND ADULT SERVICES No. 39272 (Amendment): R510-100. Funding Formulas. SUMMARY OF THE RULE OR CHANGE: The Alternatives Program's funding formula has been changed to take out an old hold harmless clause, update the base amount each area agency on aging receives to operate the program, and the weighting of the demographic elements of the formula. The changes are made to reflect changes in Utah's aging population and to better distribute funds to agencies based on mutually agreed upon principles of the program. The state board has the responsibility to approve changes to the funding formula. The Division and area agencies worked through multiple meetings to develop these changes which were then ratified by the Board. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes are cost neutral to the state. The same funds will be appropriated and distributed following these changes. - LOCAL GOVERNMENTS: The approved changes will alter the way funds are distributed to the twelve area agencies on aging, which operate within county governments. These agencies may see increases or decreases in funding based on the changes to the funding formula. These changes were made in consultation with the area agencies and upon the approval of the state board on Aging which has statutory authority to approve these changes. - SMALL BUSINESSES: The funding formula determines how funds are distributed to county government area agencies on aging. These agencies in turn contract with small business providers. The formula changes could potentially increase or decrease the amount of business these providers receive from the area agencies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Funding determines the number of clients an area agency on aging can serve under the Alternatives Program. The formula changes being proposed may increase or decrease funds received by these agencies and in turn have an effect on the number of clients served in a particular area. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with these formula changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: With the change in the allocation methodology, some of the urban areas will lose funding, which will impact providers serving the elderly. In contrast, some of the rural areas will see a greater demand for services due to an increased allocation. The urban areas are better resourced to manage the change though there will still be a significant impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39272.htm No. 39269 (Amendment): R510-400. Home and Community Based Alternatives Program. SUMMARY OF THE RULE OR CHANGE: The amendment is to clarify the client care plan and eliminate repetitiveness of "goals and objectives" contained in the rule and the care plan. The amendment will change the need for an entrance interview under contract compliance and fix spelling errors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment clarifies procedure on home and community based alternatives programs and does not require any resources that would impact state or local government. - LOCAL GOVERNMENTS: This amendment clarifies procedure on home and community based alternatives programs and does not require any resources that would impact state or local government. - SMALL BUSINESSES: This amendment clarifies procedure on home and community based alternatives programs and does not require any additional resources or staff. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment clarifies procedure on home and community based alternatives programs and does not require any changes or resources that would impact persons other than small businesses, businesses, or local government. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment clarifies procedure on home and community based alternatives programs and does not require any changes or resources that would impact affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule has 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 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Styles by phone at 801-538-4641, by FAX at 801-538-4395, or by Internet E-mail at mstyles@utah.gov - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39269.htm CHILD AND FAMILY SERVICES No. 39284 (Amendment): R512-1. Description of Division Services, Eligibility, and Service Access. SUMMARY OF THE RULE OR CHANGE: This rule change is intended to clarify the services offered by Child and Family Services, as well as explain the eligibility service access requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increase in cost or savings to the state budget because these proposed changes do not increase workload that would require additional staff or other costs. - LOCAL GOVERNMENTS: Local governments have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 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 - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39284.htm RECOVERY SERVICES No. 39262 (New Rule): R527-254. Limitations on Collection of Arrears. SUMMARY OF THE RULE OR CHANGE: The first section of this rule provides the authority (Section 62A-11-107) and purpose of the rule, which is to define the circumstances when the Office of Recovery Services (ORS/CSS) will collect support arrears that accrue during time periods when there is not an open IV- D case with ORS/CSS. The second section defines certain terms specific to the purpose of this rule. The third section identifies when ORS/CSS is responsible to maintain accurate records of support due and payments made and when the parents are responsible for maintaining those records. The fourth section describes when ORS/CSS will enforce current support and arrears that are owed under the valid child support order. The fifth section identifies the applicant's responsibilities for providing the office with a judicial determination of the support arrears and a history of all payments made towards that debt. The last section identifies the obligor's responsibilities for disputing the arrears balance and for providing ORS/CSS with copies of proof of payments. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a savings to the state budget because of the decrease in the number of payment reviews that will be completed by the Office of Recovery Services (ORS/CSS) staff, as well as the number of hours spent by the AGO in not having to go to court to resolve arrears balance disputes judicially. During state fiscal year 2014, the following payment reviews were completed by ORS/CSS staff: 1,708 cases were reviewed, with a total of 9,716 payments reviewed. Each case that is reviewed consists of the following steps: compilation of the proof of payment, reviewing the evidence received, making an assessment of whether or not each payment was for child support, generating and sending required letters, monitoring the cases for additional information requested from the parents, etc. This process takes at least one hour to complete the assessment, generate the appropriate letters, and deal with the responses when the review only involves one or two payments (the time increases with each additional payment involved in a review). This equals a minimum of 1,708 hours of CSS workers' time each year reviewing proof of payments and trying to make a determination of the balances owed for those time periods on a case when there was not an active IV-D case open with the office. An average ORS employee completing this process receives approximately $32.69 an hour in compensation (wages and benefits), which means that the minimum current cost to ORS for this one singular type of review each year is $55,834.52. (1708 X $32.69 = $55,834.52). In addition, there will be a small savings to the state in postage. This change would no longer require that workers send letters to the parents requesting proof of payments and the results of a worker's decision. Each time a review is completed, a minimum of two letters are sent, one to each parent. Using the same cases reviewed in fiscal year 2014, 1,708 cases were reviewed, which means 3,416 letters were sent. The current price of postage is $0.49 for a first class letter, which would result in a savings to the state of $1,673.84. (3416 X $0.49 = $1,673.84). Any savings outlined above will help alleviate the effects of budget and staffing cuts absorbed by ORS over the past five years. These amounts do not include any of the time or money spent by the AGO division assigned to ORS each year in resolving the same type of issues judicially. While there is no way to identify a quantifiable amount for the time spent by the attorneys on these specific cases, the AGs report that some of these cases have remained in litigation for multiple years, which means there could be a substantial savings to the state by no longer providing this service. - LOCAL GOVERNMENTS: Administrative rules of ORS/CSS do not apply to local government; therefore, there are no anticipated costs or savings for any local businesses due to this amendment. - SMALL BUSINESSES: There are no anticipated costs for small businesses because the changes only affect internal procedures of ORS/CSS. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There may be minimal savings to the non-custodial parent by no longer having to mail in proof of payments made directly to the custodial parent during those time periods when there was not an open IV-D case with the office. There may be other costs that the parents will incur should one of the parents decide to have the matter resolved judicially. Some of those costs may include filing fees with the district court. If the initial child support order was issued by a Utah district court, there would be no filing fees incurred to have the arrears balance adjudicated. If the initial order was not issued in Utah or it is a Utah administrative order, the parents will incur a minimum filing fee of $310 if they file pro se. However, there is no way to know how many parents will take advantage of this process or if they will choose to file pro se or hire an attorney, so the total costs are not quantifiable. There may be other costs associated with adjudicating the arrears balance, but ORS has no way to identify those costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: There may be minimal costs to affected persons if one of the parents decides to adjudicate his/her arrears judicially. Some of those costs may include filing fees with the district court. If the initial child support order was issued by a Utah district court, there would be no filing fees incurred to have the arrears balance adjudicated. If the initial order was not issued in Utah or it is a Utah administrative order, the parents will incur a minimum filing fee of $310 if they file pro se. However, there is no way to know how many parents will take advantage of this process or if they will choose to file pro se or hire an attorney, so the total costs are not quantifiable. There may be other costs associated with adjudicating the arrears balance, but ORS/CSS has no way to identify those costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts to businesses as a result of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/02/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Andrew Clement by phone at 801-741-7434, by FAX at 801-536-8509, or by Internet E-mail at aclement@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/09/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39262.htm 3. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends June 1, 2015. From the end of the 30-day waiting period through August 29, 2015, an agency may notify the Division of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 38957 (Change in Proposed Rule): R156-61. Psychologist Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Subsections R156-61-302c(2), (6) and (7) are added back into the rule as the Division, at the present time, is not able to make the changes anticipated earlier with respect to examinations required for psychologist licensure. (DAR NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the December 15, 2014, issue of the Utah State Bulletin, on page 19. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957, except for the information about the examinations will no longer apply since those subsections are being added back into the rule. - LOCAL GOVERNMENTS: No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957. - SMALL BUSINESSES: No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957, except for the information about the examinations will no longer apply since those subsections are being added back into the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional costs or savings are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed rule filing DAR No. 38957, except for the information about the examinations will no longer apply since those subsections are being added back into the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This filing clarifies a previous filing that has not yet gone into effect. No fiscal impact to businesses is anticipated to result from these clarifications. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/01/2015 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/38957.htm 4. 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 http://www.rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Division of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE CONSUMER PROTECTION No. 39281 (5-year Review): R152-1. Utah Division of Consumer Protection: "Buyer Beware List". REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule creates a resource that consumers can use to research suppliers and businesses in order to make informed purchasing decisions. The rule also creates a mechanism through which the DCP can incentivize a supplier or business to voluntarily adopt and maintain fair and ethical business practices. The Buyer Beware List is a very effective regulatory tool. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at jjonsson@utah.gov EFFECTIVE: 04/15/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39281.htm No. 39282 (5-year Review): R152-39. Child Protection Registry Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The CPR was created by statute in an effort to shield minors from being targeted by advertisers who are selling products that are illegal for children or otherwise inappropriate. Rule R152-39 is necessary because it creates the processes through which the CPR is maintained and used. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at jjonsson@utah.gov EFFECTIVE: 04/15/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39282.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 39264 (5-year Review): R414-19A. Coverage for Dialysis Services by a Free-Standing State Licensed Dialysis Facility. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it facilitates the administration of dialysis services to Medicaid clients for at least 90 days, and continues coverage for clients who do not qualify for dialysis under Medicare. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 04/07/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39264.htm JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 39268 (5-year Review): R597-2. Administration of the Commission. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The ongoing unbiased operation of the commission is both integral and critical to the integrity of its work product. For this reason, the rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Joanne Slotnik by phone at 801-538-1652, by FAX at 801-538-1024, or by Internet E-mail at jslotnik@utah.gov EFFECTIVE: 04/13/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39268.htm 5. NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Division of Administrative Rules (Division) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Division. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Division, the rule expires. Upon expiration of the rule, the Division files a Notice of Five-Year Expiration (Expiration) to document the action. The Division is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Division has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 39266 (Expired): R131-9. Art and Exhibits. SUMMARY: The five-year review and statement of continuation was not submitted by the deadline so this rule expired 04/08/2015 and will be removed from the administrative code. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 04/08/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2015/20150501/39266.htm 6. 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 Division 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. AUDITOR ADMINISTRATION No. 39136 (AMD): R123-6.Allocation of Money in the Property Tax Valuation Agency Fund Published: 03/01/2015 Effective: 04/08/2015 COMMERCE ADMINISTRATION No. 39144 (AMD): R151-4-109.Extension of Time and Continuance of Hearing Published: 03/01/2015 Effective: 04/10/2015 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 39055 (AMD): R156-26a-501.Unprofessional Conduct Published: 02/01/2015 Effective: 04/02/2015 No. 39132 (AMD): R156-31b.Nurse Practice Act Rule Published: 03/01/2015 Effective: 04/07/2015 GOVERNOR ECONOMIC DEVELOPMENT No. 39094 (R&R): R357-3.Refundable Economic Development Tax Credit Published: 02/15/2015 Effective: 04/13/2015 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 39142 (AMD): R414-14A.Hospice Care Published: 03/01/2015 Effective: 04/07/2015 No. 39131 (AMD): R414-38.Personal Care Service Published: 03/01/2015 Effective: 04/07/2015 PARDONS (BOARD OF) ADMINISTRATION No. 39107 (AMD): R671-303-1.Information Received, Maintained or Used by the Board Published: 03/01/2015 Effective: 04/07/2015 No. 39137 (AMD): R671-305-1.Board Decisions and Orders Published: 03/01/2015 Effective: 04/07/2015 SCHOOL AND INSTITUTIONAL TRUST FUND BOARD OF TRUSTEES ADMINISTRATION No. 39143 (NEW): R849-1.Appeal Rule Published: 03/01/2015 Effective: 04/15/2015 7. 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 http://www.rules.utah.gov/research.htm . <>