---------------------------- Utah State Digest, Vol. 2017, No. 4 (February 15, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed January 18, 2017, 12:00 AM through February 1, 2017, 11:59 PM Volume 2017, No. 4 February 15, 2017 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 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: 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 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. ************************************************ 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 March 2017 Medicaid Rate Changes - 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/2017/20170215/sn158417.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 January 18, 2017, 12:00 a.m., and February 1, 2017, 11:59 p.m. are summarized in this, the February 15, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the February 15, 2017, issue of the Utah State Bulletin until at least March 17, 2017 (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 June 15, 2017, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41260 (Amendment): R156-11a. Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In accordance with Subsection 58-1- 308(5)(a)(ii)(B) and the new Section R156-11-308, Subsection R156-11a-302(1) is modified to exclude from the exam requirement those individuals who are applying for reinstatement of their license between two and five years after the expiration of their license. In accordance with Subsection 58-1- 308(5)(a)(ii)(B), this proposed new Section R156-11-308 will allow individuals whose license has been expired between two and five years to reinstate their license without being required to retake exams. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed rule change is made in accordance with S.B. 136 (2016) and any costs or savings associated with this implementation were addressed by the fiscal note attached to S.B. 136. The proposed rule change applies only to formerly licensed individuals who apply to reinstate their license between two and five years from the date their license expired. The aggregate impact on the state budget cannot be estimated as it is unknown how many individuals will reinstate their license beyond two years and less than five years of expiration. 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 amendments apply only to formerly licensed individuals who apply to reinstate their license between two and five years from the date their license expired. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed rule change may result in a cost savings to small-business salons and spas that employ licensed individuals or who lease space to licensed individuals, by reducing the time required for those individuals to reinstate an expired license, therefore reducing or eliminating income loss by the small business due to license expiration. The aggregate savings cannot be estimated as it will vary depending on circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The savings impact described above for small business is not expected to affect large businesses because the Division is unaware of any salons or spas that employ 50 or more employees. The proposed rule change will reduce costs for formerly licensed individuals who apply to reinstate their license within two and five years from the date their license expired, as they will no longer need to pay the exam fees for the written and practical exams that may otherwise be required. Further, these individuals may receive increased income and reduce or eliminate loss of income because of the reduction in the time required for those individuals to reinstate their license and start working again. Exam vendors who will no longer receive exam fees from individuals reinstating their license between two and five years from date of expiration will experience a loss of revenue from the exams not taken. The aggregate savings and costs cannot be estimated as it will vary depending on circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: An exam vendor who will no longer receive exam fees from individuals reinstating their license between two and five years from date of expiration will experience a loss of revenue from the exams not taken. This individual impact cannot be estimated as it will vary depending on circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In accordance with changes made by S.B. 136 (2016), the Division of Occupational and Professional Licensing is able to provide an extended timeframe of up to five years for license reinstatement without requiring licensees to retake qualification exams. The fiscal impact on small businesses will be reduced by this amendment. The aggregate savings cannot be estimated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 02/27/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41260.htm No. 41261 (Amendment): R156-55b-102. Definitions. SUMMARY OF THE RULE OR CHANGE: The amendments to Subsection R156-55b-102(1) replace the code reference with a reference to Title 15A, State Construction and Fire Codes Act. The amendments to Subsection R156-55b-102(2) modify the definition of "Immediate supervision" for residential electrical work. The amendments to Subsection R156-55b-102(4) clarify the definition of "Residential project". 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 amendments do not apply to local governments. The amendments only apply to electrical contractors, to supervising master or journeyman electricians, and to apprentice electricians requiring supervision while engaged in residential electrical projects. - SMALL BUSINESSES: The proposed amendments may apply to small business. It is anticipated that electrical contractors who own or operate small businesses and handle residential electrical work will be able to operate more efficiently and increase revenue as their apprentices who need supervision will not need to have the supervising electrician physically present on the same project or jobsite. It is also anticipated that allowing apprentice electricians to continue working on projects or jobsites while the supervising electrician is not physically present will not conflict with the supervising electrician's responsibility to ensure that the end result complies with applicable standards. The aggregate savings cannot be estimated as it will vary depending on circumstances, including the volume of residential work to be completed and the experience and aptitude of the apprentice electricians. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments will only affect electricians engaged in electrical work specific to residential projects. The aggregate impact on these persons cannot be estimated, as it will vary depending on circumstances, including the volume of residential work to be completed, and the experience and aptitude of the apprentice electricians. COMPLIANCE COSTS FOR AFFECTED PERSONS: The individuals affected by these amendments will be electrical contractors engaging in residential electrical work, supervising master electricians or supervising journeyman electricians, and apprentice electricians who require supervision while engaged in electrical work on residential projects. The Division does not anticipated any compliance costs for these affected individuals. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendments to Section R156-55b-102 replace the code references to the National Electrical Code with references to Title 15, State Construction and Fire Codes Act; modify the definition of "immediate supervision" for residential electrical work; and clarify the definition of "residential project". The practical consequence of these changes is that it will no longer be necessary for the supervising electrician to be physically present on the same residential project or jobsite as the apprentice requiring supervision. This change will provide a cost savings to electrician businesses, permitting such businesses to work more efficiently. An exact computation of the cost savings will depend in various factors, depending on the circumstances of the business and the projects involved. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 02/22/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41261.htm HEALTH CHILD CARE CENTER LICENSING COMMITTEE No. 41233 (Amendment): R381-60-2. Definitions. SUMMARY OF THE RULE OR CHANGE: This rule change is supported by both the Child Care Center Licensing Committee and the Residential Advisory Committee. This rule change references the definitions of "guest" and "volunteer" as stated in Rule R430-6. These definitions are more accurate and help clarify the different roles of various types of volunteers. Renumbering is also done as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies operate hourly child care centers. Therefore, the committee does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: Some local governments operate child care centers. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to child care programs operated by state agencies. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - SMALL BUSINESSES: Almost all child care centers are small businesses. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to small child care businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to entities or persons that are not small businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the committee does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment may fiscally impact business with a cost savings to child care facilities due to the reduction of required background checks. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41233.htm No. 41232 (Amendment): R381-70-2. Definitions. SUMMARY OF THE RULE OR CHANGE: This rule change is supported by both the Child Care Center Licensing Committee and the Residential Advisory Committee. This rule change references the definitions of "guest" and "volunteer" as stated in Rule R430-6. These definitions are more accurate and help clarify the different roles of various types of volunteers. Renumbering is also done as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Some state agencies operate child care centers. However, the committee does not anticipate any cost or savings as a result of this change because the proposed rule simply clarifies definitions. - LOCAL GOVERNMENTS: Some local governments operate child care centers. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to child care programs operated by state agencies. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - SMALL BUSINESSES: Almost all child care centers are small businesses. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to small child care businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to entities or persons that are not small businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the committee does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment may fiscally impact business with a cost savings to child care programs due to the reduction of required background checks. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41232.htm No. 41234 (Amendment): R381-100-2. Definitions. SUMMARY OF THE RULE OR CHANGE: This rule change is supported by both the Child Care Center Licensing Committee and the Residential Advisory Committee. This rule change references the definitions of "guest" and "volunteer" as stated in Rule R430-6. These definitions are more accurate and help clarify the different roles of various types of volunteers. Renumbering is also done as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Some state agencies operate child care centers. However, the committee does not anticipate any cost or savings as a result of this change because the proposed rule simply clarifies definitions. - LOCAL GOVERNMENTS: Some local governments operate child care centers. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to child care programs operated by state agencies. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - SMALL BUSINESSES: Almost all child care centers are small businesses. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to small child care businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the committee can anticipate some savings to entities or persons that are not small businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the committee does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment may fiscally impact business with a cost savings to child care facilities due to the reduction of required background checks. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41234.htm DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 41224 (Amendment): R392-600. Illegal Drug Operations Decontamination Standards. SUMMARY OF THE RULE OR CHANGE: The proposed amendment adds the definitions for non-confirmation and confirmation sampling and how the results shall be calculated; describes what needs to occur during a preliminary assessment in regards to non-confirmatory and confirmation sampling; and it provides information on equipment that can be used for wipe sampling and other analytical methods for methamphetamine detection, which are based on updated procedures. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings at the state level. Any costs will come out of existing budgets. - LOCAL GOVERNMENTS: There may be some revenue lost because fewer homes may be unnecessarily determined to be contaminated because of how composite sampling was calculated prior to this amendment. The loss is estimated to be $400 (with a wide range among the local health departments) per home in clean up review and permit fees. Approximately 5% of homes previously requiring mitigation are thought to be erroneously determined to be contaminated. - SMALL BUSINESSES: There may be a cost savings to small businesses that would have been required to mitigate homes that were unnecessarily determined to be contaminated by local health departments because of how composite sampling was calculated prior to this amendment. The savings are estimated by industry to be about $10,000 (with a wide range) per home. Approximately 5% of homes previously requiring mitigation are thought to be erroneously determined to be contaminated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There may be a cost savings to those in this category who would have been required to mitigate homes that were unnecessarily determined to be contaminated by local health departments because of how composite sampling was calculated prior to this amendment. The savings are estimated by industry to be about $10,000 (with a wide range) per home. Approximately 5% of homes previously requiring mitigation are thought to be erroneously determined to be contaminated. COMPLIANCE COSTS FOR AFFECTED PERSONS: There may be a cost to local health departments due to fewer homes being unnecessarily labeled as contaminated. The loss is estimated to be $400 per home in clean up review and permit fees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment defines "composite sample" and "non- confirmation sampling." It also sets out the process for non-confirmation and confirmation sampling, which includes a preliminary assessment and provides additional analytical methods for detecting methamphetamine. The amendment reduces the risk of erroneous determinations of contamination, resulting in a cost savings to business responsible for mitigation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Sam LeFevre by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at slefevre@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41224.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41211 (Amendment): R414-304. Income and Budgeting. SUMMARY OF THE RULE OR CHANGE: Insurance premiums used as an expense for the medically needy family, pregnant woman or child medicaid programs will now be factored if the expense is paid weekly or bi-weekly. This amendment also removes duplicate language and makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate any impact to the state budget because individuals will pay the same amount of insurance premiums over the course of their eligibility span. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor make eligibility determinations for the Medicaid program. - SMALL BUSINESSES: The Department does not anticipate any impact to small businesses because individuals will pay the same amount of insurance premiums over the course of their eligibility span. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate any impact to Medicaid providers and to Medicaid recipients because individuals will pay the same amount of insurance premiums over the course of their eligibility span. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate any impact to a single Medicaid provider or to a Medicaid recipient because individuals will pay the same amount of insurance premiums over the course of their eligibility span. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business as this change affects only individual eligibility for Medicaid. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41211.htm No. 41212 (Amendment): R414-308-7. Change Reporting and Benefit Changes. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies that the effective date of a change that is both positive and reported timely is the month of report. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment only clarifies effective dates of eligibility based on recipient changes. It neither affects Medicaid services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor make eligibility determinations for the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because this amendment only clarifies effective dates of eligibility based on recipient changes. It neither affects Medicaid services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this amendment only clarifies effective dates of eligibility based on recipient changes. It neither affects Medicaid services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid recipient because this amendment only clarifies effective dates of eligibility based on recipient changes. It neither affects Medicaid services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because it does not affect the covered services or provider reimbursement. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41212.htm No. 41213 (Amendment): R414-310-13. Change Reporting and Benefit Changes. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies how to handle a reported change when the income has already been anticipated in a best estimate. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment only clarifies procedures for when a client reports changes in circumstances that affect PCN eligibility. It neither affects PCN services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund PCN services nor make eligibility determinations for the PCN program. - SMALL BUSINESSES: There is no impact to small businesses because this amendment only clarifies procedures for when a client reports changes in circumstances that affect PCN eligibility. It neither affects PCN services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to PCN providers and to PCN recipients because this amendment only clarifies procedures for when a client reports changes in circumstances that affect PCN eligibility. It neither affects PCN services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single PCN provider or to a PCN recipient because this amendment only clarifies procedures for when a client reports changes in circumstances that affect PCN eligibility. It neither affects PCN services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because it does not affect the covered services or provider reimbursement. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41213.htm FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 41237 (Amendment): R430-6-2. Definitions. SUMMARY OF THE RULE OR CHANGE: This rule change is supported by both the Child Care Center Licensing Committee and the Residential Advisory Committee. This rule change provides a better definition of "guest" and "volunteer". These definitions are more accurate and help clarify the different roles of various types of volunteers. Renumbering is also done as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The agency does not anticipate any cost or savings to the state budget as a result of this change. - LOCAL GOVERNMENTS: Some local governments operate child care centers. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the agency can anticipate some savings to child care programs operated by state agencies. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - SMALL BUSINESSES: Almost all child care centers and homes are small businesses. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the agency can anticipate some savings to small child care businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the agency can anticipate some savings to entities or persons that are not small businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the agency does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment may fiscally impact business with a cost savings to child care facilities due to the reduction of required background checks. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41237.htm No. 41236 (Amendment): R430-50-2. Definitions. SUMMARY OF THE RULE OR CHANGE: This rule change is supported by the Residential Advisory Committee. This rule change references the definitions of "guest" and "volunteer" as stated in Rule R430-6. These definitions are more accurate and help clarify the different roles of various types of volunteers. Renumbering is also done as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies operate child care homes. Therefore, the agency does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: No local governments operate child care homes. Therefore, the agency does not anticipate any cost or savings as a result of this change. - SMALL BUSINESSES: Almost all child care homes are small businesses. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the agency can anticipate some savings to small child care businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the agency can anticipate some savings to entities or persons that are not small businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the agency does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment may fiscally impact business with a cost savings to child care facilities due to the reduction of required background checks. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41236.htm No. 41235 (Amendment): R430-90-2. Definitions. SUMMARY OF THE RULE OR CHANGE: This rule change is supported by the Residential Advisory Committee. This rule change references the definitions of "guest" and "volunteer" as stated in Rule R430-6. These definitions are more accurate and help clarify the different roles of various types of volunteers. Renumbering is also done as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies operate child care homes. Therefore, the agency does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: No local governments operate child care homes. Therefore, the agency does not anticipate any cost or savings as a result of this change. - SMALL BUSINESSES: Almost all child care homes are small businesses. Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the agency can anticipate some savings to small child care businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed change provides a better definition of who will be required to have a background screening, guests as defined in the rule will not have to be background checked. Therefore, the agency can anticipate some savings to entities or persons that are not small businesses. The exact savings cannot be determined since any potential savings are speculative and will vary depending on the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the agency does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment may fiscally impact business with a cost savings to child care facilities due to the reduction of required background checks. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41235.htm INSURANCE ADMINISTRATION No. 41259 (Amendment): R590-102. Insurance Department Fee Payment Rule. SUMMARY OF THE RULE OR CHANGE: The changes codify a number of changes that have been approved by the legislature. New fees were added to cover the costs of setting up and licensing captive cells, individual navigators, navigator agencies, continuing care providers, and guaranteed asset protection providers in Utah, as well as other miscellaneous fees. The changes also include a number of clerical fixes and updates. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The changes add fees that may be paid by certain individuals and businesses, which will result in a small amount of new money coming into state coffers. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The changes do not affect the functioning of local government in any way. - SMALL BUSINESSES: Currently, there are 44 individual navigators whose initial application fee is $35 a year for an annual budget of $1,540. Currently, there are 7 agency navigators whose initial application fee is $40 a year for an annual budget of $280. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals could see a small increase in their insurance premium cost. The actual amount is unknown because any such increase would be a business decision made by affected insurers. COMPLIANCE COSTS FOR AFFECTED PERSONS: The captive cell initial and renewal fees are $1,000. Utah currently licenses 74 captive cells for an annual budget of $74,000. Currently, there are 44 individual navigators whose initial application fee is $35 a year for an annual budget of $1,540. Currently, there are 7 agency navigators whose initial application fee is $40 a year for an annual budget of $280. Currently, there is 1 continuing care provider whose initial and renewal fees are $6,900 a year for an annual budget of $6,900. There are currently 62 guaranteed asset protection providers whose initial and renewal fees are $1,000 for an annual budget of $62,000. The annual health insurance assessment funds the department health actuary, and is capped at a total assessment of $150,000 a year. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to this rule may have a small fiscal impact on a small population of businesses. Businesses that require licenses to operate captive cells, navigator agencies, continuing care providers, and guaranteed asset protection providers will pay new licensing fees. These fees are necessary for the department to effectively license and regulate such entities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 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: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41259.htm PUBLIC SAFETY DRIVER LICENSE No. 41200 (Repeal): R708-25. Commercial Driver License Applicant Fitness Certification. SUMMARY OF THE RULE OR CHANGE: The rule outlines the requirement for a Commercial Driver License applicant to certify compliance with federal fitness standards contained in 49 CFR 391.41, 43, and 45, which has been included in Subsection 53-3-410.1. The rule also includes language that references an exemption provided in 49 CFR 390.3 and 391.2, which has been included in Subsection 53-3-102(12)(b) and language that references a provision for an intrastate exemption, which has been included in Subsection 53-3-402(12)(c). As a result of the inclusion of the provisions of the rule in the Utah Code with the passage of S.B. 20 (2015), this rule is no longer needed. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This change will not affect the state budget because the information in the rule has been incorporated into the Utah Code, and is currently being applied as a result of the passage of S.B. 20 (2015). - LOCAL GOVERNMENTS: This change will not affect local government because the information in the rule has been incorporated into the Utah Code, and is currently being applied as a result of the passage of S.B. 20 (2015). - SMALL BUSINESSES: This change will not affect small businesses because the information in the rule has been incorporated into the Utah Code and is currently being applied as a result of the passage of S.B. 20 (2015). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change will not affect persons other than small businesses, businesses, or local government entities because the information in the rule has been incorporated into the Utah Code and is currently being applied as a result of the passage of S.B. 20 (2015). COMPLIANCE COSTS FOR AFFECTED PERSONS: This change will result in no compliance cost for affected persons because the information in the rule has been incorporated into the Utah Code and is currently being applied as a result of the passage of S.B. 20 (2015). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the amendment and found that this rule change will not have a fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 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 - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41200.htm 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 March 17, 2017. From the end of the 30-day waiting period through June 15, 2017, an agency may notify the Office 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 Office 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. ENVIRONMENTAL QUALITY WATER QUALITY No. 40995 (Change in Proposed Rule): R317-1. Definitions and General Requirements. SUMMARY OF THE RULE OR CHANGE: The new Section R317-1-10 is amended in response to comments received from Western Resource Advocates and the United States Environmental Protection Agency to clarify that public comment opportunities will be provided as part of the Independent Scientific Review process. The changes do not represent substantive changes to the process defined in the rule. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the December 1, 2016, issue of the Utah State Bulletin, on page 49. 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: The proposed changes will have no additional costs or savings to the state budget but only clarify the review procedures. - LOCAL GOVERNMENTS: The proposed changes will have no additional costs or savings to local government but only clarify the review procedures. - SMALL BUSINESSES: The proposed changes will have no additional costs or savings to small businesses but only clarify the review procedures. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed changes will have no additional costs or savings to other persons but only clarify the review procedures. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons are not changed due to the changes proposed in this rulemaking since the proposed changes only clarify the review procedures. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The change in proposed rule does not substantively change the intent or processes outlined in the original proposed rule that was approved by the Water Quality Board and noticed for public comment on 12/01/2016. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/40995.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 40930 (Change in Proposed Rule): R501-21. Outpatient Treatment Programs. SUMMARY OF THE RULE OR CHANGE: The filing makes changes to the definition of Outpatient Treatment Program and other technical edits determined to be necessary since the rule was originally filed in November 2016. (EDITOR'S NOTE: The original proposed repeal and reenactment upon which this change in proposed rule (CPR) was based was published in the November 15, 2016, issue of the Utah State Bulletin, on page 83. 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 repeal and reenactment 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: The proposed changes maintain the same impact on state budget as the originally filed bill. None of the text changes impacts this. - LOCAL GOVERNMENTS: The proposed changes maintain the same impact on local government as the originally filed bill. None of the text changes impacts this. - SMALL BUSINESSES: The proposed changes could slightly increase the number of small businesses required to license with Office of Licensing from the originally filed rule. However, this was anticipated due to H.B. 259 from the 2016 General Session. Part of the intent of requiring Office of Licensing to create the Outpatient Treatment Program definition was to ensure the right entities were being captured under the scope of licensing to help avoid fraud and exploitation in treatment settings. So, some small business could be paying license fees and for any requirements to come into compliance with licensure. The bulk of this was already captured in the original filing, this modification increases that only slightly, maybe 5%, of what the original rule would have captured. The Division has no way to count the number of affected entities but thinks it is a relatively small number. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed changes maintain the same fiscal impact on persons as the originally filed bill. None of the text changes impacts this. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed changes maintain the same compliance costs to persons and organizations as the originally filed repeal and reenactment, with only a slightly increased number affected as described in small businesses impact above. The costs themselves are not changed by this update, only by the potential for more entities to be affected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Fiscal impact remains similar to the previously filed rule, with the potentially for a minimal amount of additional businesses to be affected. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Diane Moore by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@utah.gov - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@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: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/40930.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41031 (Change in Proposed Rule): R746-341. Lifeline Rule. SUMMARY OF THE RULE OR CHANGE: The rule governing re-enrollment is clarified to state that certain information is required to be provided to eligible telecommunications carriers no later than five days prior to the first business day of the anniversary enrollment month of the participant. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the December 15, 2016, issue of the Utah State Bulletin, on page 40. 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: The state has been administering the Lifeline program for many years and has the budget in place to continue that function. This clarification of the participant verification and re-enrollment rules will not affect the state's administrative duties. No fiscal impact to the state is anticipated. - LOCAL GOVERNMENTS: Local governments are not required to enforce or comply with the Lifeline rules. No fiscal impact to local government is anticipated. - SMALL BUSINESSES: This clarification modifies the timeline on which small businesses that provide Lifeline telephone service will receive certain information necessary to re-enroll customers who participate in the Lifeline program. It does not change these business' obligations or create any new costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons who are required to re-enroll in the Lifeline program annually will be required to do so on a specific schedule. However, there are no associated costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: This clarification modifies the timeline on which telecommunications providers and Lifeline participants will undertake the annual re-enrollment process. It does not change the associated costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, this clarification modifies the timeline Lifeline providers will use to re-enroll participants annually. There is no change to the re-enrollment requirements nor any change to the associated costs. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/17/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41031.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 http://www.rules.utah.gov/publicat/code.htm. 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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 41266 (5-year Review): R23-1. Procurement Rules with Numbering Related to the Procurement Code. 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 should be continued because it is required under Subsection 63A-5- 103(1)(e). DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov EFFECTIVE: 02/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41266.htm No. 41267 (5-year Review): R23-19. Facility Use Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because the Building Board is required to make rules regarding the use and management of state facilities under Title 63G, Chapter 3. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov EFFECTIVE: 02/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41267.htm No. 41268 (5-year Review): R23-20. Free Speech Activities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because such a rule regarding the use and management of state facilities is required under Title 63G, Chapter 3. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov EFFECTIVE: 02/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41268.htm AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 41194 (5-year Review): R58-19. Compliance Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule sets forth the procedures that the Animal Industry Division must follow in issuing emergency orders and citations to protect the public from unlawful agricultural and food products and services. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cody James by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 01/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41194.htm PLANT INDUSTRY No. 41195 (5-year Review): R68-19. Compliance Procedures. 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 does the following: 1) provides emergency orders to stop the sale or use of agriculture products, 2) provides an entity with a citation of penalty of fine for violation of state code or Division policy or rule, and 3) conducts a hearing when requested by an entity that has received an order or citation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 01/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41195.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41198 (5-year Review): R156-11a. Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 11a, with respect to barber, barber instructor, barber school, cosmetologist/barber, cosmetologist/barber instructor, cosmetology/barber school, electrologist, electrologist instructor, electrology school, esthetician, master esthetician, esthetician instructor, esthetics school, nail technology, nail technology instructor, nail technology school, and apprentices in these professions as allowed in Subsection 58-11a-306. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov EFFECTIVE: 01/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41198.htm No. 41199 (5-year Review): R156-55d. Burglar Alarm Licensing Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 55, with respect to alarm companies and alarm company agents. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov EFFECTIVE: 01/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41199.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 41231 (5-year Review): R307-110. General Requirements: State Implementation Plan. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-110 is required by the Federal Clean Air Act. Section 110 of the Clean Air Act requires states to develop State Implementation Plans that demonstrate how the state will meet federal air quality standards. Rule R307-110 is necessary because it incorporates Utah's State Implementation Plans into state law so that the plans can be enforced and Utah can attain federal air quality standards. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41231.htm No. 41230 (5-year Review): R307-120. General Requirements: Tax Exemption for Air Pollution Control Equipment. 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 should be continued because it implements the procedures related to the statutory right to receive a tax exemption for certain pollution control equipment. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41230.htm No. 41229 (5-year Review): R307-130. General Penalty Policy. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to implement the penalty structure that is set out in Section 19-2-115. The rule is also necessary because it puts the public on notice to how the penalty process would work in a non-compliance situation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41229.htm No. 41228 (5-year Review): R307-135. Enforcement Response Policy for Asbestos Hazard Emergency Response Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it sets forth the conditions for issuance of a notice of violation and the penalties to be assessed for violating the Asbestos Hazard Emergency Response Act. Without Rule R307-135, a person may be able to violate the Asbestos Hazard Emergency without penalty from the state. Therefore, Rule R307-135 is important for protecting human health and ensuring compliance with the Asbestos Hazard Emergency Response Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41228.htm No. 41227 (5-year Review): R307-301. Utah and Weber Counties: Oxygenated Gasoline Program As a Contingency Measure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it is required for compliance with the Clean Air Act. Section 211(m)(1) of the Clean Air Act required Utah County to implement an oxygenated gasoline program to bring it into attainment of the carbon monoxide National Ambient Air Quality Standards. Clean Air Act Section 175A(d) requires that maintenance plans assure prompt action to correct any violation of the standard that occurs after an area is re- designated to attainment, and mandatory Clean Air Act requirements must be included as contingency measures. The oxygenated gasoline program is a contingency measure in case the carbon monoxide National Ambient Air Quality Standard is violated in Provo or Ogden. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41227.htm No. 41226 (5-year Review): R307-320. Ozone Maintenance Areas and Ogden City: Employer-Based Trip Reduction Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it is helps Utah satisfy its obligations under Section 110 of the Clean Air Act. Section 110 requires states to develop implementation plans that demonstrate how they will comply with National Ambient Air Quality Standards. Rule R307-320 is a control strategy included in Utah's State Implementation Plan to reduce ambient ozone, and it is a contingency measure for carbon monoxide. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41226.htm No. 41225 (5-year Review): R307-325. Ozone Nonattainment and Maintenance Areas: General Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it is required by the Clean Air Act. Section 110 and Part D of the Clean Air Act require the state of Utah to develop a State Implementation Plan that will allow the state to attain certain federal air quality standards. Without the state plan, EPA would be required to impose a federal implementation plan, and the state could lose some of its ability to make its own policy decisions on how it will comply with federal air quality standards. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41225.htm No. 41223 (5-year Review): R307-326. Ozone Nonattainment and Maintenance Areas: Control of Hydrocarbon Emissions in Petroleum Refineries. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because the rule is required under the state implementation plan for ozone, incorporated by reference under Section R307- 110-13. The plan is also required by Section 110 of the Clean Air Act. Without the state plan, EPA would be required to impose a Federal Implementation Plan. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41223.htm No. 41222 (5-year Review): R307-327. Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage. 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 is required under the state implementation plan for ozone, incorporated by reference under Section R307-110-13. The plan is also required by Section 110 of the Clean Air Act. The rule is a necessary for the Utah's State Implementation Plan to meet federal ozone standards. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41222.htm No. 41221 (5-year Review): R307-328. Gasoline Transfer and Storage. 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 is required under the state implementation plan for ozone, incorporated by reference under Section R307-110-13. The plan is also required by Section 110 of the Clean Air Act. Without the state plan, EPA would be required to impose a Federal Implementation Plan. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41221.htm No. 41220 (5-year Review): R307-335. Degreasing and Solvent Cleaning Operations. 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 is required under the state implementation plan for ozone, incorporated by reference under Section R307-110-13. The plan is required by Section 110 of the Clean Air Act, and without the rule the EPA would have to write a Federal Implementation Plan. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41220.htm No. 41219 (5-year Review): R307-341. Ozone Nonattainment and Maintenance Areas: Cutback Asphalt. 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 is required under the state implementation plan for ozone, incorporated by reference under Section R307-110-13. The plan is also required by Section 110 of the Clean Air Act. It is a necessary part of Utah's State Implementation Plan to attain the National Ambient Air Quality Standard for ozone. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41219.htm No. 41218 (5-year Review): R307-343. Emissions Standards for Wood Furniture Manufacturing Operations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-343 limits the emissions of volatile organic compounds, a precursor to ozone, from wood furniture manufacturers in ozone nonattainment and maintenance areas. This rule is needed to ensure that emissions of air pollution do not harm public health. This rule outlines emissions standards for wood furniture manufacturing operations and should be continued. This rule is part of a proactive strategy to ensure that Salt Lake and Davis counties continue to meet the ozone standard. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41218.htm ENVIRONMENTAL RESPONSE AND REMEDIATION No. 41206 (5-year Review): R311-401. Hazardous Substances Priority List. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Publication and maintenance of the hazardous substances priority list is required by Section 19-6-11, the Utah Hazardous Substances Mitigation Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Dale Urban by phone at 801-536-4145, by FAX at 801-536-4242, or by Internet E-mail at durban@utah.gov - Sandra Allen by phone at 801-536-4122, by FAX at 801-359-8853, or by Internet E-mail at skallen@utah.gov EFFECTIVE: 01/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41206.htm FINANCIAL INSTITUTIONS CREDIT UNIONS No. 41197 (5-year Review): R337-10. Rule Designating Applicable Federal Law for Credit Unions Subject to the Jurisdiction of the Department of Financial Institutions. 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 establishes that designated federal law may only be enforced by the department by taking action permitted under Title 7 and the applicable chapters set forth in Section 7-1-325. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at pallred@utah.gov EFFECTIVE: 01/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41197.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, WIC SERVICES No. 41254 (5-year Review): R406-100. Special Supplemental Nutrition Program for Women, Infants and Children. 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 needed to regulate the administration of the WIC program within the local health departments. This rule is also needed to outline how "high risk" status is determined for grocery retailers contracted to accept WIC checks. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rick Wardle by phone at 801-273-2991, by FAX at 801-272-3184, or by Internet E-mail at rwardle@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41254.htm No. 41255 (5-year Review): R406-200. Program Overview. 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 needed to regulate the administration of the WIC program within the local health departments and outlines how local grocery retailers under contract with the WIC program can redeem WIC checks. This rule also outlines how public comments are accepted regarding the details of the WIC State Plan and the Policy and Procedures Manual. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rick Wardle by phone at 801-273-2991, by FAX at 801-272-3184, or by Internet E-mail at rwardle@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41255.htm No. 41256 (5-year Review): R406-201. Outreach Program. 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 needed to regulate the administration of the WIC program within the local health departments. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rick Wardle by phone at 801-273-2991, by FAX at 801-272-3184, or by Internet E-mail at rwardle@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41256.htm No. 41257 (5-year Review): R406-202. Eligibility. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is needed to regulate the administration of the WIC program within the local health departments. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rick Wardle by phone at 801-273-2991, by FAX at 801-272-3184, or by Internet E-mail at rwardle@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41257.htm No. 41258 (5-year Review): R406-301. Clinic Guidelines. 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 needed to regulate the administration of the WIC program within the local health departments. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rick Wardle by phone at 801-273-2991, by FAX at 801-272-3184, or by Internet E-mail at rwardle@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41258.htm HERITAGE AND ARTS ARTS AND MUSEUMS No. 41196 (5-year Review): R451-1. Utah Arts Council General Program 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 rule should continue based on statutory authority, which establishes the purpose, scope, and authority of the Utah Arts Council. DIRECT QUESTIONS REGARDING THIS RULE TO: - Natalie Petersen by phone at 801-236-7552, or by Internet E-mail at npetersen@utah.gov EFFECTIVE: 01/18/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41196.htm No. 41201 (5-year Review): R451-2. Policy for Commissions, Purchases, and Donations to, and Loans from, the Utah State Art Collections. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statutory authority still exists for the rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Natalie Petersen by phone at 801-236-7552, or by Internet E-mail at npetersen@utah.gov EFFECTIVE: 01/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41201.htm HUMAN SERVICES ADMINISTRATION No. 41217 (5-year Review): R495-884. Kinship Locate. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because of the laws that require ORS to maintain a state parent locator service for use in locating authorized persons. This rule also provides the procedures required by law to submit requests to the federal and state parent locator service for the purpose of locating parents, putative fathers, or children for the purpose of assisting state agencies to carry out their responsibilities. This rule also provides procedures required by law for releasing information obtained from the federal or state parent locator service, including information that may be safeguarded. 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 - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 01/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41217.htm RECOVERY SERVICES No. 41210 (5-year Review): R527-37. Closure Criteria for Support Cases. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The federally mandated case closure criteria are still in effect and are not found in state statute. Therefore, this rule should be continued. 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 - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@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 EFFECTIVE: 01/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41210.htm No. 41207 (5-year Review): R527-255. Substantial Change in Circumstances. 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 should be continued so that it remains clear what is meant by a temporary change in circumstances and a permanent change in circumstances, as well as when the proceedings for an adjustment of a support award must be initiated. Therefore, this rule should be continued. 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 - Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov EFFECTIVE: 01/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41207.htm No. 41208 (5-year Review): R527-300. Income Withholding. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: All of the statutes under which this rule is enacted are still in effect. The rule continues to provide necessary clarification and detail for carrying out income withholding in IV-D cases. Therefore, this rule should be continued. 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 - Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov EFFECTIVE: 01/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41208.htm No. 41209 (5-year Review): R527-330. Posting Priority of Payments Received. 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 requires an organized approach to dealing with support payments paid to ORS and makes distribution to current support the first priority so that when payments are made, families not receiving IV-A cash assistance from the state can expect to receive financial support for their current family needs. The rule also allows an obligor with more than one case to indicate an intention to credit a payment to a particular case. Finally, the rule allows the state to recover money that has been expended in IV-A cash assistance to families and specifies that arrears owed to the family will be paid before arrears owed to the state. Therefore, this rule should be continued. 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 - Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov EFFECTIVE: 01/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41209.htm No. 41214 (5-year Review): R527-412. Intercept of Unemployment Compensation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because the laws authorizing income withholding to collect child support from unemployment compensation benefits are still in effect, as are the laws defining the limits of what can be withheld from such benefits. 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 - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 01/26/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41214.htm INSURANCE ADMINISTRATION No. 41215 (5-year Review): R590-116. Valuation of Assets. 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 sets a standard for all insurers doing business in Utah to use in determining the value of their assets. The rule helps the department assess the financial health of each licensed insurer in an effort to protect the financial security of their insureds. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 01/26/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41215.htm No. 41216 (5-year Review): R590-117. Valuation of Liabilities. 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 standardizes those liabilities that should be listed on an insurer's annual statement, as well as how they are to be valued. It is important that the liabilities of all licensed insurers in Utah be evaluated by the same standard for fairness. Knowing the true value of an insurer's liabilities is one way the department has of determining the insurer's financial health. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 01/26/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41216.htm PARDONS (BOARD OF) ADMINISTRATION No. 41241 (5-year Review): R671-202. Notification of Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule should be continued because it provides direction about how offender hearings are notified by the Board. The rule gives specific timelines and direction on how the public is notified of offender hearings. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41241.htm No. 41242 (5-year Review): R671-203. Victim Input and Notification. 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 should be continued because it provides direction about how victims are allowed rights at a parole hearing of an offender. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41242.htm No. 41243 (5-year Review): R671-205. Credit for Time Served. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule in order to support what qualifies for credit for time served. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41243.htm No. 41244 (5-year Review): R671-207. Mentally Ill and Deteriorated Offender Custody Transfer. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule in order to comply with the statute of committed offenders with mental illness. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41244.htm No. 41245 (5-year Review): R671-301. Personal Appearance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule in order to comply with required parole hearing criteria. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41245.htm No. 41246 (5-year Review): R671-302. News Media and Public Access to Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule in order to comply with Utah's Open Meetings Act and support the media in its efforts to cover parole hearings, rehearings, or parole violation hearings. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41246.htm No. 41240 (5-year Review): R671-303. Information Received, Maintained or Used by the Board. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule in order to comply with GRAMA requirements. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41240.htm No. 41247 (5-year Review): R671-304. Hearing Record. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule in order to comply with GRAMA requirements. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41247.htm No. 41239 (5-year Review): R671-305. Board Decisions and Orders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it keeps us compliant with GRAMA and records retention. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41239.htm No. 41248 (5-year Review): R671-308. Offender Hearing Assistance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports this continuation of this rule because of its specific nature of the Board's functions with hearings and representation. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41248.htm No. 41249 (5-year Review): R671-310. Rescission Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule in order to assure public safety when an offender will be released from custody. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41249.htm No. 41250 (5-year Review): R671-311. Special Attention Reviews, Hearings, and Decisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule to align with the legislative intent of the Justice Reinvestment Initiative (JRI). DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41250.htm No. 41251 (5-year Review): R671-315. Pardons. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it defines how the Board forgives acts of crimes, restoring one's civil rights. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41251.htm No. 41238 (5-year Review): R671-316. Redetermination. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it supports an offender's due process for consideration of significant information that may change a Board determination. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41238.htm No. 41252 (5-year Review): R671-402. Special Conditions of Parole. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because if it feels that special conditions are in the best interest of the public, the Board should be allowed to implement those conditions to a parole agreement. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41252.htm No. 41253 (5-year Review): R671-405. Parole Termination. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Board supports the continuation of this rule because it remains a guide for the Board to strive for balance and fairness in parole terminations. DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov - Greg Johnson by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at gregjohnson@utah.gov EFFECTIVE: 01/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41253.htm PUBLIC SAFETY DRIVER LICENSE No. 41203 (5-year Review): R708-2. Commercial Driver Training Schools. 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 Section 53-3-505, which requires the commissioner to make rules regarding the requirements for a commercial driving school license, an instructor's license, applications for licenses, and minimum standards for use of driving simulators. The rule allows the division to ensure that commercial driving schools and instructors maintain the equipment, knowledge, and materials to effectively train students to operate a motor vehicle on the highways. The rule also ensures that individuals involved in commercial driver education possess the moral character and physical ability necessary to engage with students. 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 - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41203.htm No. 41204 (5-year Review): R708-21. Third-Party Testing. 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 53-3-104 (15), which requires the division make rules to establish procedures and standards for an individual to become licensed as a third-party tester or examiner, minimum standards for skills testing, and procedures to administer those tests. This rule also includes requirements under Section 53-3-407.1 to establish minimum standards for a commercial tester or examiner, the application process for a commercial tester or examiner license, and standards for administration of skills tests, in addition to auditing procedures to maintain the integrity of the program. 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 - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41204.htm No. 41202 (5-year Review): R708-27. Certification of Driver Education Teachers in the Public Schools to Administer Knowledge and Driving Skills Tests. 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 is required by Section 53A-13-208 and Subsection 53-3-104(11), which require the Driver License Division of the Department of Public Safety and the State Board of Education to establish procedures and standards to certify teachers of driver education classes to administer written and driving tests. 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 - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41202.htm No. 41205 (5-year Review): R708-39. Physical and Mental Fitness Testing. 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 53-3-104(1), which requires the division to make rules for examining applicants for a license, as necessary for the safety and welfare of the traveling public. Section 53-3-206 requires the division to examine every applicant’s physical and mental fitness to operate a motor vehicle. This rule outlines specific testing that will be administered to determine an applicant's physical and mental fitness, as well as knowledge of the traffic laws and rules. In accordance with Section 53-3-206, this rule establishes principles by which this division shall determine the physical and mental aptitude of each candidate for a Utah Driver License. Using these guidelines, we ensure that the Division examines the driver’s understanding of simple English and knowledge of state laws. This rule also establishes the need for eyesight standards along with the potential need for further review of medical conditions by way of a doctor's statement. Using this rule, the Division clarifies the methods of knowledge testing, scoring standards, and subject material used for administering knowledge exams to ensure that they serve the Division in establishing a standard of mental and physical aptitude that matches the legislative intent. 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 - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41205.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41262 (5-year Review): R746-349. Competitive Entry and Reporting Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Statutory provisions requiring commission regulation and resolution of disputes in the areas addressed by the rule continue in force and necessitate continuation of the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 01/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41262.htm No. 41263 (5-year Review): R746-351. Pricing Flexibility. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The procedure described in this rule by which the pricing flexibility, granted by the commission to an incumbent telephone corporation, may become effective continues to be necessary. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 01/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41263.htm No. 41264 (5-year Review): R746-440. Voluntary Resource Decision. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes the procedures and information requirements for approval of a utility's resource decision or for seeking an order to proceed with an approved resource decision. This rule continues to be necessary because Sections 54-17-401 through 54-17-404 remain in force. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 01/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170215/41264.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 FACILITIES CONSTRUCTION AND MANAGEMENT No. 40947 (AMD): R23-3.Planning, Programming, Request for Capital Development Projects and Operation and Maintenance Reporting Published: 12/01/2016 Effective: 01/20/2017 No. 40946 (AMD): R23-30.State Facility Energy Efficiency Fund Published: 12/01/2016 Effective: 01/20/2017 PURCHASING AND GENERAL SERVICES No. 40898 (AMD): R33-16.Protests Published: 11/15/2016 Effective: 01/20/2017 AGRICULTURE AND FOOD REGULATORY SERVICES No. 40918 (AMD): R70-101.Bedding, Upholstered Furniture and Quilted Clothing Published: 11/15/2016 Effective: 01/26/2017 ATTORNEY GENERAL ADMINISTRATION No. 40950 (AMD): R105-1.Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services Published: 12/01/2016 Effective: 01/20/2017 COMMERCE REAL ESTATE No. 40952 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 12/01/2016 Effective: 01/19/2017 EDUCATION ADMINISTRATION No. 41033 (AMD): R277-404.Requirements for Assessments of Student Achievement Published: 12/15/2016 Effective: 01/24/2017 ENVIRONMENTAL QUALITY AIR QUALITY No. 40773 (CPR): R307-302.Solid Fuel Burning Devices Published: 01/01/2017 Effective: 02/01/2017 No. 40773 (AMD): R307-302.Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber Counties Published: 10/01/2016 Effective: 02/01/2017 WATER QUALITY No. 40987 (AMD): R317-1-7.TMDLs Published: 12/01/2016 Effective: 01/30/2017 HEALTH ADMINISTRATION No. 40996 (NEW): R380-77.Coordination of Patient Identification and Validation Services Published: 12/01/2016 Effective: 02/01/2017 DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 41038 (AMD): R386-702.Communicable Disease Rule Published: 12/15/2016 Effective: 01/27/2017 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 41029 (AMD): R426-9.Trauma and EMS System Facility Designations Published: 12/15/2016 Effective: 02/01/2017 TRANSPORTATION OPERATIONS, AERONAUTICS No. 40937 (NEW): R914-3.Aircraft Registration Enforcement Published: 12/01/2016 Effective: 01/18/2017 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 . <> ----------------------------