---------------------------- Utah State Digest, Vol. 2017, No. 22 (November 15, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed October 17, 2017, 12:00 AM through November 1, 2017, 11:59 PM Volume 2017, No. 22 November 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 https://rules.utah.gov/publications/utah- state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Public Notice of 2018 Board and Committee Meeting Schedules - W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/sn159563.htm Notice of Public Comment for Wildfire Exceptional Events on September 6 - 7, 2017 - Mat Carlile by phone at 801-536-4116, by FAX at 801-536-4136, or by Internet E-mail at mcarlile@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/sn159586.htm Long Term Acute Care - 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: https://rules.utah.gov/publicat/bulletin/2017/20171115/sn159595.htm Notice for December 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: https://rules.utah.gov/publicat/bulletin/2017/20171115/sn159573.htm Correcting Public Hearing Time for Filing on Rule R671-304 in the November 1, 2017, Bulletin - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/sn159611.htm NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between October 17, 2017, 12:00 a.m., and November 1, 2017, 11:59 p.m. are summarized in this, the November 15, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the November 15, 2017, issue of the Utah State Bulletin until at least December 15, 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 March 15, 2018, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. ADMINISTRATIVE SERVICES FINANCE No. 42286 (New Rule): R25-3. Personal Use Expenditures Administrative Penalty Appeal Procedures. SUMMARY OF THE RULE OR CHANGE: This rule establishes appeal procedures for requesting an informal adjudicative hearing by the appeal authority when an employee or officer of a governmental entity disagrees with the responsible governmental entity's finding and administrative penalties regarding making personal use expenditures. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed rule is not expected to impact state revenues or expenditures. The purpose of this rule is to describe the process for appealing administrative findings and penalties associated with personal use expenditures. The goal of the underlying personal use expenditure law is to provide a deterrent, such that there is a $0 net impact on all parties involved. However, direct fiscal impacts of the underlying personal use expenditure law on the state budget may include a possible monetary gain to the Division of Finance, in the form of an administrative penalty equal to 50% of the personal use expenditure. These fiscal impacts are inestimable, both because they apply only in cases of unforeseeable violations of law, and because the penalty assessed will vary depending on the amount of the personal use expenditure. Accordingly, the fiscal impacts of this rule, which describes a process through which the penalty may be confirmed or overturned, are also inestimable. Direct fiscal impacts may also include agency staff time and resources dedicated to the appeals process. These fiscal impacts are also inestimable, as the number of state employees or officers that will be determined to have made a personal use expenditure, be assessed a penalty, and appeal the determination and penalty is unknown and, ideally, will be $0. - LOCAL GOVERNMENTS: Because this rule applies only to state officers and employees, it is expected to have no impact on local governments. - SMALL BUSINESSES: The purpose of this rule is to describe the process for appealing administrative findings and penalties associated with personal use expenditures. The goal of the underlying personal use expenditure law is to provide a deterrent, such that there is a $0 net impact on all parties involved. However, inestimable fiscal impacts of the underlying law on small businesses may include any money that a state officer or employee might have spent at a small business but must instead pay to the Division of Finance in the form of an administrative penalty. This amount is inestimable, both because it applies only in cases of unforeseeable violations of law, and because the penalty assessed will vary depending on the amount of the personal use expenditure. Accordingly, the fiscal impacts of this rule, which describes a process through which the penalty may be confirmed or overturned, are also inestimable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The purpose of this rule is to describe the process for appealing administrative findings and penalties associated with personal use expenditures. The goal of the underlying personal use expenditure law is to provide a deterrent, such that there is a $0 net impact on all parties involved and minimal occasions to file an appeal. Therefore, for the typical member of the affected party (a state officer or employee), the proposed rule is expected to have no direct or indirect fiscal impacts. However, inestimable fiscal impacts of the underlying personal expenditure law on a state officer or employee may include any money he or she might have to pay to the Division of Finance in the form of an administrative penalty. This amount is inestimable, both because it applies only in cases of unforeseeable violations of law, and because the penalty assessed will vary depending on the amount of the personal use expenditure. Accordingly, the fiscal impacts of this rule, which describes a process through which the penalty may be confirmed or overturned, are also inestimable. The state officer or employee may also be responsible for costs associated with filing the appeal. This amount is also inestimable, because it again applies only in cases of unforeseeable violations of law and depends on the actions taken and resources engaged by the appellant. COMPLIANCE COSTS FOR AFFECTED PERSONS: The costs could be: time to prepare an appeal and attend an appeal hearing, attorney fees if the affected person hires an attorney, and travel costs to attend the appeal hearing. These costs cannot be reasonably estimated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are reasonable and warranted. As further detailed in the cost answers above and the attached Appendix, inestimable fiscal impacts of the underlying law on small and non-small businesses may include any money that a state officer or employee might have spent at a small or non-small business but must instead pay to Division of Finance in the form of an administrative penalty. This amount is inestimable, both because it applies only in cases of unforeseeable violations of law, and because the penalty assessed will vary depending on the amount of the personal use expenditure. Accordingly, the fiscal impacts of this rule, which describes a process through which the penalty may be confirmed or overturned, are also inestimable. As the goal of the underlying personal use expenditure law is to provide a deterrent, such that there is a $0 net impact on all parties involved, the estimated fiscal impact of this rule on small and non-small businesses is $0. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Reidhead by phone at 801-538-1678, by FAX at 801-538-3244, or by Internet E-mail at jreidhead@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42286.htm ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 42290 (Amendment): R81-1-11. Multiple-Licensed Facility Storage and Service. SUMMARY OF THE RULE OR CHANGE: Subsection 32B-5-207(3)(c) requires that the licensee provide notice to the Alcohol Beverage Control Commission (Commission) of each retail license the licensee will surrender effective 07/01/2018 if there are two or more licensed premises in the same room in violation of Subsection 32B-5-207(1). This proposed rule amendment creates a procedure in which a licensee may request a determination from the Department of Alcohol Beverage Control (Department) as to whether their licenses are in violation of Subsection 32B-5-207(1), establishes a deadline to notify the Department of which license(s) will be surrendered effective 07/01/2018, and creates an avenue for the Commission to take action in the event that a licensee fails to surrender a license that is in violation of Subsection 32B- 5-2017(1). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). Costs and savings for administering the change was calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None--Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). Costs and savings to local governments was calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None--Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). Costs and savings to small businesses was calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any anticipated cost or savings to Persons other than small businesses, businesses, or local government entities are a result of statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). Costs and savings to persons other than small businesses, businesses, or local government entities was calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule does not create any compliance cost for licensees, it simply creates a procedure for compliance. There are no fees associated with this process and any costs for compliance are a result of statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). This rule amendment creates a procedure for surrendering license(s) that are not in compliance with the statutory change. The costs and savings to businesses was calculated as part of the fiscal note. There was no fee in statute and there is no fee in the proposed rule change. Savings to the businesses would result in reduced licensing fees as a result of surrendering one or more license(s) as required by statute. Therefore, this rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42290.htm No. 42292 (Amendment): R81-1-12A. Department Training Programs. SUMMARY OF THE RULE OR CHANGE: This rule amendment establishes the following: requirements for training, measures to identify participants, testing to measure engagement of the participants, certificates for participants as a record for participants and license holders, and a $25/per person fee. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017), which requires the Department of Alcohol Beverage Control (Department) to develop training programs for all managers and some businesses with violations. Costs and savings for administering this program and collecting the $25/per person fee were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None--Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings to local governments were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None--Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings for small businesses participating in this program, including the $25/per person fee were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Any compliance cost for on-and off-premise applicants and licensees are a result of the statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings for these businesses participating in this program, including the $25/per person fee were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings for businesses participating in this program, including the $25/per person fee were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42292.htm No. 42284 (Amendment): R81-4A-15. Grandfathered Bar Structures. SUMMARY OF THE RULE OR CHANGE: This proposed rule amendment adopts the definition of "remodels the grandfathered bar structure" found in this rule and applies to the bar structure and dining area. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017), which requires the Alcohol Beverage Control Commission (Commission) to define when a restaurant has remodeled their grandfathered bar or dining area. Costs and savings for administering this change were calculated as part of the fiscal note. This rule change does not create any additional cost of savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None--Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a restaurant has remodeled their grandfathered bar or dining area. Costs and savings to local governments were calculated as part of the fiscal note. This rule change does not create any additional cost of savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None--Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a restaurant has remodeled their grandfathered bar or dining area. This rule provides clarification to licensees (including small businesses) as what changes can be made to their restaurant without losing their grandfathered status prior to 07/01/2018. While a remodel, as defined by this rule, would require that the licensee comply with additional operational requirements, prior to 07/01/2022, those costs and savings were calculated as part of the fiscal note for H.B. 442 (2017). This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of statutory requirements of H.B. 442 (2017), which requires the Commission to define when a restaurant has remodeled their grandfathered bar or dining area. Costs and savings were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Any compliance cost for full service restaurants are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a restaurant has remodeled their grandfathered bar or dining area. This rule provides clarification to licensees as what changes can be made to their restaurant without losing their grandfathered status prior to 07/01/2018. While a remodel, as defined by this rule, would require that the licensee comply with additional operational requirements prior to 07/01/2022, those costs and savings were calculated as part of the fiscal note for H.B. 442 (2017). This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a restaurant has remodeled their grandfathered bar or dining area. This rule provides clarification to licensees (including businesses) as what changes can be made to their restaurant without losing their grandfathered status prior to 07/01/2018. While a remodel, as defined by this rule, would require that the licensee comply with additional operational requirements prior to 07/01/2022 those costs and savings were calculated as part of the fiscal note for H.B. 442 (2017). This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42284.htm No. 42289 (Amendment): R81-4C-14. Grandfathered Bar Structures. SUMMARY OF THE RULE OR CHANGE: This proposed rule amendment adopts the definition of "remodels the grandfathered bar structure" found in this rule and applies to the bar structure and dining area. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017), which requires the Alcohol Beverage Control Commission (Commission) to define when a limited service restaurant has remodeled their grandfathered bar or dining area. Costs and savings for administering this change were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None--Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a limited service restaurant has remodeled their grandfathered bar or dining area. Costs and savings to local government were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None--Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a limited service restaurant has remodeled their grandfathered bar or dining area. This rule provides clarification to licensees (including small businesses) as to what changes can be made to their limited service restaurant without losing their grandfathered status prior to 07/01/2018. While a remodel, as defined by this rule, would require that the licensee comply with additional operational requirements prior to 07/01/2022, those costs and savings were calculated as part of the fiscal note for H.B. 442 (2017). This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a limited service restaurant has remodeled their grandfathered bar or dining area. Costs and savings were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Any compliance cost for limited service restaurants are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a limited service restaurant has remodeled their grandfathered bar or dining area. This rule amendment provides clarification to licensees as to what changes can be made to their limited service restaurant without losing their grandfathered status prior to 07/01/2018. While a remodel, as defined by this rule, would require that the licensee comply with additional operational requirements prior to 07/01/2022, those costs and savings were calculated as part of the fiscal note for H.B. 442 (2017). This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a limited service restaurant has remodeled their grandfathered bar or dining area. This rule amendment provides clarification to licensees (including businesses) as to what changes can be made to their limited service restaurant without losing their grandfathered status prior to 07/01/2018. While a remodel, as defined by this rule, would require that the licensee comply with additional operational requirements prior to 07/01/2022, those costs and savings were calculated as part of the fiscal note for H.B. 442 (2017). This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42289.htm No. 42288 (Amendment): R81-10. Off-Premise Beer Retailers. SUMMARY OF THE RULE OR CHANGE: This proposed rule amendment removes the definition "area that is visibly separate and distinct from the area where a nonalcoholic beverage is displayed". Statute now defines how beer should be displayed in off-premise retailers and does not give explicit authority for the agency to engage in rulemaking. This change establishes a deadline of 10/10/2018 for off-premise retailers who are in operation as of 07/01/2018 to submit their application for an off-premise beer retail license. The proposed change further defines "in operation as of July 1, 2018", as well as the requirements for a complete application. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017), which requires all off-premise beer retailers to obtain state licensing and requires that beer displays be limited to two locations. Costs and savings were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None--Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017), which requires all off-premise beer retailers to obtain state licensing and requires that beer displays be limited to two locations. Costs and savings were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None--Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017), which requires all off-premise beer retailers to obtain state licensing and requires that beer displays be limited to two locations. Costs and savings were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017), which requires all off-premise beer retailers to obtain state licensing and requires that beer displays be limited to two locations. Those costs were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Any compliance cost for off- premise beer retailers are a result of the statutory requirements of H.B. 442 (2017), which requires all off-premise beer retailers to obtain state licensing and requires that beer displays be limited to two locations. This rule change does not create any additional costs for affected persons, it simply creates a deadline for which to comply. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017), which requires all off- premise beer retailers to obtain state licensing and requires that beer displays be limited to two locations. The application fee and requirements for licensing are set by statute and not by rule. Those costs and savings were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42288.htm No. 42287 (Amendment): R81-10C-10. Grandfathered Bar Structures. SUMMARY OF THE RULE OR CHANGE: This proposed rule amendment adopts the definition of "remodels the grandfathered bar structure" found in this rule and applies to the bar structure and dining area. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017), which requires the Alcohol Beverage Control Commission (Commission) to define when a beer-only restaurant has remodeled their grandfathered bar or dining area. Costs and savings for administering this change were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None--Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a beer-only restaurant has remodeled their grandfathered bar or dining area. Costs and savings to local governments were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None--Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a beer-only restaurant has remodeled their grandfathered bar or dining area. This rule provides clarification to licensees (including small businesses) as to what changes can be made to their beer-only restaurant without losing their grandfathered status prior to 07/01/2018. While a remodel, as defined by this rule, would require that the licensee comply with additional operational requirements prior to 07/01/2022, those costs and savings were calculated as part of the fiscal note for H.B. 442 (2017). This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a beer-only restaurant has remodeled their grandfathered bar or dining area. Costs and savings were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Any compliance cost for beer- only restaurants are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a beer-only restaurant has remodeled their grandfathered bar or dining area. This rule provides clarification to licensees as to what changes can be made to their beer-only restaurant without losing their grandfathered status prior to 07/01/2018. While a remodel, as defined by this rule, would require that the licensee comply with additional operational requirements prior to 07/01/2022, those costs and savings were calculated as part of the fiscal note for H.B. 442 (2017). This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Commission to define when a beer-only restaurant has remodeled their grandfathered bar or dining area. This rule provides clarification to licensees (including businesses) as to what changes can be made to their beer-only restaurant without losing their grandfathered status prior to 07/01/2018. While a remodel, as defined by this rule, would require that the licensee comply with additional operational requirements prior to 07/01/2022, those costs and savings were calculated as part of the fiscal note for H.B. 442 (2017). This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42287.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42243 (Amendment): R156-78-502. Unprofessional Conduct. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-78-502(1)(a), the proposed amendment updates the reference to the most current version of the Code of Professional Ethics for Rehabilitation Counselors, which became effective 01/01/2017. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the Division from the proposed amendment. The updated reference is available online at no cost to the Division. The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendment is made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments for the proposed amendment because it is only updating a reference to industry standards. - SMALL BUSINESSES: The proposed amendment to Section R156-78-502 will have no fiscal impact on small businesses because it is only updating a reference to industry standards. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment to Section R156-78-502 will have no fiscal impact on other persons because it is only updating a reference to industry standards. The updated reference is available online at no cost to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment to Section R156-78-502 will have no fiscal impact on affected persons because it is only updating a reference to industry standards. The updated reference is available online at no cost to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The sole amendment to the rule updates the reference to the most current version of the Code of Professional Ethics for Rehabilitation Counselors. The former version of the ethics code was dated 2010 and the new ethics code is dated 2017. No fiscal or non-fiscal impact results from this amendment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42243.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 42274 (Amendment): R317-10-10. Examination. SUMMARY OF THE RULE OR CHANGE: The proposed amendment replaces the option of exam question reviews by participants after failing an exam with a recommendation that the certification council review the comment forms submitted following an exam and submit them to the testing provider. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Staff time to administer the reviews will be reduced by about four days per year. The state budget would not be affected by this small savings. - LOCAL GOVERNMENTS: Local governments that employ wastewater operators who failed an exam and chose to review them, may or may not have paid the employee's salary for the time used to attend the review. Local governments that pay employees for review time would no longer incur this cost. - SMALL BUSINESSES: The wastewater operator certification program is not mandatory for small businesses. Any participation in this program is on a voluntary basis, unless it is part of a settlement agreement resulting from violations of the Water Quality Act. Removing the option of a review should have no cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons are not regulated by this rule and there would be no measurable cost or savings as a result of this change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no additional compliance costs for affected persons due to this review being eliminated. Each person is expected to study prior to testing, but there are no specific prerequisites. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The elimination of review of wastewater certification exams should have no fiscal impact on businesses since the reviews were offered at no charge to those who failed the exams. Businesses were not required to have certified operators, so only those who wished to have some sort of validation of the abilities of their operators voluntarily participated in the program. They would not change their business practices due to the elimination of the reviews. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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: 01/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42274.htm HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 42283 (New Rule): R384-210. Co-prescription Guidelines -- Reporting. SUMMARY OF THE RULE OR CHANGE: This rule establishes scientifically-based guidelines for controlled substance prescribers to co-prescribe an opiate antagonist to a patient pursuant to Title 26, Chapter 55. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule contains scientifically-based guidelines for controlled substance prescribers to co-prescribe an opiate antagonist to a patient and provide education on overdose prevention to patients and/or the patient's household members when factors that increase risk for opioid overdose are present. There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization but those costs are hard to measure. - LOCAL GOVERNMENTS: There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization but those costs are hard to measure. - SMALL BUSINESSES: Some small pharmacies may see an increase in sales of naloxone kits due to the co-prescribing guidelines. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization costs but those costs are difficult to measure. Some pharmacies may see an increase in sales of naloxone kits due to the co-prescribing guidelines. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule provides scientifically- based guidelines on co-prescribing an opiate antagonist to a patient established by Title 26, Chapter 55, which will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule provides guidelines when a provider who prescribes a controlled substance should also co-prescribe an opiate antagonist. This is pursuant to S.B. 258 (2017). The guidelines are scientifically based. This new rule will have a fiscal impact due to increase in sales for pharmacies and for the payors of the prescriptions which is outweighed by the benefit to the patients. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Trisha Keller by phone at 801-538-6865, by FAX at 801-538-9134, or by Internet E-mail at trishakeller@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42283.htm DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 42285 (Amendment): R386-702. Communicable Disease Rule. SUMMARY OF THE RULE OR CHANGE: Reportable condition changes: 1) added Bacillus cereus infections caused by strains that express anthrax toxin genes (pXO1 and/or pXO2 plasmids), including B. cereus biovar anthracis. This was added to the anthrax case definition by CSTE in 2017. These infections are rare, but will cause an anthrax-like illness, and should be treated like an anthrax infection; 2) added Candida auris or Candida haemulonii from any body site. These are emerging diseases causing concern for both multidrug resistance and healthcare transmission; 3) added Chagas disease. There is evidence that the vector for this disease may be present in Utah, which makes addition of this disease important as a potential emerging infection; 4) added Middle-East Respiratory Syndrome (MERS); 5) added a section mandating antimicrobial susceptibility testing when performed on 1 of 12 different organisms; 6) clarified that syphilitic stillbirths are reportable as syphilis cases; 7) clarified acute, chronic, and perinatal hepatitis C are all reportable; 8) specified encephalitis due to any organism (bacterial, fungal, parasitic, protozoan, and viral) is reportable; 9) removed aseptic meningitis; and 10) removed Staphyloccus aureus with vancomycin-intermediate resistance (VISA). Reportable through electronic laboratory reporting changes: 1) added positive influenza tests; 2) added Pseudomonas aeruginosa, resistant to a carbapenem, or with demonstrated carbapenemase production; and 3) added methicillin-susceptible Staphylococcus aureus (MSSA) and methicillin-resistant Staphylococcus aureus (MRSA) from normally sterile sites. Mandatory submission of clinical material changes: 1) added Candida auris or Candida haemulonii from any body site; 2) added carbapenem resistant Acinetobacter species, Enterobacter species, Escherichia coli, Klebsiella species, and Pseudomonas aeruginosa; and 3) removed vancomycin intermediate Staphylococcus aureus. Additional changes are: 1) mandated electronic laboratory reporting from laboratories. Electronic Laboratory Reporting (ELR) is the electronic transmission of data from the laboratories to the public health of laboratory reports which identify reportable conditions; 2) incorporated by reference reporting specification documents; 3) authorized electronic case reporting as an acceptable reporting method; 4) updated the Special Measures for the Control of HIV/AIDS. Specifically, revised definitions and added a definition for re-engagement to care; 5) added language specifying that entities ordering a laboratory test for a reportable communicable disease must provide the performing laboratory with the patient’s address so that the laboratory can report to the appropriate jurisdiction; 6) corrected references throughout the rule; and 7) updated reference information in the "Official References" section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Please see Appendix: Regulatory Impact Analysis for Small and Non-Small Businesses. It is anticipated that proposed changes will require programming and mapping of data fields equating to approximately 0.10 FTE over 4 months to make modifications in diseases being added, removed, or changed. While some conditions are being added to the list, it is important to note that these conditions are anticipated to be rare (one case per year would be unusual), and because they are emerging conditions, they were formerly reportable as such. Therefore, making the conditions explicit will aid in clarifying for reporters that they are reportable, but will not result in costs. However, removal of two conditions from the reportable diseases list will result in decreased time required for epidemiologists to enter and analyze data (approximately 11 hours per year), manage case information, and proposed implementation of electronic laboratory reporting is anticipated to accrue further savings due to decreased time needed for data entry (estimated to save approximately 574 hours at state level). Overall, this results in anticipated savings at the state level. In addition, anticipated benefits from proposed changes at the state level include: better characterization of disease burden at the state level; increased data accuracy and quality, improved timeliness of reporting resulting in improved timeliness in case referral to local health departments for investigation and management of cases allowing for more rapid identification of, and response to, outbreaks. - LOCAL GOVERNMENTS: Please see Appendix: Regulatory Impact Analysis for Small and Non-Small Businesses. Because proposed changes require programming time at the state level, and for laboratories, no costs are anticipated for local health departments. However, savings are anticipated for local health departments related to the decreased time needed to investigate and manage cases for conditions being removed (approximately 90 hours per year). Further savings are anticipated related to electronic laboratory reporting. It is anticipated that approximately 844 hours of data entry time will be saved per local health department, or nearly 11,000 hours for all 13 local health departments in Utah, with full implementation of electronic laboratory reporting in Utah. In addition, anticipated benefits from proposed changes at the local level include: better characterization of disease burden at the local level; increased data accuracy and quality; improved timeliness of reporting resulting in improved timeliness in receipt, investigation, and management of cases allowing for more rapid intervention, as well as identification of, and response to, outbreaks. - SMALL BUSINESSES: No Utah laboratories that will be required to report electronically are small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Please see Appendix: Regulatory Impact Analysis for Small and Non- Small Businesses. There are 54 laboratories in Utah that are required to report conditions to public health, all of which are non-small businesses. Currently, 49/54 (91%) are in the process of implementing electronic reporting. During the first year, it is estimated that the remaining five laboratories will incur a one-time annual cost of $15,000 (approximately $5,000 to build an interface, and $10,000 for programming costs). All laboratories will then have an ongoing annual cost of approximately $1,500 for maintenance of their respective reporting system. Additionally, to make programming changes associated with the proposed changes to the reportable conditions list, it is estimated that approximately 8 hours of programming time per laboratory (1 hour per condition added, removed, or modified) will be needed, or approximately $600 per laboratory. Looking at anticipated savings, overall, there should be a net benefit from these changes for these laboratories. In 2016, 54,000 reports were provided to public health through non-electronic means; estimating 10 minutes per case for laboratory technicians to identify, fax, email, or call information to local or state public health, implementation of electronic reporting will result in approximately 9,180 hours of reporting time saved annually, or approximately 170 hours per laboratory. In addition, it is known that electronic reporting results in more complete notification to public health as it replaces a manual process that may result in delayed, incomplete, or forgotten reports. As an example, after transitioning one laboratory in Utah to electronic reporting, the number of cases of Campylobacter reported from this laboratory increased by 45%, and the number of cases of Chlamydia reported from this laboratory increased by 27%. Also, public health in Utah receives notifications of reportable conditions faster from laboratories that report electronically. On average, Utah public health is notified of a reportable condition within three days after identification from electronic reporters, vs. six days after identification from non-electronic reporters because reporting is required within three days of identification of cases. This change will result in better compliance with reporting requirements in the rule. Other persons: Please see Appendix: Regulatory Impact Analysis for Small and Non-Small Businesses. Because there are two Tribes in Utah who use Utah's communicable disease surveillance system, EpiTrax, for surveillance and management of reportable conditions, it is anticipated that they will benefit from implementation of universal electronic laboratory reporting in the same way that local health departments will (i.e., from data entry savings of approximately 844 hours a year each, as well as benefits associated with more timely identification, investigation, and management of cases). Further, the proposed changes will lead to benefits for all citizens of the State of Utah, since it will result in more rapid identification and response to cases and outbreaks, which results in more rapid control and mitigation, and less exposure to infectious diseases and the resulting impacts of diseases in the community. COMPLIANCE COSTS FOR AFFECTED PERSONS: Please see Appendix: Regulatory Impact Analysis for Small and Non-Small Businesses. There are 54 laboratories in Utah that are required to report conditions to public health, all of which are non-small businesses. Currently, 49/54 (91%) are in the process of implementing electronic laboratory reporting. During the first year, it is estimated that the remaining five laboratories will incur a one- time annual cost of $15,000 (approximately $5,000 to build an interface, and $10,000 for programming costs). All laboratories will then have an ongoing annual cost of approximately $1,500 for maintenance of their respective reporting system. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment fiscally impacts businesses through the need for programming changes. The benefits to the rapid identification and response to cases and outbreaks will result in more rapid control and mitigation of the impact of infectious diseases on Utah citizens that live in an affected community. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Stevens Dimond by phone at 801-538-6810, by FAX at 801-538-9923, or by Internet E-mail at melissastevens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42285.htm FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 42279 (Repeal): R398-1. Newborn Screening. SUMMARY OF THE RULE OR CHANGE: The purpose of this rule change is to repeal in its entirety the existing Rule R398-1. The rule oversight for this rule is being changed to the Division of Disease Control and Prevention. With the move to the Division of Disease Control and Prevention, there will be additional language included to define the New Born Screening Advisory Committee membership and function. There will also be additional screening included, specifically Spinal Muscular Atrophy. The purpose of this rule is to facilitate early detection, prompt referral, early treatment, and prevention of disability and mental retardation in infants with certain genetic and endocrine disorders. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated cost or savings to the state budget associated with changing the oversight of this rule. - LOCAL GOVERNMENTS: There are no anticipated cost or savings to local governments associated with changing the oversight of this rule. - SMALL BUSINESSES: There are no anticipated cost or savings to small businesses associated with changing the oversight of this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated cost or savings associated with changing the oversight of this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated cost or savings associated with changing the oversight of this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact associated with the repeal of this rule since the rule will be implemented by DCP. The new DCP rule will have some additional anticipated costs addressed under the submission of Rule R438-15. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Joyce McStotts by phone at 801-584-8239, by FAX at 801-584-8488, or by Internet E-mail at jmcstotts@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42279.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42235 (Amendment): R414-1-29. Medicaid Policy for Reconstructive and Cosmetic Procedures. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies coverage for certain procedures and corrective surgery on abnormal structures and deformities of the body. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies Medicaid policy. It neither affects service coverage to Medicaid members nor reimbursement to Medicaid providers. - LOCAL GOVERNMENTS: There is no budget impact to local governments because they neither fund nor provide cosmetic or reconstructive procedures to Medicaid members. - SMALL BUSINESSES: There is no impact to small businesses because this change only clarifies Medicaid policy. It neither affects service coverage to Medicaid members nor reimbursement to Medicaid providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this change only clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this change only clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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: 01/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42235.htm No. 42278 (Repeal): R414-13. Psychology Services. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. Existing policies for psychology services have been moved to the Rehabilitative Mental Health and Substance Use Disorder Services Provider Manual, and have been consolidated in the Medicaid State Plan under Rehabilitative Mental Health Services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this repeal neither affects service coverage nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund member services under the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because this repeal neither affects service coverage nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this repeal neither affects service coverage nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this rule repeal neither affects service coverage nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this repeal will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42278.htm No. 42236 (Amendment): R414-42. Telehealth Home Health Services. SUMMARY OF THE RULE OR CHANGE: This amendment includes new definitions, clarifies service coverage, and specifies limitations in the provision of telemedicine services. It also makes other minor corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only updates, by rule, ongoing Medicaid policy. It neither affects service coverage to Medicaid members nor reimbursement to Medicaid providers. - LOCAL GOVERNMENTS: There is no budget impact to local governments because they neither fund nor provide telemedicine services to Medicaid members. - SMALL BUSINESSES: There is no impact to small businesses because this change only updates, by rule, ongoing Medicaid policy. It neither affects service coverage to Medicaid members nor reimbursement to Medicaid providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this change only updates, by rule, ongoing Medicaid policy. It neither affects service coverage nor reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this change only updates, by rule, ongoing Medicaid policy. It neither affects service coverage nor reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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: 01/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42236.htm No. 42291 (Amendment): R414-60-12. Provider-Administered Drugs for the Treatment of Opioid Use Disorders. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies payment for pharmacies that dispense drugs directly to providers for the treatment of opioid use disorders. It also clarifies that only providers may receive and administer these drugs to their patients. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies pharmacy services and does not affect reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund pharmacy services under the Medicaid program. - SMALL BUSINESSES: Some pharmacies may incur expenses related to delivery of medications to providers. Nevertheless, these expenses are negligible and are offset by potential revenue. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this change only clarifies pharmacy services and does not affect reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because this change only clarifies pharmacy services and does not affect reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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: 01/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42291.htm No. 42293 (New Rule): R414-516. Nursing Facility Non-State Government-Owned Upper Payment Limit Quality Improvement Program. SUMMARY OF THE RULE OR CHANGE: This new rule implements increased quality care in nursing facilities that receive upper payment limit funds. For example, the rule implements QI program requirements, quality measure reporting, incentives for construction and renovation, incentives for direct resident services, and provisions for programs that do not earn the minimum requirement of QI points. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because funding for the QI program is within appropriations previously set forth by the Legislature. - LOCAL GOVERNMENTS: There is a potential impact to local government-owned hospitals that fail to meet the standards of the QI program. - SMALL BUSINESSES: Nursing facilities owned by local government hospitals must earn sufficient QI points to maintain their upper payment limit funds. Nevertheless, revenue is unique to each individual business and cannot be quantified as a whole. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may increase their annual revenue by earning additional QI points. Nevertheless, revenue is unique to each individual provider and cannot be quantified as a whole. Medicaid members will see improvements in their quality of care and will not incur additional expenses. COMPLIANCE COSTS FOR AFFECTED PERSONS: A nursing facility owned by a local government hospital may experience increased costs to earn QI points. The costs, however, are unique to each provider and cannot be quantified as a whole. Furthermore, a Medicaid member will only see improvements in care without additional expenses. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Local government hospitals receive upper payment funds to improve the care of Medicaid members. Nursing facilities owned by these hospitals may have to increase their expenditures in order to qualify for these payments. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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: 01/01/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42293.htm DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 42282 (New Rule): R438-15. Newborn Screening. SUMMARY OF THE RULE OR CHANGE: There are three components to this rule change. First is the adoption as a new rule, R438-15, under the Division of Disease Control and Prevention. Second is the additional language included to define the Newborn Screening Advisory Committee membership and function. Third is the addition of Spinal Muscular Atrophy to the list of disorders included in the screening panel. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The cost to Medicaid is estimated to be $44,328 (15,233 X $2.91). This is based on 2015 Medicaid data which indicated that 31% of Utah births are Medicaid eligible. The calculated cost to add Spinal Muscular Atrophy (SMA) screening is $2.91/newborn. Medical literature indicates that screening for SMA will identify 4 to 6 cases in 50,000 births. Early identification results in a decrease in hospitalizations, and unnecessary testing and treatments for newborns identified with this disorder. Each child not identified through newborn screening requires more in hospitalizations and testing before SMA is identified. Estimated savings per case identified through newborn screening ranges from $350,000 to $2,000,000. - LOCAL GOVERNMENTS: There is no impact on local governments. Additional costs for SMA screening are passed on to Medicaid, third party payers, and others. - SMALL BUSINESSES: There is no impact on small businesses. Additional costs for SMA screening are passed on to Medicaid, third party payers, and others. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Additional costs for SMA screening are passed on to third party payers, Medicaid, and others. The additional cost to persons other than businesses is $103,430 based on 2015 non-Medicaid deliveries. This is calculated as $2.91 X 35,543 births. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost will be $2.91 per newborn screened. The Department does not have sufficient data to estimate the cost to any particular third party payer who pays for the screenings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Balancing the cost of testing at $2.91 per newborn against the value of identifying 4 to 6 cases per year in Utah and avoiding the delay in care and suffering by the child and family is a difficult task. Impact on third party payors has been carefully evaluated and tentatively determined to be reasonable and appropriate. Public comment will be carefully evaluated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Atkinson by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at rmatkinson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42282.htm INSURANCE ADMINISTRATION No. 42298 (Amendment): R590-267. Personal Injury Protection Relative Value Study Rule. SUMMARY OF THE RULE OR CHANGE: The change adds conversion factors and publications for physicians and dentists to use when determining the reasonable value of services provided to patients on or after 01/01/2018, and removes the factors and publications that were to be used from 2014 through 2015. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Insurance (Department) will be required to purchase two hard copies of the RVD 2017 at $260 each and two copies of the RVP 2017 at $330 each. These publications are incorporated by reference. One copy will be maintained by the Department and one copy will be maintained by the Office of Administrative Rules per rulemaking requirements. - LOCAL GOVERNMENTS: There will be no cost or savings to local governments. The rule covers the method by which providers determine the reasonable value of services they provide to consumers. - SMALL BUSINESSES: Medical, dental, and chiropractic offices that provide services for individuals insured in auto accidents may purchase individually, or as a group, the RVD 2017 or RVP 2017 publication that is incorporated by reference in the rule. The cost of the RVD 2017 is $260 for a hard copy. The cost of the RVP 2017 is $330 for a hard copy. By using the publication with the conversion factors in the rule, they will be able to determine the reasonable charges for services they provide to those injured in automobile accidents. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Auto insurers, or those they contract with to service their claims, and health care providers may purchase the RVD 2017 or RVP 2017 publication that is incorporated by reference in the rule. The cost of the RVD 2017 is $260 for a hard copy. The cost of the RVP 2017 is $330 for a hard copy. By using the publication with the conversion factors in the rule, they will be able to determine the reasonable charges of medical and dental services they are required to reimburse providers for treatment under personal injury protection coverage in Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons may purchase the RVD 2017 or RVP 2017 publication that is incorporated by reference in the rule. The cost of the RVD 2017 is $260 for a hard copy, while the RVP 2017 is $330 for a hard copy. The Department is sensitive to this compliance cost and it expects to arrange a 50% discount for purchasers with a Utah address, as has been arranged in prior years, to help ameliorate any adverse costs on small businesses. Additionally, as required by rulemaking guidelines, both publications will be available for review by affected persons at the Insurance Department and the Office of Administrative Rules at no charge. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: A number of businesses will have a fiscal impact as a result of this rule. Small businesses (including medical, dental, and chiropractic offices) and larger businesses (such as auto and health insurers) may choose to purchase the RVD 2017 or RVP 2017 publication that is incorporated by reference in the rule. The cost of the RVD 2017 is $260 for a hard copy. The cost of the RVP 2017 is $330 for a hard copy. The Department is sensitive to this compliance cost and it expects to arrange a 50% discount for purchasers with a Utah address, as has been arranged in prior years, to help ameliorate any adverse costs on small businesses. Additionally, as required by rulemaking guidelines, both publications will be available for review by affected persons at the Insurance Department and the Office of Administrative Rules at no charge. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Approximately 4,061 businesses in Utah may be impacted by the rule. This includes physician, dental, and chiropractic offices, as well as medical and auto insurers. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Approximately 3,896 small businesses in Utah may be impacted by the rule. This includes physician, dental, and chiropractic offices which generally have fewer than 50 employees. The Department is sensitive to this compliance cost and it expects to arrange a 50% discount for purchasers with a Utah address, as has been arranged in prior years, to help ameliorate any adverse costs on small businesses. Additionally, as required by rulemaking guidelines, both publications will be available for review by affected persons at the Insurance Department and the Office of Administrative Rules at no charge. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: Affected persons may purchase the RVD 2017 or RVP 2017 publication that is incorporated by reference in the rule. The cost of the RVD 2017 is $260 for a hard copy, while the RVP 2017 is $330 for a hard copy. Small businesses (physicians, dentists, chiropractors) are likely to purchase one publication or the other, depending on their specialization. The net one-time cost for small businesses as a whole may be $1,166,890. Larger businesses (insurers) may purchase both publications. The net one-time cost for larger businesses as a whole may be $97,350. The net one-time cost for all affected persons (small businesses and large businesses) may be $1,264,240. However, the Department expects to arrange a 50% discount for purchasers with a Utah address, as has been arranged in prior years. This discount will reduce the expected costs significantly. It is also important to note that the Department makes its copies of the RVD and RVP available to any affected parties for free viewing in the Department's offices. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: This analysis represents the Insurance Department's best estimate of the maximum fiscal impact this rule amendment may have on businesses. Because the analysis did not include the expected 50% discount, the actual impact is expected to be much lower. Affected persons are also welcome to review both publications at the Department's offices at no cost. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42298.htm No. 42276 (Amendment): R590-271-1. Authority. SUMMARY OF THE RULE OR CHANGE: The only change in the rule is to remove reference to Section 31A-22-613.5, which was repealed in H.B. 336 (2017). However, the Department still has rulemaking authority for the provisions of this rule which were previously cited in the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated cost or savings to the state budget. The change only removes one of the references of statutory scope for the authority to promulgate the rule. - LOCAL GOVERNMENTS: There are no anticipated cost or savings to local governments. The change only removes one of the references of statutory scope for the authority to promulgate the rule. - SMALL BUSINESSES: There are no anticipated cost or savings to small businesses. The change only removes one of the references of statutory scope for the authority to promulgate the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated cost or savings to any other persons. The change only removes one of the references of statutory scope for the authority to promulgate the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs as a result of this amendment. The change only removes one of the references of statutory scope for the authority to promulgate the rule. It requires no action to be taken by any persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: This change was necessary because of legislative action taken during the 2017 General Session. The effects of the change only apply to the Department and will have no fiscal impact on it or any other persons in the state. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42276.htm JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 42262 (New Rule): R597-5. Electronic Meetings. SUMMARY OF THE RULE OR CHANGE: This rule establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The rule establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts that this rule may have on businesses. This rule simply establishes procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim by phone at 801-538-1652, or by Internet E-mail at jyim@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42262.htm LABOR COMMISSION ADJUDICATION No. 42240 (Amendment): R602-3-3. Procedure for Requesting Approval. SUMMARY OF THE RULE OR CHANGE: This rule change makes it clear that the Transferee shall provide the Transferor an explanation of the proposed transfer in writing and that a listing of any deductions be provided as well. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are not cost or savings as this change only clarifies the existing requirements. - LOCAL GOVERNMENTS: There are not cost or savings as this change only clarifies the existing requirements. - SMALL BUSINESSES: There are not cost or savings as this change only clarifies the existing requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are not cost or savings as this change only clarifies the existing requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are not cost or savings as this change only clarifies the existing requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are not cost or savings as this change only clarifies the existing requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42240.htm INDUSTRIAL ACCIDENTS No. 42253 (Amendment): R612-300-4. General Method for Computing Medical Fees. SUMMARY OF THE RULE OR CHANGE: The amendment incorporates, by reference, current versions of the Resource-Based Relative Value Scale (RBRVS) and adjusts the conversion factors related to the practice of anesthesiology from $57 to $62 per unit, surgery 20000 codes, codes 49505 through 49525, and all 60000 codes from $62 to $65 per unit, and all "other" surgery codes from $40 to $43 per unit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed amendment will impose no additional administrative or enforcement costs on the Labor Commission, which is the state agency charged with administering and enforcing Utah's workers' compensation system. The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.3% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to the State in increased workers' compensation insurance premiums. - LOCAL GOVERNMENTS: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.3% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to local governments in increased workers' compensation insurance premiums. - SMALL BUSINESSES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.3% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to all employers, including small businesses, in increased workers' compensation insurance premiums. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.3% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to all employers in increased workers' compensation insurance premiums. COMPLIANCE COSTS FOR AFFECTED PERSONS: Workers' compensation insurance carriers and those providing medical services to injured workers will be affected by the proposed amendment. Because the RBRVS and current procedural training (CPT) systems are already used throughout the health care industry, insurance carriers, and medical providers already receive and use updates to those systems. The Commission does not anticipate that the updates required by this rule amendment will result in any additional compliance costs for those entities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The workers' compensation system uses the same relative value (RBRVS) and coding (CPT) systems that are generally used throughout the health industry. Periodically, the RBRVS and CPT systems are updated. It is therefore necessary for the Commission to also adopt those changes and adjust its conversion factors relating to certain medical specialties in order to: 1) avoid confusion; and 2) provide adequate payment for medical care provided to injured workers. This year, the modification to the conversion factors will result in increased payments for some medical services. These increases will very likely be factored in to workers' compensation insurance premiums but may be offset by reduction in the RBRVS values. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42253.htm No. 42254 (Amendment): R612-400-5. Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund. SUMMARY OF THE RULE OR CHANGE: This rule update establishes the premium rates for 2018 at the current rate of 0.25% for the UEF and 3.0% for the ERF. These are the same rates as the previous year. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget since the rates will be the same as the previous year. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments since the rates will be the same as the previous year. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses since the rates will be the same as the previous year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to any other persons since the rates will be the same as the previous year. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons since the rates will be the same as the previous year. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact from the rule update since the rates will be the same as the previous year. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42254.htm OCCUPATIONAL SAFETY AND HEALTH No. 42264 (Amendment): R614-1-4. Incorporation of Federal Standards. SUMMARY OF THE RULE OR CHANGE: This rule change incorporates the 07/01/2017 edition of 29 CFR 1910.6 through the end of part 1910 except for 29 CFR 1910.1024 and 29 CFR 1910.1053 and 29 CFR 1926.6 and 1926.20 through the end of part 1926 except for 29 CFR 1926.1124 and 29 CFR 1926.1153. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: A small number of state government entities where the specific fall protection, personal protective equipment, or training will be required may be affected by the cost of equipment and training which may add up to more than $1,000. Exact cost cannot be established because many state government entities do not have employees that work at heights and will not be affected by this rule. State government entities that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established. - LOCAL GOVERNMENTS: A small number of local government entities where the specific fall protection, personal protective equipment, or training will be required may be affected by the cost of equipment and training which may add up to more than $1,000. Exact cost cannot be established because many local governments do not have employees that work at heights and will not be affected by this rule. Local governments that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established. - SMALL BUSINESSES: A small number of small businesses where the specific fall protection, personal protective equipment, or training will be required may be affected by the cost of equipment and training which may add up to more than $1,000. Exact cost cannot be established because many small businesses do not have employees that work at heights and will not be affected by this rule. Small businesses that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A small number of persons other than small businesses, businesses, and local government entities may be affected where the specific fall protection, personal protective equipment, or training will be required may be affected by the cost of equipment and training which may add up to more than $1,000. Exact cost cannot be established because many persons other than small businesses, businesses, and local government entities do not have employees that work at heights and will not be affected by this rule. Persons other than small businesses, businesses, and local government entities that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established. COMPLIANCE COSTS FOR AFFECTED PERSONS: Possible cost for fall protection training and equipment. Exact cost cannot be established because many entities do not have employees that work at heights and will not be affected by this rule. Entities that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule clarifies some requirements for fall protection training and equipment use in General Industry settings. Exact cost cannot be established because many entities do not have employees that work at heights and will not be affected by this rule. Entities that are affected will have a very wide range of employees that would need training and equipment to comply with this rule, so the exact cost cannot be established. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42264.htm NATURAL RESOURCES WATER RESOURCES No. 42257 (New Rule): R653-9. Electronic Meetings. SUMMARY OF THE RULE OR CHANGE: This new rule will detail the parameters and requirements for the Utah Board of Water Resources to hold meetings electronically or telephonically. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget will not be affected by this new rule as there is no cost associated with it. - LOCAL GOVERNMENTS: Local governments will not be affected by this rule as there is no cost associated with it. - SMALL BUSINESSES: Small businesses will not be affected by this rule as there is no cost associated with it. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No persons shall be affected by this rule as there is no cost associated with it. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Barbara Allen by phone at 801-538-72352, by FAX at 801-538-7279, or by Internet E-mail at barbaraallen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42257.htm PARDONS (BOARD OF) ADMINISTRATION No. 42295 (Amendment): R671-201. Original Hearing Schedule and Notice. SUMMARY OF THE RULE OR CHANGE: The purpose of this amendment is to define how and when an offender is notified of original hearings, clarifies no original hearing for death sentences, consideration of offenders with life without parole, and defines terms of "administrative review" and different types of hearings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings because the original hearing schedule and notice do not have a fiscal impact on the state budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings because the original hearing schedule and notice do not have a fiscal impact on local governments. - SMALL BUSINESSES: There is no anticipated cost or savings because the original hearing schedule and notice do not have a fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings because the change does not affect or impact any individual, partnership, corporation, association, governmental entity, or public or private organization. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost or savings because the change does not have a fiscal impact on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts of the change on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/06/2017 08:00 AM, Board of Pardons and Parole, 448 E 6400 S, Suite 300, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42295.htm No. 42294 (Amendment): R671-202. Notification of Hearings. SUMMARY OF THE RULE OR CHANGE: These changes define how an offender shall be notified of the type and purpose of a personal appearance hearing, and define how public notices are posted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings because the notification of hearing does not have a fiscal impact on the state budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings because the notification of hearing does not have a fiscal impact on local governments. - SMALL BUSINESSES: There is no anticipated cost or savings because the notification of hearing does not have a fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings because the change does not affect or impact any individual, partnership, corporation, association, governmental entity, or public or private organization. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost or savings because the change does not have a fiscal impact on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts of the change on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/06/2017 08:00 AM, Board of Pardons and Parole, 448 E 6400 S, Suite 300, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42294.htm No. 42297 (Amendment): R671-203. Victim Input and Notification. SUMMARY OF THE RULE OR CHANGE: This change defines a victim, and victim representation, and pursuant to Subsection 77-27-13(4), victim impact statements are required to be sent to the Board by other municipalities. The change clarifies a victim's right to attend hearings, and rights to victim impact hearings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings because the victim input and notification do not have a fiscal impact on the state budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings because the victim input and notification do not have a fiscal impact on local governments. - SMALL BUSINESSES: There is no anticipated cost or savings because the victim input and notification do not have a fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings because the change does not affect or impact any individual, partnership, corporation, association, governmental entity, or public or private organization. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost or savings because the change does not have a fiscal impact on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/06/2017 08:00 AM, Board of Pardons and Parole, 448 E 6400 S, Suite 300, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42297.htm No. 42296 (New Rule): R671-206. Competency of Offenders. SUMMARY OF THE RULE OR CHANGE: The proposed rule defines incompetence, or if a hearing official questions an offender's competence for Board proceedings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings because the competency of offenders does not have a fiscal impact on the state budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings because the competency of offenders does not have a fiscal impact on local governments. - SMALL BUSINESSES: There is no anticipated cost or savings because the competency of offenders does not have a fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings because the proposed rule does not affect or impact any individual, partnership, corporation, association, governmental entity, or public or private organization. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost or savings because the proposed rule does not have a fiscal impact on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bev Uipi by phone at 801-261-6446, or by Internet E-mail at buipi@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/06/2017 08:00 AM, Board of Pardons and Parole, 448 E 6400 S, Suite 300, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42296.htm PUBLIC SAFETY ADMINISTRATION No. 42269 (New Rule): R698-11. Submission and Testing of Sexual Assault Kits. SUMMARY OF THE RULE OR CHANGE: The rule: establishes requirements for the packaging of evidence submitted to the Bureau for analysis, and the documentation to be submitted with the evidence; outlines the types of cases for which sexual assault evidence will be analyzed, and criteria to be used in order to determine whether the analysis will be conducted or declined; establishes criteria for the Bureau to use in determining whether to expedite the analysis of evidence; and establishes the goals for classification and completion of analysis of sexual assault kit submissions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Bureau has had procedures in place for the submission of sexual assault kits prior to the passage of H.B. 200 (2017). Due to the requirement that law enforcement agencies submit all sexual assault kits to the Bureau for testing effective 07/01/2018 as a result of the passage of H.B. 200, it is anticipated that the Bureau could potentially receive an additional 800 sexual assault kits per year. As reflected in the fiscal note prepared for H.B. 200, it is anticipated that the cost to purchase 800 additional unused sexual assault kit for use by law enforcement and sexual assault nurse examiners would be approximately $14 per kit. In addition, the Bureau anticipates that it will need to hire 17 additional staff members at an anticipated personnel cost of approximately $1,669,505 per year, and anticipated operating costs of $464,778 per year, which includes the cost of DNA testing supplies ($284,144) and sexual assault kits (800 x $14 = $11,200). - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments because the rule does not change any of the procedures currently in place for the submission of sexual assault kits to the Bureau for analysis. In addition, local governments are not assessed a fee for the testing of the sexual assault kits, and is provided unused kits by the Bureau for the purpose of completing a sexual assault investigation and submission of the evidence gathered from the victim. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the Bureau obtains sexual assault kit supplies through a state contract with Tri-Tech Forensics, located in the state of North Carolina. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to hospitals where a sexual assault nurse examiner conducts an examination and submits a sexual assault kit to a law enforcement agency for investigation because hospitals are provided with unused kits by the Bureau for the purposes of completing a sexual assault examination and submission of the evidence gathered from the victim to the local law enforcement agency. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost or savings to victims of sexual assault for whom a kit has been submitted because a victim of sexual assault is not assessed a fee for the submission or analysis of a sexual assault kit. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change will not result in an anticipated cost or savings to small businesses or other businesses within the state of Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42269.htm FIRE MARSHAL No. 42261 (New Rule): R710-14. Food Truck Licensing and Regulation. SUMMARY OF THE RULE OR CHANGE: This rule establishes definitions for terms used in the rule, sets qualifications for those that can perform a fire safety inspection of a food truck, establishes an inspection procedure and criteria, establishes an inspection check list for uniformity, specifies criteria for an approval sticker, and adds the requirement for a liquefied petroleum gas detector. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule will have no affect on state budget. No new requirements have been added to state agencies. The cost of the sticker used to indicate compliance will be absorbed in the current State Fire Marshal budget. - LOCAL GOVERNMENTS: No new requirements have been imposed on local governments. The fire safety inspection is part of the business license requirement and was being done previous to this rule. This rule establishes definitions for terms used in the rule, sets qualifications for those that can perform a fire safety inspection of a food truck, establishes an inspection procedure and criteria, establishes an inspection check list for uniformity, specifies criteria for an approval sticker, and adds the requirement for a liquefied petroleum gas detector. - SMALL BUSINESSES: The cost of a portable liquefied petroleum gas detector for this application, based on searches on Amazon and Google, runs between $20 and $185. It is anticipated that the average cost per food truck will be $100. It is estimated that there are 318 small business food trucks in the state with an impact of $31,800. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No one other than food truck owner/operators will be affected by this rule. This rule establishes definitions for terms used in the rule, sets qualifications for those that can perform a fire safety inspection of a food truck, establishes an inspection procedure and criteria, establishes an inspection check list for uniformity, specifies criteria for an approval sticker, and adds the requirement for a liquefied petroleum gas detector. It is estimated that 29 food trucks operated by companies, other than small businesses, will have an impact of $2,900. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule adds the requirement for a liquefied petroleum gas detector to be installed in each food truck. All other requirements for fire safety in food trucks are currently in state law. The cost of a portable liquefied petroleum gas detector for this application, based on searches on Amazon and Google, runs between $20 and $185. It is anticipated that the average cost per food truck will be $100. As these devices are simple to install, no installation costs have been added to the cost of the detector. It is anticipated that this will only impact small businesses. The Fire Marshal's office is not aware of any business with more than 50 employees operating a food truck. Chain restaurants operating food trucks are individual franchises as far as the Fire Marshal's office is able to ascertain: 1) direct fiscal cost -- $100 each totaling $34,700; 2) indirect fiscal cost -- not applicable; 3) direct non-fiscal cost -- not applicable; 4) indirect non-fiscal cost -- not applicable; 5a) direct fiscal benefit -- this device has the potential to alert the owner/operator to a catastrophic problem before it becomes an emergency. Repairs are likely to be as simple as tightening a loose gas line fitting. This could easily result in a savings to the owner of over $100,000; 5b) the retailer selling the detector will profit from the sale; 6) indirect fiscal benefit -- this device has the potential to alert the owner/operator to a catastrophic problem before it becomes an emergency. This preserves the value of wages to the employees and protects the tax base for the community; 7) direct non- fiscal benefit -- this device has the potential to alert the owner/operator to a catastrophic problem before it becomes an emergency. Explosions in food trucks with gas leaks have resulted in injury and death. The cost of potential medical bills and possibly funerals is impossible to calculate. It is safe to say that these costs would be well in excess of $100; 8) indirect non-fiscal benefit -- this device has the potential of saving lives both of the owner/ operator and the public. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule was written and approved by the Utah Fire Prevention Board to comply with Subsection 53-7-204(1)(b)(x). In this subsection, the Board is directed by law to make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act establishing criteria for the fire safety inspection of a food truck. This rule establishes definitions for terms used in the rule, sets qualifications for those that can perform a fire safety inspection of a food truck, establishes an inspection procedure and criteria, establishes an inspection check list for uniformity, specifies criteria for an approval sticker, and adds the requirement for a liquefied petroleum gas detector. The anticipated cost for each food truck resulting from this rule is $100. The Fire Marshal's Office has contacted Salt Lake, Utah, Davis, Weber, and Morgan County Health departments for a count of food trucks in their areas. Their information indicates that there are 249 small businesses operating 292 food trucks in these counties. The Fire Marshal's Office used Firm Find data to estimate the number of food trucks in the rest of the state. The Fire Marshal's Office estimates that there are 24 small businesses operating 26 food trucks in the rest of the state. Other than small businesses, there are 6 companies operating 29 additional food trucks in the state. The total estimated impact on small businesses in the state is $31,800. Impact on other companies operating food trucks is estimated at $2,900. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: The above analysis represents the Department of Public Safety's best estimate as to the fiscal impact this rule amendment will have on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Coy Porter by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at coyporter@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42261.htm HIGHWAY PATROL No. 42277 (New Rule): R714-510. 24-7 Sobriety Program. SUMMARY OF THE RULE OR CHANGE: The rule establishes the manner in which a participant in a 24-7 Sobriety Program will submit to required chemical testing, the apparatus to be used for testing, applicable fees to be assessed for participation in the 24-7 Sobriety Program and testing under the program, criteria for a data management technology plan, a sanction schedule for program non-compliance, and the process for piloting alternate components of the 24-7 Sobriety Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that the Department of Public Safety (DPS) will incur approximately $30,000 in one-time personnel costs in order to establish the pilot program, and get it up and running. - LOCAL GOVERNMENTS: The Weber County Sheriff's Office is the agency selected to participate for the purposes of implementation of the 24-7 Sobriety Program pilot as authorized by H.B. 250 (2017). They have selected Scram Systems as their vendor to provide data management technology services for implementation of the program. The anticipated cost for this service will be minimum contract amount of $15,000 annually, with a potential for additional fees depending on the usage of the system. Anticipated costs for staffing for the Weber County Sheriff's Office for the purposes of implementing the program is $70,000 annually. Anticipated costs for purchase of three additional portable breath testers is $327 each for a total of $981. In addition, other alcohol testing supplies such as testing straws are $45 per case of 250 at an estimated 100 program participants who will be required to test twice daily. It is anticipated that there will be approximately 100 program participants annually, who will be assessed a one time enrollment fee of $30, and a fee of $2 two times a day for alcohol testing, which DPS estimates may result in a revenue to the Weber County Sheriff's Office in the amount of $3,400 annually. Costs for Urinalysis tests are $47.75 per case of 25, 4 panel tests, and $94.25 per case of 25, 10 panel tests. At this time DPS is unable to determine how many of the program participants might be required to submit to drug testing in order to participate in the program. - SMALL BUSINESSES: The Weber County Sheriff's Office obtains their portable breath testing units (PBTs), and other testing supplies through State of Utah Best Value Cooperative Contracts. The rule change will not have an impact on small businesses other than the vendor from whom purchases are made through a state contract, which will see a slight increase in the number of supplies purchased from them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons that are ordered by a judge to participate in a 24-7 Sobriety Program after being convicted for DUI will be required to appear at a testing location twice a day and submit to a chemical test between the hours of 6 to 8 am and 6 to 8 pm. Persons that participate in the 24-7 Sobriety Program will be able to maintain a valid driver license. This may help some individuals to maintain employment or continue to take care of other personal responsibilities. If a person participating in a 24-7 Sobriety Program is determined to be out of compliance with the requirements of the program, they may serve jail time as a result, or they may be removed from the program and have their driver license suspended. Based on 24-7 Sobriety Program statistics provided by the state of South Dakota from 10/10/2006 to 05/18/2017, 75% of their participants were fully compliant. At this time, DPS is unable to determine the number of participants that will become out of compliance with the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons that are ordered by a judge subsequent to a DUI conviction to participate in a 24-7 Sobriety Program will be required to pay a one-time $30 fee for enrollment in the 24-7 Sobriety Program, and testing fees to be determined based on the type of testing that will be conducted. For breath alcohol testing, the person will be required to pay $2 per test twice a day. For urine or oral fluid testing in connection with a drug-related DUI conviction, the person will be required to pay $6 per test administered at a frequency determined by the judge. In the event an individual is ordered to use transdermal alcohol monitoring in connection with the 24-7 Sobriety Program, a fee of $7.55 per day will be assessed. Persons that participate in the 24-7 Sobriety Program will be able to maintain a valid driver license. This may help some individuals to maintain employment or continue to take care of other personal responsibilities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The enactment of this rule should not have an impact on businesses. The Weber County Sheriff's Office purchases testing supplies from a single vendor through a state contract. The vendor that supplies are purchased from will have a positive fiscal impact due to the slight increase in supplies that will be needed in order to implement the program. The above analysis and summary reflects DPS's best estimate regarding the impact the rule change will have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 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 - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42277.htm CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 42258 (Amendment): R722-300. Concealed Firearm Permit and Instructor Rule. SUMMARY OF THE RULE OR CHANGE: All statutory citations have been updated. With the passage of H.B. 198 (2017), 18 to 20-year olds are now eligible to apply for a provisional CFP. This amendment includes the procedures for application. The availability of an online course for CFP instructor certification renewal is now addressed with the proposed changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Applicants for the Provisional CFP will be required to pay costs associated with the issuance of the permit and other related services provided (fingerprint-based criminal history background checks). CFP instructors renewing their certification will save travel expenses with the offering of the online course. COMPLIANCE COSTS FOR AFFECTED PERSONS: Applicants for the Provisional CFP will be required to pay costs associated with the issuance of the permit and other related services provided (fingerprint-based criminal history background checks). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: This proposed rule amendment addresses the following changes: 1) acceptance of applications for the provisional permit (no earlier than 60 days prior to eligibility) for those 18 to 20-years of age, will have no impact on small businesses; 2) fees collected under Section 53-10-108 will have no impact on small businesses; 3) acceptance of proof of out-of-state permit for the provisional permit (18 to 20-years of age) will have no impact on small businesses; 4) nonsubstantive changes for statutory citations will have no impact on small businesses; 5) the ability to receive online training for a Concealed Firearm Instructor Certification renewal will have an impact on small businesses, instructors will no longer have to pay travel expenses to attend on-site, in person training for renewals; 6) that a provisional CFP may not be renewed once the permitee reaches the age of 21 will have no impact on small businesses; and 7) the instruction and training of those who are applying for the provisional CFP will have an impact on small businesses, those who are instructors will be able to collect fees for the instruction and training of these applicants. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Zero since only small businesses will be impacted. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: As of 09/01/2017 there are currently 803 Utah instructors certified to provide the instruction and training for the provisional CFP who will be impacted, in that they will have the opportunity to provide the instruction and training for a larger base of applicants. These instructors are generally contractors who provide the instruction and training and are not part of a larger organization. The employee count is usually very small. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: There will be no savings for small business establishments since there will be costs associated with: 1) the certification/licensing process to become an instructor ($35 training registration and $50 for instructor certification) which is one-time cost; 2) the recertification/renewal costs ($35 training registration and $25 for renewal of instructor certification) will be an ongoing cost; 3) the cost for overhead (i.e. venue, material costs, etc.) (variable costs) is an ongoing cost every three years; and 4) the costs for travel to receive the training and to teach the classes (variable) is an ongoing cost. There will, however, be the opportunity for increased revenues from the collection of fees for the instruction and training provided by the certified concealed firearm instructors. There will be a cost savings to instructors recertifying/renewing with the ability to receive the training via online methods will eliminate the cost of travel to the training facility. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS (RATHER THAN THE IMPACT): The above analysis represents the Department of Pubic Safety's perspective regarding the fiscal impact this rule amendment will have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42258.htm No. 42259 (Amendment): R722-350. Certificate of Eligibility. SUMMARY OF THE RULE OR CHANGE: The rule change is to reference the statutory citations for the fees rather than list the fee amounts. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As the purpose of the rule is to reference the statutory citations for the fees rather than list the fee amounts, there is no aggregate anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: As the purpose of the rule is to reference the statutory citations for the fees rather than list the fee amounts, there is no aggregate anticipated cost or savings to local governments. - SMALL BUSINESSES: As the purpose of the rule is to reference the statutory citations for the fees rather than list the fee amounts, there is no aggregate anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: As the purpose of the rule is to reference the statutory citations for the fees rather than list the fee amounts, there is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: As the purpose of the rule is to reference the statutory citations for the fees rather than list the fee amounts, there are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: This proposed rule amendment addresses the fees that are associated with the application and the Certificate of Eligibility. The purpose of this amendment is to strike specific fees and refer these to the statute citation that includes the fees as part of the established fee schedule. The fees are established in accordance with the process in Section 63J-1-504. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Zero. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Zero. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE- YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: Zero. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS (RATHER THAN THE IMPACT): The above analysis represents the Department of Public Safety's perspective regarding the fiscal impact this rule amendment will have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42259.htm No. 42260 (Amendment): R722-380. Firearm Background Check Information. SUMMARY OF THE RULE OR CHANGE: This amendment adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check. This amendment clarifies and updates procedures on background checks for NFA firearms. The language in Subsection R722-380- 6(2) has been removed because it is no longer needed. The applicant is no longer required to take the paperwork to the chief law enforcement officer as a result of a Bureau of Alcohol, Tobacco and Firearms (ATF) ruling dated 07/03/2016. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no aggregate anticipated cost or savings to the state budget because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check. - LOCAL GOVERNMENTS: There will be no aggregate anticipated cost or savings to local governments because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check. - SMALL BUSINESSES: There will be no aggregate anticipated cost or savings to small businesses because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for affected persons because the proposed change only clarifies and updates procedures on background checks for NFA firearms and adds language to clarify that the overturn of a denial due to bureau error must be within 30 days of the original background check. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: Overturn of a denial if the following conditions are met: 1) denial done in error by the bureau; and 2) must be brought to attention within 30 days of the original background check. A background check will be completed by the bureau, upon the request of a dealer, for an NFA firearm which includes silencers, suppressors, fully automatic weapons, and short-barrelled shotguns and rifles. The cost of the background check ($7.50) is currently billed to the dealer requesting the check, and applications submitted prior to 07/03/2016 are not subject to an additional background check fee ($7.50). II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Ten or fewer (50 plus employees -- Cabela's, Sportsman's Warehouse, Walmart, etc.) III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: Approximately 800 FFLs (Federal Firearms Licensees) with less than 50 employees, most have one or two employees. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: There will be small savings to small businesses as: 1) the process to get an NFA firearm has been simplified by the ATF, the process that an employee must go through has been streamlined, and the delays have been shortened creating a savings in employees time; and 2) the cost for the background check will be the responsibility of the purchaser and not the small business (a one-time cost). V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS (RATHER THAN THE IMPACT): The above analysis represents the Department of Public Safety's perspective regarding the fiscal impact this rule amendment will have on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42260.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42265 (Amendment): R746-360-4. Application of Fund Surcharges to Customer Billings. SUMMARY OF THE RULE OR CHANGE: The changes include: 1) the definition of "access line" is amended to include consistency with federal law; 2) the ability of a provider to include the surcharge within an end-user’s rate plan is clarified; 3) the requirement to remit the surcharge explicitly includes providers of prepaid access lines that permit access to the public telephone network, for services purchased on or after 01/01/2018; 4) a provider may omit the surcharge with respect to: a) any access line that generates revenue that is subject to another state's Utah Universal Public Telecommunications Service Support Fund (UUSF) surcharge, or b) any access line that has not been used to access Utah instrastate telecommunications services during the month in question; and 5) in light of 4), above, the process for an end user to petition the Public Service Commission for a waiver of the surcharge is eliminated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Public Service Commission and the Division of Public Utilities have been administering the UUSF for many years and have the budget to continue doing so. The proposed rule amendment will not have a fiscal impact on the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the rules through which the UUSF is funded. No fiscal impact to local governments is anticipated. - SMALL BUSINESSES: The section that is being amended applies to providers of access lines and connections. This amendment merely clarifies, by making explicit, that providers of prepaid access lines, that permit access to the public telephone network, are subject to the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment does not alter the access charge already imposed by the rule or the persons to whom it applies. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment will result in no new compliance costs because it only clarifies the existing rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment simply clarifies what the existing rule already implies, i.e., that providers of prepaid access lines, that permit access to the public telephone network, are subject to the rule's requirements because they are providers of access lines. Consequently, the amendment creates no new fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@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: 12/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42265.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm- code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES ARCHIVES No. 42271 (5-year Review): R17-5. Definitions of Rules in Title R17. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The definitions identified in Section R17-5-1 are specific to the Utah State Archives records management and records access information. Without context, it is difficult to understand the use of the word in the law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nova Dubovik by phone at 801-531-3834, by FAX at 801-531-3867, or by Internet E-mail at ndubovik@utah.gov EFFECTIVE: 10/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42271.htm No. 42272 (5-year Review): R17-6. Records Storage and Disposal at the State Records Center. 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 a procedure for the storage and disposal of government records at the State Records Center. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nova Dubovik by phone at 801-531-3834, by FAX at 801-531-3867, or by Internet E-mail at ndubovik@utah.gov EFFECTIVE: 10/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42272.htm No. 42270 (5-year Review): R17-7. Archival Records Care and Access at the State Archives. 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 a procedure for the care and access of records in the custody of the state archives, including classification or reclassification. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nova Dubovik by phone at 801-531-3834, by FAX at 801-531-3867, or by Internet E-mail at ndubovik@utah.gov EFFECTIVE: 10/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42270.htm No. 42273 (5-year Review): R17-8. Application of Microfilm Standards. 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 a procedure for the microfilming standards of permanent and long-term records. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nova Dubovik by phone at 801-531-3834, by FAX at 801-531-3867, or by Internet E-mail at ndubovik@utah.gov EFFECTIVE: 10/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42273.htm ENVIRONMENTAL QUALITY ADMINISTRATION No. 42266 (5-year Review): R305-2. Electronic Meeting. 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 Section 52-4-207 for the DEQ boards to hold electronic meetings. Since many members of these boards are from outside of the Salt Lake City area, it is critical that these members be allowed to participate electronically. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jenny Potter by phone at 801-536-0095, or by Internet E-mail at jmpotter@utah.gov EFFECTIVE: 10/26/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42266.htm No. 42267 (5-year Review): R305-7. Administrative Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DEQ disagreed with the comment. Subsection 19-1-201(1)(d)(ii)(B) provides that DEQ shall make rules for procedures that govern a special adjudicative proceeding. The rule should continue so that the administrative law judge and the parties appearing before the administrative law judge have notice of the procedures and so that DEQ satisfies Subsection 19-1-201(1)(d)(ii)(B). DIRECT QUESTIONS REGARDING THIS RULE TO: - Jenny Potter by phone at 801-536-0095, or by Internet E-mail at jmpotter@utah.gov EFFECTIVE: 10/26/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42267.htm No. 42268 (5-year Review): R305-9. Recusal of a Board Member for Conflict of Interest. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 19-1-201(1)(d)(i)(B) requires DEQ to make rules regarding conflict of interest procedures for board members. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jenny Potter by phone at 801-536-0095, or by Internet E-mail at jmpotter@utah.gov EFFECTIVE: 10/26/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42268.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42237 (5-year Review): R414-32. Hospital Record-keeping Policy. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it establishes hospital record-keeping procedures to document services such as x-rays, laboratory analyses, and patient diagnosis for the promotion of quality and cost effective care for Medicaid members. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 10/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42237.htm No. 42238 (5-year Review): R414-504. Nursing Facility Payments. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it provides rate calculations to reimburse nursing facilities and intermediate care facilities for persons with intellectual disabilities, directs providers to the Quality Improvement Incentive program and application process, and sets forth procedures that facilities must follow to receive Title XIX payments. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 10/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42238.htm HUMAN SERVICES ADMINISTRATION No. 42239 (5-year Review): R495-861. Requirements for Local Discretionary Social Services Block Grant Fund. 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 needs to be continued so that the allocation of the funds can be specifically defined. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janell Hall by phone at 801-538-4143, by FAX at 801-538-4317, or by Internet E-mail at janellhall@utah.gov EFFECTIVE: 10/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42239.htm SERVICES FOR PEOPLE WITH DISABILITIES No. 42256 (5-year Review): R539-1. Eligibility. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Having received no comments in opposition and requiring a continuing, publicly available criteria for determining eligibility for DSPD services, continuation of this rule is justified on the grounds that it meets existing statues, serves the purpose of DSPD, and has not met any public opposition. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jolene Hanna by phone at 801-538-4154, or by Internet E-mail at jhanna@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: 10/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42256.htm INSURANCE ADMINISTRATION No. 42281 (5-year Review): R590-152. Health Discount Programs and Value Added Benefit 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 authorizes the Department to license and regulate health discount programs and those who market and operate them. It also allows the Department to review the forms these programs use to ensure that they comply with the law and avoid using words and terms that would give the purchaser the impression that the program is insurance. This should reduce fraud and uncertainty in the market. The rule also requires managers of health discount programs to provide a website so members can view a current list of health discount plan providers. 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: 11/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42281.htm No. 42280 (5-year Review): R590-242. Military Sales Practices. 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 set forth standards to protect active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain practices to be false, misleading, deceptive, or unfair. 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: 11/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42280.htm LABOR COMMISSION OCCUPATIONAL SAFETY AND HEALTH No. 42250 (5-year Review): R614-1. General Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This specific rule establishes definitions, incorporates federal standards, establishes other basic safety rules and addresses inspections, confidentiality of information, and penalties. This rule remains necessary to implement the legislative intent underlying the enactment of the Utah Occupational Safety and Health Act, set forth in Section 34A-6-102, of providing for the safety and health of workers and establishing a coordinated state plan as effective as the Federal Occupational Safety and Health program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 10/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42250.htm No. 42249 (5-year Review): R614-2. Drilling Industry. 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 establish specific safety and health standards in the drilling industry and related services. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 10/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42249.htm No. 42248 (5-year Review): R614-3. Farming Operations Standards. 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 establish specific safety standards for farming operations and the safety of employees. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 10/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42248.htm No. 42247 (5-year Review): R614-4. Hazardous Materials. 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 establish specific safety standards for hazardous materials and the safety of employees working with them. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 10/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42247.htm No. 42246 (5-year Review): R614-5. Materials Handling 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: This rule is necessary to establish specific safety standards for conveyors and the safety of employees using them. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 10/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42246.htm No. 42245 (5-year Review): R614-6. Other Operations. 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 identifies safety procedures for operations such as "crushing, screening, and grinding equipment", "window cleaning", and "industrial railroads" (items that are not covered by Federal standards). This rule is necessary to ensure the safety of employees in workplaces that involve these operations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 10/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42245.htm No. 42244 (5-year Review): R614-7. Construction Standards. 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 establish specific safety standards for operations in hazardous construction areas such as "roofing", "tar-asphalt operations", and the protection of employees engaged in these operations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cameron Ruppe by phone at 801-530-6898, or by Internet E-mail at cruppe@utah.gov - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 10/19/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42244.htm NATURAL RESOURCES WATER RESOURCES No. 42251 (5-year Review): R653-6. Privatization Projects. 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 provide a form for the implementation of Subsection 73-10d-6(s). Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barbara Allen by phone at 801-538-72352, by FAX at 801-538-7279, or by Internet E-mail at barbaraallen@utah.gov EFFECTIVE: 10/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42251.htm No. 42252 (5-year Review): R653-7. Administrative Procedures for Informal Proceedings. 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 must be continued in case of any future adjudicative proceedings with regard to Flaming Gorge water rights that were granted by the Board of Water Resources. DIRECT QUESTIONS REGARDING THIS RULE TO: - Barbara Allen by phone at 801-538-72352, by FAX at 801-538-7279, or by Internet E-mail at barbaraallen@utah.gov EFFECTIVE: 10/20/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42252.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 42275 (5-year Review): R850-83. Administration of Previous Sales to Subdivisions of the State. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Under Section 65-1-29 and Subsection 65A-7-4(5), both of which have been repealed, trust lands were sold to subdivisions of the state under a determinable fee process whereby the subdivision could purchase lands at a specific price for a specific purpose. If the use of the land changed for any reason, the land automatically reverted back to the Trust. This rule is necessary because it outlines the process whereby a breach of the sale terms is determined and the remedies available to the subdivision and the Trust to cure the breach. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov EFFECTIVE: 10/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42275.htm NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Office of Administrative Rules (Office) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Office. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Office, the rule expires. Upon expiration of the rule, the Office files a Notice of Five-Year Expiration (Expiration) to document the action. The Office is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Office has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). REGENTS (BOARD OF) UNIVERSITY OF UTAH, COMMUTER SERVICES No. 42241 (Expired): R810-1. University of Utah Parking Regulations. SUMMARY: The five-year review was not filed by the deadline so this rule has expired and will be removed from the Administrative Code as of 10/17/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 10/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42241.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, COMMUTER SERVICES No. 42242 (Expired): R810-8. Vendor Regulations. SUMMARY: The five-year review was not filed by the deadline so this rule has expired and will be removed from the Administrative Code as of 10/17/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 10/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171115/42242.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. AUDITOR ADMINISTRATION No. 41844 (AMD): R123-5.Audit Requirements for Audits of Political Subdivisions and Nonprofit Organizations Published: 07/15/2017 Effective: 11/01/2017 ENVIRONMENTAL QUALITY AIR QUALITY No. 41810 (AMD): R307-335.Degreasing and Solvent Cleaning Operations Published: 07/01/2017 Effective: 10/29/2017 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 42017 (R&R): R392-103.Food Handler Training and Certificate Published: 09/01/2017 Effective: 10/25/2017 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42050 (AMD): R414-504-3.Principles of Facility Case Mix Rates and Other Payments Published: 09/15/2017 Effective: 11/01/2017 No. 42051 (NEW): R414-517.Inpatient Hospital Provider Assessments Published: 09/15/2017 Effective: 11/01/2017 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 41961 (AMD): R432-100.General Hospital Standards Published: 08/15/2017 Effective: 10/17/2017 No. 42000 (AMD): R432-300.Small Health Care Facility - Type N Published: 09/01/2017 Effective: 10/17/2017 No. 41964 (AMD): R432-550.Birthing Centers Published: 08/15/2017 Effective: 10/17/2017 No. 41960 (AMD): R432-700.Definitions Published: 08/15/2017 Effective: 10/17/2017 HUMAN SERVICES SERVICES FOR PEOPLE WITH DISABILITIES No. 41953 (AMD): R539-1.Eligibility Published: 08/15/2017 Effective: 10/23/2017 INSURANCE ADMINISTRATION No. 42041 (NEW): R590-275.Qualified Health Plan Alternate Enrollment Published: 09/15/2017 Effective: 10/23/2017 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41989 (AMD): R746-1.Public Service Commission Administrative Procedures Act Rule Published: 08/15/2017 Effective: 10/19/2017 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 https://rules.utah.gov/researching/ . <> ----------------------------