Utah State Digest, Vol. 2009, No. 18 (September 15, 2009)

[NOTE:  The Utah State Digest (Digest) is created from the eRules filing 
database used to create the Utah State Bulletin (Bulletin).  While a 
discrepancy between the Digest and the Bulletin is highly unlikely, any 
discrepancies will be resolved in favor of the Bulletin.  Please refer to the 
State Disclaimer ( http://www.utah.gov/disclaimer.html ) for more 
information.]

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UTAH STATE DIGEST
Summary of the Contents of the Utah State Bulletin


For information filed August 15, 2009, 12:00 AM through September 1, 2009, 
11:59 PM


Volume 2009, No. 18
September 15, 2009


Prepared by
Division of Administrative Rules
Department of Administrative Services


The Utah State Digest (Digest) is an official electronic publication of the 
State of Utah, Department of Administrative Services, Division of 
Administrative Rules.  It is a summary of the information found in the Utah 
State Bulletin (Bulletin) of the same volume and issue number.  Inquiries 
concerning the substance or applicability of an administrative rule that 
appear in the Digest should be addressed to the contact person for the rule.  
Questions about the Digest or the rulemaking process may be addressed to:  
Division of Administrative Rules, 4120 State Office Building, Salt Lake City, 
Utah 84114-1201, telephone 801-538-3218, FAX 801-538-1773.  Additional 
rulemaking information, and electronic versions of all administrative rule 
publications are available at:  http://www.rules.utah.gov/ .  The Digest is 
available free of charge online at 
http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv.  




************************************************
Division of Administrative Rules, Salt Lake City  84114

Unless otherwise noted, all information presented in this publication is in 
the public domain and may be reproduced, reprinted, and redistributed as 
desired.  Materials incorporated by reference retain the copyright asserted 
by their respective authors.  Citation to the source is requested.



Utah state digest.
  Semimonthly.
  1.  Delegated legislation--Utah--Digests. I.  Utah. Office 
of Administrative Rules.

KFU38.U8
348.792'025--DDC            86-658042
***********************************************




1.  SPECIAL NOTICES

Notice for October 2009 Medicaid Rate Changes
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/sn148804.htm

Notice of Public Hearing on Rule R909-19, Safety Regulations for Tow Truck 
Operations - Tow Truck Requirements for Equipment, Operation and 
Certification
- Maureen Short by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at maureenshort@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/sn148850.htm




2.  EXECUTIVE DOCUMENTS

As part of his or her constitutional duties, the Governor periodically issues 
Executive Documents comprised of Executive Orders, Proclamations, and 
Declarations.  "Executive Orders" set policy for the Executive Branch; create 
boards and commissions; provide for the transfer of authority; or otherwise 
interpret, implement, or give administrative effect to a provision of the 
Constitution, state law or executive policy.  "Proclamations" call special or 
extraordinary legislative sessions; designate classes of cities; publish 
states-of-emergency; promulgate other official formal public announcements or 
functions; or publicly avow or cause certain matters of state government to 
be made generally known.  "Declarations" designate special days, weeks or 
other time periods;  call attention to or recognize people, groups, 
organizations, functions, or similar actions having a public purpose; or 
invoke specific legislative purposes (such as the declaration of an 
agricultural disaster).  

The Governor's Office staff files Executive Documents that have legal effect 
with the Division of Administrative Rules for publication and distribution.  
All orders issued by the Governor not in conflict with existing laws have the 
full force and effect of law during a state of emergency when a copy of the 
order is filed with the Division of Administrative Rules. (See Section 63K-4-
401).

Governor's Proclamation:  Calling the Fifty-Eighth Legislature into the First 
Extraordinary Session
- Fran Stultz by phone at 801-538-1514, by FAX at 801-538-1528, or by 
Internet E-mail at Fstultz@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2009/ExecDoc148785.htm

Governor's Proclamation:  Calling the Fifty-Eighth Legislature into the 
Second Extraordinary Session
- Fran Stultz by phone at 801-538-1514, by FAX at 801-538-1528, or by 
Internet E-mail at Fstultz@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2009/ExecDoc148786.htm

Governor's Proclamation:  Calling the Fifty-Eighth Legislature into the Third 
Extraordinary Session
- Fran Stultz by phone at 801-538-1514, by FAX at 801-538-1528, or by 
Internet E-mail at Fstultz@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2009/ExecDoc148787.htm




3.  NOTICES OF PROPOSED RULES

A state agency may file a Proposed Rule when it determines the need for a new 
rule, a substantive change to an existing rule, or a repeal of an existing 
rule.  Filings received between August 15, 2009, 12:00 a.m., and September 1, 
2009, 11:59 p.m. are summarized in this, the September 15, 2009, issue of the 
Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the September 15, 2009, issue of the Utah State Bulletin until 
at least October 15, 2009 (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 January 13, 2010, the 
agency may notify the Division of Administrative Rules that it wants to make 
the Proposed Rule effective.  The agency sets the effective date.  The date 
may be no fewer than seven calendar days after the close of the public 
comment period nor more than 120 days after the publication date in the Utah 
State Bulletin.  Alternatively, the agency may file a Change in Proposed Rule 
in response to comments received.  If the Division of Administrative Rules 
does not receive a Notice of Effective Date or a Change in Proposed Rule, the 
Proposed Rule lapses and the agency must start the process over.

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, R15-4-5, R15-4-9, and R15-4-10.


ALCOHOLIC BEVERAGE CONTROL
ADMINISTRATION
No. 32897 (Amendment): R81-1-3. General Policies.
SUMMARY OF THE RULE OR CHANGE:  Subsections 32A-12-212(b) and (c) authorize 
the Alcoholic Beverage Control Commission to assess a reasonable 
administrative handling fee to an individual who either moves his/her liquor 
or wine collection into Utah as part of a change of residence or who is a 
beneficiary inheriting liquor or wine located outside of the state.  This 
rule amendment authorizes the department to assess a $20 handling fee for 
this purpose.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The occurrence of individuals either moving to Utah with 
personal liquor and wine collections or inheriting liquor and wine 
collections is infrequent.  The $20 handling fee that is assessed to these 
individuals will not affect the state budget significantly.
- LOCAL GOVERNMENTS:  The bringing of alcoholic beverages into the state of 
Utah is regulated by state government.  Local governments are not authorized 
by state law to assess fees to those who want to bring their personal 
collections of alcohol into the state.  Therefore, local government will not 
be fiscally affected by the passage of this proposed rule.
- SMALL BUSINESSES:  This fee will be assessed to individual citizens under 
limited circumstances.  It will not affect small businesses in any way.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The $20 fee will be assessed to individual citizens under limited 
circumstances.  The fee is minimal and will be used to offset costs incurred 
by the Department of Alcoholic Beverage Control staff to monitor liquor and 
wine being brought into the state of Utah.  It is impossible to determine how 
many citizens the fee may affect in a given year because it is assessed so 
infrequently.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The $20 fee will be assessed to 
individual citizens under limited circumstances.  The fee is minimal and will 
be used to offset costs incurred by the Department of Alcoholic Beverage 
Control staff to monitor liquor and wine being brought into the state of 
Utah.  It is impossible to determine how many citizens the fee may affect in 
a given year because it is assessed so infrequently.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule amendment will have no impact whatsoever on businesses 
in Utah.  If a handling fee is charged, it will be charged to individual 
citizens and not to businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Sharon Mackay by phone at 801-977-6800, by FAX at 801-977-6889, or by 
Internet E-mail at smackay@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32897.htm


COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 32914 (Amendment): R156-28. Veterinary Practice Act Rule.
SUMMARY OF THE RULE OR CHANGE:  In Section R156-28-303, updates rule section 
citations.  Subsection R156-28-503(2) is added which establishes a minimum 
standard regarding the maintenance and retention of the medical records of an 
animal treated by a veterinarian.  The records of a patient/animal must be 
maintained in such a manner that any veterinarian coming into a practice is 
able to proceed with the proper care and treatment of the patient.  In 
addition, the medical records of a patient must be maintained for a minimum 
of five years from the date the patient was last treated.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division will incur minimal costs of approximately 
$50 to print and distribute the rule once the proposed amendments are made 
effective.  Any costs incurred will be absorbed in the Division's current 
budget.
- LOCAL GOVERNMENTS:  The proposed amendments only apply to licensed 
veterinarians and applicants for licensure in that classification.  As a 
result, the proposed amendments do not apply to local governments.
- SMALL BUSINESSES:  The proposed amendments only apply to licensed 
veterinarians and applicants for licensure in that classification.  Licensees 
and applicants for licensure may work in a small business; however, the 
proposed amendments would not directly affect the business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only apply to licensed veterinarians and 
applicants for licensure in that classification.  Costs for licensed 
veterinarians may go up slightly for those licensees who are not at this 
point meeting the proposed minimum standard for maintenance and retention of 
medical records.  However, the Division is not able to determine an exact 
cost nor does it know how many veterinarians are not currently meeting the 
proposed minimum standards regarding medical records.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only apply to 
licensed veterinarians and applicants for licensure in that classification.  
Costs for licensed veterinarians may go up slightly for those licensees who 
are not at this point meeting the proposed minimum standards for maintenance 
and retention of medical records.  However, the Division is not able to 
determine an exact cost nor does it know how many veterinarians are not 
currently meeting the proposed minimum standards regarding medical records.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As indicated in the rule summary, this filing establishes 
standards regarding the maintenance of patient records and could result in 
some costs to veterinarians who do not already meet this standard, but the 
cost is difficult to determine.  No other fiscal impact to businesses is 
anticipated.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Clyde Ormond by phone at 801-530-6254, by FAX at 801-530-6511, or by 
Internet E-mail at cormond@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 09/17/2009 09:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 
(fourth floor), Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32914.htm

No. 32913 (Amendment): R156-60a. Social Worker Licensing Act Rules.
SUMMARY OF THE RULE OR CHANGE:  Throughout the rule the term "rules" has been 
replaced with "rule" where applicable.   In Section R156-60a-302b, updates a 
statutory citation.  In Subsection R156-60a-304(1), the proposed amendment 
changes the date of commencing the two-year period during which the 
continuing education requirement must be met.  The date is changed from  
January 1st to October 1st to be consistent with the current two-year license 
renewal period.  Also in Subsection R156-60a-304(4)(a)(v), the Division of 
Occupational and Professional Licensing is being added an as approved 
provider of continuing education.  In Subsection R156-60a-502(6), rule 
citations are updated.  In Subsection R156-60a-502(12), adds the word "even" 
to further clarify the intent of the language.  In Subsection R156-60a-
601(8), adds language which clarifies that the Division, in collaboration 
with the board, approves requests to supervise more than three supervisees.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division will incur minimal costs of approximately 
$50 to print and distribute the rule once the proposed amendments are made 
effective.  Any costs incurred will be absorbed in the Division's current 
budget.
- LOCAL GOVERNMENTS:  The proposed amendments only apply to licensed social 
worker classifications and applicants for licensure in those classifications.  
As a result, the proposed amendments do not apply to local governments.
- SMALL BUSINESSES:  The proposed amendments only apply to licensed social 
worker classifications and applicants for licensure in those classifications.  
Licensees and applicants for licensure may work in a small business; however, 
the proposed amendments would not directly affect the business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only apply to licensed social worker 
classifications and applicants for licensure in those classifications.  As a 
result of the proposed amendments, licensees will have an additional option 
with respect to obtaining continuing education hours.  Licensees may see 
minimal savings in continuing education costs as a result of the Division now 
providing continuing education training for the profession.  However, an 
exact amount is unable to be determined.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only apply to 
licensed social worker classifications and applicants for licensure in those 
classifications.  As a result of the proposed amendments, licensees will have 
an additional option with respect to obtaining continuing education hours.  
Licensees may see minimal savings in continuing education costs as a result 
of the Division now providing continuing education training for the 
profession.  However, an exact amount is unable to be determined.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing corrects statutory references, changes the 
continuing education reporting period to become consistent with license 
renewal dates and includes the Division as a provider of continuing 
education.  No fiscal impact to businesses is anticipated from these changes, 
although licensees may see a cost savings as a result of obtaining free 
continuing education from the Division.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rich Oborn by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet 
E-mail at roborn@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 10/08/2009 09:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 250 
(second floor), Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32913.htm


EDUCATION
ADMINISTRATION
No. 32917 (Amendment): R277-494. Charter School and Online Student 
Participation in Extracurricular or Co-curricular School Activities.
SUMMARY OF THE RULE OR CHANGE:  This amendment provides new and changed 
definitions and removes outdated definitions, and provides revised language 
throughout the rule to make it accurate and consistent with state law.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  Extracurricular and co-curricular school activities are administered 
at the school district/school level.
- LOCAL GOVERNMENTS:  There may be some additional costs to school districts 
and some additional savings to charter and online schools due to this rule 
amendment.  The fee that was charged to charter and online schools for 
student participation was changed to a flat fee of $75 per student.  The 
previous fee was based on the district cost for an athletic program divided 
by the enrollment of the school.  Additional costs and savings are too 
speculative to determine at this time because the number of charter school 
and online students who may participate is unknown.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule and the amendments apply to public schools and not to 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to persons other small 
businesses, businesses, or local government entities because of this rule 
amendment.  Charter and online schools will pay a flat fee of $75/student for 
charter and online student participation in extracurricular and co-curricular 
activities.  Charter and online school students will continue to pay 
individual extracurricular and co-curricular activity fees that are charged 
to all students in the secondary school to supplement school activities as 
assessed by the school district/school.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There may be some additional 
compliance costs to school districts due to this rule amendment.  The fee 
that was charged to charter and line schools for student participation was 
changed to a flat fee of $75 a student.  The previous fee was based on school 
district enrollment.  Additional costs are too speculative to determine at 
this time because the number of charter school and online student 
participation is unknown.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32917.htm

No. 32918 (Amendment): R277-501. Educator Licensing Renewal and Timelines.
SUMMARY OF THE RULE OR CHANGE:  The rule provides a new section that requires 
all licensed Utah educators when renewing their Utah educator licenses to 
submit fingerprints for a background check to the Department of Public Safety 
(DPS).  The new section also requires the Utah State Office of Education 
(USOE) to provide DPS with a list of all licensed Utah educators and 
identifying information to be maintained in a database developed by DPS in 
consultation with the USOE.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  To the best of the Utah State Office of Education's 
knowledge, DPS is increasing the cost of background checks of all education 
employees by $5/licensed educator to partially cover the cost of this 
increased number of background checks.  For the time being, the Utah State 
Board of Education (USBE) will absorb the increased cost assessed by DPS for 
licensed educators.  It is uncertain the cost and the number of individuals 
subject to background checks and how long the USBE will absorb the increased 
$5/licensed educator cost fee for background checks.  Therefore, cumulative 
costs are too speculative to estimate.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government resulting from this amendment.  The USBE will absorb the 
additional cost for the time being.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  The rule and amendment apply to public schools and do not 
involve small businesses.
- 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 entities.  An increased 
$5/licensed educator for a background check will, for the time being, be 
absorbed by the USBE.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  An increased $5/licensed educator for a background check 
will, for the time being, be absorbed by the USBE.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32918.htm

No. 32919 (Amendment): R277-502-6. Returning Educator Relicensure.
SUMMARY OF THE RULE OR CHANGE:  The changes provide specific time lines for 
filing professional development plans when educators return to teaching while 
renewing their licenses.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  The clarification of time lines will merely streamline the process 
for application and completion of the professional development plan.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  The clarification of timelines will merely streamline the 
process for application and completion of the professional development plan.
- SMALL BUSINESSES:  There are no anticipated costs or savings to the state 
budget.  The program for returning educator relicensure affects public 
schools and not small businesses.
- 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 entities.  The 
clarification of time lines will merely streamline the process for 
application and completion of the professional development plan.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
individuals.  Specific time lines have merely been provided.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32919.htm



HEALTH
CHILDREN'S HEALTH INSURANCE PROGRAM
No. 32928 (Amendment): R382-10. Eligibility.
SUMMARY OF THE RULE OR CHANGE:  This amendment changes the procedure that 
CHIP uses to determine the date of application and allows applications to be 
received on a Friday.  When the state moved to the four-day workweek, medical 
eligibility offices closed on Fridays and applicants could not submit their 
applications on that day.  This change requires CHIP to date applications as 
received on a Friday when they are delivered or sent to medical eligibility 
offices by the close of business on that day.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This change results in a limited budget cost because in 
most cases, applicants who submit an application on a Friday now receive 
three additional days of eligibility.  Nevertheless, there is insufficient 
data to estimate this cost because there is no way to determine how many 
applications will be submitted on a Friday.
- LOCAL GOVERNMENTS:  This change does not impact local governments because 
they do not determine CHIP eligibility and do not fund or provide CHIP 
services.
- SMALL BUSINESSES:  There is no impact to small businesses because they do 
not determine CHIP eligibility and this change does not create new 
requirements for these entities.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are limited savings to CHIP enrollees who receive one to 
three more days of CHIP coverage as a result of this change.  CHIP providers 
may also see a limited increase in revenue.  Nevertheless, there is 
insufficient data to estimate these savings or increased revenue because 
there is no way to determine how many applications will be submitted on a 
Friday.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
this change only creates savings and increased revenue for a CHIP enrollee 
and a CHIP provider.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This change should better serve the public by making the 
application process easier for applicants for  CHIP.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
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:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32928.htm


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 32927 (Amendment): R414-301. Medicaid General Provisions.
SUMMARY OF THE RULE OR CHANGE:  This change clarifies that the Department of 
Workforce Services (DWS) conducts fair hearings for eligibility decisions, 
with the exception that the Department of Health (DOH) conducts fair hearings 
for foster care eligibility or subsidized adoption Medicaid.  It also defines 
the right of DOH to conduct superior agency reviews and defines the appeal 
rights of applicants and clients.  This change also removes a provision that 
allowed applicants to receive benefits pending a fair hearing.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This change does not impact the state budget because the 
fair hearing process was simply transferred to DWS after it assumed 
eligibility determination responsibilities.  Funding for these types of 
hearings is ongoing.
- LOCAL GOVERNMENTS:  This change does not impact local governments because 
they do not determine Medicaid eligibility or conduct eligibility hearings.
- SMALL BUSINESSES:  This change does not impact small businesses because 
they do not determine Medicaid eligibility.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no impact to Medicaid clients and applicants because this 
amendment does not change their right to request a fair hearing for 
eligibility determinations.  The change, therefore, has no impact on the 
services that providers render to Medicaid clients.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
an individual still has a right to a fair hearing to determine eligibility 
and does not pay for this entitlement.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule clarifies the fair hearing process.  This should allow 
aggrieved parties to protect their rights.  No negative fiscal impact is 
expected.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
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:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32927.htm

No. 32933 (Amendment): R414-304. Income and Budgeting.
SUMMARY OF THE RULE OR CHANGE:  In accordance with ARRA, this change excludes 
certain types of income, recovery payments, and Consolidated Omnibus Budget 
Reconciliation Act (COBRA) health insurance premium subsidies to determine 
Medicaid eligibility.  It also updates incorporated materials and amends the 
text to clarify existing rule provisions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  One provision of this change could result in an annual 
loss in spenddown collections that would decrease the General Fund by 
approximately $15,000, with a loss of $37,600 in federal dollars.  The other 
changes have no budget impact because they are one-time payments that 
individuals would not have otherwise received, noncash help to purchase 
health insurance, or tax credits that may increase refunds available to 
individuals that the Department would not count as earned income.
- LOCAL GOVERNMENTS:  This change does not impact local governments because 
they do not determine Medicaid eligibility or fund Medicaid services.
- SMALL BUSINESSES:  This change does not impact small businesses because 
they do not determine Medicaid eligibility for Medicaid clients.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost to Medicaid recipients because the payments they 
receive are not counted as income and do not affect their Medicaid 
eligibility.  On the other hand, Medicaid recipients may save approximately 
$52,600 because the Department will disregard 6.2% of their earned income.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
this change does not require a recipient to pay more for coverage and it does 
not affect individual eligibility.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These changes are necessary for compliance with federal 
requirements.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
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:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32933.htm

No. 32935 (Amendment): R414-305. Resources.
SUMMARY OF THE RULE OR CHANGE:  This change excludes certain types of income, 
recovery payments, and Consolidated Omnibus Budget Reconciliation Act (COBRA) 
health insurance premium subsidies to determine Medicaid eligibility.  In 
addition, it excludes certain properties that American Indians own from being 
counted as resources.  It further updates incorporated materials and amends 
the text to clarify existing rule provisions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no budget impact because the payments that 
individuals receive and possibly retain are from sources of income they would 
not have had without the enactment of ARRA.
- LOCAL GOVERNMENTS:  This change does not impact local governments because 
they do not determine Medicaid eligibility or fund Medicaid services.
- SMALL BUSINESSES:  This change does not impact small businesses because 
they do not determine Medicaid eligibility for Medicaid clients.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost or savings to other persons because the payments 
they receive as a result of ARRA are not counted as resources and do not 
affect their Medicaid eligibility.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
this change does not require a recipient to pay more for coverage and it does 
not affect individual eligibility.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These changes are necessary for compliance with federal 
requirements and should not have a negative fiscal impact on business.  
Payments under the ARRA stimulus package will not cause ineligibility.  More 
persons who would otherwise be uninsured will have a source of payment to 
providers.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
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:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32935.htm

No. 32925 (Amendment): R414-320. Medicaid Health Insurance Flexibility and 
Accountability Demonstration Waiver.
SUMMARY OF THE RULE OR CHANGE:  This amendment allows individuals and 
families to receive a subsidy for their share of Consolidated Omnibus Budget 
Reconciliation Act (COBRA) continuation coverage.  This subsidy helps 
individuals and families keep continuous insurance coverage and avoids 
preexisting condition exclusions that could occur if there were a lapse in 
coverage.  This change further defines COBRA continuation coverage and adds 
this coverage as health insurance coverage to be subsidized under the UPP 
program.  It also allows an individual who is covered by COBRA at the time of 
application and who applies during the first 60 days of the amendment to 
enroll in UPP.  In addition, this amendment increases the maximum subsidy 
amount for children from $100 to $120 per month.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no impact to the state budget because children 
who enroll in COBRA and UPP are already qualified for and may enroll in the 
Children's Health Insurance Program (CHIP).  In addition, adults who enroll 
in UPP are already qualified for and may enroll in the Primary Care Network 
Program.  The state, therefore, does not incur any additional costs for COBRA 
enrollees.  It is estimated that the increased costs from the $20 increase 
will be offset by savings of moving more children from CHIP to UPP.
- LOCAL GOVERNMENTS:  This change does not impact local governments because 
they do not fund or provide UPP services.
- SMALL BUSINESSES:  There is no budget impact because this change does not 
create any new requirements for small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are nominal savings to individuals who qualify for the COBRA 
and UPP programs.  Nevertheless, there is insufficient data to determine this 
savings based on the number of individuals who will qualify for the UPP 
Program and the current cost of their COBRA insurance.  There are no 
additional costs to providers based on any new requirements.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
there are no additional costs to a child or adult who is already enrolled in 
the CHIP or the Primary Care Network Program.  Furthermore, there are no 
additional costs to a single provider based on new requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule change should encourage private insurance coverage for 
persons previously on a public program.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
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:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32925.htm



HUMAN SERVICES
CHILD AND FAMILY SERVICES
No. 32905 (Amendment): R512-51. Fee Collection for Criminal Background 
Screening for Prospective Foster and Adoptive Parents and for Employees of 
Other Department of Human Services Licensed Programs.
SUMMARY OF THE RULE OR CHANGE:  The proposed changes to this rule delete the 
reference to the Board of Child and Family Services, add the statutory 
authority for Child and Family Services to perform rulemaking duties, and 
make minor formatting changes for consistency purposes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will be no increase in costs or savings to the 
state budget because these proposed changes clarify practice, but do not 
increase workload that would require additional staff or other costs.
- LOCAL GOVERNMENTS:  There will be no increase in costs or savings to local 
government because it was determined that this rule does not apply to local 
government.
- SMALL BUSINESSES:  There will be no increase in costs or savings to small 
businesses because it was determined that this rule does not apply to small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no increase in costs or savings to small businesses, 
businesses, or local government entities because it was determined that this 
rule does not apply to small businesses, businesses, or local government 
entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons associated with implementing the changes to this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no cost or savings on businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by 
Internet E-mail at carolmiller@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32905.htm

No. 32906 (Amendment): R512-60. Children's Trust Account.
SUMMARY OF THE RULE OR CHANGE:  The proposed changes to this rule delete the 
reference to the Board of Child and Family Services, add the statutory 
authority citation allowing Child and Family Services to perform rulemaking 
duties, and make minor grammatical and formatting changes for consistency 
purposes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will be no increase in costs or savings to the 
state budget because it was determined that these proposed changes clarify 
practice, but do not increase workload that would require additional staff or 
other costs.
- LOCAL GOVERNMENTS:  There will be no increase in costs or savings to local 
government because it was determined that this rule does not apply to local 
government.
- SMALL BUSINESSES:  There will be no increase in costs or savings to small 
businesses because it was determined that this rule does not apply to small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no increase in costs or savings to persons other than 
small businesses, businesses, or local government entities because it was 
determined that this rule does not apply to persons other than small 
businesses, businesses, or local government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons associated with implementing the changes to this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no cost or savings on businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by 
Internet E-mail at carolmiller@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32906.htm

No. 32907 (Amendment): R512-200. Child Protective Services, Intake Services.
SUMMARY OF THE RULE OR CHANGE:  The proposed changes to this rule delete the 
reference to a Priority 4 response time, add the statutory authority for 
Child and Family Services to perform rulemaking duties, add language 
concerning the actions Intake will perform when receiving a report about a 
runaway child, and make minor formatting changes for consistency purposes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will be no increase in costs or savings to the 
state budget because it was determined that these proposed changes clarify 
practice, but do not increase workload that would require additional staff or 
other costs.
- LOCAL GOVERNMENTS:  There will be no increase in costs or savings to local 
government because it was determined that this rule does not apply to local 
government.
- SMALL BUSINESSES:  There will be no increase in costs or savings to small 
businesses because it was determined that this rule does not apply to small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no increase in costs or savings to persons other than 
small businesses, businesses, or local government because it was determined 
that this rule does not apply to persons other than small businesses, 
businesses, or local government.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons associated with implementing the changes to this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no cost or savings on businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by 
Internet E-mail at carolmiller@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32907.htm

No. 32909 (Amendment): R512-204. Child Protective Services, New Caseworker 
Training.
SUMMARY OF THE RULE OR CHANGE:  The proposed changes to this rule delete the 
reference to the Board of Child and Family Services and make minor formatting 
changes for consistency purposes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will be no increase in costs or savings to the 
state budget because it was determined that these proposed changes clarify 
practice, but do not increase workload that would require additional staff or 
other costs.
- LOCAL GOVERNMENTS:  There will be no increase in costs or savings to local 
government because it was determined that this rule does not apply to local 
government.
- SMALL BUSINESSES:  There will be no increase in costs or savings to small 
businesses because it was determined that this rule does not apply to small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no increase in costs or savings to persons other than 
small businesses, businesses, or local government entities because it was 
determined that this rule does not apply to persons other than small 
businesses, businesses, or local government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons associated with implementing the changes to this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no cost or savings on businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by 
Internet E-mail at carolmiller@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32909.htm


RECOVERY SERVICES
No. 32890 (Amendment): R527-258. Enforcing Child Support When the Obligor is 
an Ex-Prisoner or in a Treatment Program.
SUMMARY OF THE RULE OR CHANGE:  The changes add language to the first section 
to clarify that the Office of Recovery Services/Child Support Services  
(ORS/CSS) will not take collection or enforcement action on an obligor if he 
is in an in-patient treatment facility for 30 days or more.  In that same 
section, the references to collection of current support and $1 was deleted, 
as well as reference to out-patient treatment.  A new third subsection was 
added which states that the office will only collect current support and $1 
dollar for six months after the obligor notifies ORS/CSS that he is involved 
in an out-patient program or the office determines that the obligor is 
involved in an out-patient treatment program.  Moved the old Subsection R527-
258-4(3) to (4).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
because the changes to the rule are for clarification purposes.  The office 
has been and is still required to provide the same services pursuant to 
federal regulations and state law.
- LOCAL GOVERNMENTS:  There are no anticipated costs to the local government 
because administrative rules of ORS do not apply to local government.
- SMALL BUSINESSES:  There are no anticipated costs for small business 
because the changes affect the internal procedures of the ORS/CSS and provide 
clarification to the child support staff.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs for other persons because the 
changes affect the internal procedures of the ORS/CSS and provide 
clarification to the child support staff.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  ORS cannot provide firm figures 
because there is no way of knowing how many obligors' will have their support 
debts forgiven and what portion of each obligor's debt will be forgiven.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Passage of this proposed rule will have little or no fiscal 
impact on local businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32890.htm



INSURANCE
ADMINISTRATION
No. 32901 (Amendment): R590-226. Submission of Life Insurance Filings.
SUMMARY OF THE RULE OR CHANGE:  The changes update the rule to comply with 
rate and form filing procedures; update incorporated documents; eliminate the 
reference to Sircon; change the time required to make filing corrections from 
30 to 15 days; and require that the intent of the filing and purpose of each 
document be included with each filing.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes will have no fiscal impact on the 
department.  The changes will not increase the work load and no additional 
filings or fee will be required.
- LOCAL GOVERNMENTS:  The changes to this rule will have no impact on local 
governments since the rule deals with the relationship between the department 
and its licensees, in this case around 550 life insurance companies.
- SMALL BUSINESSES:  This rule affects life insurance companies; few, if any, 
would be considered small businesses.  The changes to this rule update the 
procedures of the department to comply with national standards being used by 
most states.  The only fiscal impact may be the reduction in rejected 
filings, as a result of language clarifications, which would result in 
reduced filing fees paid by insurers to the contracted organization 
processing these filings.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule affects life insurance companies; most are large 
businesses.  The changes to this rule update the procedures of the department 
to comply with national standards being used by most states.  The only fiscal 
impact may be the reduction in rejected filings, as a result of language 
clarifications, which would result in reduced filing fees paid by insurers to 
the contracted organization processing these filings.  Consumers will likely 
not be impacted financially by these changes since life insurers will have 
little, if any, fiscal impact as a result of the procedural changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule affects life insurance 
companies; most are large businesses.  The changes to this rule update the 
procedures of the department to comply with national standards being used by 
most states.  The only fiscal impact may be the reduction in rejected 
filings, as a result of language clarifications, which would result in 
reduced filing fees paid by insurers to the contracted organization 
processing these filings.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule will have little, if any, fiscal impact 
on businesses in Utah.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32901.htm

No. 32903 (Amendment): R590-227. Submission of Annuity Filings.
SUMMARY OF THE RULE OR CHANGE:  The changes update the rule to comply with 
rate and form filing procedures; update incorporated documents; eliminate the 
reference to Sircon; change the time required to make filing corrections from 
30 to 15 days; and require that the intent of the filing and purpose of each 
document be included with each filing.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes will have no fiscal impact on the 
department.  The changes will not increase the work load and no additional 
filings or fee will be required.
- LOCAL GOVERNMENTS:  The changes to this rule will have no impact on local 
governments since the rule deals with the relationship between the department 
and its licensees, in this case around 550 life and annuity insurance 
companies.
- SMALL BUSINESSES:  This rule affects life insurance companies; few, if any, 
would be considered small businesses.  The changes to this rule update the 
procedures of the department to comply with national standards being used by 
most states.  The only fiscal impact may be the reduction in rejected 
filings, as a result of language clarifications, which would result in 
reduced filing fees paid by insurers to the contracted organization 
processing these filings.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule affects life insurance companies; most are large 
businesses.  The changes to this rule update the procedures of the department 
to comply with national standards being used by most states.  The only fiscal 
impact may be the reduction in rejected filings, as a result of language 
clarifications, which would result in reduced filing fees paid by insurers to 
the contracted organization processing these filings.  The changes to this 
rule will probably have no fiscal impact on consumers since they will have 
little if any impact on the insurer and deals solely with the procedures used 
to file insurance forms with the department.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule affects life insurance 
companies; most are large businesses.  The changes to this rule update the 
procedures of the department to comply with national standards being used by 
most states.  The only fiscal impact may be the reduction in rejected 
filings, as a result of language clarifications, which would result in 
reduced filing fees paid by insurers to the contracted organization 
processing these filings.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule will have little, if any, fiscal impact 
on businesses in Utah.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32903.htm

No. 32908 (Amendment): R590-228. Submission of Credit Life and Credit 
Accident and Health Insurance Form and Rate Filings.
SUMMARY OF THE RULE OR CHANGE:  The changes update the rule to comply with 
rate and form filing procedures; update incorporated documents; eliminate the 
reference to Sircon; change the time required to make filing corrections from 
30 to 15 days; and require that the intent of the filing and purpose of each 
document be included with each filing.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes will have no fiscal impact on the 
department.  The changes will not increase the work load and no additional 
filings or fees will be required.
- LOCAL GOVERNMENTS:  The changes to this rule will have no impact on local 
governments since the rule deals with the relationship between the department 
and its licensees, in this case around 550 life and health insurance 
companies.
- SMALL BUSINESSES:  This rule affects life insurance companies; few, if any, 
would be considered small businesses.  The changes to this rule update the 
procedures of the department to comply with national standards being used by 
most states.  The only fiscal impact may be the reduction in rejected 
filings, as a result of language clarifications, which would result in 
reduced filing fees paid by insurers to the contracted organization 
processing these filings.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule affects life insurance companies; most are large 
businesses.  The changes to this rule update the procedures of the department 
to comply with national standards being used by most states.  The only fiscal 
impact may be the reduction in rejected filings, as a result of language 
clarifications, which would result in reduced filing fees paid by insurers to 
the contracted organization processing these filings.  The changes to this 
rule will probably have no fiscal impact on consumers since it will have 
little if any impact on the insurer and deals solely with the procedures used 
to file insurance forms with the department.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule affects life insurance 
companies; most are large businesses.  The changes to this rule update the 
procedures of the department to comply with national standards being used by 
most states.  The only fiscal impact may be the reduction in rejected 
filings, as a result of language clarifications, which would result in 
reduced filing fees paid by insurers to the contracted organization 
processing these filings.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule will have little, if any, fiscal impact 
on businesses in Utah.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32908.htm



NATURAL RESOURCES
PARKS AND RECREATION
No. 32899 (Amendment): R651-202-1. Boating Advisory Council.
SUMMARY OF THE RULE OR CHANGE:  Restructure the Boating Advisory Council to 
include representation for a broader scope of users in boating matters.  
There will be one member from each of these user groups:  boating safety and 
education organizations, sailing users, boating anglers, marine dealers, 
personal watercraft users, outfitting companies, paddle craft users, water 
sports users, and motorboat users.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no cost to the state budget associated with 
this restructure because the restructure is only changing the boating 
advisory council members.
- LOCAL GOVERNMENTS:  There is no cost to local government associated with 
this restructure because the restructure is only changing the boating 
advisory council members.
- SMALL BUSINESSES:  There is no cost to small businesses associated with 
this restructure because the restructure is only changing the boating 
advisory council members.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost to persons other than small businesses, 
businesses, or local government entities associated with this restructure 
because the restructure is only changing the boating advisory council 
members.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no cost to affected persons 
associated with this restructure because the restructure is only changing the 
boating advisory council members.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule change should help business owners by giving them a 
voice in boating regulation issues.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by 
Internet E-mail at tammywright@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32899.htm

No. 32898 (New Rule): R651-700. Administrative Procedures for Real Property 
Management.
SUMMARY OF THE RULE OR CHANGE:  Due to the increasing frequency of private 
and public requests for access to real property owned and operated by Utah 
State Parks, the Division with assistance from our Deputy Attorney General 
has drafted the real property rule.  This rule will provide Utah State Parks 
with legally defensible procedures and policies for the decisions made with 
respect to real property transactions such as water rights, acquisition, 
exchange, sale, leases, easements, and permits.  Utah State Parks currently 
lacks any rules for real property transactions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are application fees associated with special use 
permits, easements, special use leases, and rights-of-way (ROW).  Those fees 
are outlined in our current fee schedule and are determined by the Parks 
Board and approved through the legislature.  The creation of this rule does 
not change any fees.  Therefore, there are no new fees associated with the 
creation of this rule.
- LOCAL GOVERNMENTS:  There are application fees associated with special use 
permits, easements, special use leases, and ROW.  Those fees are outlined in 
our current fee schedule and are determined by the Parks Board and approved 
through the legislature.  The creation of this rule does not change any fees.  
Therefore, there are no new fees associated with the creation of this rule.
- SMALL BUSINESSES:  There are fees associated with special use permits, etc, 
but this rule does not change those costs, requirements or fees.  They will 
stay as they are now.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are application fees associated with special use permits, 
easements, special use leases, and ROWs.  Those fees are outlined in our 
current fee schedule and are determined by our Parks Board and approved 
through the legislature.  The creation of this rule does not change any fees.  
Therefore, there are no new fees or requirements associated with the creation 
of this rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are fees associated with 
special use permits, etc, but this rule does not change those costs, 
requirements or fees.  The fees will stay the same as they currently are.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There should be minimal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by 
Internet E-mail at tammywright@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32898.htm


WILDLIFE RESOURCES
No. 32921 (Amendment): R657-9. Taking Waterfowl, Common Snipe and Coot.
SUMMARY OF THE RULE OR CHANGE:  The proposed revisions to the above listed 
rule remove all references to the process and procedure for obtaining swan 
permits; all application procedures are now outlined in Rule R657-62, Drawing 
Application Procedures.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment only moves the drawing application 
procedure to a different rule; it does not make any changes to the process.  
Therefore, the Division of Wildlife Resources (DWR) determines that these 
amendments do not create a cost or savings impact to the state budget or 
DWR's budget, since the changes will not increase workload and can be carried 
out with existing budget.
- LOCAL GOVERNMENTS:  Since this amendment has no impact on individual 
hunters or the local governments, DWR finds that this filing does not create 
any direct cost or savings impact to local governments.  Nor are local 
governments indirectly impacted because the rule does not create a situation 
requiring services from local governments.
- SMALL BUSINESSES:  Since this amendment has no impact on small businesses 
or the local governments, DWR finds that this filing does not create any 
direct cost or savings impact to small businesses.  Nor are small businesses 
indirectly impacted because the rule does not create a situation requiring 
services from them.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This amendment places the application procedures for all permits 
issued by DWR into the same rule (Rule R657-62, Drawing Application 
Procedures) to reduce repetition in many rules and therefore does not have 
the potential to generate a cost or savings impact to sportsmen or the other 
persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  DWR determines that this amendment 
will not create additional costs for those who participate in wildlife 
related activities in Utah.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32921.htm

No. 32922 (Amendment): R657-10. Taking Cougar.
SUMMARY OF THE RULE OR CHANGE:  The proposed revisions to the above listed 
rule:  1) remove all references to limited entry permit applications, waiting 
periods and bonus points, and this information has been moved to Rule R657-
62; and 2) add a definition for "Kitten with spots".
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment adds a definition and removes text that 
is found in another rule (Rule R657-62), therefore, the Division of Wildlife 
Resources (DWR) determines that these amendments do not create a cost or 
savings impact to the state budget, since the changes will not increase 
workload and can be carried out with existing budget.
- LOCAL GOVERNMENTS:  Since this amendment only adds a definition and removes 
duplicated text, this should have little to no effect on local governments.  
This filing does not create any direct cost or savings impact to local 
governments because they are not directly affected by the rule.  Nor are 
local governments indirectly impacted because the rule does not create a 
situation requiring services from local governments.
- SMALL BUSINESSES:  None--The amendments do not impose any additional 
requirements on small businesses, nor generate a cost or savings impact to 
small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--The amendments do not impose any additional requirements on 
other persons, nor generate a cost or savings impact to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  DWR determines that these amendments 
will not create additional costs for sportsmen wishing to hunt cougar in 
Utah.  Therefore, the rule amendments do not create a cost or savings impact 
to individuals who participate in hunting cougar.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32922.htm

No. 32923 (Amendment): R657-11. Taking Furbearers.
SUMMARY OF THE RULE OR CHANGE:  Section R657-11-10 is being amended to add 
the middle section of the Provo River, between Jordanelle Dam and Deer Creek 
Reservoir to the list of areas with trapping restrictions and Section R657-
11-30 is being amended to add clarification on the waterfowl management areas 
trapping hours requirement.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments add a section of the Provo River to the 
list of areas with trapping restrictions and clarify an existing requirement.  
Therefore, the Division of Wildlife Resources (DWR) determines that these 
amendments do not create a cost or savings impact to the state budget or 
DWR's budget, since the changes will not increase workload and can be done 
with exiting budget.
- LOCAL GOVERNMENTS:  None--This filing does not create any direct cost or 
savings impact to local governments because they are not directly affected by 
the amendment.  Nor are local governments indirectly impacted because the 
amendment does not create a situation requiring services from local 
governments.
- SMALL BUSINESSES:  This amendment adds a section of the Provo River to the 
list of areas with trapping restrictions and clarifies an existing 
requirement; therefore, the amendments do not impose any additional 
requirements on small businesses, nor generate a cost or savings impact to 
small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This amendment adds a section of the Provo River to the list of 
areas with trapping restrictions and clarifies an existing requirement; 
therefore, the amendments do not impose any additional requirements on other 
persons, nor generate a cost or savings impact to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This amendment only adds a section of 
the Provo River to the list of areas with trapping restrictions and clarifies 
an existing requirement.  Therefore, DWR determines that there is no 
additional compliance costs associated with the amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32923.htm

No. 32924 (Amendment): R657-12. Hunting and Fishing Accommodations for People 
With Disabilities.
SUMMARY OF THE RULE OR CHANGE:  Provisions are being amended to this rule to 
allow increased hunting opportunities for disabled hunters, by adding a 
season extension for wild turkey.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment allows more accommodations or opportunity 
for disabled people to participate in wild turkey hunting, and makes 
clarification.  The Division of Wildlife (DWR) has determined that this 
amendment does not create a cost or savings impact to DWR's budget or the 
state budget.
- LOCAL GOVERNMENTS:  This amendment allows more accommodations or 
opportunity for disabled people to participate in wild turkey hunting, and 
makes clarification.  This filing does not create any direct cost or savings 
impact to local governments because they are not directly affected by the 
amendment.  Nor are local governments indirectly impacted because the 
amendment does not create a situation requiring services from local 
governments.
- SMALL BUSINESSES:  This amendment allows more accommodations or opportunity 
for disabled people to participate in wild turkey hunting, and makes 
clarification.  The amendment does not impose any additional requirements on 
small businesses, nor generate a cost or savings impact to other persons.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This amendment allows more accommodations or opportunity for 
disabled people to participate in wild turkey hunting, and makes 
clarification.  The amendment does not impose any additional requirements on 
other persons, nor generate a cost or savings impact to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This amendment allows more 
accommodations or opportunity for disabled people to participate in wild 
turkey hunting, and makes clarifications.  There are not any additional 
compliance costs associated with this amendment.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32924.htm

No. 32926 (Amendment): R657-39. Wildlife Board and Regional Advisory 
Councils.
SUMMARY OF THE RULE OR CHANGE:  This rule is being amended to provide 
guidelines for the election of Chair and Vice Chair positions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These amendments provide guidelines for the election of 
Chair and Vice Chair positions  Since this is just a procedural change, DWR 
determines that these amendments do not create a cost or savings impact to 
the state budget or DWR's budget.
- LOCAL GOVERNMENTS:  None--This filing does not create any direct cost or 
savings impact to local governments because they are not directly affected by 
the rule.  Nor are local governments indirectly impacted because the rule 
does not create a situation requiring services from local governments.
- SMALL BUSINESSES:  These amendments provide guidelines for the election of 
Chair and Vice Chair positions on the Regional Advisory Councils, therefore, 
the amendment does not impose any additional requirements on small 
businesses, nor generate a cost or savings impact to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: These amendments provide guidelines for the election of Chair and 
Vice Chair positions on the Regional Advisory Councils, therefore, the 
amendment does not impose any additional requirements on other persons, nor 
generate a cost or savings impact to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  These amendments provide guidelines 
for the election of Chair and Vice Chair positions on the Regional Advisory 
Councils as well as establishing term limits for the positions.  DWR 
determines that there is no additional compliance costs associated with these 
amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32926.htm

No. 32929 (Amendment): R657-50. Error Remedy.
SUMMARY OF THE RULE OR CHANGE:  The modifications to this rule provide:  1) 
for the restoration of bonus or preference points if an error is determined 
to be caused by the Division; 2) allow computer service and internet 
providers to be included as possible contributors to an error; 3) allow for 
the restoration of bonus or preference points if an error is determined to be 
caused by a third party; 4) allow the Division to mitigate applicant errors 
provided the applicant can provide satisfactory proof to the Division that an 
error did occur that was a mistake on the part of the applicant; and 5) set 
time constraints for filing an error remedy request.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Since this amendment is only a process clarification, 
the Division of Wildlife Resources (DWR) determines that this does not create 
a cost or savings impact to the state budget or DWR's budget.
- LOCAL GOVERNMENTS:  This amendment is outlining a process clarification.  
This rule does not create any direct cost or savings impact to local 
governments because they are not directly affected by the rule.  Nor are 
local governments indirectly impacted because the rule does not create a 
situation requiring services from local governments.
- SMALL BUSINESSES:  The rule does not impose any additional requirements on 
other persons, nor generate a cost or savings impact to small businesses, 
because this correction is only clerical in nature.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The rule does not impose any additional requirements on other 
persons, nor generate a cost or savings impact to other persons, because this 
correction is only clerical in nature.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Since this amendment is only a 
process clarification, DWR determines that there are no additional compliance 
costs associated with this amendment.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32929.htm

No. 32930 (Amendment): R657-54. Taking Wild Turkey.
SUMMARY OF THE RULE OR CHANGE:  The proposed revisions to the above listed 
rule remove all references to the process and procedure for obtaining Wild 
Turkey permits, all application procedures are now outlined in Rule R657-62, 
Drawing Application Procedures.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment only moves the drawing application 
procedure to a different rule; it does not make any changes to the process.  
Therefore, the Division of Wildlife Resources (DWR) determines that these 
amendments do not create a cost or savings impact to the state budget or 
DWR's budget, since the changes will not increase workload and can be carried 
out with existing budget.
- LOCAL GOVERNMENTS:  Since this amendment has no impact on individual 
hunters or the local governments, DWR finds that this filing does not create 
any direct cost or savings impact to local governments.  Nor are local 
governments indirectly impacted because the rule does not create a situation 
requiring services from local governments.
- SMALL BUSINESSES:  This amendment places the application procedures for all 
permits issued by DWR into the same rule (Rule R657-62, Drawing Application 
Procedures) to reduce repetition in many rules and therefore, does not have 
the potential to generate a cost or savings impact to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This amendment places the application procedures for all permits 
issued by DWR into the same rule (Rule R657-62, Drawing Application 
Procedures) to reduce repetition in many rules and therefore, does not have 
the potential to generate a cost or savings impact to sportsmen or the other 
persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This amendment places the application 
procedures for all permits issued by DWR into the same rule (Rule R657-62, 
Drawing Application Procedures) to reduce repetition in many rules and 
therefore, does not have the potential to generate a cost or savings impact 
to sportsmen or the other persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32930.htm



SCHOOL AND INSTITUTIONAL TRUST LANDS
ADMINISTRATION
No. 32931 (Amendment): R850-40-250. Determination of the Status of Temporary 
Easements and Rights-of-Entry.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment clarifies that the 
agency may use the rule process for extinguishing the statutory easement 
outside of the sale context and allows any responsible party to apply to make 
the statutory temporary easement permanent.  Alternately, the agency may 
self-start the process by notifying local government, etc., in accordance 
with the existing rule.  The amendment primarily deletes three references to 
land sales as a basis for elimination of the statutory easement.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
as a result of this proposed amendment because  the process for extinguishing 
statutory easements is already in place.  The amendment is simply removing 
the limitation of the rule applying only to sale parcels.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government as a result of the proposed amendment because the process for 
extinguishing statutory easements is already in place.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses as a result of the proposed amendment.  Since the process for 
extinguishing statutory easements is already in place, the cost for a small 
business using the process would not increase or diminish.
- 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 entities as a result of the 
proposed amendment.  Because the process for extinguishing statutory 
easements is already in place, any person using the process would not 
encounter any additional costs or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There should not be any additional 
compliance costs for affected persons.  The process for extinguishing 
statutory easements is already in place and any costs involved for 
participating in the process are already established and in use.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The intent of this rule is to broaden the applicability of the 
existing rule to management instances, beyond sale of land, where an entity 
will be notified of their opportunity to perfect an easement if they believe 
they satisfy a 1992 legislative grant.  Since the 1992 grant already required 
compensation for granting an easement, the proposed modification has no 
fiscal impact on businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
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
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32931.htm

No. 32932 (Amendment): R850-140. Development Property.
SUMMARY OF THE RULE OR CHANGE:  Definitions for "Joint Venture," "Other 
Business Arrangement," and "Supporting Transactions" were added in Section 
R850-140-250.  Clarification is being made to the process of designating 
property for development purposes in Section R850-140-300.  Section R850-140-
350 is a new section on planning.   Section R850-140-400 outlines General 
Provisions for processing Development Transactions and removes outdated 
procedures.  Sections R850-140-500 and R850-140-600 are new sections that 
outline the processes for approval of "Minor" and "Major" Development 
Transactions, respectively.  Section R850-140-800 is a new section added to 
address the issues of "Supporting Transactions" and Section R850-140-900 is 
new to address situations where a need exists to deviate from the transaction 
approval processes set forth in rule.  Changes to Section R850-140-1000 are 
for clarification purposes.  In order to accommodate these changes, many of 
the sections have been renumbered.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget as a result of this rule amendment.  The changes are largely for 
clarification purposes and greater structure of existing processes.
- LOCAL GOVERNMENTS:  There is  no anticipated cost or savings to local 
government as a result of this rule amendment.  The changes address more of 
the internal agency actions and procedures rather than changes to compliance 
issues directed at those with whom we do business.
- SMALL BUSINESSES:  It is not anticipated that there will be any additional 
cost or savings to small businesses because of these rule amendments.  The 
requirements that must be met by any business  desiring to enter into a 
development transaction with the agency have not been changed.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities as a result of the 
amendments to this rule.  The amendments are directed at giving greater 
guidance and clarification to agency staff in processing development 
transactions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  It is not anticipated that there will 
be any costs for compliance for affected persons.  The requirements have not 
been modified; only the manner in which the agency performs existing 
processes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule modification provides a more detailed definition of 
terms, and imposes upon the Administration a greater due-diligence obligation 
prior to presenting proposals for real estate transactions to the Board of 
Trustees.  Consequently, the impact will primarily be upon the Administration 
rather than upon business.  The greater degree of evaluation prior to 
entering into transactions may require prospective partners (businesses) to 
provide more detailed information, but it is not anticipated that the 
additional information will be in excess of what would be required for any 
private transaction.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
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
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32932.htm



SPORTS AUTHORITY (UTAH)
PETE SUAZO UTAH ATHLETIC COMMISSION
No. 32920 (Amendment): R859-1-501. Promoter's Responsibility in Arranging 
Contests - Permit Fee, Bond, Restrictions.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment will clarify existing 
rule language and state that fees are set and based on the number of 
attendees at an event.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The proposed rule incorporates existing policy that fees 
are set by the number of attendees at an event, rather than the number of 
seats, some of which could be unoccupied.  It would also establish a maximum 
ceiling on broadcast revenue fees consistent with the fees charged by 
competing state commissions.  The state could conceivably lose money for a 
large pay-per-view event, from what would be charged under the current rule 
language.  However, since the current rule language does not contain a 
maximum fee ceiling, it could make large pay-per-view events noncompetitive 
in Utah when compared to other states.  However, to date, the state has never 
hosted an unarmed combat event that would have been impacted by this proposed 
ceiling in broadcast fees.
- LOCAL GOVERNMENTS:  The proposed rule incorporates existing policy that 
fees are set by the number of attendees at an event, rather than the number 
of seats, some of which could be unoccupied.  The proposed ceiling in pay per 
view fees will not impact local government revenue.  Consequently, there are 
no anticipated costs or savings since this proposed amendment will not impact 
local government.
- SMALL BUSINESSES:  The proposed rule incorporates existing policy that fees 
are set by the number of attendees at an event, rather than the number of 
seats, some of which could be unoccupied.  It would also establish a maximum 
ceiling on broadcast revenue fees consistent with the fees charged by 
competing state commissions.  Small businesses could conceivably lose money 
for a large pay-per-view event, from what would be charged under the current 
rule language.  However, since the current rule language does not contain a 
maximum fee ceiling, it could make large pay-per-view events noncompetitive 
in Utah when compared to other states.  However, to date, the state has never 
hosted an unarmed combat event that would have been impacted by this proposed 
ceiling in broadcast fees.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed rule incorporates existing policy that fees are set by 
the number of attendees at an event, rather than the number of seats, some of 
which could be unoccupied.  It would also establish a maximum ceiling on 
broadcast revenue fees consistent with the fees charged by competing state 
commissions.  Large businesses could conceivably lose money for a large pay-
per-view event, from what would be charged under the current rule language.  
However, since the current rule language does not contain a maximum fee 
ceiling, it could make large pay-per-view events noncompetitive in Utah when 
compared to other states.  However, to date, the state has never hosted an 
unarmed combat event that would have been impacted by this proposed ceiling 
in broadcast fees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The net total increased annual cost 
to local businesses or individuals is anticipated to be zero.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The proposed rule incorporates existing policy that fees are set 
by the number of attendees at an event, rather than the number of seats, some 
of which are likely unoccupied.  It would also establish a maximum ceiling on 
broadcast revenue fees consistent with the fees charged by competing state 
commissions.  The state could conceivably lose money for a large pay-per-view 
event, from what would be charged under the current rule language.  However, 
since the current rule language does not contain a maximum fee ceiling, it 
could make large pay-per-view events noncompetitive in Utah when compared to 
other states.  However, to date, the state has never hosted an unarmed combat 
event that would have been impacted by this proposed ceiling in broadcast 
fees.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bill Colbert by phone at 801-538-8876, by FAX at 801-538-8888, or by 
Internet E-mail at bcolbert@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32920.htm



TECHNOLOGY SERVICES
ADMINISTRATION
No. 32891 (New Rule): R895-13. Access to the Identity Theft Reporting 
Information System Database.
SUMMARY OF THE RULE OR CHANGE:  Vendors and federal, state, and local 
government agencies approved by the Utah Attorney General’s Office shall have 
access to the IRIS database.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  After a review, it was determined by the Department of 
Technology Services and the Attorney General's office that there would be no 
financial impact to the state budget.
- LOCAL GOVERNMENTS:  After a review, it was determined by the Department of 
Technology Services and the Attorney General's office that there would be no 
financial impact to local government.
- SMALL BUSINESSES:  After a review, it was determined by the Department of 
Technology Services and the Attorney General's office that there would be no 
financial impact to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: After a review, it was determined by the Department of Technology 
Services and the Attorney General's office that there would be no financial 
impact to persons other than small businesses, businesses, or local 
governmental entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  After a review, it was determined by 
the Department of Technology Services and the Attorney General's office that 
there would be no financial impact to affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will not have a fiscal impact on the business 
community in Utah.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Russell Smith by phone at 801-514-3125, by FAX at 801-538-3622, or by 
Internet E-mail at russellsmith@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32891.htm



TRANSPORTATION
PROGRAM DEVELOPMENT
No. 32934 (New Rule): R926-12. Share the Road Bicycle Support Restricted 
Account.
SUMMARY OF THE RULE OR CHANGE:  The rule is being established to define the 
procedure for certain organizations to apply for funds in the Share the Road 
Bicycle Support Restricted Account.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  An annual $25 donation is made by applicants to the 
Share the Road Bicycle Support Restricted Account administered by the 
Department of Transportation.  This is a new rule, therefore, no amount can 
be determined at this time.
- LOCAL GOVERNMENTS:  This is a state involved program to promote bicycle 
operation and safety through charitable organizations, therefore, no cost or 
savings for local government are anticipated.
- SMALL BUSINESSES:  This is a state involved program to promote bicycle 
operation and safety through charitable organizations, therefore, no cost or 
savings for small businesses are anticipated.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The law requires applicants for a new Share the Road Bicycle 
Support special group plate to make a $25 annual donation for bicycle 
operation and safety awareness programs.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance cost as only applicants 
who choose to have the new Share the Road special group license plate will 
pay $25 when they apply for the plate.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact by this rule on businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Maureen Short by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at maureenshort@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32934.htm



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 32910 (Amendment): R986-200-244. TANF Needy Family (TNF).
SUMMARY OF THE RULE OR CHANGE:  This rule change is being made to better 
accommodate refugees who face multiple challenges to successful integration 
in their communities.  This provision allows the Department to provide case 
management services for families at or below 300% of poverty instead of 200%.  
TNF does not provide cash payments.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will be no costs or savings to the state budget 
because this is a federally-funded program.
- LOCAL GOVERNMENTS:  There will be no costs or savings to local government 
as this is a federally-funded program.
- SMALL BUSINESSES:  There will be no costs to small businesses to comply 
with these changes because this is a federally-funded program.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no costs of any persons to comply with these changes 
because there are no costs or fees associated with these proposed changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs 
associated with these changes for any persons because this is a federally-
funded program and there are no fees or costs associated with these proposed 
changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no compliance costs associated with this change.  
There are no fees associated with this change.  There will be no cost to 
anyone to comply with these changes.  There will be 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 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by 
Internet E-mail at spixton@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32910.htm




4.  NOTICES OF CHANGES IN PROPOSED RULES

After an agency has published a Proposed Rule in the Utah State Bulletin, it 
may receive public comment that requires the Proposed Rule to be altered 
before it goes into effect.  A Change in Proposed Rule allows an agency to 
respond to comments it receives. 

While the law does not designate a comment period for a Change in Proposed 
Rule, it does provide for a 30-day waiting period.  An agency may accept 
additional comments during this period, and, at its option, may designate a 
comment period or may hold a public hearing.  The 30-day waiting period for 
Changes in Proposed Rules published in Utah State Bulletin ends October 15, 
2009.

From the end of the 30-day waiting period through January 13, 2010, an agency 
may notify the Division of Administrative Rules that it wants to make the 
Change in Proposed Rule effective.  When an agency submits a Notice of 
Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by 
the Change in Proposed Rule becomes the effective rule.  The agency sets the 
effective date.  The date may be no fewer than 30 days nor more than 120 days 
after the publication of the Change in Proposed Rule.  If the agency 
designates a public comment period, the effective date may be no fewer than 
seven calendar days after the close of the public comment period nor more 
than 120 days after the publication date.  Alternatively, the agency may file 
another Change in Proposed Rule in response to additional comments received.  
If the Division of Administrative Rules does not receive a Notice of 
Effective Date or another Change in Proposed Rule by the end of the 120-day 
period after publication, the Change in Proposed Rule filings, along with its 
associated Proposed Rule, lapses and the agency must start the process over. 

Changes in Proposed Rules are governed by Section 63G-3-303; Rule R15-2; and 
Sections R15-4-3, R15-4-5, R15-4-7, and R15-4-9.


COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 32711 (Change in Proposed Rule): R156-16a. Optometry Practice Act Rules.
SUMMARY OF THE RULE OR CHANGE:  In Subsection R156-16a-304(3), added that the 
continuing education which may come from the Division of Occupational and 
Professional is for training regarding the use of the Utah Controlled 
Substance Database.  (DAR NOTE:  This change in proposed rule has been filed 
to make additional changes to a proposed amendment that was published in the 
July 1, 2009, issue of the Utah State Bulletin, on page 15.  Underlining in 
the rule below indicates text that has been added since the publication of 
the proposed rule mentioned above; strike out indicates text that has been 
deleted.  You must view the change in proposed rule and the proposed 
amendment together to understand all of the changes that will be enforceable 
should the agency make this rule effective.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No additional costs or savings beyond those identified 
in the original proposed rule amendment filing are anticipated.
- LOCAL GOVERNMENTS:  The additional proposed amendment only applies to 
licensed optometrists.  As a result, the additional proposed amendment does 
not apply to local governments.
- SMALL BUSINESSES:  No additional costs or savings beyond those identified 
in the original proposed rule amendment filing are anticipated for small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No additional costs or savings beyond those identified in the 
original proposed rule amendment filing are anticipated for other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No additional costs or savings beyond 
those identified in the original proposed rule amendment filing are 
anticipated.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing clarifies that the Division may provide a 
maximum of two hours of continuing education relating to the controlled 
substance database.  No fiscal impact to businesses is anticipated from this 
clarification.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Clyde Ormond by phone at 801-530-6254, by FAX at 801-530-6511, or by 
Internet E-mail at cormond@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32711.htm

No. 32717 (Change in Proposed Rule): R156-55b-302a. Qualifications for 
Licensure - Education and Experience Requirements.
SUMMARY OF THE RULE OR CHANGE:  In Subsections R156-55b-302a(1)(a) and 
(2)(a), the word "curriculum" is replaced with "program".  Also added in both 
subsections that programs approved by the Electricians Licensing Board prior 
to January 1, 2009, remain approved programs.  (DAR NOTE:  This change in 
proposed rule has been filed to make additional changes to a proposed 
amendment that was published in the July 1, 2009, issue of the Utah State 
Bulletin, on page 22.  Underlining in the rule below indicates text that has 
been added since the publication of the proposed rule mentioned above; strike 
out indicates text that has been deleted.  You must view the change in 
proposed rule and the proposed amendment together to understand all of the 
changes that will be enforceable should the agency make this rule effective.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No additional costs or savings beyond those identified 
in the original proposed rule amendment filing are anticipated.
- LOCAL GOVERNMENTS:  These additional proposed amendments only apply to 
licensed electrician classifications and applicants for licensure in those 
classifications.  As a result, these additional proposed amendments do not 
apply to local governments.
- SMALL BUSINESSES:  No additional costs or savings beyond those identified 
in the original proposed rule amendment filing are anticipated for either 
small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No additional costs or savings beyond those identified in the 
original proposed rule amendment filing are anticipated for other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No additional costs or savings beyond 
those identified in the original proposed rule amendment filing are 
anticipated.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No fiscal impact to businesses is anticipated from the minor 
amendments in this change to proposed rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2009
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Dennis Meservy by phone at 801-530-6375, by FAX at 801-530-6511, or by 
Internet E-mail at dmeservy@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32717.htm




5.  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 remove obsolete rules from the Utah Administrative Code.  Upon 
reviewing a rule, an agency may:  repeal the rule by filing a Proposed Rule; 
continue the rule as it is by filing a Notice of Review and Statement of 
Continuation (Notice); or amend the rule by filing a Proposed Rule and by 
filing a Notice.  By filing a Notice, the agency indicates that the rule is 
still necessary. 

The rule text that is being continued may be found in the most recent edition 
of the Utah Administrative Code.  The rule text may also be inspected at the 
agency or the Division of Administrative Rules.  Notices are effective upon 
filing.  

Notices are governed by Section 63G-3-305.


COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 32911 (5-year Review): R156-60a. Social Worker Licensing Act Rules.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure as allowed under statutory 
authority provided in Title 58, Chapter 60, Part 2, with respect to the 
classifications of social workers.  The rule should also be continued as it  
provides information to ensure applicants for licensure are adequately 
trained and meet minimum licensure requirements.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rich Oborn by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet 
E-mail at roborn@utah.gov
EFFECTIVE:  08/31/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32911.htm

No. 32912 (5-year Review): R156-60b. Marriage and Family Therapist Licensing 
Act Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure as allowed under statutory 
authority provided in Title 58, Chapter 60, Part 3, with respect to marriage 
and family therapists.  The rule should also be continued as it  provides 
information to ensure applicants for licensure are adequately trained and 
meet minimum licensure requirements.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rich Oborn by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet 
E-mail at roborn@utah.gov
EFFECTIVE:  08/31/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32912.htm



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 32894 (5-year Review): R414-501. Preadmission and Continued Stay Review.
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 because it outlines provisions for preadmission 
authorization and continued stay reviews.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kimi McNutt by phone at 801-538-6381, by FAX at 801-538-6099, or by 
Internet E-mail at kmcnutt@utah.gov
EFFECTIVE:  08/20/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32894.htm

No. 32902 (5-year Review): R414-502. Nursing Facility Levels of Care.
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 because it outlines the criteria for nursing facility 
care and appropriate levels of care.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kimi McNutt by phone at 801-538-6381, by FAX at 801-538-6099, or by 
Internet E-mail at kmcnutt@utah.gov
EFFECTIVE:  08/27/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32902.htm

No. 32895 (5-year Review): R414-503. Preadmission Screening and Annual 
Resident Review.
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 because it outlines provisions for preadmission 
screening and annual resident review.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kimi McNutt by phone at 801-538-6381, by FAX at 801-538-6099, or by 
Internet E-mail at kmcnutt@utah.gov
EFFECTIVE:  08/20/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32895.htm


HEALTH SYSTEMS IMPROVEMENT, LICENSING
No. 32915 (5-year Review): R432-32. Licensing Exemption for Non-Profit 
Volunteer End-of-Life Care.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
There is one facility in the state which meets the definition of exemption 
from licensing listed in this rule.  There is still a need for this rule to 
maintain the exemption for this facility.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Joel Hoffman, or by Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  08/31/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32915.htm



HUMAN SERVICES
SERVICES FOR PEOPLE WITH DISABILITIES
No. 32889 (5-year Review): R539-2. Service Coordination.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Division must have standards for the service system for people with 
disabilities, including planning, developing, and managing an array of 
services as required by Subsection 62A-5-103(1).  Therefore, this rule should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steven Bradford by phone at 801-538-4197, by FAX at 801-538-4279, or by 
Internet E-mail at sbradford@utah.gov
EFFECTIVE:  08/17/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32889.htm

No. 32888 (5-year Review): R539-3. Rights and Protections.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Division must have procedures and standards to protect the rights of 
persons with disabilities who apply for or receive Division services as 
required by Subsection 62A-5-103(2)(b).  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steven Bradford by phone at 801-538-4197, by FAX at 801-538-4279, or by 
Internet E-mail at sbradford@utah.gov
EFFECTIVE:  08/17/2009
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2009/20090915/32888.htm




6.  NOTICES OF RULE EFFECTIVE DATES

After a Proposed Rule or a Change in Proposed Rule has been published, and 
after any comment period has ended, the agency promulgating the rule may 
notify the Division of Administrative Rules of the effective date for the 
rule.  Statute permits an agency to make a rule effective "on any date 
specified by the agency that is no fewer than seven calendar days after the 
close of the public comment period . . . , nor more than 120 days after the 
publication date."  If the agency has not designated a comment period for a 
Change in Proposed Rule, the agency may make that Change in Proposed Rule 
effective on the 30th day following publication.  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 and the agency must 
start the rulemaking process over.

Notices of Effective Date are governed by Subsection 63G-3-301(9), and 
Section R15-4-5.


COMMERCE
CONSUMER PROTECTION
No. 32687 (AMD): R152-11-12. Negative Options
Published: 06/15/2009
Effective: 08/19/2009


OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 32757  (AMD): R156-56.  Utah Uniform Building Standard Act Rules
Published:  07/15/2009
Effective:  08/24/2009

No. 32754  (AMD): R156-60d.  Substance Abuse Counselor Act Rule
Published:  07/15/2009
Effective:  08/24/2009

No. 32753  (AMD): R156-73.  Chiropractic Physician Practice Act Rules
Published:  07/15/2009
Effective:  08/24/2009

No. 32770  (NEW): R156-80.  Medical Language Interpreter Act Rule
Published:  07/15/2009
Effective:  08/24/2009


REAL ESTATE
No. 32767  (AMD): R162-3-6.  Renewal and Reinstatement
Published:  07/15/2009
Effective:  08/21/2009

No. 32765  (AMD): R162-4-4.  Written Instructions for Commission Distribution 
by Title Insurance Agent
Published:  07/15/2009
Effective:  08/21/2009

No. 32766  (AMD): R162-9-2.  Determining Fitness for Course Certification
Published:  07/15/2009
Effective:  08/21/2009



ENVIRONMENTAL QUALITY
SOLID AND HAZARDOUS WASTE
No. 32726 (AMD): R315-15-13. Registration and Permitting
of Used Oil Handlers
Published: 07/01/2009
Effective: 09/01/2009



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 32745  (AMD): R414-302-1.  Citizenship and Alienage
Published:  07/15/2009
Effective:  09/01/2009

No. 32747  (AMD): R414-303-11.  Prenatal and Newborn Medicaid
Published:  07/15/2009
Effective:  09/01/2009

No. 32750  (AMD): R414-310.  Medicaid Primary Care Network Demonstration 
Waiver
Published:  07/15/2009
Effective:  09/01/2009

No. 32752  (AMD): R414-320.  Medicaid Health Insurance Flexibility and 
Accountability Demonstration Waiver
Published:  07/15/2009
Effective:  09/01/2009

No. 32748  (AMD): R414-502-8.  Criteria for Intermediate Care Facility for 
the Mentally Retarded
Published:  07/15/2009
Effective:  08/27/2009


HEALTH SYSTEMS IMPROVEMENT, CHILD CARE LICENSING
No. 32716 (NEW): R430-70. Out of School Time Child Care
Programs
Published: 07/01/2009
Effective: 10/01/2009


LABOR COMMISSION
ADJUDICATION
No. 32764  (AMD): R602-2-3.  Compensation for Medical Panel Services
Published:  07/15/2009
Effective:  08/24/2009



PUBLIC SAFETY
ADMINISTRATION
No. 32741  (NEW): R698-5.  Hazardous Chemical Emergency Response Commission
Published:  07/15/2009
Effective:  08/26/2009



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 32781  (AMD): R986-200-215.  Family Employment Program Two Parent 
Household (FEPTP)
Published:  07/15/2009
Effective:  08/26/2009

No. 32780  (AMD): R986-300-303.  Eligibility, Income Standards, and Amount of 
Assistance
Published:  07/15/2009
Effective:  08/26/2009


UNEMPLOYMENT INSURANCE
No. 32782  (AMD): R994-403-118e.  Disqualification Periods if a Claimant 
Fails to Provide Information
Published:  07/15/2009
Effective:  08/26/2009




7.  RULES INDEX

The Rules Index is a cumulative index that reflects all effective Utah 
administrative rules.  The Rules Index is not included Digest.  However, a 
copy of the current Rules Index is available 
http://www.rules.utah.gov/research.htm .


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