Utah State Digest, Vol. 2009, No. 19 (October 1, 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.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed September 2, 2009, 12:00 AM through September 15, 2009, 11:59 PM Volume 2009, No. 19 October 1, 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. EDITOR'S NOTES Problem With Effective Date Introductory Language - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-538-1773, or by Internet E-mail at nllancaster@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/ed148894.htm 2. SPECIAL NOTICES Proposed Building Codes and Amendments under Utah Uniform Building Standards Act - Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/sn148889.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 September 2, 2009, 12:00 a.m., and September 15, 2009, 11:59 p.m. are summarized in this, the October 1, 2009, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the October 1, 2009, issue of the Utah State Bulletin until at least November 2, 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 29, 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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 32974 (Amendment): R156-55a. Utah Construction Trades Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R156-55a-301 clarifies what other classifications can perform radon mitigation and under what circumstances and adds the S354 classification for radon mitigation. Subsections R156-55a- 302b(5) and (7) identify the requirements to obtain the S354 radon mitigation classification of licensure. Section R156-55a-303b amends the continuing education rule to allow for reporting of continuing education through Utah Interactive and approval of courses by the Division. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The addition of the radon mitigation contractor requirements has no effect on the state budget other than republishing the rule. The Division will incur minimal costs of approximately $100 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. The change to Utah Interactive as the continuing education registry will not affect the state budget and any additional costs of approval of courses will be absorbed in the Division's current budget. Utah Interactive will charge a fee for their services directly to the licensees and continuing education providers. - LOCAL GOVERNMENTS: The proposed amendments only apply to licensed contractors and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The addition of radon mitigation contractor will not affect small business beyond the costs already anticipated as a result of the enactment of S.B. 163. The change to Utah Interactive as the continuing education registry may result in minor savings to contractor licensees because the fees Utah Interactive will charge is anticipated to be lower than the fees being charged by the current continuing education registries. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The addition of radon mitigation contractor will not affect other persons beyond the costs already anticipated as a result of the enactment of S.B. 163. The change to Utah Interactive as the continuing education registry may result in minor savings to contractor licensees because the fees Utah Interactive will charge are anticipated to be lower than the fees being charged by the current continuing education registries. The Division however is unable to determine exact savings due to the fact that Utah Interactive fees are not presently known at this time. COMPLIANCE COSTS FOR AFFECTED PERSONS: The addition of radon mitigation contractor will not affect persons beyond the costs already anticipated as a result of the enactment of S.B. 163. The change to Utah Interactive as the continuing education registry may result in minor savings to contractor licensees because the fees Utah Interactive will charge are anticipated to be lower than the fees being charged by the current continuing education registries. The Division however is unable to determine exact savings due to the fact that Utah Interactive fees are not presently known at this time. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is updated to meet recent statutory changes which require radon mitigation service providers to be licensed contractors. It also allows the Division to designate a continuing education registry and establishes standards for the registry. No fiscal impact to businesses is anticipated beyond those addressed by statutory change. As summarized in the rule filing, there may be some cost savings to licensees due to the designation of a continuing education registry. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/28/2009 08:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32974.htm No. 32973 (Amendment): R156-60b. Marriage and Family Therapist Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Throughout the rule the term "Division" has been capitalized where applicable. Also statutory and rule citations have been updated throughout the rule. In Section R156-60b-302a, the proposed amendments delete the reference to 07/01/2002 as this date has passed and it is no longer applicable, make stylistic changes and clarify the clinical practicum course requirement by adding the terms "direct contact" and "face to face". Subsection R156-60b-302a(2) is being deleted as it is no longer applicable. In Subsection R156-60b-302d(3), the proposed amendment deletes the reference to 01/01/2009 as this date has passed and it is no longer applicable. Subsection R156-60b-302d(4) is being added to clarify how supervisor requirements in Subsection R156-60b-302d(3) should be enforced. This proposed addition allows for the possibility of applicants gathering hours under requirements in place prior to 12/31/2008 to get credit for their hours if they apply for a license prior to 01/01/2010. Throughout Section R156-60b-304, the terms "qualified professional education" and "professional education" have been changed to "continuing education" and other stylistic changes have been made throughout this section. In Subsection R156-60b- 304(2), the proposed amendment replaces September 30 with October 1 because the renewal period actually begins on October 1. The proposed amendment also adds the continuing education requirement of completing at least six hours in ethics/law, of which at least three hours must be directly related to marriage and family therapy. This proposed additional requirement will help therapists be more aware of the laws and ethics that apply to their professional practice. In Subsection R156-60b-304(5), the proposed amendments clarify what entities may approve, sponsor, or conduct continuing education. The proposed amendments also limit the number of clinical readings, internet, or distance learning courses to a maximum of ten hours and adds the Division of Occupational and Professional Licensing as an approved provider for continuing education. 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 marriage and family therapists 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 marriage and family therapists 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: As a result of the proposed amendment requiring completion of six hours of continuing education in law/ethics, licensed marriage and family therapists may see either a minimal increase or possible decrease in continuing education costs as courses on this subject may cost more or less than current courses. The Division is unable to determine any exact amount of an increase or decrease in costs to obtain the law/ethics continuing education hours. As a result of the proposed amendment which adds the Division of Occupational and Professional Licensing as an approved continuing education provider, licensees will have an additional option with respect to obtaining continuing education hours. Licensed marriage and family therapists may see minimal savings in continuing education costs as a result of the Division now providing continuing education training for the profession up to a maximum of two hours in each two year period. However, any exact amount of savings is unable to be determined. COMPLIANCE COSTS FOR AFFECTED PERSONS: As a result of the proposed amendment requiring completion of six hours of continuing education in law/ethics, licensed marriage and family therapists may see either a minimal increase or possible decrease in continuing education costs as courses on this subject may cost more or less than current courses. The Division is unable to determine any exact amount of an increase or decrease in costs to obtain the law/ethics continuing education hours. As a result of the proposed amendment which adds the Division of Occupational and Professional Licensing as an approved continuing education provider, licensees will have an additional option with respect to obtaining continuing education hours. Licensed marriage and family therapists may see minimal savings in continuing education costs as a result of the Division now providing continuing education training for the profession up to a maximum of two hours in each two year period. However, any exact amount of savings is unable to be determined. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing removes outdated provisions, changes the continuing education reporting period to become consistent with license renewal dates, includes the Division as a provider of continuing education, requires six hours of such education to be in ethics and makes other technical amendments. No fiscal impact to businesses is anticipated from these changes beyond those addressed in the rule filing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 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: - 10/14/2009 09:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 210 (second floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32973.htm REAL ESTATE No. 32956 (Amendment): R162-150. Appraisal Management Companies. SUMMARY OF THE RULE OR CHANGE: The first change clarifies that, for AMC (appraisal management company) registration, AMC employees who select appraisers for an AMC must have "taken and passed" the 15-hour Uniform Standards of Professional Appraisal Practice (USPAP) course, not "received" it. The second clarifies that, for AMC renewal, these employees must have "completed" the 7-hour USPAP course, not "received" it. The third change prohibits an AMC from making its fee contingent on a favorable outcome. The final change prohibits an AMC from requesting, for the purpose of a mortgage loan transaction, any estimation of price or value that does not qualify as an appraisal. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In clarifying the language of the rule and expanding examples of unprofessional conduct, these changes will have no effect on the state budget. - LOCAL GOVERNMENTS: In clarifying the language of the rule and expanding examples of unprofessional conduct, these changes will have no financial effects for local governments. - SMALL BUSINESSES: In clarifying the language of the rule and expanding examples of unprofessional conduct, these changes will have no financial effects for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In clarifying the language of the rule and expanding examples of unprofessional conduct, these changes will have no financial effects for other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply with the employee qualifications section, affected persons must take and pay for certain USPAP courses. These costs were imposed when the rule was originally promulgated; the change in language imposes no new compliance costs. To comply with the unprofessional conduct section, affected persons must refrain from the prohibited behavior as specified. There are no associated compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This filing clarifies existing provisions and establishes an additional unprofessional conduct standard. No fiscal impact to businesses is anticipated beyond those addressed in the rule filing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at jjonsson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32956.htm COMMUNITY AND CULTURE ARTS AND MUSEUMS No. 32949 (New Rule): R207-3. Capital Funds Request Prioritization. SUMMARY OF THE RULE OR CHANGE: This rule establishes submission requirements and review criteria related to applications for prioritization of requests for state financial assistance for capital facility projects. Prioritization is not a guarantee of funding. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Anticipated costs to the state budget include staff review of grant applications, copies of documentation for board review and costs associated with regular board meetings. As this is the first year of the program, the Division of Arts and Museums has no data upon which to base an estimate of how many applications will be received and reviewed. It is anticipated each application will require about two hours of staff time for processing, review, and analysis. - LOCAL GOVERNMENTS: If a local government is an applicant, it will incur costs associated with the application process. Gathering necessary information and entering that information in the online grant application form will require staff or volunteer time. However, as this is the first year of the process, the Division of Arts and Museums has no data upon which to base an estimate of how much local government staff time will be required to complete an application. Applicants will likely already have the information required on the application and will copy such information into the division form. - SMALL BUSINESSES: If a small business is an applicant, it will incur costs associated with the application process. Gathering necessary information and entering that information in the online grant application form will require staff or volunteer time. However, as this is the first year of the process, the Division of Arts and Museums has no data upon which to base an estimate of how much staff time will be required to complete an application. Applicants will likely already have the information required on the application and will copy such information into the division form. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: If a non-profit or community organization is an applicant, it will incur costs associated with the application process. Gathering necessary information and entering that information in the online grant application form will require staff or volunteer time. However, as this is the first year of the process, the Division of Arts and Museums has no data upon which to base an estimate of how much staff time will be required to complete an application. Applicants will likely already have the information required on the application and will copy such information into the division form. COMPLIANCE COSTS FOR AFFECTED PERSONS: Gathering necessary information and entering that information in the online grant application form will require time on the part of affected persons. However, as this is the first year of the process, the Division of Arts and Museums has no data upon which to base an estimate of how many applications will be completed by eligible applicants. Applicants will likely already have the information required on the application and will copy such information into the division form. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: While it is not anticipated businesses will apply for capital facility assistance request prioritization, the only time they will incur a cost is if they apply and have related staff time spent on the application. As this is the first year of the process, the department has no data upon which to base an estimate of how much staff time will be required to complete an application. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Lynnette Hiskey by phone at 801-236-7552, by FAX at 801-236-7556, or by Internet E-mail at lhiskey@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32949.htm HISTORY No. 32939 (New Rule): R212-13. Capital Funds Request Prioritization. SUMMARY OF THE RULE OR CHANGE: This rule establishes submission requirements and review criteria related to applications for prioritization of requests for state financial assistance for capital facility projects. Prioritization is not a guarantee of funding. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Anticipated costs to the state budget include staff review of grant applications, copies of documentation for board review, and costs associated with regular board meetings. As this is the first year of the program, the Division of State History has no data upon which to base an estimate of how many applications will be received and reviewed. It is anticipated each application will require 10 hours of staff time for processing, review, and analysis. - LOCAL GOVERNMENTS: If a local government is an applicant, it will incur costs associated with the application process. Gathering necessary information and entering that information in the online grant application form will require staff or volunteer time. However, as this is the first year of the process, the Division of State History has no data upon which to base an estimate of how much local government staff time will be required to complete an application. Applicants will likely already have the information required on the application and will copy such information into the division form. - SMALL BUSINESSES: If a small business is an applicant, it will incur costs associated with the application process. Gathering necessary information and entering that information in the online grant application form will require staff or volunteer time. However, as this is the first year of the process, the Division of State History has no data upon which to base an estimate of how much staff time will be required to complete an application. Applicants will likely already have the information required on the application and will copy such information into the division form. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: If a non-profit or community organization is an applicant, it will incur costs associated with the application process. Gathering necessary information and entering that information in the online grant application form will require staff or volunteer time. However, as this is the first year of the process, the Division of State History has no data upon which to base an estimate of how much staff time will be required to complete an application. Applicants will likely already have the information required on the application and will copy such information into the division form. COMPLIANCE COSTS FOR AFFECTED PERSONS: Gathering necessary information and entering that information in the online grant application form will require time on the part of affected persons. However, as this is the first year of the process, the Division of State History has no data upon which to base an estimate of how many applications will be completed by eligible applicants. Applicants will likely already have the information required on the application and will copy such information into the division form. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: While it is not anticipated businesses will apply for capital facility assistance request prioritization, the only time they will incur a cost is if they apply and have related staff time spent on the application. As this is the first year of the process, the department has no data upon which to base an estimate of how much staff time will be required to complete an application. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Wilson Martin by phone at 801-533-3552, by FAX at 801-533-3567, or by Internet E-mail at wmartin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32939.htm LIBRARY No. 32936 (New Rule): R223-3. Capital Funds Request Prioritization. SUMMARY OF THE RULE OR CHANGE: This rule implements the provisions of Section 9-7-205, as amended by H.B. 236 2009 General Session, by establishing submission requirements and review criteria related to applications for capital facilities grants. (DAR NOTE: H.B. 236 (2009) is found at Chapter 62, Laws of Utah 2009, and was effective 05/12/2009.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: State Library Division: potential cost may approximate 100 man-hours = $3,000 - LOCAL GOVERNMENTS: Local Library Staff potential cost may approximate 5 man-hours per agency = $600. Other Agencies: Local legal representative (i.e., city or county attorney) potential cost may approximate 5 man-hours per agency = $1,250 - SMALL BUSINESSES: Small Business potential costs may approximate 5 man- hours = $500 - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Only municipal and county libraries may apply to the State Library Division for capital facilities grants. Therefore, this rule does not apply to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since this capital facilities grant applicant program is new, directed impact on participants is difficult to determine. However, tasks required to complete a grant application form include, but are not necessarily limited to: expend time answering questions on the form related to the specific capital project in terms of basic applicant information; project details including plan of work and supplies; labor costs; and funding sources. Total time to complete the application form by just the applicant may approximate 5 man-hours. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The cost of compliance with the new rule is in terms of man- hours of labor for the State Library Division, and local library staff required to review and prepare the documentation for compliance with the rule. Participation in this grant program is voluntary; therefore compliance costs are not mandated by the state statute upon any agency or entity, except the State Library Division, and Department of Community and Culture, thus there is no directed impact on private businesses resulting from this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Stephen Matthews by phone at 801-715-6722, by FAX at 801-715-6767, or by Internet E-mail at smatthews@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32936.htm EDUCATION ADMINISTRATION No. 32979 (Amendment): R277-470. Charter Schools. SUMMARY OF THE RULE OR CHANGE: The amended rule changes definitions, removes language on parental involvement, adds language that requires charter schools to be accredited, and provides clarification about time lines. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget for the procedural changes to the rule. Costs associated with accreditation will be incurred by charter schools. - LOCAL GOVERNMENTS: There will be a cost to each charter school that is not currently accredited in the amount of a $100 registration fee, plus a yearly fee of $350 for each elementary charter school, $450 for each secondary charter school, and $0.17 per student paid to NAAS as a result of this new requirement. Approximately 20 charter schools are currently not accredited. There are no anticipated costs or savings associated with other procedural changes in the rule. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The change related to public charter 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 than small businesses, businesses, or local government entities. The changes are procedural and relate to charter schools and do not require anything of individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: Charter schools not currently accredited will need to become accredited. There will be a cost to each charter school that is not currently accredited in the amount of $100 registration fee, plus a yearly fee of $350 for each elementary charter school, $450 for each secondary charter school, and $0.17 per student paid to NAAS as a result of this new requirement. 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 11/02/2009 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: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32979.htm No. 32980 (Amendment): R277-704-3. Financial and Economic Literacy Student Passport. SUMMARY OF THE RULE OR CHANGE: The amended rule provides additional language in Section R277-704-3 regarding the financial and economic literacy passport and about post-secondary education savings options. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. New requirements requiring Utah State Office of Education responsibilities will be covered by existing staff within existing budget. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. Financial and economic litercy passports have been required. New requirements are nominal and costs, if any, will be covered by existing public school staff within existing budget. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. This rule and amendment 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 than small businesses, businesses, or local government entities. Financial and economic literacy passports and information about post-secondary education savings will be provided to parents/guardians and students during kindergarten enrollment at no cost to parents/guardians and students. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. Costs for public schools to provide financial and economic literacy student passports and information about post-secondary education savings options during kindergarten enrollment is nominal. 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 11/02/2009 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: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32980.htm No. 32981 (Amendment): R277-733. Adult Education Programs. SUMMARY OF THE RULE OR CHANGE: The amendments remove a definition, and provide language in Section R277-733-8 to make the rule consistent with federal laws and regulations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The amendments to the rule merely make it consistent with federal laws and regulations. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. A student with disabilities entitled to a free appropriation public education will continue to be educated, consistent with federal laws and regulations, until the student has graduated with a regular high school diploma or has reached the maximum age limit of twenty-two years. Costs to local education agencies are reimbursable from the federal government. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. This rule and the amendment 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 than small businesses, businesses, or local government entities. Students with disabilities will be provided with a free appropriate public education until the student has graduated with a regular high school diploma or has reached the maximum age limit of twenty-two years. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. School districts and schools will continue to provide students with disabilities a free appropriate public education until the student has graduated with a regular high school diploma or has reached the maximum age limit of twenty-two years. 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 11/02/2009 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: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32981.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 32958 (Amendment): R307-101-2. Definitions. SUMMARY OF THE RULE OR CHANGE: The definition of "PM2.5" is being added to Section R307-101-2. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This revisions dose not create new requirements, no change in costs is expected for the state budget. - LOCAL GOVERNMENTS: This revision does not create new requirements, no change in costs is expected for local governments. - SMALL BUSINESSES: This revision does not create new requirements, no change in costs is expected for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This revision does not create new requirements, no change in costs is expected for other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this revision does not create new requirements, no change in costs is expected for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment does not create new requirements. Therefore, no additional costs are expected. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kimberly Kreykes by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at kkreykes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/02/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32958.htm DRINKING WATER No. 32978 (New Rule): R309-511. Hydraulic Modeling Requirements. SUMMARY OF THE RULE OR CHANGE: This new rule requires community and non- transient, non-community public water systems to evaluate their systems with a hydraulic model when they have projects which may adversely impact flow, pressure, or water quality. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is estimated that it will require 500 hours of time per year by state engineers to review the hydraulic models and reports that will be submitted to the Division of Drinking Water. At a cost of approximately $40 per hour, with benefits, for an engineer's time, the estimated cost is $20,000 per year. - LOCAL GOVERNMENTS: None--This new rule should not add any additional cost to local government, unless the local government owns and operates a public drinking water system. In that case, the local government becomes a part of the regulated community and the cost impact is estimated below in "Compliance costs for affected persons". - SMALL BUSINESSES: None--This new rule should not add additional cost to the operations of a small business. It will not increase workload or require additional personnel or funds from small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This new rule should not add any additional cost to persons other than small businesses, businesses, or local government entities, unless the person owns and operates a public drinking water system. In that case, the person becomes a part of the regulated community and the cost impact is estimated below in "Compliance costs for affected persons". COMPLIANCE COSTS FOR AFFECTED PERSONS: There are 533 active community and non-transient, non-community public drinking water systems in the state which will be affected by this new rule. A survey was made of engineering firms to estimate the cost to prepare a hydraulic model and the associated reports: Very Small System (fewer than 500 people), $16,060; Small System (500 to 3,300 people), $26,550; Medium System (3,300 to 10,000 people), $55,800; Large System (10,000 to 100,000 people), $101,600; Very Large System (more than 100,000 people), $225,000. Many of the larger system already have hydraulic models. Future projects after the initial model has been prepared will only require the model to be updated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department acknowledges the cost impact on water systems with this new rule. There should be little to no other detrimental impact on existing water systems or to new public water systems. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bob Hart by phone at 801-536-0054, by FAX at 801-536-4211, or by Internet E-mail at bhart@utah.gov - Ying-Ying Macauley by phone at 801-536-4188, by FAX at 801-536-4211, or by Internet E-mail at ymacauley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/14/2009 01:00 PM, Price River Water Improvement District, 265 S Fairgrounds Road, Price, UT - 10/19/2009 01:00 PM, Cedar City Public Library, 303 N 100 E, Cedar City, UT - 10/22/2009 01:00 PM, Division of Drinking Water, 150 N 1950 W, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/16/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32978.htm SOLID AND HAZARDOUS WASTE No. 32966 (Amendment): R315-1-1. Definitions. SUMMARY OF THE RULE OR CHANGE: This proposed rule change adopts the federal definition of "gasification" into the state hazardous waste rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no additional costs or savings for the state budget beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - LOCAL GOVERNMENTS: There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - SMALL BUSINESSES: There are no additional costs or savings for small businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no additional costs or savings beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Toronto by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/15/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32966.htm No. 32967 (Amendment): R315-2. General Requirements - Identification and Listing of Hazardous Waste. SUMMARY OF THE RULE OR CHANGE: This proposed rule change amends an existing exclusion to the definition of solid waste that applies to oil-bearing hazardous secondary materials generated at a petroleum refinery when these materials are recycled by inserting them back into the petroleum refining process and certain other conditions are met. This rule change expands the exclusion from the definition of solid waste of fuels to include certain hazardous secondary materials called "emission comparable fuel". Finally, this rule change establishes an alternative set of generator requirements applicable to laboratories owned by eligible academic entities and addresses the specific nature of hazardous waste generation and accumulation in these laboratories. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no additional costs or savings for state agencies beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - LOCAL GOVERNMENTS: There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - SMALL BUSINESSES: There are no additional costs or savings for small businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no additional costs or savings beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Toronto by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/15/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32967.htm No. 32968 (Amendment): R315-5. Hazardous Waste Generator Requirements. SUMMARY OF THE RULE OR CHANGE: This proposed rule change establishes an alternative set of generator requirements applicable to laboratories owned by eligible academic entities that address the specific nature of hazardous waste generation and accumulation in these laboratories. The proposed change also requires that manifests provide all information that federal regulations require manifests to contain. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no additional costs or savings for the state government beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - LOCAL GOVERNMENTS: There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - SMALL BUSINESSES: There are no additional costs or savings for small businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no additional costs or savings for persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Toronto by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/15/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32968.htm No. 32969 (Amendment): R315-8. Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies compliance monitoring provisions and corrects typographical errors and omissions from a previous rule published by EPA in the Federal Register on 10/12/2005. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no additional costs or savings for the state budget beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - LOCAL GOVERNMENTS: There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - SMALL BUSINESSES: There are no additional costs or savings for small businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no additional costs or savings for other persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Toronto by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/15/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32969.htm No. 32970 (Amendment): R315-13-1. Land Disposal Restrictions. SUMMARY OF THE RULE OR CHANGE: This rule change defers the requirements that polychlorinated biphenyls (PCBs) be considered a constituent subject to treatment (CST) when they are present in soils that exhibit the Toxicity Characteristic for metals. Generators are still required to treat contaminated soils to meet land disposal restrictions (LDR) standards for all hazardous constituents except PCBs. Generators also are required to treat PCBs if the total concentration of halogenated organic compounds in the soil equals or exceeds 1,000 parts per million. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no additional costs or savings for the state budget beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - LOCAL GOVERNMENTS: There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - SMALL BUSINESSES: There are no additional costs or savings for small businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no additional costs or savings for other persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Toronto by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/15/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32970.htm No. 32971 (Amendment): R315-14-7. Hazardous Waste Burned in Boilers and Industrial Furnaces. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies several compliance and monitoring provisions. It also corrects several omissions and typographical errors in amendments EPA made to the national emission standards for hazardous air pollutants for hazardous waste combustors which were promulgated on 10/12/2005. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no additional costs or savings for the state budget beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - LOCAL GOVERNMENTS: There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - SMALL BUSINESSES: There are no additional costs or savings for small businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no additional costs or savings for other persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Toronto by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/15/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32971.htm No. 32972 (Amendment): R315-50-1. Instructions for Completion of Uniform Hazardous Waste Manifest. SUMMARY OF THE RULE OR CHANGE: This rule change eliminates instructions for completion of a manifest form. The requirements for this information are now incorporated by reference from the federal regulations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no additional costs or savings for the state budget beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - LOCAL GOVERNMENTS: There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - SMALL BUSINESSES: There are no additional costs or savings for small businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no additional costs or savings for other persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Toronto by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/15/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32972.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32977 (Amendment): R414-31-3. Program Access Requirements. SUMMARY OF THE RULE OR CHANGE: This change removes the word "or" to clarify that a physician must certify a recipient's need for inpatient treatment under the direction of a physician. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies ongoing certification requirements for inpatient psychiatric services. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund or provide psychiatric services for Medicaid clients. - SMALL BUSINESSES: There is no impact to small businesses because this change only clarifies ongoing certification requirements for inpatient psychiatric services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to persons other than small businesses, businesses, or local government entities because this change only clarifies ongoing certification requirements for inpatient psychiatric services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single person or entity because this change only clarifies ongoing certification requirements for inpatient psychiatric services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be no fiscal impact. Physician certification for this service has always been required and the rule change does not change that requirement. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 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: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32977.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 32942 (Amendment): R512-302. Out-of-Home Services, Responsibilities Pertaining to an Out-of-Home Caregiver. SUMMARY OF THE RULE OR CHANGE: The proposed changes to this rule delete the reference to the Foster Care Citizen Review Board, make minor formatting and punctuation changes, and reflect that staff designated by the Department of Human Services or law enforcement will perform investigations of any reports or allegations of abuse or neglect of a child in Out-of-Home Care. 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 11/02/2009 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: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32942.htm RECOVERY SERVICES No. 32953 (Amendment): R527-3. Definitions. SUMMARY OF THE RULE OR CHANGE: Section R527-3-1 was changed to the Authority and Purpose. The subsequent section was renumbered to Section R527-3-2 accordingly. Two new definitions were added to Section R527-3-2 at Subsections R527-3-2(23) and (24). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule has no impact on the state budget and the change to the rule does not create or cause an impact to the state. - LOCAL GOVERNMENTS: Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local governments, because the rules primarily affect the internal procedures of the office. Therefore, there are no anticipated costs or savings for any local government due to this amendment. - SMALL BUSINESSES: Because the rule primarily affects the internal procedures of the office, it does not or has never had any impact on small businesses. The change to the rule does not create or cause an impact to small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because the rule primarily affects the internal procedures of the office, the rule has no impact on any person. The change to the rule does not create or cause an impact to any person. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule has no impact on any person and the change to the rule does not create or cause an impact to any person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule has never had any impact on businesses and the change to the rule does not create or cause an impact to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 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: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32953.htm No. 32952 (Amendment): R527-3. Definitions. SUMMARY OF THE RULE OR CHANGE: The changes delete Section R527-3-1, Authority and Purpose, and the CP (Subsection R527-3-2(23)) and NCP (Subsection R527-3-2(24)) definitions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Amending this rule will have no fiscal impact on the department since it is being put back into effect at the same time, resulting in no lapse or change in rule content. - LOCAL GOVERNMENTS: Amending this rule will not affect local governments since the rule deals solely with internal procedures of the Office of Recovery Services/Child Support Services (ORS/CSS). - SMALL BUSINESSES: Amending this rule will have no fiscal impact on small businesses because it is being put back into effect at the same time, resulting in no lapse or change in rule content. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Amending this rule will have no fiscal impact on other persons because it is being put back into effect at the same time, resulting in no lapse or change in rule content. COMPLIANCE COSTS FOR AFFECTED PERSONS: Amending this rule will have no fiscal impact on individuals, associations, entities, etc., since it will be put back into effect at the same time resulting in no lapse or change in rule content. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Amending this rule will have no fiscal impact on individuals, associations, entities, etc., since another amendment is being filed at the same time to add the information back to the rule resulting in no lapse or change in rule content. Both filings will be put into effect on the same day resulting in no lapse or change in rule content. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 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: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32952.htm No. 32951 (Amendment): R527-201. Medical Support Services. SUMMARY OF THE RULE OR CHANGE: Delete the Subsection R527-201-8(1) and renumber the subsequent subsections in this section. Break out Subsection R527-201-9(9) to add more clarification per Subsection 62A-11-406(9). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There should be a small savings to the state budget because ORS/CSS will no longer adjust the insurance credit on a case when the party providing insurance obtains new insurance and the premium cost is less, making the new insurance credit less than the amount specified in the order. This process can be time consuming as it requires the office to gather information from the party providing insurance, make a mathematical determination as to the new insurance credit amount, adjust the income withholding accordingly, send notices to the employers and custodial parents, and make appropriate adjustment to the office computer system. - LOCAL GOVERNMENTS: Administrative rules of ORS/CSS do not apply to local governments, because the rules primarily affect the internal procedures of the office; therefore, there are no anticipated costs or savings for any local government due to this amendment. - SMALL BUSINESSES: There could be a small savings to small businesses because they will no longer receive and be required to process the amended income withholding orders that are sent as a result of the office determining a new lower insurance credit amount on these type of cases. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There should be no anticipated costs for persons other than business as the changes primarily affect the internal procedures of ORS/CSS and provide clarification to the child support staff. COMPLIANCE COSTS FOR AFFECTED PERSONS: In order for the parents to receive a lower or higher insurance credit on a case where the order has a specific insurance credit amount, the parties must now incur the costs associated with modifying an order. But it is hard to determine how many of these parents will actually modify the order, because some of the parties will choose not to incur the costs and leave the ordered insurance credit amount as is. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The impact to businesses as a result of these changes to this rule should be minimal, because most of the cases with Utah orders already have language that allows ORS/CSS to adjust the insurance credit amount higher or lower as the insurance premium or number of individual covered on a policy changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/02/2009 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: 11/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32951.htm 4. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to 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. EDUCATION ADMINISTRATION No. 32943 (5-year Review): R277-462. Comprehensive Counseling and Guidance Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to provide standards and procedures for school boards to implement SEPs or SEOPs under the Comprehensive Counseling and Guidance Program. Therefore, this rule should be continued. 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 EFFECTIVE: 09/03/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32943.htm No. 32944 (5-year Review): R277-463. Class Size Reporting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Class size reporting continues to be required by and reported to the Utah State Office of Education. The rule provides standards and procedures for reporting class size. Therefore, this rule should be continued. 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 EFFECTIVE: 09/03/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32944.htm No. 32945 (5-year Review): R277-504. Early Childhood, Elementary, Secondary, Special Education (K-12), Communication Disorders, Speech-Language Pathologist and Speech-Language Technician, and Preschool Special Education (Birth-Age 5) Licensure. 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 continues to specify requirements and standards which must be met for licensing areas in these specific areas. Therefore, this rule should be continued. 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 EFFECTIVE: 09/03/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32945.htm No. 32946 (5-year Review): R277-521. Professional Specialist Licensing. 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 continues to be necessary to provide the standards for licensing of professional specialists and administrators. Therefore, this rule should be continued. 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 EFFECTIVE: 09/03/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32946.htm No. 32947 (5-year Review): R277-714. Dissemination of Information About Juvenile Offenders. 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 continues to be necessary because it provides procedures for school districts and charter schools to follow in notifying school personnel of violent offenders in their schools. Therefore, this rule should be continued. 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 EFFECTIVE: 09/03/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32947.htm No. 32948 (5-year Review): R277-760. Flow Through Funds for Students at Risk. 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 continues to be necessary because it provides the standards and procedures to distribute at risk flow-through funds to school districts. Therefore, this rule should be continued. 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 EFFECTIVE: 09/03/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32948.htm HEALTH COMMUNITY AND FAMILY HEALTH SERVICES, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 32957 (5-year Review): R398-1. Newborn Screening. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The department cannot assure the proper testing and follow up of every newborn infant in Utah without establishing by rule the definitions, required tests, testing procedures, responsibilities, timing, and follow up procedures. For these reasons, Rule R398-1 was established and must be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Fay Keune by phone at 801-584-8256, by FAX at 801-536-0966, or by Internet E-mail at fkeune@utah.gov EFFECTIVE: 09/10/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32957.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32955 (5-year Review): R414-90. Diabetes Self-Management Training. 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 diabetes self- management training. 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: 09/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32955.htm No. 32954 (5-year Review): R414-140. Choice of Health Care Delivery Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary because it outlines the Choice of Health Care Delivery Program. 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: 09/09/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32954.htm INSURANCE ADMINISTRATION No. 32975 (5-year Review): R590-67. Proxy Solicitations and Consent and Authorization of Stockholders of Domestic Stock Insurers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Many insurance companies in Utah are stock insurance companies. Stockholders in an insurance company have various rights, which may be assigned to another person via a proxy statement. This rule provides guidance as to the form and content of proxy solicitation made to insurance stockholders. Without this rule, there may be instances where individuals unfairly or covertly obtain a proxy to act on behalf of a stockholder without the stockholder's full or complete knowledge of what is happening. Therefore, this rule should be continued. 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 EFFECTIVE: 09/14/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32975.htm No. 32976 (5-year Review): R590-76. Health Maintenance Organizations and Limited Health Plans. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Health maintenance organizations are major players in our health insurance market. This rule, along with Title 31A, Chapter 8, of the Insurance Code have been developed to ensure the availability, accessibility, and quality of services provided by health maintenance organizations (HMOs); to provide standards for terms and provisions contained in HMO contracts and certificates; to provide standards for determining financial condition; and to provide other standards deemed necessary to protect the interests of the citizens of Utah. Therefore, this rule should be continued. 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 EFFECTIVE: 09/14/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32976.htm No. 32959 (5-year Review): R590-79. Life Insurance Disclosure Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule requires disclosure of basic life policy features specified in Part 4 of Chapter 22 of Title 31A and specifies the format for disclosure. The disclosure informs and assists consumers in understanding the policy they purchase. Therefore, this rule should be continued. 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 EFFECTIVE: 09/10/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32959.htm No. 32960 (5-year Review): R590-83. Unfair Discrimination on the Basis of Sex or Marital Status. 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 in force because it provides important protection to consumers allowing the department to regulate against unfair and discriminatory transactions between insurers and consumers. Repealing this rule could give the impression that the department is not concerned about unfair discrimination based on gender and marital status impairments. 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 EFFECTIVE: 09/10/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32960.htm No. 32961 (5-year Review): R590-127. Rate Filing Exemptions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There are four key reasons for continuing this rule in force: 1) it clarifies Section 31A-19a; 2) it exempts certain lines of insurance from filing rates; 3) it puts a limitation on scheduled rating plans; and 4) it provides definitions for (a) rates, excess insurance, individual risk filing, self-insured retention, and umbrella liability insurance. Therefore, this rule should be continued. 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 EFFECTIVE: 09/10/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32961.htm No. 32962 (5-year Review): R590-129. Unfair Discrimination Based Solely Upon Blindness or Physical or Mental Impairment. 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 in force because it provides important protection for consumers and insurers and allows the department to regulate against unfair and discriminatory transactions between insurers and consumers. Repealing this rule could give the impression that the department does not care about unfair discrimination based on physical and mental impairments. 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 EFFECTIVE: 09/10/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32962.htm No. 32963 (5-year Review): R590-167. Individual and Small Employer Health Insurance 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, along with Chapter 30 of Title 31A, regulates and prevents abuse in insurer rating practices, assures consumers receive credit for previous coverage, and limits the use of restrictive riders. Therefore, this rule should be continued. 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 EFFECTIVE: 09/10/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091001/32963.htm 5. 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 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 32820 (NEW): R156-78. Vocational Rehabilitation Counselors Licensing Act Rule Published: 08/01/2009 Effective: 09/10/2009 No. 32821 (NEW): R156-79. Hunting Guides and Outfitters Licensing Act Rule Published: 08/01/2009 Effective: 09/10/2009 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32743 (AMD): R414-308-3. Application and Signature Published: 07/15/2009 Effective: 09/15/2009 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 32773 (AMD): R523-23-4. Provider Responsibilities Published: 07/15/2009 Effective: 09/10/2009 No. 32774 (AMD): R523-24-4. Provider Responsibilities Published: 07/15/2009 Effective: 09/10/2009 INSURANCE ADMINISTRATION No. 32829 (AMD): R590-146. Medicare Supplement Insurance Standards Published: 08/01/2009 Effective: 09/15/2009 TRANSPORTATION MOTOR CARRIER No. 32826 (NEW): R909-2. Utah Trucking Guide Published: 08/01/2009 Effective: 09/09/2009 No. 32827 (AMD): R909-75. Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes Published: 08/01/2009 Effective: 09/09/2009 MOTOR CARRIER, PORTS OF ENTRY No. 32828 (REP): R912-11. Overweight and/or Oversize Permitted Vehicle Restrictions on Certain Highways Throughout the State of Utah Published: 08/01/2009 Effective: 09/09/2009 6. 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 . <>