Utah State Digest, Vol. 2009, No. 21 (November 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 October 2, 2009, 12:00 AM through October 15, 2009, 11:59 PM Volume 2009, No. 21 November 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. SPECIAL NOTICES Public Notice of 2010 Board and Committee Meeting Schedule - W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/sn148996.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 Executive Order 2009/04/EO: Wildland Fire Management - Colene Tucker by phone at 801-538-1404, by FAX at 801-538-1528, or by Internet E-mail at colenetucker@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2009/ExecDoc149022.htm Governor's Proclamation 2009/05/E: Calling the Fifty-Eighth Legislature into the Fifth Extraordinary Session - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2009/ExecDoc149023.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 October 2, 2009, 12:00 a.m., and October 15, 2009, 11:59 p.m. are summarized in this, the November 1, 2009, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the November 1, 2009, issue of the Utah State Bulletin until at least December 1, 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 March 1, 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. 33023 (Amendment): R81-1-3. General Policies. SUMMARY OF THE RULE OR CHANGE: Subsection R81-1-3(5), as written, lays out very strict guidelines that the department must follow before an applicant, licensee, or permittee may be assigned "cash only" status. The rule is unforgiving and offers no flexibility for department staff to consider circumstances that may be unique to an individual applicant, licensee, or permittee. The Commission is recommending that the rule be amended to allow department staff the authority to determine when an applicant, licensee, or permittee should be placed on or removed from "cash only" status based on reasonable business standards. The recommended language is much simpler and more straightforward than the language in the current rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule amendment does not change the net effect of the current returned check policy. It merely assigns authority to DABC staff to make the determination when an applicant, licensee, or permittee should be placed on "cash only" status due to individual circumstances. - LOCAL GOVERNMENTS: None--This rule regulates policies for handling returned checks that are written to the Department of Alcoholic Beverage Control for any number of reasons, including purchase of liquor and payment of licensing application and renewal fees. These checks are written directly to the DABC and do not involve local governments. - SMALL BUSINESSES: Many license and permit holders are small businesses. This rule amendment may permit DABC officials to take quick action in placing these businesses on "cash only" status when purchasing liquor from a liquor store if the licensee or permittee has given the department cause to believe their personal or business checks will not clear the bank. If an applicant, licensee, or permittee remains in good standing with DABC by writing checks that are paid by the bank, the applicant, licensee, or permittee may continue to enjoy the convenience of paying for liquor and licensing with personal and business checks. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule amendment only affects those who have written DABC a check that has been returned by the bank due to insufficient funds. The rule does not affect other businesses or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no actual compliance cost attached to this rule amendment. The rule already assesses a $20 charge for returned checks. The proposed amendment does not change that. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment should not have a fiscal impact on businesses. The rule simply requires that applicants, licensees, permittees, and other patrons be accountable for checks they write to the DABC. Those who do not act responsibly are no longer afforded the benefit of paying for liquor and licensing with a personal or business check. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 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: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33023.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 33030 (Amendment): R156-3a. Architect Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-3a-102(6), the definition of "incidental practice" is being updated to restrict incidental work to an occupant load of 49 and prohibits work on occupancy category III or IV structures as defined by the 2006 International Building Code. Additionally, incidental work would be limited to 15 percent of the overall construction value of a project. In Section R156-3a-304, the two-year continuing education reporting period is being changed from December 31 of each odd numbered year to March 31 of each even numbered year to coincide with the renewal date for the profession. Also, an outdated provision in Subsection R156-3a-304(1)(a) that pertains to the initial implementation of continuing education is being deleted. In Section R156-3a-305, rule citations are being updated. Subsection R156-3a-502(5) is being added to define as unprofessional conduct the failing as a supervising architect to verify work experience when so requested to do so. 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: Due to the clarification of the definition of incidental practice, there could be a cost savings to local governments in that local governments would save time and resources in determining if a licensee could actually perform work that was submitted for review. - SMALL BUSINESSES: There may be an unknown fiscal impact to a limited number of individuals/licensees and firms, which may qualify as a small business, that may be doing work which is prohibited under the proposed rule amendments regarding incidental practice. The Division, however, is unable to determine any exact fiscal impact due to a wide range of circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments only apply to licensed architects and applicants for licensure in that classification. There may be an unknown fiscal impact to a limited number of licensees that may be doing work which is prohibited under the proposed rule amendments regarding incidental practice. The Division, however, is unable to determine any exact fiscal impact due to a wide range of circumstances. Also if a licensed architect failed to verify work experience if requested to do so, the licensee could be charged with unprofessional conduct against his license, which may result in some costs to the licensee to defend a possible licensure action. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments only apply to licensed architects and applicants for licensure in that classification. There may be an unknown fiscal impact to a limited number of licensees that may be doing work which is prohibited under the proposed rule amendments regarding incidental practice. The Division, however, is unable to determine any exact fiscal impact for affected persons due to a wide range of circumstances. Also if a licensed architect failed to verify work experience if requested to do so, the licensee could be charged with unprofessional conduct against his license, which may result in some costs to the licensee to defend a possible licensure action. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing clarifies definitions, changes the continuing education deadline to coordinate with the license renewal date, removes an outdated provision, and makes it unprofessional conduct for a supervisor to fail to verify work experience of a supervisee. No fiscal impact to businesses is anticipated beyond those addressed in the rule summary. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/18/2009 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33030.htm No. 33029 (Amendment): R156-55c. Construction Trades Licensing Act Plumber Licensing Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-55c-302b(5)(a), the amendment identifies bodies that can approve formal plumbing educational programs. In Section R156-55c-303, rule citations are updated. 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 plumbers 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 plumbers 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. The Division does not anticipate any costs or savings as a result of these proposed amendments beyond those previously identified in fiscal notes prepared in connection with H.B. 15. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments only apply to licensed plumbers and applicants for licensure in those classifications. The Division does not anticipate any costs or savings as a result of these proposed amendments beyond those previously identified in fiscal notes prepared in connection with H.B. 15. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments only apply to licensed plumbers and applicants for licensure in those classifications. The Division does not anticipate any costs or savings as a result of these proposed amendments beyond those previously identified in fiscal notes prepared in connection with H.B. 15. There should also be no impact to the state apprenticeship colleges or students. The Utah Board of Regents and Utah College of Applied Technology Board of Trustees have established procedures for reviewing and approving programs of instruction for the institutions they oversee. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To be consistent with recent statutory amendments, this rule filing adds the Utah College of Applied Technology Board of Trustees as an entity that may determine whether the instruction offered at a particular plumbing education program is to be approved. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/25/2009 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33029.htm No. 33065 (Amendment): R156-79. Hunting Guides and Outfitters Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-79-102(2), the American Heart Association is being added as an additional provider of first aid/cardiopulmonary resuscitation (CPR) courses. Subsection R156-79- 302d(1)(d) is amended to reduce the number of conviction of misdemeanors from three to one or more involving wildlife violations. In Subsections R156-79-302d(1)(f) and (g), minor wording changes are made. In Section R156- 79-303, the renewal cycle is updated from one year to two years as provided in the governing statute. Subsection R156-79-502(14) is updated with respect to general liability insurance coverage required by the United States Forest Service or the Bureau of Land Management. In Sections R156-79-601 and R156- 79-602, in addition to the American Heart Association amendments being added, these two sections are amended to remove the 30 days of basic instruction requirement and give the Board the responsibility of approving the training programs for the hunting guide and outfitter programs. Also, the training requirements of orienteering and map reading are being added. Section R156- 79-701 is being deleted as it is inappropriate and has created confusion in the outfitter and hunting guide industry. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments only apply to licensed hunting guides and outfitters 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 hunting guides and outfitters 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. The Division does not anticipate that these proposed amendments will create any additional costs or savings to the regulated industry. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments only apply to licensed hunting guides and outfitters and applicants for licensure in those classifications. The Division does not anticipate that these proposed amendments will create any additional costs or savings to the regulated industry. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments only apply to licensed hunting guides and outfitters and applicants for licensure in those classifications. The Division does not anticipate that these proposed amendments will create any additional costs or savings to the regulated industry. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact to businesses is anticipated from this rule filing which clarifies existing provisions based on comments received during a rule hearing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 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: - 11/10/2009 01:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33065.htm REAL ESTATE No. 33057 (Amendment): R162-3-6. Renewal and Reinstatement. SUMMARY OF THE RULE OR CHANGE: The word "non-duplicative" is added to the sections that outline the number of continuing education hours that are required to renew a license. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Neither the state nor its agents participate in continuing education. - LOCAL GOVERNMENTS: Local governments do not participate in continuing education. - SMALL BUSINESSES: Small businesses do not participate in continuing education unless they voluntarily choose to pay for the continuing education taken by their licensed mortgage officers. Even in that situation, this rule does not increase the costs associated with continuing education. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Affected persons will have to pay the fees associated with the continuing education classes that they choose to take for renewal. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, affected persons must choose non-duplicative continuing education classes and pay the associated fees. Those fees vary from class to class. There are no other compliance costs associated with this rule amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing clarifies that continuing education courses may not be duplicated. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 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: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33057.htm EDUCATION ADMINISTRATION No. 33052 (Amendment): R277-516. Education Employee Required Reports of Arrests and Required Background Check Policies for Non-licensed Employees. SUMMARY OF THE RULE OR CHANGE: The amended rule provides new definitions and changes the language to clarify the process for USOE responsibility for review of arrest/conviction information for licensed educators. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The changes simply clarify the process for USOE review of arrest/conviction information. The Utah State Office of Education will carry out the review within existing staff and budgets. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. The changes simply clarify the process for USOE review of arrest/conviction information. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The changes simply clarify the process for USOE review of arrest/conviction information and do not involve businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small business, businesses, or local government entities. The changes simply clarify the process for USOE review of arrest/conviction information. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The changes simply clarify the process for USOE review of arrest/conviction information. 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 12/01/2009 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: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33052.htm No. 33053 (New Rule): R277-613. School District and Charter School Bullying and Hazing Policies and Training. SUMMARY OF THE RULE OR CHANGE: The new rule provides definitions, Utah State Board of Education responsibilities, local school district and charter school responsibilities, training by school districts and charter schools specific to participants in public school athletic programs and school clubs, and professional responsibilities of employee and volunteer coaches. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. This new rule provides guidance to school districts and charter schools for implementation of local bullying and hazing policies and training. - LOCAL GOVERNMENTS: There could be minimal costs to school districts and charter schools for training of staff and students. However, it is most likely that the majority of school districts and charter schools will provide training to students and employees with existing staff and within existing budgets. The Utah State Office of Education has developed a model policy to assist school districts/charter schools in the implementation of their policies and to minimize development costs for school districts/charter schools. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The requirements of this rule relate to public school districts and charter schools. - 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. If there are minimal costs, the costs would be to school districts and charter schools for training purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There could be minimal compliance costs to school districts and charter schools for providing required training, although it is anticipated that the majority of school districts and charter schools will provide training using existing staff and within existing budgets. 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 12/01/2009 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: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33053.htm No. 33054 (Amendment): R277-750. Education Programs for Students with Disabilities. SUMMARY OF THE RULE OR CHANGE: The changes provide updated and corrected dates and citations and remove outdated language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The changes to the rule merely provide updated and corrected dates and citations and remove outdated language. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. The changes to the rule merely provide updated and corrected dates and citations and remove outdated language. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The changes to the rule merely provide updated and corrected dates and citations and remove outdated language and do not relate 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 to the rule merely provide updated and corrected dates and citations and remove outdated language. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The changes to the rule merely provide updated and corrected dates and citations and remove outdated language. 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 12/01/2009 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: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33054.htm No. 33055 (Repeal and Reenact): R277-800. Administration of the Utah School for the Deaf and the Utah School for the Blind. SUMMARY OF THE RULE OR CHANGE: The changes include: 1) the definitions in the repealed rule were limited. Definitions in the reenacted rule are much more extensive and define terms used in H.B. 296 including a new definition of "Advisory Council" (instead of "Institutional Council"), a new definition of "Assessment," a definition of "Child Find" consistent with the Individuals with Disabilities Education Act (IDEA), a new definition of "Designated LEA (local education agency)" (to determine the local education agency primarily responsible for providing services to an eligible student), a new definition for "Hearing impairment/deafness" and for "Visual impairment" (including blindness), and other new and required definitions; 2) the reenacted rule includes new and more specific provisions for the Utah Schools for the Deaf and the Blind (USDB) Advisory Council. The repealed rule had provisions for an Institutional Council; 3) the reenacted rule provides criteria for the determination of a student-designated LEA. There was no requirement or discussion for a designated LEA in the repealed rule; 4) the reenacted rule explains USDB programs and student eligibility for those programs and for outreach services provided by USDB. The repealed rule did not adequately explain USDB programs or student eligibility criteria; 5) the reenacted rule explains USDB fiscal procedures. The repealed rule did not provide information about USDB and LEA's joint responsibilities and fiscal eligibility; and 6) the reenacted rule provides information about the Utah State Instructional Materials Access Center (USIMAC) and availability of materials for students from USIMAC. The repealed rule had no discussion of USIMAC or its resources. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The USDB is funded by a legislative appropriation and operates within that funding. - LOCAL GOVERNMENTS: Primarily students are eligible for USDB services through the legislative appropriation. There may be some services provided to students jointly with USDB funding and LEA funds consistent with the students individual education plans (IEP). Most of the local funding used to serve students are reimbursable to LEAs consistent with IDEA. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. This rule is relative to public education students and services and has no effect on 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. State and federal funding pays for services to USDB eligible students. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. There are no costs to individuals to comply with this rule because the rule outlines funding, student eligibility and other services that are funded by the state. 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 12/01/2009 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: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33055.htm HEALTH HEALTH SYSTEMS IMPROVEMENT, EMERGENCY MEDICAL SERVICES No. 33025 (Amendment): R426-13. Emergency Medical Services Provider Designations. SUMMARY OF THE RULE OR CHANGE: The reference to the Emergency Medical Dispatch Center is removed as redundant in Section R426-13-200. Reference to sufficient staff in Subsection R426-13-500(5) is removed as unclear. Facilities need to have a certified dispatcher at all times under the current rule. Acronym EMD spelled out as Emergency Medical Dispatch or Dispatcher. Reference to obsolete criminal penalties removed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed changes will not alter the current practice and no cost to the state is expected. - LOCAL GOVERNMENTS: The proposed changes will not alter the current practice and no cost to local government is expected. - SMALL BUSINESSES: The proposed changes will not alter the current practice and no cost to business, small or otherwise, is expected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed changes will not alter the current practice and no compliance costs for any regulated entity are expected. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed changes will not alter the current practice and no compliance costs for any regulated entity are expected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Removing obsolete criminal penalties, and emphasizing the need to have a certified Emergency Medical Dispatcher at all times will impose no new fiscal impact and is justified to protect the public. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33025.htm HUMAN SERVICES AGING AND ADULT SERVICES No. 33027 (Repeal and Reenact): R510-401. Utah Caregiver Support Program. SUMMARY OF THE RULE OR CHANGE: While the content of the rule is not dramatically different, service levels, allowable costs and other limits to the program have been updated to reflect updates. Rather than major content changes, the structure of the rule has been changed and has been regrouped and reorganized making a regular marked-up copy difficult to follow. Updates have been made with regard to to services to grandparents, ages of potential clients, coordination with other services, and general updates. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The rule is being changed to reflect current practices which are already budgeted and will have no cost increase or savings as a result. - LOCAL GOVERNMENTS: The rule is being changed to reflect current practices which are already budgeted and will have no cost increase or savings as a result. - SMALL BUSINESSES: The rule is being changed to reflect current practices which are already budgeted and will have no cost increase or savings as a result. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule is being changed to reflect current practices which are already budgeted and will have no cost increase or savings as a result. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The change brings the rule into compliance with current procedures and does not have a cost for compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact on the program. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33027.htm SUBSTANCE ABUSE AND MENTAL HEALTH No. 33038 (Amendment): R523-1. Procedures. SUMMARY OF THE RULE OR CHANGE: This amendment: 1) deletes all references to the Board of Substance Abuse and Mental Health, and replaces those references with The Division of Substance Abuse and Mental Health where appropriate; 2) adds Authority and Purpose sections; 3) deletes redundant program standard sections; 4) deletes the Private Practice section; 5) updates the ten mandated services to be provided by local mental health authorities; 6) adds a funding formula for distribution of substance abuse treatment and prevention funds; 7) deletes the Rural Mental Health Scholarship and Grants subsection; 8) adds a Distribution of Fee-On-Fine (DUI) Funds section; and 9) adds a 20% Match Required to Be County Tax Revenue section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The State will save $13,000 each year by not paying for board members to participate in the review and guidance process, and $28,000 annually, which is the amount of general funds allocated to the rural mental health scholarship and grant on a yearly basis. Total anticipated savings will be $41,000 annually. - LOCAL GOVERNMENTS: There are no monetary savings or costs to local governments since the board and rural mental health scholarship and grant were not managed or administered through local governments or human service agencies. There is a possible personnel cost to counties who used the scholarship and grant as a means of recruiting employees into their public mental health agencies. - SMALL BUSINESSES: There are no costs or savings to small businesses. All community mental health centers affected by this rule change for the rural mental health scholarship and fund provide services through county employee except Summit and Tooele Counties who contract for services through Valley Mental Health. Valley Mental Health employs over 50 people. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The cost to all others is $5,000 to each individual who applied and was eligible to receive the scholarship to obtain their education or received the grant after their education was completed to help offset the cost and pay student loans. There have been between seven and eight participants each year for the past couple of years. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no financial compliance costs to effected individuals, because these amendments do not impose additional activities or obligations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After careful review, the Department of Human Services has determined that this rule will have no financial impact on businesses in the state of Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thom Dunford by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at tdunford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33038.htm No. 33039 (Amendment): R523-20. Division Rules of Administration. SUMMARY OF THE RULE OR CHANGE: This amendment: 1) adds an authority section; 2) adds a purpose section; 3) deletes the Allocation of Substance Abuse Purchase-of-Service Money, which is being moved to Section R523-1-15; 4) deletes the Training Priorities and Responsibilities section permanently; 5) deletes the Research/Evaluation Priorities and Responsibilities section permanently; 6) deletes the Competition - Contracting/Subcontracting section permanently; 7) deletes the Maintenance of Effort section permanently; 8) deletes the Distribution of Fee-On-Fine (DUI) Funds, which is being moved to Section R523-1-24; 9) deletes the 20% Match Required to Be County Tax Revenue, which is being moved to Section R523-1-25; and 10) makes technical changes to numbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no costs or savings to the state budget. All changes to this rule are technical in nature and the sections that are deleted do not carry a fiscal impact. - LOCAL GOVERNMENTS: There are no costs or savings to local governments. All changes to this rule are technical in nature and the sections that are deleted do not carry a fiscal impact. - SMALL BUSINESSES: There are no costs or savings to small businesses. All changes to this rule are technical in nature and the sections that are deleted do not carry a fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to other persons. All changes to this rule are technical in nature and the sections that are deleted do not carry a fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance cost associated with this amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After careful review, the Department of Human Services has determined that this rule will have no financial impact on businesses in the state of Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thom Dunford by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at tdunford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33039.htm JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 33062 (Amendment): R597-3. Judicial Performance Evaluations. SUMMARY OF THE RULE OR CHANGE: The amendment changes the time line for attorney and juror surveys for the 2012 retention election so that these surveys are on the same time line as the litigant, witness, and court staff surveys. The amendment also changes the procedures for distributing, collecting, and disseminating the results of the juror surveys. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the rule only explains the timing of evaluation cycles and the conditions under which surveys will be conducted, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: Because the commission has no authority with respect to local government, there is no anticipated cost or savings to local government. - SMALL BUSINESSES: Because the commission has no authority with respect to small businesses, there is no anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because the commission has no authority with respect to persons other than small businesses, businesses, or local government entities, there is no anticipated cost or savings to these entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The commission assumes all compliance costs. Any affected persons do not assume compliance costs of the statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the commission does not regulate business, there is no fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Joanne Slotnik by phone at 801-538-1652, by FAX at 801-538-1024, or by Internet E-mail at jslotnik@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33062.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 33064 (Amendment): R612-4-2. Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund. SUMMARY OF THE RULE OR CHANGE: The proposed amendment lowers that portion of the workers' compensation insurance premium assessment used to fund the ERF from 5% for 2009 to 3.5% for 2010, and the portion used to fund the UEF from 0.25% to 0.05%. The amendment also removes an unnecessary reference to the assessment for the Workplace Safety Account. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed amendment is expected to reduce the state's expense for workers' compensation insurance by 1.7% from what that expense would be if the proposed amendment were not adopted. - LOCAL GOVERNMENTS: The proposed amendment is expected to reduce local government expense for workers' compensation insurance by 1.7% from what such expense would be if the proposed amendment were not adopted. - SMALL BUSINESSES: The proposed amendment is expected to reduce small businesses' expense for workers' compensation insurance by 1.7% from what such expense would be if the proposed amendment were not adopted. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment is expected to reduce expense for workers' compensation insurance by 1.7% from what such expense would be if the proposed amendment were not adopted. COMPLIANCE COSTS FOR AFFECTED PERSONS: By reducing the overall premium assessment rate, the proposed amendment will lower workers' compensation costs for employers. The amendment imposes no compliance costs on any affected person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: By reducing the ERF and UEF assessment rates, businesses will enjoy a reduction in workers' compensation coverage costs. This reduction in one component of business costs will have a positive 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 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Bunkall by phone at 801-530-6988, by FAX at 801-530-6844, or by Internet E-mail at lbunkall@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2010 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33064.htm No. 33063 (Repeal and Reenact): R612-8. Procedural Guidelines for the Reemployment Act. SUMMARY OF THE RULE OR CHANGE: The Commission's existing rule R612-8 is repealed and replaced with a new rule. The new rule explains the rule's purpose and the Commission's authority to promulgate the rule. It also references applicable definitions from the Injured Worker Reemployment Act. The rule authorizes and describes the forms insurers or employers must use to satisfy their reporting requirements under the Act. Finally, the rule references the statutory penalties that may be imposed for failure to comply with the Act's quarterly reporting requirements and defines the nature of administrative proceedings that may be used to resolve disputes under the Act. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Labor Commission will incur some costs in monitoring and enforcing the reporting requirements of the Utah Injured Worker Reemployment Act. The Commission anticipates these duties will require approximately one-quarter of a staff position, which translates to approximately $20,000. As to the cost to the state in its capacity as an employer, the state's workers' compensation insurance carrier will submit any necessary reports on behalf of the state, at no cost to the state. - LOCAL GOVERNMENTS: In those cases where local governments purchase workers' compensation insurance, their insurance carrier will submit any necessary reports at no cost to the local government entity. If a local government is self-insured, it will be required to submit such reports on its own behalf. The reports are limited in number, simple to complete, and require information that should be readily available. The Commission therefore anticipates that the cost of completing such forms will be minimal. - SMALL BUSINESSES: Small businesses are almost always covered by workers' compensation insurance. Their insurance carrier will submit any necessary reports at no cost to the business. In the rare instances in which a small business is self-insured, it will be required to submit such reports on its own behalf. The reports are limited in number, simple to complete, and require information that should be readily available. The Commission therefore anticipates negligible costs to such businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Workers' compensation insurance carriers will be required to comply with the reporting requirements of this rule. The reports are limited in number, simple to complete, and require information that should be readily available. The Commission therefore anticipates negligible costs to workers' compensation insurance carriers or any other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Utah Injured Worker Reemployment Act imposes various monitoring, referral, and reporting requirements on insurance carriers and self-insured employers regarding efforts to return injured workers to employment. In implementing the Act, the Commission has required submission of only those forms and reports required by the Act itself. The Commission has also designed the forms as simply as possible. The Commission expects that insurance carriers and self-insured employers will be able to incorporate these reports into routine business processes and that the cost of compliance will be minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In reenacting and amending the Utah Injured Worker Reemployment Act, the Utah Legislature declared a public policy in favor of monitoring the efforts of insurance carriers and employers to return injured workers to gainful employment. While the monitoring and reporting requirements of the Act and this proposed rule impose some compliance costs on insurance carriers and employers, the Commission has attempted to minimize such costs by proposing simple rules and forms. But to the extent that the Act and rules assist insurance carriers and employers in returning injured workers to employment, there will be a much greater cost savings from reduced workers' compensation payments and increased worker productivity. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Bunkall by phone at 801-530-6988, by FAX at 801-530-6844, or by Internet E-mail at lbunkall@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33063.htm OCCUPATIONAL SAFETY AND HEALTH No. 33061 (Amendment): R614-2-11. Drilling Industry - Walking, Working Surfaces. SUMMARY OF THE RULE OR CHANGE: The proposed amendment changes the height that triggers the requirement for guarding of openings from 6 feet to 4 feet. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed amendment will result in no increase or decrease in state regulatory or enforcement costs. The proposed amendment will not result in any compliance costs or savings, since existing federal standards already apply the 4 foot height standard that is being proposed by this amendment. - LOCAL GOVERNMENTS: The proposed amendment will not result in any compliance costs or savings, since existing federal standards already apply the 4 foot height standard that is being proposed by this amendment. - SMALL BUSINESSES: The proposed amendment will not result in any compliance costs or savings, since existing federal standards already apply the 4 foot height standard that is being proposed by this amendment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment will not result in any compliance costs or savings, since existing federal standards already apply the 4 foot height standard that is being proposed by this amendment. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons subject to this proposed amendment to Utah standards are already subject to, and complying with, federal safety standards that require safety devices for protection against falls of 4 feet or more. Consequently modifying the Utah standards to also require protection against falls of 4 feet or more will not impose any additional compliance costs on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because this proposed amendment mirrors the existing federal rule, the change is not expected to have any fiscal impact on businesses. It will, however, eliminate a point of possible confusion between state and federal regulations. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Louis Silva by phone at 801-530-6872, by FAX at 801-538-6390, or by Internet E-mail at lsilva@utah.gov - William Adams by phone at 801-530-6897, by FAX at 801-530-7606, or by Internet E-mail at wadams@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33061.htm NATURAL RESOURCES WATER RIGHTS No. 33066 (New Rule): R655-16. Administrative Procedures for Declaring Beneficial Use Limitations for Supplemental Water Rights. SUMMARY OF THE RULE OR CHANGE: This rule provides for a "Declaration of Individual Beneficial Use Amounts" form to enable water right holders to declare beneficial use information and document agreement with that declaration by those with supplemental water rights. The rule provides conditions under which a water user may petition the state engineer for assistance in apportioning beneficial use among water rights in a water use group. The rule formalizes the procedure the state engineer will follow in the apportioning beneficial use among water rights in a water use group. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state engineer currently assists the public with issues and questions related to the apportionment of beneficial use. This rule will formalize and standardize that process. The rule will require more effort on the part of the water user before state engineer assistance can be requested, so the water user may provide more of the information needed for an apportionment and also there may be fewer requests for assistance. However, in those cases where the state engineer is not requested to apportion the beneficial uses, the state engineer will still be required to review all of the beneficial use information submitted by water users to determine if it is in agreement with the water right record. Overall there probably will not be a reduction in effort required and no increased costs incurred or savings made. - LOCAL GOVERNMENTS: Local government will not be affected unless the government entity is an owner of water right involved in a water use group that required quantification of the beneficial uses. In this case, the effect will be as described under "other persons" below. - SMALL BUSINESSES: Small business in general will not be affected unless the business is an owner of water right involved in a water use group that required quantification of the beneficial uses. In this case, the effect will be as described under "other persons" below. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule will provide a defined process to assure all impacted parties have an opportunity to participate in the quantification of supplemental water right beneficial use. It also creates an obligation for individual water right holders to participate. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a cost if the water users choose to hire professional help in completing a Declaration of Individual Beneficial Use Amounts. The cost will vary depending upon the complexity of the water right involved. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kaelyn Anfinsen by phone at 801-538-7370, by FAX at 801-538-7442, or by Internet E-mail at kaelynanfinsen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/17/2009 10:00 AM, DNR Auditorium, 1594 W North Temple, SLC, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33066.htm WILDLIFE RESOURCES No. 33042 (Amendment): R657-13. Taking Fish and Crayfish. SUMMARY OF THE RULE OR CHANGE: The proposed revision to the above listed rule amends Section R657-13-9, Underwater Spearfishing, to clarify the hours fish can be taken with spearfishing tackle. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment only clarifies the hours spearfishing may take place on certain bodies of water. 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 only clarifies regulations already in place this should have little to no effect on the local government. 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: This amendment clarifies the hours allowed for the act of spearfishing. Therefore, this rule does not impose any additional financial requirements on small businesses, nor generate a cost or saving impact to other persons. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment clarifies the hours allowed for the act of spearfishing. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or saving impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that these amendments do not create a cost or savings impact to individuals who participate in spearfishing. 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 12/01/2009 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: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33042.htm No. 33041 (Amendment): R657-58. Fishing Contests and Clinics. SUMMARY OF THE RULE OR CHANGE: This proposed amendment will: 1) add criteria for "Type I fishing contest" to include the number of boats allowed and the monetary amount that can be awarded; 2) add the protocol for decontaminating vessels to reduce the spread of invasive mussels; 3) adds Scofield Reservoir as a Type I fishing location for rainbow trout only; and 4) re-orders the tagged fish bodies of water to be listed alphabetically. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment clarifies restrictions on "Type I fishing contests" and adds standard language on decontaminating vessels. 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 only clarifies restrictions placed on groups holding "Type I fishing contests" and adds standard wording on decontaminating vessels this should have little to no effect on the local government. 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: Since this amendment only clarifies restrictions placed on groups holding "Type I fishing contests" and adds standard wording on decontaminating vessels, this should have little to no effect on small businesses. This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by the rule. Nor are small businesses indirectly impacted because the rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment clarifies restrictions placed on groups holding "Type I fishing contests" and may limit the amount of prize money an individual can be awarded in a year and so it may impose an additional financial requirement on persons participating in a fishing contest. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that these amendments do not create a cost or savings impact to individuals who sponsor fishing contests, however it may limit the monetary amount a participant may be awarded in one year. 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 12/01/2009 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: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33041.htm PUBLIC SAFETY DRIVER LICENSE No. 33056 (Repeal and Reenact): R708-41. Requirements for Acceptable Documentation. SUMMARY OF THE RULE OR CHANGE: Some acceptable forms of documentation that had been approved in the old rule are being removed. All other substantive provisions of the old rule will remain. Substantive provisions that are being added by the new rule include: 1) requiring individuals who are citizens to prove their U. S. citizenship; 2) requiring individuals who are in the country temporarily to prove their legal presence; and 3) adding other types of acceptable documentation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In order to accommodate new licensing types, some computer programming will be required to modify the current system, and further programming to accommodate imaging of the required documentation. Costs to cover the programming were part of the fiscal note attached to S.B. 40. During the first five years of implementation, persons seeking license certificates or ID cards will be required to appear in person at a driver license facility; this is to allow them to provide the necessary documentation. The fee for in-person appearance to renew is $5 higher than renewing by Internet or mail, thus the state wll see some increase in revenue during that five-year period. - LOCAL GOVERNMENTS: Local governments are not involved in providing licenses or identification cards. - SMALL BUSINESSES: Small businesses are not involved in providing licenses or identification cards. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: During the first five years of implementation, persons seeking license certificates or ID cards will be required to appear in person at a driver license facility; this is to allow them to provide the necessary documentation. The fee for in-person appearance to renew is $5 higher than renewing by Internet or mail, thus these persons wll see some increase in cost during that five-year period. COMPLIANCE COSTS FOR AFFECTED PERSONS: During the first five years of implementation, persons seeking license certificates or ID cards will be required to appear in person at a driver license facility; this is to allow them to provide the necessary documentation. The fee for in-person appearance to renew is $5 higher than renewing by Internet or mail, thus these persons wll see some increase in cost during that five-year period. 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 business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jill Laws by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at jlaws@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33056.htm TAX COMMISSION ADMINISTRATION No. 33047 (Amendment): R861-1A-36. Signatures Defined Pursuant to Utah Code Ann. Sections 41-1a-209, 59-10-512, 59-12-107, 59-13-206, 59-13-107. SUMMARY OF THE RULE OR CHANGE: The proposed amendment indicates that taxpayers who file a tax return under the Individual Income Tax Act electronically and meet IRS signature requirements are deemed to meet Utah signature requirements; and taxpayers who file a corporate return electronically and meet IRS signature requirements are deemed to meet Utah signature requirements; repeals reference to Tax Express which is no longer in operation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Matches current Tax Commission practice. - LOCAL GOVERNMENTS: None--Matches current Tax Commission practice. - SMALL BUSINESSES: None--Matches current Tax Commission practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Matches current Tax Commission practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Taxpayers who file individual and corporate returns electronically with federal returns are no longer required to send in a separate Utah signature form. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - D'Arcy Dixon by phone at 801-297-3906, by FAX at 801-297-3901, or by Internet E-mail at ddixon@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33047.htm AUDITING No. 33048 (Amendment): R865-12L-14. Quarterly List of Local Sales and Use Tax Distributions Pursuant to Utah Code Ann. Section 59-12-109. SUMMARY OF THE RULE OR CHANGE: The proposed rule defines "extraordinary circumstances" as certain errors that impact sales tax distribution to a locality by $10,000 or more; provides that a notice of redistribution will be sent only if a locality is impacted $1,000 or more by a redistribution. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any impacts were considered in S.B. 235 (2009). - LOCAL GOVERNMENTS: None--Any impacts were considered in S.B. 235 (2009). - SMALL BUSINESSES: None--Any impacts were considered in S.B. 235 (2009). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any impacts were considered in S.B. 235 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The criteria in this proposed change will trigger redistributions of local sales tax revenues previously distributed. As a result of these redistributions, some local entities will receive increased revenues, while others will receive decreased revenues. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are none. The rule impacts local sales tax distributions in limited instances. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - D'Arcy Dixon by phone at 801-297-3906, by FAX at 801-297-3901, or by Internet E-mail at ddixon@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33048.htm No. 33044 (Amendment): R865-20T-14. Directory of Cigarettes Approved for Stamping Pursuant to Utah Code Ann. Sections 59-14-603 and 59-14-607. SUMMARY OF THE RULE OR CHANGE: The proposed section provides that the directory of cigarettes approved for stamping shall be updated on the first business day of each month, and that additions or modifications shall be made to the directory on the next scheduled update after 30 days notice to the commission. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Since current statutes require modifications or additions to the directory be made by supplemental certificate 30 days in advance, the proposed rule only modifies the statute by stating that changes will be published in the directory on the first business day of each month. - LOCAL GOVERNMENTS: None--Since current statutes require modifications or additions to the directory be made by supplemental certificate 30 days in advance, the proposed rule only modifies the statute by stating that changes will be published in the directory on the first business day of each month. - SMALL BUSINESSES: None--Since current statutes require modifications or additions to the directory be made by supplemental certificate 30 days in advance, the proposed rule only modifies the statute by stating that changes will be published in the directory on the first business day of each month. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Since current statutes require modifications or additions to the directory be made by supplemental certificate 30 days in advance, the proposed rule only modifies the statute by stating that changes will be published in the directory on the first business day of each month. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Since current statutes require modifications or additions to the directory be made by supplemental certificate 30 days in advance, the proposed rule only modifies the statute by stating that changes will be published in the directory on the first business day of each month. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - D'Arcy Dixon by phone at 801-297-3906, by FAX at 801-297-3901, or by Internet E-mail at ddixon@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33044.htm MOTOR VEHICLE No. 33050 (Amendment): R873-22M-41. Issuance of Salvage Certificate in Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005. SUMMARY OF THE RULE OR CHANGE: The proposed amendment clarifies that when an insurance company applies to the commission to receive a salvage certificate for a vehicle for which the owner of the salvage vehicle does not provide title for the vehicle to the insurance company, or provides an improperly endorsed title, the insurance company must provide evidence to the commission that the letters sent requesting information from the vehicle's registered owner were also sent to any lienholder of the salvage vehicle. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The proposed amendment reflects current commission requirements. - LOCAL GOVERNMENTS: None--The proposed amendment reflects current commission requirements. - SMALL BUSINESSES: None--The proposed amendment reflects current commission requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The proposed amendment reflects current commission requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed amendment reflects current commission requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - D'Arcy Dixon by phone at 801-297-3906, by FAX at 801-297-3901, or by Internet E-mail at ddixon@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33050.htm MOTOR VEHICLE ENFORCEMENT No. 33046 (Amendment): R877-23V-6. Issuance of In-Transit Permits Pursuant to Utah Code Ann. Section 41-3-305. SUMMARY OF THE RULE OR CHANGE: The proposed amendment provides criteria for the issuance of 96-hour in-transit permits to entities in the business of auctioning motor vehicles. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The proposed amendments reflects long-standing commission practice. - LOCAL GOVERNMENTS: None--The proposed amendments reflects long-standing commission practice. - SMALL BUSINESSES: None--The proposed amendments reflects long-standing commission practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The proposed amendments reflects long-standing commission practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed amendments reflects long-standing commission criteria for issuing 96-hour in-transit permits. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - D'Arcy Dixon by phone at 801-297-3906, by FAX at 801-297-3901, or by Internet E-mail at ddixon@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33046.htm PROPERTY TAX No. 33043 (Amendment): R884-24P-52. Criteria for Determining Primary Residence Pursuant to Utah Code Ann. Sections 59-2-102, 59-2-103, and 59-2- 103.5. SUMMARY OF THE RULE OR CHANGE: The proposed amendment replaces the incorrect statutory citation for the definition of "household" with the correct statutory citation; clarifies an additional exception to the rule that the residential exemption is limited to one primary residence per household. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The proposed amendments reflect current commission practice. - LOCAL GOVERNMENTS: None--The proposed amendments reflect current commission practice. - SMALL BUSINESSES: None--The proposed amendments reflect current commission practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The proposed amendments reflect current commission practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed amendments reflect current commission practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - D'Arcy Dixon by phone at 801-297-3906, by FAX at 801-297-3901, or by Internet E-mail at ddixon@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33043.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. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 33022 (5-year Review): R414-31. Inpatient Psychiatric Services for Individuals Under Age 21. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it outlines inpatient psychiatric services for individuals under age 21. 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: 10/05/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33022.htm No. 33058 (5-year Review): R414-33B. Substance Abuse Targeted Case Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it outlines eligibility requirements, access requirements, service coverage, and reimbursement for Medicaid clients receiving targeted case management services. 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: 10/14/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33058.htm No. 33059 (5-year Review): R414-34. Substance Abuse Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it outlines eligibility requirements, access requirements, service coverage, and reimbursement for Medicaid clients receiving substance abuse services. 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: 10/14/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33059.htm HUMAN SERVICES AGING AND ADULT SERVICES No. 33028 (5-year Review): R510-104. Nutrition Programs for the Elderly (NPE). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As stated above, the state is required to create and maintain a nutrition program for the elderly in order to be considered a State Unit on Aging by the federal government and to continue receiving federal funding. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 10/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33028.htm INSURANCE ADMINISTRATION No. 33031 (5-year Review): R590-194. Coverage of Dietary Products for Inborn Errors of Amino Acid or Urea Cycle Metabolism. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes minimum standards of coverage for dietary products, including formulas and low protein modified food products, which are required to be covered by insurers and are used for the treatment of inborn errors of amino acid or urea cycle metabolism. This coverage will be provided at levels consistent with the major medical benefit provided under a disability insurance policy. This rule entails the identification of a uniform billing code standard to be used by health insurers to expedite the processing of claims covering dietary formulas in conjunction with the treatment of these specific inborn metabolic errors. 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: 10/08/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33031.htm NATURAL RESOURCES WATER RIGHTS No. 33040 (5-year Review): R655-4. Water Well Drillers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule should continue because there is an ongoing need to regulate the construction of wells that take water from or interact with the groundwater aquifers of the state to ensure adequate protection of those aquifers. There is also an ongoing need to license water well drillers to ensure they are qualified to construct water wells for the protection of well owners and the state's groundwater aquifers. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kaelyn Anfinsen by phone at 801-538-7370, by FAX at 801-538-7442, or by Internet E-mail at kaelynanfinsen@utah.gov EFFECTIVE: 10/13/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33040.htm PUBLIC SAFETY HIGHWAY PATROL No. 33024 (5-year Review): R714-500. Chemical Analysis Standards and Training. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Chemical Analysis Standards and Training rule sets the standards used by officers in the state to utilize the breath testing instrument. It also sets forth the requirements to become a breath testing technician. The rule also establishes the requirement for an instrument to be used to collect breath test samples to test for alcohol. This rule is frequently used in courts by both prosecutors and defense attorneys. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Winward by phone at 801-256-2326, by FAX at 801-256-0600, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 10/05/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33024.htm 5. NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file an extension with the Division of Administrative Rules. The extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. The five-year review extension is governed by Subsections 63G-3-305(4) and (5). TECHNOLOGY SERVICES ADMINISTRATION No. 33019 (Five-Year Extension): R895-10. Standards, Best Practices, and Institutional Knowledge Requirements for Executive Branch Agencies. EXTENSION REASON: The Department of Technology Services is currently reviewing the rule to determine if the IT Council is a duplication of duties of other councils formed in the agency, such as the Architecture Review Board. The new deadline will be 03/08/2010. DIRECT QUESTIONS REGARDING THIS RULE TO: - Stephanie Weiss by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@utah.gov EFFECTIVE: 10/05/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33019.htm 6. NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file an extension with the Division of Administrative Rules (Division). However, if the agency fails to file either the review or the extension by the five-year anniversary date of the rule, the rule expires. Upon expiration of the rule, the Division is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule, and it must follow regular rulemaking procedures to replace the rule if necessary. The rules listed below were not reviewed in accordance with Section 63G-3- 305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). HEALTH HEALTH SYSTEMS IMPROVEMENT, EMERGENCY MEDICAL SERVICES No. 33026 (Expired): R426-100. Emergency Medical Services Do Not Resuscitate. SUMMARY: Because a five-year review was not filed, the rule has expired and is removed from the Administrative Code. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-538-1773, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 10/02/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33026.htm 7. 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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 32772 (NEW): R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 07/15/2009 Effective: 10/08/2009 No. 32772 (CPR): R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 09/01/2009 Effective: 10/08/2009 FLEET OPERATIONS No. 32886 (AMD): R27-4. Vehicle Replacement and Expansion of State Fleet Published: 09/01/2009 Effective: 10/08/2009 RECORDS COMMITTEE No. 32684 (AMD): R35-1-1. Scheduling Committee Meetings Published: 06/15/2009 Effective: 10/13/2009 No. 32685 (AMD): R35-1-2. Procedures for Appeal Hearings Published: 06/15/2009 Effective: 10/13/2009 No. 32686 (AMD): R35-3-2. Scheduling Prehearing Conferences Published: 06/15/2009 Effective: 10/13/2009 CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 32778 (NEW): R131-13. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 07/15/2009 Effective: 10/08/2009 No. 32778 (CPR): R131-13. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 09/01/2009 Effective: 10/08/2009 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32882 (R&R): R414-501. Preadmission and continued Stay Review Published: 09/01/2009 Effective: 10/14/2009 TRANSPORTATION MOTOR CARRIER No. 32819 (AMD): R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification Published: 08/01/2009 Effective: 10/15/2009 8. 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 . <>