Utah State Digest, Vol. 2012, No. 1 (January 1, 2012)

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

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


For information filed December 2, 2011, 12:00 AM through December 15, 2011, 
11:59 PM


Volume 2012, No. 1
January 1, 2012


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, 5110 State Office Building, Salt Lake City, 
Utah 84114-1201, telephone 801-538-3218, FAX 801-359-0759.  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
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***********************************************




1.  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 EO/013/2011:  Establishing Effective Oversight 
Over State Agency Rulemaking
- Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by 
Internet E-mail at Abuchholz@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2012/ExecDoc151876.htm




2.  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 December 2, 2011, 12:00 a.m., and December 
15, 2011, 11:59 p.m. are summarized in this, the January 1, 2012, issue of 
the Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the January 1, 2012, issue of the Utah State Bulletin until at 
least January 31, 2012 (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 April 30, 2012, 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.


CORRECTIONS
ADMINISTRATION
No. 35540 (New Rule): R251-115. Contract County Jail Programming Payment.
SUMMARY OF THE RULE OR CHANGE:  This rule outlines the procedures, 
requirements, and standards for the qualification and payment of 73% of the 
final state daily incarceration rate paid for by the department for approved 
programs for state inmates housed at contract jail facilities as funds are 
appropriated.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule, and the associated statute, provides for 
payment at a higher rate to contract county jail facilities that provide 
programming, approved by the department, to state inmates.  Funding at this 
higher rate is at the discretion of the legislature via appropriations.  If 
funding is not allocated, the higher rate cannot be paid.
- LOCAL GOVERNMENTS:  It is possible that county governments could be 
positively impacted by this rule, and the statutory language requiring the 
rule.  If funds are available, and if the county provides department approved 
programming services to state inmates, the county would receive higher 
contract payment rates for those inmates housed and programmed.
- SMALL BUSINESSES:  This rule will not pass any cost or result in any 
savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No other entity will be impacted by this rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs 
associated.  If funds are available and appropriated, the higher payment rate 
would be paid where applicable.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will not have a fiscal impact on businesses.  The rule 
allows for funds, if available, to flow to contract county jails that provide 
department approved programming to state inmates.  It is conceivable there 
would be a positive impact on businesses if the contract county jail 
contracts with private vendors to provide approved programming.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Michael Haddon by phone at 801-545-5913, by FAX at 801-545-5726, or by 
Internet E-mail at mhaddon@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/15/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35540.htm



EDUCATION
ADMINISTRATION
No. 35534 (Repeal and Reenact): R277-102. Adjudicative Proceedings.
SUMMARY OF THE RULE OR CHANGE:  Changes to the rule are as follows:  Section 
R277-102-3 is simplified in the reenacted rule and a specific 
licensing/privilege with competing applicants issue is removed; Section R277-
102-5 in the reenacted rule is simplified and establishes different timelines 
for Board action; Sections R277-102-6, R277-102-7, R277-102-8, R277-102-9, 
and R277-102-10 are combined in the reenacted rule to simplify the processes; 
default language in Section R277-102-7 of the reenacted rule is simplified; 
and a new Section R277-102-8 is added to the reenacted rule that provides for 
a recommendation from an adjudicative proceeding be provided to the Board.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  This rule and changes are procedural and do not have any costs or 
savings associated with it.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  This rule and changes apply specifically to adjudicative 
proceedings involving the Utah State Board of Education.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule and changes apply to adjudicative proceedings 
involving the Utah State Board of Education and do not affect 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 
this rule simplify the process for adjudicative proceedings involving the 
Utah State Board of Education resulting in a more streamlined process for 
individuals.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  This rule and the change are procedural and do not have 
any compliance costs associated with it.
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 01/31/2012
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:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35534.htm

No. 35535 (Amendment): R277-425. Budgeting, Accounting, and Auditing for Utah 
School Districts.
SUMMARY OF THE RULE OR CHANGE:  The amendments include adding new 
definitions, adding and updating reporting standards, and renumbering as 
necessary.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  This amendment updates reference materials for use by LEAs but does 
not have any costs associated with it.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  The updated reference materials will assist LEAs in reporting 
but do not have any costs associated with them.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule and the amendments apply to public education and do 
not affect 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 amendments 
to this rule apply to LEAs.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The updated reference materials will assist LEAs in 
reporting.
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 01/31/2012
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:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35535.htm

No. 35536 (Amendment): R277-426. Definition of Private and Non-Profit Schools 
for Federal Program Services.
SUMMARY OF THE RULE OR CHANGE:  The amendments provide updated terminology 
and language to make the rule consistent with the IDEA.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  The amendments update terminology and language to make the rule 
consistent with the IDEA and do not result in a cost or savings.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  The amendments update terminology and language to make the rule 
consistent with the IDEA and do not result in a cost or savings.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule and the changes apply to public education and do not 
affect 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 amendments 
update terminology and language to make the rule consistent with the IDEA and 
do not result in a cost or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  This change updates terminology and language to make the 
rule consistent with the IDEA and does not result in compliance costs.
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 01/31/2012
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:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35536.htm

No. 35537 (Amendment): R277-703. Centennial Scholarship for Early Graduation.
SUMMARY OF THE RULE OR CHANGE:  The rule is updated throughout to include 
charter school-related language.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  The amendments to this rule update terminology and do not not result 
in any costs or savings.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  The amendments to this rule update terminology and do not result 
in any costs or savings.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule and the amendments apply to public education and do 
not affect 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 amendments 
to this rule provide updated terminology and do not result in any costs or 
savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The amendments to this rule update terminology and do not 
involve any compliance issues.
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 01/31/2012
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:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35537.htm

No. 35538 (Repeal): R277-730. Alternative High School Curriculum.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  The standards and procedures in this rule are no longer applicable 
so there is no cost associated with repealing the rule.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  The standards and procedures in this rule are no longer 
applicable so there is no cost associated with repealing the rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule applies to public education and does not affect 
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 standards 
and procedures in this rule are no longer applicable so there is no cost 
associated with repealing the rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The standards and procedures in this rule are no longer 
applicable so there is no compliance cost associated with repealing the rule.
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 01/31/2012
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:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35538.htm

No. 35539 (Amendment): R277-751. Special Education Extended School Year.
SUMMARY OF THE RULE OR CHANGE:  The amendments provide new and revised 
definitions, new and revised language for determining eligibility, new and 
revised language for ESY program standards, and new and revised language for 
responsibilities.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  The amendments to this rule provide updated language to make the 
rule consistent with IDEA and special education rules which do not result in 
a cost or savings.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  The amendments to this rule provide updated language to make the 
rule consistent with IDEA and special education rules which do not result in 
a cost or savings.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule and the amendments apply to public education and do 
not affect 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 amendments 
to this rule provide updated language to make the rule consistent with IDEA 
and special education rules which do not result in a cost or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The amendments to this rule provide updated language to 
make the rule consistent with IDEA and special education rules which do not 
involve any compliance issues.
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 01/31/2012
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:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35539.htm



ENVIRONMENTAL QUALITY
AIR QUALITY
No. 35531 (Amendment): R307-220-3. Section II, Hospital, Medical, Infectious 
Waste Incinerators.
SUMMARY OF THE RULE OR CHANGE:  Section II of Utah's Designated Facilities 
Plan is being amended to incorporate amendments to 40 CFR Part 60, Subpart 
Ce.  Currently, Section R307-220-3 incorporates the 11/12/1998 version of 
Section II of the Designated Facilities Plan.  The proposed amendment to this 
rule incorporates the Designated Facilities Plan that will be effective as of 
03/07/2012.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because there is only one source in Utah subject to 
Section II of the Designated Facilities Plan being incorporated into this 
rule, there are no anticipated savings or costs to the state budget.
- LOCAL GOVERNMENTS:  The single source in Utah that is subject to this rule 
is state permitted, and the rule does not affect local government; therefore, 
there is no anticipated costs or savings to local governments.
- SMALL BUSINESSES:  The one source in Utah subject to Section II of the 
Designated Facilities Plan, which is being incorporated into this rule, is 
not a small business; therefore, there are no anticipated costs or savings to 
small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is only one source in Utah subject to Section II of the 
Designated Facilities Plan, which is incorporated into this rule.  Therefore, 
there are no anticipated costs or savings to persons other than small 
business, businesses, or local government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Rule R307-222, required by 40 CFR 
Part 60, Subpart Ce and Section II of the Designated Facilities Plan, 
regulates emissions from existing incinerators for hospital, medial, or 
infectious waste or any combination of them.  Rule R307-222 will increase the 
stack testing requirements for the one existing source in Utah.  The source 
will now be required to conduct annual stack tests for nine pollutants.  The 
exact cost to conduct these stack tests is unknown.  The source may also need 
to install new control equipment, which, depending on the equipment needed to 
meet the new standards, could range in price from between $50,000 to 
$1,000,000.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rule R307-222, required by 40 CFR Part 60, Subpart Ce and 
Section II of the Designated Facilities Plan, regulates emissions from 
existing incinerators for hospital, medial, or infectious waste or any 
combination of them.  Rule R307-222 will increase the stack testing 
requirements for the one existing source in Utah.  The source will now be 
required to conduct annual stack tests for nine pollutants.  The exact cost 
to conduct these stack tests is unknown.  The source may also need to install 
new control equipment, which, depending on the equipment needed to meet the 
new standards, could range in price from between $50,000 to $1,000,000.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/10/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 02/07/2012 01:30 PM, Multi Agency State Office Building, 195 N 1950 W, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  03/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35531.htm

No. 35530 (Amendment): R307-222. Emission Standards:  Existing Incinerators 
for Hospital, Medical, Infectious Waste.
SUMMARY OF THE RULE OR CHANGE:  Language was added to define to whom the rule 
applies, i.e., each incinerator for hospital, medical, or infectious waste or 
any combination of them for which construction commenced on or before 
06/20/1996; for which modification was commenced on or before 03/16/1998; for 
which construction was commenced after 06/20/1996 but no later than 
12/01/2008; or for which modification was commenced after 03/16/1998 but no 
later than 04/06/2010.  In Utah, this new federal rule only applies to one 
source.  EPA also changed emission limits to large, medium and small 
incinerators found in Table 2A and Table 2B in 40 CFR Part 60, Subpart Ce.  
References to these tables are added in the rule.  The source to whom this 
rule applies is already subject to the federal requirement. Adopting the 
federal requirement into the state rule gives Utah primacy for this program.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  As there is only one source in Utah subject to this 
rule, there are no anticipated savings or costs to the state budget.
- LOCAL GOVERNMENTS:  The sources that fall under this rule are state 
permitted, and the rule does not affect local government; therefore, there is 
no anticipated cost or savings to local governments.
- SMALL BUSINESSES:  The one source in Utah subject to this rule is not a 
small business; therefore, there are no anticipated costs or savings to small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule regulates emissions from existing incinerators for 
hospital, medical, or infectious waste or any combination of them.  
Therefore, there are no anticipated costs or savings to persons other than 
small business, businesses, or local government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule will increase the stack 
testing requirements for existing sources. Sources will now be required to 
conduct annual stack tests for nine pollutants.  The exact cost to conduct 
these stack tests is unknown.  Sources may also need to install new control 
equipment, which, depending on the equipment needed to meet the new 
standards, could range in price from between $50,000 to $1,000,000.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will increase the stack testing requirements for 
existing sources. Sources will now be required to conduct annual stack tests 
for nine pollutants.  The exact cost to conduct these stack tests is unknown.  
Sources may also need to install new control equipment, which, depending on 
the equipment needed to meet the new standards, could range in price from 
between $50,000 to $1,000,000.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35530.htm

No. 35529 (Amendment): R307-415-2. Authority.
SUMMARY OF THE RULE OR CHANGE:  Language was added in Section R307-415-2 that 
states all references to 40 CFR in Rule R307-415, except when otherwise 
specified, are effective as of the date referenced in Section R307-101-3.  
Section R307-101-3 is the rule that specifies which version of the CFR is 
incorporated throughout Title R307 rules.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this amendment only clarifies which version of 
the CFR is incorporated into the rule, there are no anticipated costs or 
savings to the state budget.
- LOCAL GOVERNMENTS:  Because this amendment only clarifies which version of 
the CFR is incorporated into the rule, there are no anticipated costs or 
savings to local government.
- SMALL BUSINESSES:  Because this amendment only clarifies which version of 
the CFR is incorporated into the rule, there are no anticipated costs or 
savings to local government.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this amendment only clarifies which version of the CFR is 
incorporated into the rule, there are no anticipated costs or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated compliance 
costs for affected persons as all of these rules are currently in effect and 
sources are already subject to any of the costs that may result.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no appreciable costs for business as this rule simply 
clarifies which version of of the CFR is being incorporated into the rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35529.htm



INSURANCE
ADMINISTRATION
No. 35543 (Amendment): R590-142. Continuing Education Rule.
SUMMARY OF THE RULE OR CHANGE:  The changes to this rule require a producer 
in the defined contribution arrangement market to take a minimum of two hours 
of continuing education every two years on the use of the Utah Health 
Exchange and premium assistance programs.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The department has seen a very small increase in 
workflow from CE providers seeking approval for new courses.  So far four 
non-profit organizations have applied to provide the training required in 
H.B. 128.  These however were non-profit providers and were not required to 
pay an annual licensing fee of $270.
- LOCAL GOVERNMENTS:  This rule and its changes will have no fiscal impact on 
local government since it relates only to the relationship between the 
department and its licensees.
- SMALL BUSINESSES:  The change to this rule has opened the door for CE 
providers to create new courses for those insurance producers required to 
take them.  So far two of the four CE providers offering these courses are 
not charging for this training and two are.  Providers have the freedom to 
determine what they will charge for their courses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Since the total number of CE hours has not changed, the changes to 
this rule will have no fiscal impact on producers that are a part of the 
Health Exchange.  Consumers will only be affected in that the producer 
providing information on the Health Exchange and premium assistance programs 
will be better educated and better able to direct them to the coverage right 
for the consumer.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Producers will not be financially 
impacted since the total number of CE hours has not changed.  Consumers will 
only be affected in that the producer providing information on the Health 
Exchange and premium assistance programs will be better educated and better 
able to direct them to the coverage right for the consumer.  CE providers so 
far have had no cost to become CE providers for this training and only two of 
the four providers are charging students who take their courses.  It is not 
expected that there will be very many more CE providers apply to give this 
training.  Those already providing training are also the ones that assisted 
with the creation of the Health Exchange and premium assistance programs and 
so are most knowledgeable about them.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These changes may have a small impact on CE providers who have 
or will create CE courses and charge an attendance fee.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35543.htm



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 35520 (Amendment): R657-5. Taking Big Game.
SUMMARY OF THE RULE OR CHANGE:  The proposed revision to the above listed 
rule amends the Youth General Any Bull Elk hunt to include antlerless elk.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment only adds opportunity to harvest an elk 
to those youth who draw the Youth General Any Bull Elk tag, it does not 
increase workload for the agency therefore, the Division of Wildlife 
Resources (DWR) determines that this amendment does 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 adds opportunity to harvest 
an elk to those who draw the Youth General Any Bull Elk tag it does not place 
additional requirements on individual hunters or the local governments, the 
division finds that this filing does not create any direct cost or savings 
impact to local governments.  Nor are local governments indirectly impacted 
because the rule does not create a situation requiring services from local 
governments.
- SMALL BUSINESSES:  This amendment increases opportunity to harvest for 
those youth who are successful in drawing the tag, it does not have the 
potential to generate a cost or savings impact to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This amendment increases opportunity to harvest for those youth who 
are successful in drawing the tag, it does not have the potential to generate 
a cost or savings impact to sportsmen or the other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  DWR determines that this amendment 
will not create additional costs for those who participate in wildlife 
related activities in Utah.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not have a potential to 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 01/31/2012
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:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35520.htm



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 35508 (Amendment): R746-100. Practice and Procedures Governing Formal 
Hearings.
SUMMARY OF THE RULE OR CHANGE:  Committee of Consumer Services with the 
Department of Commerce name has been changed to Utah Office of Consumer 
Services.  Format in which pleadings need to be filed with the commission 
have been updated to reflect current technologies.  Format in which 
confidential documents are filed has been changed from paper copy only to 
paper and electronic format.  Some nonsubstantive, as well as grammatical 
changes have been made in the process.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule does not affect state budget.  The rule was 
reviewed to update technological changes to be consistent with today's 
technology, other grammatical changes were made in the process.  No 
measurable monetary effects.
- LOCAL GOVERNMENTS:  This rule does not affect local government.  The rule 
was reviewed to update technological changes to be consistent with today's 
technology, other grammatical changes were made in the process.  No 
measurable monetary effects.
- SMALL BUSINESSES:  This rule does not affect small businesses.  The rule 
was reviewed to update technological changes to be consistent with today's 
technology, other grammatical changes were made in the process.  No 
measurable monetary effects.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule does not affect other persons.  The rule was reviewed to 
update technological changes to be consistent with today's technology, other 
grammatical changes were made in the process.  No measurable monetary 
effects.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance costs for affected 
persons.  The rule was reviewed to update technological changes to be 
consistent with today's technology, other grammatical changes were made in 
the process.  No measurable monetary effects.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Because this rule was reviewed to update technological changes 
to be consistent with today's technology and other grammatical changes the 
rule will not have a fiscal impact.  The Public Service Commission has 
carefully reviewed this rule and desires to update references to current 
usage of document retention technology.  The changes update the way in which 
confidential or highly sensitive documents can be handled now, reflecting the 
Commission's new ability to store and segregate them electronically.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Clark by phone at 801-530-6709, by FAX at 801-530-6796, or by 
Internet E-mail at drexclark@utah.gov
- Melanie Reif, by FAX at 801-530-6511, or by Internet E-mail at 
mreif@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35508.htm

No. 35505 (Amendment): R746-310-1. General Provisions.
SUMMARY OF THE RULE OR CHANGE:  Changes the reference from "R746-100-16" to 
"R746-100-15" in Subsection R746-310-1(A)(2).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Amendment does not affect state budget, Public Service 
Commission (PSC) only changed a typographical error in the rule.
- LOCAL GOVERNMENTS:  Amendment does not affect local government, PSC only 
changed a typographical error in the rule.
- SMALL BUSINESSES:  Amendment does not affect small businesses, PSC only 
changed a typographical error in the rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Amendment does not affect persons other than small businesses, 
businesses or local government entities, PSC only changed a typographical 
error in the rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No costs involved with this 
amendment, PSC only changed a typographical error in the rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The PSC identified a typo in Section R746-310-1.  The reference 
to "R746-100-16" in Subsection R746-310-1(A)(2) needs to be changed to 
reflect the correct rule, "R746-100-15", that addresses "Deviations from 
Rules".  This change will not affect businesses except to eliminate any 
confusion caused by the incorrect citation.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Clark by phone at 801-530-6709, by FAX at 801-530-6796, or by 
Internet E-mail at drexclark@utah.gov
- Melanie Reif, by FAX at 801-530-6511, or by Internet E-mail at 
mreif@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35505.htm

No. 35509 (Repeal): R746-342. Rule on One-Way Paging.
SUMMARY OF THE RULE OR CHANGE:  The rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Repeal will not affect the state budget because the 
Commissions' statutory authority is clear and the rule is unnecessary.
- LOCAL GOVERNMENTS:  Repeal will not affect the local government because the 
Commissions' statutory authority is clear and the rule is unnecessary.
- SMALL BUSINESSES:  Repeal will not affect small businesses because the 
Commissions' statutory authority is clear and the rule is unnecessary.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Repeal will not affect other persons because the Commissions' 
statutory authority is clear and the rule is unnecessary.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Repeal will not create or reduce 
compliance costs because the Commission's statutory jurisdiction remains 
unchanged.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The rule dates to a time before wireless services when pagers 
were in prominent use.  It may have been helpful to the general public then 
to emphasize that Commission jurisdiction over telecommunications services 
does not extend to one-way communications devices.  The limits of the 
Commission's jurisdiction, however, are clear in the enabling statutes.  The 
rule is unnecessary.  Additionally, one-way paging services have been 
supplanted by cell phone services.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Clark by phone at 801-530-6709, by FAX at 801-530-6796, or by 
Internet E-mail at drexclark@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35509.htm

No. 35507 (Amendment): R746-405-2. Format and Construction of Tariffs.
SUMMARY OF THE RULE OR CHANGE:  Changed the amount of copies to be submitted 
to the commission from 10 to 2 copies.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No affect to the state budget, only a change regarding 
number of copies to be filed.
- LOCAL GOVERNMENTS:  No affect to the local government, only a change 
regarding number of copies to be filed.
- SMALL BUSINESSES:  No affect to small businesses except slight savings to a 
utility filing tariffs due to reducing the number of copies to be filed.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No affect to persons other than small businesses, businesses or 
local government entities, only a change regarding number of copies to be 
filed.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Slight compliance cost savings due to 
reducing the number of tariff copies to be filed with the commission.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  In an effort to update some of the PSC's rules, it was found 
that not as many copies of tariffs submitted were needed as the rule now 
requires.  The PSC has the number of copies to be filed from 10 to 1 original 
and 2 copies.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Clark by phone at 801-530-6709, by FAX at 801-530-6796, or by 
Internet E-mail at drexclark@utah.gov
- Melanie Reif, by FAX at 801-530-6511, or by Internet E-mail at 
mreif@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35507.htm

No. 35506 (Repeal): R746-800. Working 4 Utah Operations.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Due to legislative changes this rule is no longer 
applicable and can be eliminated.  No affect to state budget.
- LOCAL GOVERNMENTS:  The change could affect local government if an employee 
needs to leave their place of employment early to deliver filings before 5 
p.m.
- SMALL BUSINESSES:  The change could affect small businesses if an employee 
needs to leave their place of employment early to deliver filings before 5 
p.m.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The change could affect small businesses, businesses or local 
government entities if an employee needs to leave their place of employment 
early to deliver documents before 5 p.m.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This is a repealed rule changing the 
office hours due to legislative changes.  The rule is no longer applicable 
and can be eliminated.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule was put into place in August 2008 with the Working 4 
Utah Initiative.   Due to legislative changes, this rule is no longer 
applicable and can be eliminated.  Commission office hours are now Monday 
through Friday 8 am to 5 pm.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Clark by phone at 801-530-6709, by FAX at 801-530-6796, or by 
Internet E-mail at drexclark@utah.gov
- Melanie Reif, by FAX at 801-530-6511, or by Internet E-mail at 
mreif@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35506.htm



SCHOOL AND INSTITUTIONAL TRUST LANDS
ADMINISTRATION
No. 35542 (New Rule): R850-41. Rights of Entry.
SUMMARY OF THE RULE OR CHANGE:  The proposed new rule being filed is the 
exact same rule as was previously being used by the School and Institutional 
Trust Lands Administration.  No changes have been made to the wording of the 
proposed rule.  The rule was inadvertently allowed to expire and the Utah 
Administrative Rulemaking Act requires that the Agency file a new rule in 
order to continue issuing and managing existing rights of entry.  (DAR NOTE:  
A corresponding 120-day (emergency) Rule R850-41 that is effective as of 
12/14/2011 is under DAR No. 35541 in this issue, January 1, 2012, of the 
Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this proposed new rule is an exact replacement 
of the previously enacted rule, there will be no additional costs or savings 
to the state budget.
- LOCAL GOVERNMENTS:  Because this proposed new rule is an exact replacement 
of the previously enacted rule, there are no additional costs or savings to 
local government.
- SMALL BUSINESSES:  Because this proposed new rule is an exact replacement 
of the previously enacted rule, there will be no additional costs or savings 
to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this proposed new rule is an exact replacement of the 
previously enacted rule which lapsed, there are no additional costs or 
savings to persons other than small businesses, businesses, or local 
governmental entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this proposed new rule is an 
exact replacement of the previously enacted rule which lapsed, there are no 
additional compliance costs for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will continue to benefit businesses through allowing 
short-term commercial use of trust lands.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by 
Internet E-mail at kimchristy@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35542.htm



TAX COMMISSION
AUDITING
No. 35510 (Amendment): R865-3C-1. Allocation of Net Income Pursuant to Utah 
Code Ann. Section 59-7-204.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment updates this rule to 
match statutory changes regarding when an out-of-state corporation with Utah 
income shall attribute receipts arising from royalties and intangible 
property to the state.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--The amendments update the rule to match current 
statute and processes.
- LOCAL GOVERNMENTS:  None--The amendments update the rule to match current 
statute and processes.
- SMALL BUSINESSES:  None--The amendments update the rule to match current 
statute and processes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--The amendments update the rule to match current statute and 
processes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The amendments update the rule 
to match current statute and processes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Because this amendment conforms the rule to statute and current 
process, the Division anticipates no fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35510.htm

No. 35511 (Amendment): R865-19S-32. Leases and Rentals Pursuant to Utah Code 
Ann. Section 59-12-103.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment clarifies that fuel 
charges in a transaction for the lease or rental of a motor vehicle are not 
subject to sales tax if the fuel charges are optional and separately stated.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--The proposed amendment mirrors industry practice.
- LOCAL GOVERNMENTS:  None. The proposed amendment mirrors industry practice.
- SMALL BUSINESSES:  None--The proposed amendment mirrors industry practice.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--The proposed amendment mirrors industry practice.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The proposed amendment mirrors 
industry practice.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Because the amendment mirrors industry practice, the Division 
anticipates no fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35511.htm


MOTOR VEHICLE ENFORCEMENT
No. 35512 (Amendment): R877-23V-20. Reasonable Cause to Deny, Suspend, or 
Revoke a License Issued Under Title 41, Chapter 3 Pursuant to Utah Code Ann. 
Section 41-3-209.
SUMMARY OF THE RULE OR CHANGE:  The proposed section indicates that 
reasonable cause to deny, suspend, or revoke a license issued under Title 41, 
Chapter 3, does not exist if an applicant:  1) indicates on the application 
form any violations of state or federal law listed under Subsection 41-3-
209(2); 2) has completed any court-ordered probation or parole, or met the 
conditions of a plea in abeyance; and 3) has paid any required restitution or 
fines.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--The proposed section matches agency practice.
- LOCAL GOVERNMENTS:  None--The proposed section matches agency practice.
- SMALL BUSINESSES:  None--The proposed section matches agency practice.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--The proposed section matches agency practice.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--Prior to the passage of the 
section, applicants who met these conditions were denied a license up front 
and required to appeal to the Commission.  Once the section passes, these 
applicants will be granted a license up front and not required to appeal the 
denial to the Commission.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This amendment may reduce the fiscal impact on applicants who 
may avoid an appeal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35512.htm

No. 35513 (Amendment): R877-23V-21. Automated License Plate Recognition 
System Pursuant to Utah Code Ann. Section 41-3-105.
SUMMARY OF THE RULE OR CHANGE:  The proposed section is drafted at the 
direction of the Administrative Rules Review Committee.  The purpose of the 
section is to provide the following criteria for the automated license plate 
recognition (ALPR) system used by the Motor Vehicle Enforcement Division:  
length of time data is stored in the system, who has access to the 
information in the system, what the system information may be used for, and 
whether the system information is protected.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--The proposed section matches agency practice.
- LOCAL GOVERNMENTS:  None--The proposed section matches agency practice.
- SMALL BUSINESSES:  None--The proposed section matches agency practice.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--The proposed section matches agency practice.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The proposed section matches 
agency practice.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This section matches current agency practice yielding no fiscal 
impact proposed.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35513.htm


PROPERTY TAX
No. 35514 (Amendment): R884-24P-62. Valuation of State Assessed Unitary 
Properties Pursuant to Utah Code Ann. Section 59-2-201.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment incorporates public 
comments into the rule, defining the term "non-mobile flight equipment," 
modifying the term "aircraft valuation manual" to "aircraft pricing guide" to 
match industry terminology, clarifying the meaning of an aircraft pricing 
guide, and indicating that value estimates from an aircraft pricing guide 
shall when possible be included in an appraisal report.  None of these 
amendments substantively impact the administration of this section.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Property tax revenues are local revenues.
- LOCAL GOVERNMENTS:  None--These amendments clarify the amendments adopted 
12/09/2010.
- SMALL BUSINESSES:  None--These amendments clarify the amendments adopted 
12/09/2010.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--These amendments clarify the amendments adopted 12/09/2010.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--These amendments clarify the 
amendments adopted 12/09/2010.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These clarifying amendments have no fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35514.htm



TRANSPORTATION
OPERATIONS, MAINTENANCE
No. 35515 (Amendment): R918-3. Snow Removal.
SUMMARY OF THE RULE OR CHANGE:  The rule describes the circumstances where 
UDOT will provide snow removal services, and where such responsibility is 
left to local governments or private owners.  In regard to snow removal 
service on roads leading to for-profit winter recreation areas, a complicated 
formula designed to calculate whether such a road segment was eligible for 
service was removed and replaced with simplified language that allows more 
discretion to the Region Director.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The change neither adds to nor subtracts from the amount 
of service currently provided for most winter recreational areas.  However, 
under the revised rule, Eagle Point Ski Area in Beaver County could become 
eligible for snow removal service, which would be an added cost to the state 
of approximately $200,000 per year.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government because the changes only affect one winter recreation area.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses because the changes only affect one winter recreation area.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities because the changes only 
affect one winter recreation area.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated compliance 
costs for affected persons because the changes only affect one winter 
recreation area and the affect would be to its benefit.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  For most ski resorts, the revised rule will represent no change, 
and therefore have no fiscal impact to the operation.  The change positively 
affects Eagle Point Ski Resort, as it did not previously qualify for weekend 
or holiday snow removal service under several essential service requirements.  
However, in order to receive snow removal service, Eagle Point will have to 
provide parking away from the highway, and commit to keeping that parking 
clear.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Linda Barrow by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at lindabarrow@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35515.htm


PRECONSTRUCTION
No. 35516 (Amendment): R930-3. Highway Noise Abatement.
SUMMARY OF THE RULE OR CHANGE:  Proposed changes to this rule include the 
following:  1) noise studies must now be prepared for projects that involve 
adding auxiliary lanes or interchange ramps; 2) to be considered reasonable, 
noise abatement measures must achieve at least 8 decibels of noise reduction 
at receptors nearest the highway. (The old criteria was 5 decibels of noise 
reduction); 3) the definition of a "benefited" noise receptor has been 
revised.  A benefited receptor is a noise receptor that would receive an 8 
decibel decrease in noise as a result of abatement measures.  (The old 
criterion was a 5 decibel decrease to be considered benefited); and 4) 
residents (renters) must be allowed to vote for or against noise abatement 
measures.  Property owner's votes will be weighted by a factor of 5 compared 
to a weighting factor of 1 for residents (renters) votes.  (Previously, only 
property owners voted for or against noise abatement measures).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because the proposed amendment only incorporates changes to federal 
regulations which are already in place.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government because the proposed amendment only incorporates changes to 
federal regulations which are already in place.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses because the proposed amendment only incorporates changes to 
federal regulations which are already in place.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities because the proposed 
amendment only incorporates changes to federal regulations which are already 
in place.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated compliance 
costs because the proposed amendment only incorporates changes to federal 
regulations which are already in place.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses because the 
proposed amendment only incorporates changes to federal regulations which are 
already in place.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Linda Barrow by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at lindabarrow@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35516.htm




3.  NOTICES OF CHANGES IN PROPOSED RULES

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

While the law does not designate a comment period for a Change in Proposed 
Rule, it does provide for a 30-day waiting period.  An agency may accept 
additional comments during this period, and, at its option, may designate a 
comment period or may hold a public hearing.  The 30-day waiting period for 
Changes in Proposed Rules published in Utah State Bulletin ends January 31, 
2012.

From the end of the 30-day waiting period through April 30, 2012, an agency 
may notify the Division of Administrative Rules that it wants to make the 
Change in Proposed Rule effective.  When an agency submits a Notice of 
Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by 
the Change in Proposed Rule becomes the effective rule.  The agency sets the 
effective date.  The date may be no fewer than 30 days nor more than 120 days 
after the publication of the Change in Proposed Rule.  If the agency 
designates a public comment period, the effective date may be no fewer than 
seven calendar days after the close of the public comment period nor more 
than 120 days after the publication date.  Alternatively, the agency may file 
another Change in Proposed Rule in response to additional comments received.  
If the Division of Administrative Rules does not receive a Notice of 
Effective Date or another Change in Proposed Rule by the end of the 120-day 
period after publication, the Change in Proposed Rule filings, along with its 
associated Proposed Rule, lapses and the agency must start the process over. 

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


TRANSPORTATION
MOTOR CARRIER
No. 35256 (Change in Proposed Rule): R909-19. Safety Regulations for Tow 
Truck Operations - Tow Truck Requirements for Equipment, Operation and 
Certification.
SUMMARY OF THE RULE OR CHANGE:  This change removes "credit cards, cash and 
checkbook" from the proposed definition of "life-essential personal 
property."  (DAR NOTE:  This change in proposed rule has been filed to make 
additional changes to a proposed amendment that was published in the October 
15, 2011, issue of the Utah State Bulletin, on page 41.  Underlining in the 
rule below indicates text that has been added since the publication of the 
proposed rule mentioned above; strike-out indicates text that has been 
deleted.  You must view the change in proposed rule and the proposed 
amendment together to understand all of the changes that will be enforceable 
should the agency make this rule effective.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because the change only affects tow truck carriers and owners of towed 
vehicles.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government because the change only affects tow truck carriers and owners of 
towed vehicles.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses because the change only affects tow truck carriers and owners of 
towed vehicles, other than the change will allow small businesses that are 
tow truck carriers to collect certain fees from cash left in towed vehicles.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities because the change only 
affects tow truck carriers and owners of towed vehicles.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no anticipated compliance 
costs for affected persons because the change only affects tow truck carriers 
and owners of towed vehicles, except that owners of towed vehicles may have 
certain fees collected from cash they leave in their vehicle.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The only fiscal impact on businesses is that the change will 
allow businesses that are tow truck carriers to collect certain fees from 
cash left in towed vehicles.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 01/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Linda Barrow by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at lindabarrow@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35256.htm




4.  NOTICES OF 120-DAY (EMERGENCY) RULES

An agency may file a 120-Day (Emergency) Rule when it finds that the regular 
rulemaking procedures would:
(a) cause an imminent peril to the public health, safety, or welfare;
(b) cause an imminent budget reduction because of budget restraints or 
federal requirements; or
(c) place the agency in violation of federal or state law (Subsection 63G-3-
304(1)).

A 120-Day Rule is effective at the moment the Division of Administrative 
Rules receives the filing, or on a later date designated by the agency.  A 
120-Day Rule is effective for 120 days or until it is superseded by a 
permanent rule.

Because 120-Day Rules are effective immediately, the law does not require a 
public comment period.  However, when an agency files a 120-Day Rule, it 
usually files a Proposed Rule at the same time, to make the requirements 
permanent.  Comment may be made on the Proposed Rule.

Emergency or 120-Day Rules are governed by Section 63G-3-304; and Section 
R15-4-8.


SCHOOL AND INSTITUTIONAL TRUST LANDS
ADMINISTRATION
No. 35541 (Emergency Rule): R850-41. Rights of Entry.
SUMMARY OF THE RULE OR CHANGE:  The proposed new rule is identical to the 
rights of entry program rule which expired.  This rule governs the issuance 
and management of rights of entry and allows the agency to extend the right 
to others to enter upon trust lands and conduct non-disturbing, short-term 
activities for the benefit of the various trust beneficiaries.  This 
emergency rule will allow the agency to remain in compliance with statute 
until such time as a new rule can be made effective.  (DAR NOTE:  The 
proposed new Rule R850-41 is under DAR No. 35542 in this issue, January 1, 
2012, of the Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal 
or state law.
JUSTIFICATION:  State law, as cited above, requires the agency to maintain 
rules for the disposition of trust lands.  If the proposed rule is not 
enacted, the agency will not be in compliance with state statute.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule is in essence a re-enactment of the previously 
expired rule so there will be no addition cost or savings to state budget 
beyond what previously existed.
- LOCAL GOVERNMENTS:  This rule is in essence a re-enactment of the 
previously expired rule, and there will not be any additional cost or savings 
to local government beyond what previously existed.
- SMALL BUSINESSES:  This rule is essentially a re-enactment of the 
previously expired rule and there will not be any additional costs or savings 
to small businesses beyond what previously existed.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule is essentially a re-enactment of the previously expired 
rule and there will not be any additional costs or savings to persons other 
than small businesses, businesses, or local government entities than what 
previously existed.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule is essentially a re-
enactment of the previously expired rule and there are no additional 
compliance costs for affected persons beyond what previously existed.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will continue to benefit businesses through allowing 
short-term commercial use of trust lands.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by 
Internet E-mail at jandrews@utah.gov
EFFECTIVE:  12/14/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35541.htm




5.  FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

Within five years of an administrative rule's original enactment or last 
five-year review, the agency is required to review the rule.  This review is 
intended to remove obsolete rules from the Utah Administrative Code.  Upon 
reviewing a rule, an agency may:  repeal the rule by filing a Proposed Rule; 
continue the rule as it is by filing a Notice of Review and Statement of 
Continuation (Notice); or amend the rule by filing a Proposed Rule and by 
filing a Notice.  By filing a Notice, the agency indicates that the rule is 
still necessary. 

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

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


FINANCIAL INSTITUTIONS
BANKS
No. 35517 (5-year Review): R333-13. Rule Designating Applicable Federal Law 
for Banks Subject to the Jurisdiction of the Department of Financial 
Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section 7-1-325 requires that the department designate, by rule, which one or 
more federal laws are applicable to an institution subject to the 
jurisdiction of the department.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  12/09/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35517.htm


INDUSTRIAL LOAN CORPORATIONS
No. 35518 (5-year Review): R339-12. Rule Designating Applicable Federal Law 
for Industrial Loan Corporations Subject to the Jurisdiction of the 
Department of Financial Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section 7-1-325 requires that the department designate, by rule, which one or 
more federal laws are applicable to an institution subject to the 
jurisdiction of the department.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  12/09/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35518.htm



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 35519 (5-year Review): R657-20. Falconry.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R657-20 provides the requirements, procedures, and standards for 
possessing and using raptors for falconry.  The provisions adopted in this 
rule are effective in providing the requirements, procedures, and standards 
for managing the falconry program.  Continuation of this rule is necessary 
for continued success of this program.
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
EFFECTIVE:  12/12/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35519.htm



PUBLIC EDUCATION JOB ENHANCEMENT PROGRAM
JOB ENHANCEMENT COMMITTEE
No. 35532 (5-year Review): R690-100. Public Education Job Enhancement Program 
Participant Eligibility and Requirements.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because it provides procedures for 
participation in the Public Education Job Enhancement Program.  There was no 
new money for Public Education Job Enhancement Program as of March 2011, but 
remaining funds continue to be distributed and monitored for previously 
identified educators.  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:  12/14/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35532.htm



PUBLIC SAFETY
PEACE OFFICER STANDARDS AND TRAINING
No. 35521 (5-year Review): R728-101. Public Petitions For Declaratory 
Rulings.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The continuation of this rule is necessary in order to establish the 
procedure under which an individual or agency may file a petition for a 
declaratory ruling to the Director of Peace Officer Standards and Training 
(POST).  This rule also establishes the procedures to be followed for the 
review and disposition of such petitions.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by 
Internet E-mail at ksparks@utah.gov
EFFECTIVE:  12/13/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35521.htm

No. 35522 (5-year Review): R728-401. Requirements for Approval and 
Certification of Peace Officer Basic Training Programs and Applicants.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule establishes the statutorily required standards and qualifications 
for peace officer training and for peace officer certification.  It is 
necessary to continue this rule so the standards and qualifications 
established by the rule will be maintained.  The division has received no 
public comments, in the past five years, calling any portion of this rule 
into question.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by 
Internet E-mail at ksparks@utah.gov
EFFECTIVE:  12/13/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35522.htm

No. 35523 (5-year Review): R728-402. Application Procedures to Attend a Basic 
Peace Officer Training 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 establishes the application procedures that allow the division to 
ensure the statutorily required standards and qualifications for peace 
officer training and for peace officer certification are met.  It is 
necessary to continue this rule so the established application procedures 
will be understood and maintained.  The division has received no public 
comments, in the past five years, calling any portion of this rule into 
question.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by 
Internet E-mail at ksparks@utah.gov
EFFECTIVE:  12/13/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35523.htm

No. 35524 (5-year Review): R728-403. Qualifications For Admission To 
Certified Peace Officer Training Academies.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule establishes the qualifications required to admit an individual into 
a peace officer training academy as referenced in Section 53-6-203.  It is 
necessary to continue this rule in order to establish procedures that will 
ensure individuals entering into a certified training academy meet the 
statutory requirements.  The division has received no public comments in the 
past five years calling any portion of this rule into question.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by 
Internet E-mail at ksparks@utah.gov
EFFECTIVE:  12/13/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35524.htm

No. 35525 (5-year Review): R728-404. Basic Training Basic Academy Rules.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule establishes rules which must be followed by a certified training 
academy in order to ensure all statutory requirements are met.  It is 
necessary to continue this rule in order to establish procedures that will 
ensure individuals attending a certified training academy meet the statutory 
requirements.  The division has received no public comments in the past five 
years calling any portion of this rule into question.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kelly Sparks by phone at 801-256-2321, by FAX at 801-256-0600, or by 
Internet E-mail at ksparks@utah.gov
EFFECTIVE:  12/13/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35525.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).


SCHOOL AND INSTITUTIONAL TRUST LANDS
ADMINISTRATION
No. 35528 (Expired): R850-41. Rights of Entry.
SUMMARY:  The agency failed to file the five-year review on this rule by the 
deadline of 12/12/2011.  Therefore, the rule has expired and will be removed 
from the Administrative Code.  (DAR NOTE:  The agency has filed a 120-day 
(emergency) Rule R850-41 that is effective 12/14/2011 under DAR No. 35541 
(this puts the rule back in place) and a proposed new Rule R850-41 under DAR 
No. 35542 in this issue, January 1, 2012, of the Bulletin.)
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nancy Lancaster by phone at 801-538-3218, by FAX at 801-359-0759, or by 
Internet E-mail at nllancaster@utah.gov
EFFECTIVE:  12/13/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120101/35528.htm




7.  NOTICES OF RULE EFFECTIVE DATES

State law provides for agencies to make their rules effective and enforceable 
after publication in the Utah State Bulletin. In the case of Proposed Rules 
or Changes in Proposed Rules with a designated comment period, the law 
permits an agency to file a notice of effective date any time after the close 
of comment plus seven days. In the case of Changes in Proposed Rules with no 
designated comment period, the law permits an agency to file a notice of 
effective date on any date including or after the thirtieth day after the 
rule's publication date. If an agency fails to file a Notice of Effective 
Date within 120 days from the publication of a Proposed Rule or a related 
Change in Proposed Rule the rule lapses and the agency must start the 
rulemaking process over.

Notices of Effective Date are governed by Subsection 63G-3-301(12), 63G-3-
303, and Sections R15-4-5a and 5b. 


ADMINISTRATIVE SERVICES
FACILITIES CONSTRUCTION AND MANAGEMENT
No. 35333  (NEW): R23-32.  Rules of Procedure for Conduct of Utah State 
Building Board Meetings
Published:  11/01/2011
Effective:  12/09/2011



CAREER SERVICE REVIEW OFFICE
ADMINISTRATION
No. 35089  (AMD): R137-1-2.  Definitions
Published:  08/15/2011
Effective:  12/09/2011



EDUCATION
ADMINISTRATION
No. 35341  (AMD): R277-106.  Utah Professional Practices Advisory Commission 
Appointment Process
Published:  11/01/2011
Effective:  12/08/2011

No. 35342  (AMD): R277-401.  Child Abuse-Neglect Reporting by Education 
Personnel
Published:  11/01/2011
Effective:  12/08/2011

No. 35343  (AMD): R277-419.  Pupil Accounting
Published:  11/01/2011
Effective:  12/08/2011

No. 35344  (AMD): R277-422.  State Supported Voted Leeway, Local Board-
Approved Leeway and Local Board Leeway for Reading Improvement Programs
Published:  11/01/2011
Effective:  12/08/2011

No. 35345  (AMD): R277-424.  Indirect Costs for State Programs
Published:  11/01/2011
Effective:  12/08/2011

No. 35346  (AMD): R277-477.  Distribution of Funds from the Interest and 
Dividend Account (School LAND Trust Funds) and Administration of the School 
LAND Trust Program
Published:  11/01/2011
Effective:  12/08/2011

No. 35347  (AMD): R277-600-10.  Special Transportation Levy
Published:  11/01/2011
Effective:  12/08/2011

No. 35348  (AMD): R277-914.  Applied Technology Education (ATE) Leadership
Published:  11/01/2011
Effective:  12/08/2011



ENVIRONMENTAL QUALITY
AIR QUALITY
No. 35222  (AMD): R307-121.  General Requirements: Clean Air and Efficient 
Vehicle Tax Credit
Published:  10/01/2011
Effective:  01/01/2012



GOVERNOR
ECONOMIC DEVELOPMENT, PETE SUAZO UTAH ATHLETIC COMMISSION
No. 35200  (AMD): R359-1-301.  Qualifications for Licensure
Published:  09/15/2011
Effective:  12/15/2011

No. 35199  (AMD): R359-1-501.  Promoter's Responsibilities in Arranging a 
Contest
Published:  09/15/2011
Effective:  12/15/2011



HUMAN SERVICES
CHILD AND FAMILY SERVICES
No. 35310  (AMD): R512-205-4.  Investigation
Published:  11/01/2011
Effective:  12/08/2011



INSURANCE
ADMINISTRATION
No. 35103  (AMD): R590-192.  Unfair Accident and Health Claims Settlement 
Practices
Published:  08/15/2011
Effective:  12/08/2011

No. 35103  (CPR): R590-192.  Unfair Accident and Health Claims Settlement 
Practices
Published:  11/01/2011
Effective:  12/08/2011

No. 35104  (AMD): R590-203.  Health Grievance Review Process
Published:  08/15/2011
Effective:  12/08/2011

No. 35104  (CPR): R590-203.  Health Grievance Review Process
Published:  11/01/2011
Effective:  12/08/2011

No. 35331  (AMD): R590-225.  Submission of Property and Casualty Rate and 
Form Filings
Published:  11/01/2011
Effective:  12/08/2011

No. 35105  (AMD): R590-261.  Health Benefit Plan Adverse Benefit 
Determination
Published:  08/15/2011
Effective:  12/08/2011

No. 35105  (CPR): R590-261.  Health Benefit Plan Adverse Benefit 
Determinations
Published:  11/01/2011
Effective:  12/08/2011



LABOR COMMISSION
ADMINISTRATION
No. 35362  (AMD): R600-3-1.  Authority and Scope
Published:  11/01/2011
Effective:  12/08/2011



NATURAL RESOURCES
PARKS AND RECREATION
No. 35361  (NEW): R651-209.  Anchored and Beached Vessels
Published:  11/01/2011
Effective:  12/09/2011

No. 35330  (AMD): R651-637.  2011 Antelope Island State Park Special Mule 
Deer and Bighorn Sheep Hunt
Published:  11/01/2011
Effective:  12/09/2011



TAX COMMISSION
ADMINISTRATION
No. 35182  (AMD): R861-1A-24.  Formal Adjudicative Proceedings Pursuant to 
Utah Code Ann. Sections 59-1-502.5, 63G-4-206, and 63G-4-208
Published:  09/15/2011
Effective:  12/08/2011


PROPERTY TAX
No. 35332  (AMD): R884-24P-53.  2011 Valuation Guides for Valuation of Land 
Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-
2-515
Published:  11/01/2011
Effective:  12/08/2011



TRANSPORTATION
ADMINISTRATION
No. 35324  (AMD): R907-66.  Incorporation and Use of Federal Acquisition 
Regulations on Federal-Aid and State-Financed Transportation Projects
Published:  11/01/2011
Effective:  12/08/2011


OPERATIONS, AERONAUTICS
No. 35326  (AMD): R914-1.  Rules and Regulations of the Utah State 
Aeronautical Committee
Published:  11/01/2011
Effective:  12/08/2011



VETERANS' AFFAIRS
ADMINISTRATION
No. 35261  (NEW): R978-1.  Rule Governing Veterans' Affairs
Published:  10/15/2011
Effective:  12/10/2011




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 .


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