Utah State Digest, Vol. 2012, No. 2 (January 15, 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 16, 2011, 12:00 AM through January 3, 2012, 
11:59 PM


Volume 2012, No. 2
January 15, 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.  EDITOR'S NOTES

Delayed Notice, Publication, and Codification of the Expiration of Rule R105-
1
- Nancy Lancaster by phone at 801-538-3218, by FAX at 801-359-0759, or by 
Internet E-mail at nllancaster@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/ed152006.htm




2.  SPECIAL NOTICES

Notice for February 2012 Medicaid Rate Changes
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/sn151988.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 December 16, 2011, 12:00 a.m., and January 3, 
2012, 11:59 p.m. are summarized in this, the January 15, 2012, issue of the 
Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the January 15, 2012, issue of the Utah State Bulletin until at 
least February 14, 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 May 14, 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.


ADMINISTRATIVE SERVICES
PURCHASING AND GENERAL SERVICES
No. 35613 (Amendment): R33-3. Source Selection and Contract Formation.
SUMMARY OF THE RULE OR CHANGE:  This amendment makes changes to the bidding 
and procurement process as they related to technology acquisition.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  It is possible that cost savings may be obtained by 
state agencies for not having to conduct re-procurements for new technologies 
and/or upgrades.  It allows state agencies greater flexibility in conducting 
pilot tests of new technology which may reduce costs for research.
- LOCAL GOVERNMENTS:  It is possible that cost savings may be obtained by 
local governments for not having to conduct re-procurements for new 
technologies and/or upgrades.
- SMALL BUSINESSES:  May allow small business access to state agency 
technology opportunities to demonstrate or pilot new technology or 
upgrades/enhancements to existing technologies.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Cost savings may be realized by all government entities and all 
those doing or interesting in doing business with the state.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--There are no known compliance 
costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I foresee the potential for greater efficiencies in government 
through the ability of government entities being able to modify existing 
contracts for technology-related enhancements, provided the ability to modify 
was contained in the original solicitation, thereby reducing procurement-
related costs to vendors.  Potential state contractors will have the 
opportunity to pilot their technology and technology-related goods and 
services without a lengthy competitive process.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Mash by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet 
E-mail at pmash@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35613.htm



AGRICULTURE AND FOOD
PLANT INDUSTRY
No. 35566 (Repeal): R68-21. Standard of Identity for Honey.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will be no impact on the state budget, this only 
affects the numbering.
- LOCAL GOVERNMENTS:  The rule places no responsibilities on local 
government, this only affects the numbering.
- SMALL BUSINESSES:  There will be no impact on small business, this only 
affects the numbering.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no impact on persons other than small business, this 
only affects the numbering.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be no costs to this 
repeal, this only affects the numbering.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule is repealed and will become Rule R70-520.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Clair Allen by phone at 801-538-7180, by FAX at 801-538-7189, or by 
Internet E-mail at clairallen@utah.gov
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at kylestephens@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 01/11/2012 10:00 AM, Utah Department of Agriculture and Food, 350 N Redwood 
Rd, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35566.htm


REGULATORY SERVICES
No. 35612 (New Rule): R70-520. Standard of Identity and Labeling Requirements 
for Honey.
SUMMARY OF THE RULE OR CHANGE:  This new rule:  a) defines raw honey; b) 
defines pasteurized honey; c) provides criteria for labeling raw honey; d) 
requires non-floral honey to be labeled non-floral; and e) provides a 
standard of identity for honey.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Legislature allocated $8,000 for the enforcement of 
the new law.  Thus, any enforcement has, to this degree, been covered in the 
Department's budget.
- LOCAL GOVERNMENTS:  This rule places no responsibilities on local 
government.  There should be no cost or savings to them.
- SMALL BUSINESSES:  Honey producers will be the only impacted group.  Our 
research indicates that Utah honey producers already follow these 
requirements.  Honey producers from other states and nations may incur costs.  
This was not able to be determined.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed rule only applies to producers of honey.  No other 
persons will be impacted.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There could be compliance costs for 
honey producers not in Utah.  In our discussions with industry thus far, no 
costs have been identified.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule is required by Legislative amendments to the Utah 
Wholesome Food Act.  The Division has not identified costs to Utah producers, 
and will continue to research this and respond accordingly.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/01/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at kylestephens@utah.gov
- Richard Clark by phone at 801-538-7150, by FAX at 801-538-7126, or by 
Internet E-mail at richardwclark@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 02/13/2012 09:30 AM, Utah Department of Agriculture and Food, 350 N Redwood 
Road, Main Conference Room, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  03/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35612.htm



ALCOHOLIC BEVERAGE CONTROL
ADMINISTRATION
No. 35588 (Amendment): R81-1-6. Violation Schedule.
SUMMARY OF THE RULE OR CHANGE:  The statutory references for each violation 
have been updated from Title 32A to 32B due to the recodification of the 
Alcoholic Beverage Control Act (S.B. 167 passed in the 2010 General Session) 
which was effective 07/01/2011 and each section of the grid is renamed and 
renumbered to match up with Title 32B.  Violations have been added to 
coincide with the new and modified provisions of Title 32B (S.B. 314 and S.B. 
2002 passed by the 2011 Legislature) for each license type.  Three new 
sections have been added: one for the Resort License created by S.B. 187 
passed by the 2009 Legislature, and two for the new licenses created by S.B. 
314, passed by the 2011 Legislature; Beer Only Restaurant, and Reception 
Center.  These new sections contain analogous violations that pertain to 
existing licenses and new violations specific to the new licenses.  Degrees 
of seriousness have been established for the newly added violations that are 
analogous to the degrees of seriousness for existing violations.  For 
example: the penalty for allowing consumption during prohibited hours has 
existed in the club section in previous editions of the grid with a degree of 
"serious".  S.B. 314 made this a violation for all retail licenses and event 
permits, so the violation has been added to each retail and event permit 
license section in the grid with an assigned degree of "serious".   All 
degrees of seriousness for trade practice violations in the Local Industry 
Representative section have been changed to "grave" as required in Subsection 
R81-1-6(4)(d) of the rule and to correct an error in the previous edition of 
the violation grid.   Degrees of seriousness of violations that existed in 
the previous edition of the violation grid have not been changed.  All 
violations with the established degrees of seriousness that have been added 
to the violation grid are highlighted in yellow in the edition of the 
violation grid document that is incorporated by reference.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--The cost to the state is in holding violation 
hearings.  The cost is the same regardless of the classification of the 
violation.
- LOCAL GOVERNMENTS:  None--This rule amendment affects the DABC's 
adjudication of violations.  The proceedings take place on the state level 
and do not affect local governments.
- SMALL BUSINESSES:  Many licensees and permitees are small businesses with 
fewer than 50 employees.  Though it is not possible to determine an exact 
dollar amount, this amendment may affect those restaurants, clubs, and other 
DABC licensees and permitees that are cited for a violation and may have to 
suffer a fine and or a suspension.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Though it is not possible to determine an exact dollar amount, this 
amendment may affect employees of licensees and permitees who are cited for a 
violation and who may have to pay a fine or serve a suspension of employment.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--There are no compliance costs 
involved in this proposed amendment.  Existing adjudication procedures and 
violation penalty ranges have not been modified by this amendment.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be a fiscal impact on businesses cited for a 
violation of The Alcoholic Beverage Control Act if the adjudication of a 
violation results in a fine and/or suspension.  The resultant fine and/or 
suspension will negatively affect businesses and their employees.  However, 
this fiscal impact was contemplated by legislation that necessitated this 
proposed rule amendment (S.B. 187 passed by the 2009 Legislature; S.B. 167 
passed by the 2010 Legislature; and S.B. 314 and S.B. 2002 passed by the 2011 
Legislature).
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Earl Dorius by phone at 801-977-6800, by FAX at 801-977-6889, or by 
Internet E-mail at edorius@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35588.htm



CAPITOL PRESERVATION BOARD (STATE)
ADMINISTRATION
No. 35610 (Amendment): R131-13. Health Reform - Health Insurance Coverage in 
State Contracts - Implementation.
SUMMARY OF THE RULE OR CHANGE:  H.B. 128 of the 2011 General Session amended 
the benchmark requirements for health insurance coverage in state contracts.  
Other changes to the rule are to comply with state statutes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this amendment simply complies with state 
statute and has no fiscal impact.
- LOCAL GOVERNMENTS:  No cost or savings are anticipated for local 
governments with this amendment to the rule.  No new requirements were 
created with this amendment that impact local governments.
- SMALL BUSINESSES:  Enactment of this amendment simply complies with state 
statute and has no fiscal impact.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this amendment simply complies with state statute and 
has no fiscal impact.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Enactment of this amendment simply 
complies with state statute and has no fiscal impact.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As stated, the statute itself created any fiscal impacts.  The 
amendment to this rule does not add additional burdens than already provided 
by the statute.  This rule by itself will not have a fiscal impact on 
businesses because it merely reiterates the statutory requirements.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by 
Internet E-mail at abachman@utah.gov
- Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by 
Internet E-mail at agamble@utah.gov
- Chiarina Gleed by phone at 801-538-3240, by FAX at 801-538-3313, or by 
Internet E-mail at cgleed@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35610.htm



CAREER SERVICE REVIEW OFFICE
ADMINISTRATION
No. 35559 (Amendment): R137-1-21. The Evidentiary/Step 4 Adjudicatory 
Procedures.
SUMMARY OF THE RULE OR CHANGE:  The last sentence should read :  "To be 
timely the written request for reconsideration shall be filed within 20 days 
after the evidentiary/step 4 decision is issued as provided at Section 63G-4-
302."
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Reconsiderations have always been allowed.  
Therefore, it should not have a new impact on the state budget.
- LOCAL GOVERNMENTS:  None--Reconsiderations have always been allowed.  
Therefore, it should not have a new impact on local government.
- SMALL BUSINESSES:  None--Reconsiderations have always been allowed.  
Therefore, it should not have a new impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No one should be affected differently because reconsiderations have 
always been allowed.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--Reconsiderations have always 
been allowed.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After review of Subsection R137-1-21(12)(b), it was found that 
this rule cited the wrong statutory reference which resulted in outlining the 
wrong time period for a reconsideration.  Concerning fiscal impact the rule 
may have on business should be minimal if any, as a reconsideration has 
always been allowed.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Annette Morgan by phone at 801-538-3048, by FAX at 801-538-3081, or by 
Internet E-mail at amorgan@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35559.htm



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 35585 (Amendment): R156-83-502. Unprofessional Conduct.
SUMMARY OF THE RULE OR CHANGE:  In Section R156-83-502, five additional 
unprofessional conduct violations applicable to licensees under Title 58, 
Chapter 83, are being added.
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 online 
prescribers, online contract pharmacies and Internet facilitators, 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 online 
prescribers, online contract pharmacies and Internet facilitators, and 
applicants for licensure in those classifications.  Licensees and applicants 
for licensure may work in a small business; however, the proposed amendments 
would not directly affect the business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only apply to licensed online prescribers, 
online contract pharmacies and Internet facilitators, and applicants for 
licensure in those classifications. The proposed amendments will not result 
in any direct, measurable costs and/or benefits for affected persons but may 
require licensees to be more aware of the licensing law and rules so as not 
to violate them and potentially be subject to disciplinary action against a 
license.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only apply to 
licensed online prescribers, online contract pharmacies and Internet 
facilitators, and applicants for licensure in those classifications. The 
proposed amendments will not result in any direct, measurable costs and/or 
benefits for affected persons but may require licensees to be more aware of 
the licensing law and rules so as not to violate them and potentially be 
subject to disciplinary action against a licensee.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing establishes standards for the practice of 
online prescribing and defines conduct that constitutes unprofessional 
conduct.  It requires licensees to meet certain reporting and monitoring 
requirements, but no fiscal impact to businesses is anticipated from the 
amendments.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Noel Taxin by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet 
E-mail at ntaxin@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 02/14/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, 
Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35585.htm


SECURITIES
No. 35558 (New Rule): R164-101. Securities Fraud Reporting Program Act.
SUMMARY OF THE RULE OR CHANGE:  The rule sets forth the procedures for filing 
an application for an award under the Securities Fraud Reporting Program Act 
and the procedures for the making or denial of such award.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No additional costs or savings to the state budget are 
anticipated, as the rule simply describes the procedures through which a 
person may apply for an award under the Securities Fraud Reporting Program 
Act.
- LOCAL GOVERNMENTS:  No additional costs or savings to local government are 
anticipated, as local government is not involved with the Securities Fraud 
Reporting Program Act and the rule simply describes the procedures through 
which a person may apply for an award under the Act.
- SMALL BUSINESSES:  No additional costs or savings to small businesses are 
anticipated, as the rule simply describes the procedures through which a 
person may apply for an award under the Securities Fraud Reporting Program 
Act.  Small businesses are eligible to provide information and apply for an 
award under the Act.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No additional costs or savings are anticipated as the rule simply 
describes the procedures through which a person may apply for an award under 
the Securities Fraud Reporting Program Act.  Such persons are eligible to 
provide information and apply for an award under the Act.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
the Securities Fraud Reporting Program Act is a voluntary program through 
which persons providing information to the Utah Securities Division about a 
securities fraud may apply for and receive an award based upon monetary 
sanctions actually collected by the Division.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This proposed rule establishes procedures required by recent 
statutory amendments regarding awards for reporting securities fraud.  No 
fiscal impact to businesses is anticipated beyond those considered by the 
Legislature in passing the statutory amendments.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by 
Internet E-mail at clyons@utah.gov
- Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by 
Internet E-mail at kwoodwell@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35558.htm



HEALTH
ADMINISTRATION
No. 35571 (New Rule): R380-60. Local Health Department Emergency Protocols.
SUMMARY OF THE RULE OR CHANGE:  Section R380-60-1 makes it clear the rule 
only applies in a declared emergency.  Section R380-60-2 sets definitions for 
key terms used in the rule.  Section R380-60-3 sets the parameters for 
distribution of the medications.  Section R380-60-4 sets the parameters for 
dispensing the medications to persons.  Section R380-60-5 sets the parameters 
where the circumstances require administration of the medication to a person, 
such as a vaccine.  Section R380-60-6 sets record keeping requirements.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Responding to protect the health of the public is a core 
mission of the State Health Department.  This rule and the legislation that 
authorized the rule were supported by state and local health departments.  In 
the event of a major emergency, the costs could be significant to implement 
this rule, but necessary and unavoidable.  The advance planning allowed by 
this rule and other similar measures will minimize costs to the extent 
possible.
- LOCAL GOVERNMENTS:  Responding to protect the health of the public is a 
core mission of the Local Health Departments.  This rule and the legislation 
that authorized the rule were supported by state and local health 
departments.  In the event of a major emergency, the costs could be 
significant to implement this rule, but necessary and unavoidable.  The 
advance planning allowed by this rule and other similar measures will 
minimize costs to the extent possible.
- SMALL BUSINESSES:  Small health care providers and pharmacies will be 
benefited by this rule in the event of an emergency by having access to 
medications and health care expertise from public health professionals.  No 
costs for small business are predicted.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Health care providers and pharmacies will be benefited by this rule 
in the event of an emergency by having access to medications and health care 
expertise from public health professionals.  No costs for business are 
predicted.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance cost for business is 
predicted as state and local health departments will bear the burden of 
implementation.  Record keeping should be within normal business practice.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Any significant public health emergency that would trigger the 
authority of this rule will have significant health and potentially financial 
costs.  This rule and other preparations made by public health will mitigate 
those costs, but cannot avoid them entirely.  This important rule should 
benefit business and citizens to recover from any such event.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Robert Rolfs by phone at 801-538-6111, by FAX at 801-538-6306, or by 
Internet E-mail at rrolfs@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35571.htm

HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35584 (Amendment): R414-1-5. Incorporations by Reference.
SUMMARY OF THE RULE OR CHANGE:  Section R414-1-5 is changed to update the 
incorporation of the State Plan by reference to 01/01/2012.  It also 
incorporates by reference State Plan Amendments (SPAs) that become effective 
no later than 01/01/2012.  Four SPAs became effective since the last 
incorporation the State Plan.  These include SPA 11-001-UT Peer Support 
Services, which assists in the rehabilitation and recovery of individuals 
with serious and persistent mental illness or serious emotional disturbance; 
SPA 11-003-UT Exclusion of State Income Tax Returns from Countable Resources, 
which implements a resource exclusion under the Medicaid program to exclude a 
state tax refund for 12 months after receipt when an individual receives the 
refund between 04/01/2011, and 12/31/2012;  SPA 11-004-UT Medicaid 
Prohibition on Payments to Institutions or Entities Located Outside of the 
United States, which implements Section 6505 of the Affordable Care Act to 
prohibit payments to entities located outside of the United States that 
provide items or services under the State Plan or a waiver; and SPA 11-007-
UT, which updates the direct graduate medical education payment pool and 
modifies the supplemental state teaching hospital payments calculation.  This 
amendment also incorporates by reference the Medical Supplies Manual and List 
and the hospital services provider manual, effective 01/01/2012; incorporates 
by reference both the definitions and the attachment for the Private Duty 
Nursing Acuity Grid found in the Home Health Agencies Provider Manual, 
effective 01/01/2012; incorporates by reference the Speech-Language Services 
Provider Manual, effective 01/01/2012; incorporates by reference the 
Audiology Services Provider Manual, effective 01/01/2012; incorporates by 
reference the Hospice Care Provider Manual, effective 01/01/2012; 
incorporates by reference the Long Term Care Services in Nursing Facilities 
Provider Manual, with its attachments, effective 01/01/2012; incorporates by 
reference the Utah Home and Community-Based Waiver Services for Individuals 
65 or Older Provider Manual, effective 01/01/2012; incorporates by reference 
the Personal Care Provider Manual, with its attachments, effective 
01/01/2012; incorporates by reference the Utah Home and Community-Based 
Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older 
Provider Manual, effective 01/01/2012; incorporates by reference the Utah 
Home and Community-Based Waiver Services for Individuals with Intellectual 
Disabilities or Other Related Conditions Provider Manual, effective 
01/01/2012; incorporates by reference the Utah Home and Community-Based 
Waiver Services for Individuals with Physical Disabilities Provider Manual, 
effective 01/01/2012; incorporates by reference the Utah Home and Community-
Based Waiver Services New Choices Waiver Provider Manual, effective 
01/01/2012; and incorporates by reference the Utah Home and Community-Based 
Waiver Services for Technology Dependent, Medically Fragile Individuals 
(HCBWS) Provider Manual, effective 01/01/2012.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no budget impact because this change only 
fulfills the requirement to incorporate the State Plan by reference.  
Implementation of the State Plan is within legislative budget allotments.  
Further, the rule's incorporation of ongoing Medicaid policy described in the 
provider manuals does not create costs or savings to the Department or other 
state agencies.
- LOCAL GOVERNMENTS:  There is no budget impact because this change only 
fulfills the requirement to incorporate the State Plan by reference.  
Implementation of the State Plan is within legislative budget allotments.  
Further, the rule's incorporation of ongoing Medicaid policy described in the 
provider manuals does not create costs or savings to local governments.
- SMALL BUSINESSES:  There is no budget impact because this change only 
fulfills the requirement to incorporate the State Plan by reference.  
Implementation of the State Plan is within legislative budget allotments.  
Further, the rule's incorporation of ongoing Medicaid policy described in the 
provider manuals does not create costs or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no budget impact because this change only fulfills the 
requirement to incorporate the State Plan by reference.  Implementation of 
the State Plan is within legislative budget allotments.  Further, the rule's 
incorporation of ongoing Medicaid policy described in the provider manuals 
does not create costs or savings to other persons or entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
this change only fulfills the requirement to incorporate the State Plan by 
reference.  Implementation of the State Plan is within legislative budget 
allotments.  Further, the rule's incorporation of ongoing Medicaid policy 
described in the provider manuals does not create costs or savings to a 
single Medicaid recipient or provider.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule should not have a direct fiscal impact on business.  
Incorporation of the State Plan by this rule assures that the Medicaid 
program is implemented through administrative rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35584.htm

No. 35583 (Amendment): R414-401-5. Penalties and Interest.
SUMMARY OF THE RULE OR CHANGE:  This amendment outlines the penalties for 
delinquent deficiency assessments that include a suspension of all Medicaid 
payments, a negligence penalty, an intentional disregard penalty, and an 
intent to evade penalty.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department anticipates a possible savings to the 
state budget as a result of this amendment.  Nevertheless, there is not 
enough data to estimate how many nursing facilities will default on their 
assessment payments or what kinds of penalties they will incur.
- LOCAL GOVERNMENTS:  The Department anticipates a possible loss in revenue 
to local hospitals that default on their assessment payments.  Nevertheless, 
there is not enough data to estimate how many of these hospitals will default 
or what kinds of penalties they will incur.
- SMALL BUSINESSES:  The Department anticipates a possible loss in revenue to 
nursing facilities that default on their assessment payments.  Nevertheless, 
there is not enough data to estimate how many nursing facilities will default 
or what kinds of penalties they will incur.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department anticipates a possible loss in revenue to nursing 
facilities that default on their assessment payments.  Nevertheless, there is 
not enough data to estimate how many nursing facilities will default or what 
kinds of penalties they will incur.  Medicaid recipients will continue to 
receive nursing facility services and will not incur out-of-pocket expenses.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department anticipates a possible 
loss in revenue to a single nursing facility or to a local hospital that 
defaults on its assessment payment.  Nevertheless, there is not enough data 
to estimate the kinds of penalties that these facilities will incur.  A 
Medicaid recipient will continue to receive nursing facility services and 
will not incur out-of-pocket expenses.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule amendment implements the penalties provided for by the 
Legislature and assures that all facilities are treated fairly and equally in 
the event that payment of the assessment is not made on a timely basis.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35583.htm


FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING
No. 35581 (New Rule): R430-1. General Licensing, Certificate, and Enforcement 
Provisions, Child Care Facilities.
SUMMARY OF THE RULE OR CHANGE:  This proposed new rule specifies the 
processes for child care license and certificate application, issuance, 
changes, compliance assurance, and sanctions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Some state agencies operate or sponsor child care 
programs.  Because this rule does not substantially change the current 
licensing processes or fees, the Department does not anticipate that this 
rule will result in any new costs or savings to child care programs operated 
by state agencies.
- LOCAL GOVERNMENTS:  Some local governments operate or sponsor child care 
programs.  Because this rule does not substantially change the current 
licensing processes or fees, the Department does not anticipate that this 
rule will result in any new costs or savings to child care programs operated 
by local governments.
- SMALL BUSINESSES:  Almost all child care facilities are small businesses.  
Because this rule does not substantially change the current licensing 
processes or fees, the Department does not anticipate that this rule will 
result in any new costs or savings to child care programs operated by small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this rule does not alter requirements for child care 
providers, but rather moves the content of two other rules into this rule, 
the Department does not anticipate any new costs or savings to child care 
programs operated by local governments.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this rule does not change the 
current licensing processes or fees being moved to this rule from another 
rule, the Department does not anticipate that this rule will result in any 
new compliance costs to affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As requested by Governor Herbert, this rule was carefully 
reviewed with impacted business and other parties.  The proposed rule 
replaces two rules with streamlined and simplified language.  No new costs to 
business are expected by this new rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by 
Internet E-mail at twhiting@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35581.htm

No. 35579 (Repeal): R430-2. General Licensing Provisions, Child Care 
Facilities.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because the content of this rule is being moved to 
another rule, the costs that currently occur will continue.  Therefore, the 
agency does not anticipate any cost or savings associated with this repeal.
- LOCAL GOVERNMENTS:  Because the content of this rule is being moved to 
another rule, the costs that currently occur will continue.  Therefore, the 
agency does not anticipate any cost or savings associated with this repeal.
- SMALL BUSINESSES:  Because the content of this rule is being moved to 
another rule, the costs that currently occur will continue.  Therefore, the 
agency does not anticipate any cost or savings associated with this repeal.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because the content of this rule is being moved to another rule, 
the costs that currently occur will continue.  Therefore, the agency does not 
anticipate any cost or savings associated with this repeal.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because the content of this rule is 
being moved to another rule, the agency does not anticipate any increased 
costs for compliance.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As requested by Governor Herbert, this rule was carefully 
reviewed with impacted business and other parties. This rule will be repealed 
and replaced by a new Rule R430-1 with streamlined and simplified language.  
No new costs to business are expected by repeal of this rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by 
Internet E-mail at twhiting@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35579.htm

No. 35580 (Repeal): R430-3. General Child Care Facility Rules Inspection and 
Enforcement.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because the content of this rule is being moved to 
another rule, the costs that currently occur will continue.  Therefore, the 
agency does not anticipate any cost or savings associated with this repeal.
- LOCAL GOVERNMENTS:  Because the content of this rule is being moved to 
another rule, the costs that currently occur will continue.  Therefore, the 
agency does not anticipate any cost or savings associated with this repeal.
- SMALL BUSINESSES:  Because the content of this rule is being moved to 
another rule, the costs that currently occur will continue.  Therefore, the 
agency does not anticipate any cost or savings associated with this repeal.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because the content of this rule is being moved to another rule, 
the costs that currently occur will continue.  Therefore, the agency does not 
anticipate any cost or savings associated with this repeal.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because the content of this rule is 
being moved to another rule, the agency does not anticipate any increased 
costs for compliance.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As requested by Governor Herbert, this rule was carefully 
reviewed with impacted business and other parties.  This rule will be 
repealed and replaced by a new Rule R430-1 with streamlined and simplified 
language.  No new costs to business are expected by repeal of this rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by 
Internet E-mail at twhiting@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35580.htm

No. 35573 (Amendment): R430-6. Background Screening.
SUMMARY OF THE RULE OR CHANGE:  The change removes language related to 
criminal penalties for rule violations to reflect current state statute.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Some state agencies operate or sponsor child care 
programs.  However, because this amendment would not change any of the 
requirements for child care programs, the Department does not anticipate that 
this rule will result in any new costs or savings to child care programs 
operated by state agencies.
- LOCAL GOVERNMENTS:  Some local governments operate or sponsor child care 
programs.  However, because this amendment would not change any of the 
requirements for child care programs, the Department does not anticipate that 
this rule will result in any new costs or savings to child care programs 
operated by state agencies.
- SMALL BUSINESSES:  Almost all child care facilities are small businesses.  
However, because this amendment would not change any of the requirements for 
child care programs, the Department does not anticipate that this rule will 
result in any new costs or savings to child care programs operated by state 
agencies.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this rule does not impose any new requirement for child 
care providers,  there is no anticipated compliance costs for affected 
persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this rule does not alter 
requirements for child care providers, there are no anticipated new costs or 
savings to entities or persons that are not small businesses.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules may not impose criminal penalties without legislative 
authorization.  This rule change modifies this rule to comply.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by 
Internet E-mail at twhiting@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35573.htm

No. 35574 (Amendment): R430-50. Residential Certificate Child Care.
SUMMARY OF THE RULE OR CHANGE:  The proposed change removes requirements for:  
indoor temperature; a mandatory outdoor play area; tuberculosis testing; 
training for substitute caregivers; first aid supplies; documentation of 
emergency drills; and rest periods.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No state agencies operate in-home child care programs so 
there are no anticipated costs or savings to state budgets associated with 
this rule change.
- LOCAL GOVERNMENTS:  No local governments operate in-home child care 
programs so there are no anticipated costs or savings to local governments 
associated with this rule change.
- SMALL BUSINESSES:  Almost all in-home residential certificate child care 
facilities are small businesses.  Because this rule lessens the requirements 
for residential certificate child care providers, there may be some cost 
savings to residential certificate providers.  An individual provider may see 
as savings of less than $100 due to the reduced requirements for training, 
and first aid supplies.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this rule lessens the requirements for residential 
certificate child care facilities, there may be some cost savings to 
individual who are residential certificate providers.  An individual provider 
may see a savings of less than $100 due to the reduced requirements for 
training, first aid supplies, and activity materials.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  TB testing costs are born by the 
individual being tested.  Because this rule removes the requirements for 
individual TB testing, there will be some cost savings to individuals who no 
longer need this test.  Depending on where the test is completed, costs per 
test could range from $20 to $100. In those rare instances where follow-up x-
rays are required, costs could range from $100 to several thousand dollars, 
depending on where the x-ray is done and what follow-up is required as a 
result of the x-ray.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  A careful and thorough review of child care licensing rules was 
undertaken during the last year.  Health care professionals recommended that 
testing of staff for tuberculosis was not necessary.  Removal of this 
requirement will save business both time and money.  Other changes should 
also reduce regulatory burdens.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by 
Internet E-mail at twhiting@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35574.htm

No. 35575 (Repeal and Reenact): R430-60. Hourly Child Care Center.
SUMMARY OF THE RULE OR CHANGE:  In addition to re-formatting and reorganizing 
the rule sections, the proposed change removes the requirement of 
tuberculosis (TB) testing of staff.  This proposed changed is based on a 
recommendation from the state's TB Advisory Board which indicated that child 
care providers are not considered to be a high risk group for tuberculosis.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No state agencies operate hourly child care programs so 
there are no anticipated costs or savings to state budgets associated with 
this rule change.
- LOCAL GOVERNMENTS:  Some local government operate hourly care programs.  
The agency does not anticipate a cost or savings to these programs beyond the 
individual employee savings outlined in "Compliance costs for affected 
persons" below.
- SMALL BUSINESSES:  Almost all out of school time child care programs are 
small businesses.  The agency does not anticipate a cost or savings to these 
programs beyond the individual employee savings outlined in "Compliance costs 
for affected persons" below.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The agency does not anticipate a cost or savings to these programs 
beyond the individual employee savings outlined in "Compliance costs for 
affected persons" below.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  TB testing costs are born by the 
individual being tested.  Because this rule removes the requirements for 
individual TB testing, there will be some cost savings to individuals who no 
longer need this test.  Depending on where the test is completed, costs per 
test could range from $20 to $100.  In those rare instances where follow-up 
x-rays are required, costs could range from $100 to several thousand dollars, 
depending on where the x-ray is done and what follow-up is required as a 
result of the x-ray.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  A careful and thorough review of child care licensing rules was 
undertaken during the last year.  Health care professionals recommended that 
testing of staff for tuberculosis was not necessary.  Removal of this 
requirement will save business both time and money.  Other changes should 
also reduce regulatory burdens.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by 
Internet E-mail at twhiting@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35575.htm

No. 35576 (Amendment): R430-70. Out of School Time Child Care Programs.
SUMMARY OF THE RULE OR CHANGE:  The proposed change removes requirements for 
tuberculosis (TB) testing of staff.  The proposal to eliminate staff TB 
testing is based on a recommendation from the state's TB Advisory Board which 
indicated that child care providers are not considered to be a high risk 
group for tuberculosis.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No state agencies operate out of school time child care 
programs so there are no anticipated costs or savings to state budgets 
associated with this rule change.
- LOCAL GOVERNMENTS:  Some local governments operate out of school time child 
care programs.  However the cost of TB testing is usually born by the 
individual rather then the business, so the agency does not anticipate any 
cost or savings as a result of this change.
- SMALL BUSINESSES:  Almost all out of school time child care programs are 
small businesses.  However the cost of TB testing is usually born by the 
individual rather than the business, the agency does not anticipate any cost 
or savings as a result of this change.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because the cost of TB testing is usually born by the individual 
rather than the business, the agency does not anticipate any cost or savings 
as a result of this change.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  TB testing costs are born by the 
individual being tested.  Because this rule removes the requirements for 
individual TB testing, there will be some cost savings to individuals who no 
longer need this test.  Depending on where the test is completed, costs per 
test could range from $20 to $100.  In those rare instances where follow-up 
x-rays are required, costs could range from $100 to several thousand dollars, 
depending on where the x-ray is done and what follow-up is required as a 
result of the x-ray.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  A careful and thorough review of child care licensing rules was 
undertaken during the last year.  Health care professionals recommended that 
testing of staff for tuberculosis was not necessary.  Removal of this 
requirement will save business both time and money.  Other changes should 
also reduce regulatory burdens.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by 
Internet E-mail at twhiting@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35576.htm

No. 35577 (Amendment): R430-90. Licensed Family Child Care.
SUMMARY OF THE RULE OR CHANGE:  The proposed change removes requirements for 
tuberculosis (TB) testing of staff, and makes other minor modifications.  The 
proposal to eliminate staff TB testing is based on a recommendation from the 
state's TB Advisory Board which indicated that child care providers are not 
considered to be a high risk group for tuberculosis.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No state agencies operate in-home child care programs so 
there are no anticipated costs or savings to state budgets associated with 
this rule change.
- LOCAL GOVERNMENTS:  No local governments operate in-home child care 
programs so there are no anticipated costs or savings to local government 
associated with this rule change.
- SMALL BUSINESSES:  Almost all in-home child care programs are small 
businesses.  However the cost of TB testing is usually born by the individual 
rather than the business, so the agency does not anticipate any cost or 
savings as a result of this change.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because the cost of TB testing is usually born by the individual 
rather than the business, the agency does not anticipate any cost or savings 
as a result of this change.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  TB testing costs are born by the 
individual being tested.  Because this rule removes the requirements for 
individual TB testing, there will be some cost savings to individuals who no 
longer need this test.  Depending on where the test is completed, costs per 
test could range from $20 to $100.  In those rare instances where follow-up 
x-rays are required, costs could range from $100 to several thousand dollars, 
depending on where the x-ray is done and what follow-up is required as a 
result of the x-ray.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  A careful and thorough review of child care licensing rules was 
undertaken during the last year.  Health care professionals recommended that 
testing of staff for tuberculosis was not necessary.  Removal of this 
requirement will save business both time and money.  Other changes should 
also reduce regulatory burdens.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by 
Internet E-mail at twhiting@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35577.htm

No. 35578 (Amendment): R430-100. Child Care Centers.
SUMMARY OF THE RULE OR CHANGE:  The proposed change removes requirements for 
tuberculosis (TB) testing of staff, modifies the ratios for mixed age groups, 
and makes rules for school age classrooms equivalent with Rule R430-70 for 
Out of School Time Child Care Programs.  The proposal to eliminate staff TB 
testing is based on a recommendation from the state's TB Advisory Board which 
indicated that child care providers are not considered to be a high risk 
group for tuberculosis.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Some state agencies operate child care centers.  These 
agencies may be able to care for more school age children as a result of this 
rule change.  However, because the agency has no way of knowing if programs 
will increase the number of school age children they care for, the agency 
cannot anticipate what their increased revenue from this might be.  Because 
the cost of TB testing is usually born by the individual rather than the 
business, the agency does not anticipate any cost or savings as a result of 
this change.
- LOCAL GOVERNMENTS:  Some local governments operate child care centers.  
These agencies may be able to care for more school age children as a result 
of this rule change.  However, because the agency has no way of knowing if 
programs will increase the number of school age children they care for, the 
agency cannot anticipate what their increased revenue from this might be.  
Because the cost of TB testing is usually born by the individual rather than 
the business, the agency does  not anticipate any cost or savings as a result 
of this change.
- SMALL BUSINESSES:  Almost all child care centers are small businesses.  
These businesses may be able to care for more school age children as a result 
of this rule change.  However, because the agency has no way of knowing if 
programs will increase the number of school age children they care for, the 
agency cannot anticipate what their increased revenue from this might be. 
Because the cost of TB testing is usually born by the individual rather than 
the business, the agency does not anticipate any cost or savings as a result 
of this change.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Businesses may be able to care for more school age children as a 
result of this rule change.  However, because the agency has no way of 
knowing if programs will increase the number of school age children they care 
for, the agency cannot anticipate what their increased revenue from this 
might be.  Because the cost of TB testing is usually born by the individual 
rather than the business, the agency does not anticipate any cost or savings 
as a result of this change.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  TB testing costs are born by the 
individual being tested.  Because this rule removes the requirements for 
individual TB testing, there will be some cost savings to individuals who no 
longer need this test.  Depending on where the test is completed, costs per 
test could range from $20 to $100.  In those rare instances where follow-up 
x-rays are required, costs could range from $100 to several thousand dollars, 
depending on where the x-ray is done and what follow-up is required as a 
result of the x-ray.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  A careful and thorough review of child care licensing rules was 
undertaken during the last year.  Health care professionals recommended that 
testing of staff for tuberculosis was not necessary.  Removal of this 
requirement will save business both time and money.  Other changes should 
also reduce regulatory burdens.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by 
Internet E-mail at twhiting@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35578.htm



HUMAN SERVICES
SUBSTANCE ABUSE AND MENTAL HEALTH, STATE HOSPITAL
No. 35589 (Amendment): R525-2. Patient Rights.
SUMMARY OF THE RULE OR CHANGE:  The changes add the statutory rulemaking 
authority and purpose of the rule; and remove irrelevant language from the 
rule.  The Utah State Hospital does not perform surgery, therefore, consent 
forms for surgical procedures are not necessary.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this amendment is formatting and procedural 
changes only, there is no cost or savings to the state budget.
- LOCAL GOVERNMENTS:  Because this amendment is formatting and procedural 
changes only, there is no cost or savings to local government.
- SMALL BUSINESSES:  Because this amendment is formatting and procedural 
changes only, there is no cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this amendment is formatting and procedural changes only, 
there is no cost or savings to persons other than small businesses, 
businesses, or local government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this amendment is formatting 
and procedural changes only, there are no compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on businesses because this amendment 
is only making formatting and procedural changes to this rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
- L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by 
Internet E-mail at raywinger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35589.htm

No. 35590 (Amendment): R525-3. Medication Treatment of Patients.
SUMMARY OF THE RULE OR CHANGE:  The changes:  1) add the statutory rulemaking 
authority and purpose of the rule; and 2) edit the consent language to bring 
the rule into compliance with statute.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this amendment is correcting the formatting of 
the rule and procedural editing of the patient consent language for statutory 
compliance, there is no cost or savings to the state budget.
- LOCAL GOVERNMENTS:  Because this amendment is correcting the formatting of 
the rule and procedural editing of the patient consent language for statutory 
compliance, there is no cost or savings to local government.
- SMALL BUSINESSES:  Because this amendment is correcting the formatting of 
the rule and procedural editing of the patient consent language for statutory 
compliance, there is no cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this amendment is correcting the formatting of the rule and 
procedural editing of the patient consent language for statutory compliance, 
there is no cost or savings to persons other than small businesses, 
businesses, or local government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this amendment is correcting 
the formatting of the rule and procedural editing of the patient consent 
language for statutory compliance, there is no compliance cost for affected 
persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on businesses by this amendment 
because this amendment is limited to format and procedural changes only.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
- L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by 
Internet E-mail at raywinger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35590.htm

No. 35591 (Amendment): R525-5. Background Checks.
SUMMARY OF THE RULE OR CHANGE:  This change adds the statutory rulemaking 
authority and purpose of the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this amendment is formatting only, there is no 
cost or savings to the state budget.
- LOCAL GOVERNMENTS:  Because this amendment is formatting only, there is no 
cost or savings to local government.
- SMALL BUSINESSES:  Because this amendment is formatting only, there is no 
cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this amendment is formatting only, there is no cost or 
savings to persons other than small businesses, businesses, or local 
government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this amendment is formatting 
only, there is no compliance cost for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on businesses because this amendment 
is simply adding the statutory rulemaking authority and purpose statements to 
the rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
- L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by 
Internet E-mail at raywinger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35591.htm

No. 35593 (Amendment): R525-6. Prohibited Items and Devices.
SUMMARY OF THE RULE OR CHANGE:  This change adds the statutory rulemaking 
authority for this rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this amendment is formatting only, there is no 
cost or savings to the state budget.
- LOCAL GOVERNMENTS:  Because this is formatting only, there is no cost or 
savings to local government.
- SMALL BUSINESSES:  Because this amendment is formatting only, there is no 
cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this is formatting only, there is no cost or savings to 
persons other than small businesses, businesses, or local government 
entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this amendment is formatting 
only, there is no  compliance cost for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on businesses because this amendment 
only adds the statutory rulemaking authority.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
- L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by 
Internet E-mail at raywinger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35593.htm

No. 35594 (Amendment): R525-7. Complaints/Suggestions/Concerns.
SUMMARY OF THE RULE OR CHANGE:  The changes:  1) add the statutory rulemaking 
authority and purpose of the rule; and 2) remove an outdated citation.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this amendment is formatting only, there is no 
cost or savings to the state budget.
- LOCAL GOVERNMENTS:  Because this amendment is formatting only, there is no 
cost or savings to the local governments.
- SMALL BUSINESSES:  Because this amendment is formatting only, there is no 
cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this amendment is formatting only, there is no cost or 
savings to persons other than small businesses, businesses, or local 
government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this amendment is formatting 
only, there is no compliance cost for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on businesses because this amendment 
only adds the statutory rulemaking authority and removes an outdated 
citation.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
- L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by 
Internet E-mail at raywinger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35594.htm

No. 35596 (Amendment): R525-8. Forensic Mental Health Facility.
SUMMARY OF THE RULE OR CHANGE:  This change adds the statutory rulemaking 
authority and purpose of the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this amendment is formatting only, there is no 
cost or savings to the state budget.
- LOCAL GOVERNMENTS:  Because this amendment is formatting only, there is no 
cost or savings to local governments.
- SMALL BUSINESSES:  Because this amendment is formatting only, there is no 
cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this amendment is formatting only, there is no cost or 
savings to persons other than small businesses, businesses, or local 
government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this amendment is formatting 
only, there is no compliance cost for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on businesses because this amendment 
is only adding the required statutory rulemaking authority.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
- L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by 
Internet E-mail at raywinger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35596.htm



PARDONS (BOARD OF)
ADMINISTRATION
No. 35551 (Amendment): R671-305. Notification of Board Decision.
SUMMARY OF THE RULE OR CHANGE:  This change clarifies who will receive 
notification of hearing decisions and for what type of decisions the agency 
provides notification.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule change has no effect on the state budget, as 
it only clarifies the circumstances surrounding decision notification.
- LOCAL GOVERNMENTS:  This rule change has no effect on any local government, 
as it only clarifies the circumstances surrounding decision notification.
- SMALL BUSINESSES:  This rule change has no effect on any small businesses, 
as it only clarifies the circumstances surrounding decision notification.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No other entity will be affected by this minor rule change, as it 
only clarifies the circumstances surrounding decision notification.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for any 
affected party, as it only clarifies the circumstances surrounding decision 
notification.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  None--No business impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35551.htm



PUBLIC SAFETY
PEACE OFFICER STANDARDS AND TRAINING
No. 35568 (Repeal): R728-408. POST Academy and the Emergency Vehicle 
Operations Range are Secure Facilities.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule regulates the possession of a firearm in the 
Peace Officer Standards and Training Facility.  Since the original rule was 
adopted, the training facility has moved into a mixed purpose building with 
more open public access.  The change in facility has made this rule obsolete.  
During the history of this rule, there was no cost associated with its 
implementation or maintenance.  The repeal of this rule will not require that 
any action be taken on the part of state government and so the repeal of this 
rule will have no anticipated cost or saving to state government.
- LOCAL GOVERNMENTS:  This rule regulates the possession of a firearm in the 
Peace Officer Standards and Training Facility.  Since the original rule was 
adopted, the training facility has moved into a mixed purpose building with 
more open public access.  The change in facility has made this rule obsolete.  
During the history of this rule, there was no cost associated with its 
implementation or maintenance.  The repeal of this rule will not require that 
any action be taken on the part of local government and so the repeal of this 
rule will have no anticipated cost or saving to local government.
- SMALL BUSINESSES:  This rule regulates the possession of a firearm in the 
Peace Officer Standards and Training Facility.  Since the original rule was 
adopted the training facility has moved into a mixed purpose building with 
more open public access.  The change in facility has made this rule obsolete.  
During the history of this rule there was no cost associated with its 
implementation or maintenance. The repeal of this rule will not require that 
any action be taken on the part of small businesses and so the repeal of this 
rule will have no anticipated cost or saving to small business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule regulates the possession of a firearm in the Peace 
Officer Standards and Training Facility.  Since the original rule was 
adopted, the training facility has moved into a mixed purpose building with 
more open public access.  The change in facility has made this rule obsolete.  
During the history of this rule, there was no cost associated with its 
implementation or maintenance.  The repeal of this rule will not require that 
any action be taken on the part of any person and so the repeal of this rule 
will have no anticipated cost or saving to any person.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule is being repealed.  The 
repeal will not require any action be taken on the part of any person.  There 
are no compliance requirements, therefore there are no compliance costs 
associated with the repeal of this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The repeal of this rule will have 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 02/15/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  02/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35568.htm



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 35586 (Amendment): R986-700-713. Amount of CC Payment.
SUMMARY OF THE RULE OR CHANGE:  The Department currently offers an enhanced 
child care payment to clients who participate more than 172 hours per month.  
The Office of Child Care intends to use the savings for after school summer 
programs which have been identified as being of greater need.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This applies to federally-funded programs so there are 
no costs or savings to the state budget.
- LOCAL GOVERNMENTS:  This is a federally-funded program so there are no 
costs or savings to local government.
- SMALL BUSINESSES:  There will be no costs to small businesses to comply 
with these changes because this is a federally-funded program.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no costs to persons other than small businesses or 
local governmental entitles to comply with these changes because this is a 
federally-funded program.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be no costs to affected 
persons to comply with these changes because there are no costs or fees 
associated with these proposed changes.  Some clients may receive a smaller 
subsidy beginning March 1 but the savings will be used to offer summer care.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no compliance costs associated with these changes for 
any affected persons because this is a federally-funded program and there are 
no fees or costs associated with these proposed changes.  There are no 
compliance costs associated with this change.  There are no fees associated 
with this change.  There will be no cost to anyone to comply with these 
changes. There will be no fiscal impact on any business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 02/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by 
Internet E-mail at spixton@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35586.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.


CAPITOL PRESERVATION BOARD (STATE)
ADMINISTRATION
No. 35611 (Emergency Rule): R131-13. Health Reform - Health Insurance 
Coverage in State Contracts - Implementation.
SUMMARY OF THE RULE OR CHANGE:  H.B. 128 of the 2011 General Session amended 
the benchmark requirements for health insurance coverage in state contracts.  
Other changes to the rule are to comply with state statutes.
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal 
or state law.
JUSTIFICATION:  The specific reason an emergency rule process is needed is 
the bill requires the rule to be in effect on 01/03/2012.  The regular 
rulemaking process would not allow for the rule to be in effect before the 
required date.  In order to comply with the bill, an emergency rulemaking 
process is required.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this amendment simply complies with state 
statute and has no fiscal impact.
- LOCAL GOVERNMENTS:  No cost or savings are anticipated for local 
governments with this amendment to the rule.  No new requirements were 
created with this amendment that impact local governments.
- SMALL BUSINESSES:  Enactment of this amendment simply complies with state 
statute and has no fiscal impact.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this amendment simply complies with state statute and 
has no fiscal impact.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Enactment of this amendment simply 
complies with state statute and has no fiscal impact.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As stated, the statute itself created any fiscal impacts. The 
amendment to this rule does not add additional burdens than already provided 
by the statute.  This rule by itself will not have a fiscal impact on 
businesses because it merely reiterates the statutory requirements.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by 
Internet E-mail at abachman@utah.gov
- Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by 
Internet E-mail at agamble@utah.gov
- Chiarina Gleed by phone at 801-538-3240, by FAX at 801-538-3313, or by 
Internet E-mail at cgleed@utah.gov
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35611.htm



COMMUNITY AND CULTURE
HOUSING AND COMMUNITY DEVELOPMENT
No. 35572 (Emergency Rule): R199-12. State Small Business Credit Initiative 
Program Fund.
SUMMARY OF THE RULE OR CHANGE:  The rule identifies the process and 
procedures on how the Division will issue loan and loan guarantees to small 
businesses; establishes a loan loss reserve fund and a credit advisory 
committee; and notifies the public how the funds will be administered.
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal 
or state law.
JUSTIFICATION:  The Division was recently awarded this contract on 
09/30/2011.  No administrative funds for planning and implementation could be 
used for this program prior to receiving the award.  A requirement of the 
contract is to be "fully positioned within 90 days to issue the type of 
credit contemplated by the contract."  Because this is a new program to Utah, 
the Division had to perform due diligence prior to forming the program for 
operation including site visits to other states operating similar programs, 
consultations with the banking and credit union committee, and consultation 
with the Attorney General's office.  Because of the administration 
restriction, this work has been performed within the last 60 days allowing 
sufficient time for the Division to contemplate rules for the program.  The 
rule is filed on an emergency basis to meet our federal contractual 
requirement.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings by this rule 
implementation.  The rule requires no additional staffing or other cost 
structures not already contemplated by statute other than the formation of 
the credit advisory committee which is entirely voluntary and does not 
require even per diem expenses.
- LOCAL GOVERNMENTS:  No anticipated cost or savings to local government 
through this rule.  The rule will not affect local governments as they are 
not an eligible entity for participation.
- SMALL BUSINESSES:  This program should improve the availability of credit 
to the small business community by providing credit enhancements to enable 
more issuance of credit to eligible small businesses that otherwise would not 
be available. Over the next six years, the program is projected to leverage 
the initial $13 Million federal award into $290 Million in credit to small 
businesses.  Small businesses in most cases will still need to work with 
their local financial institution prior to being able to access the fund.  
This should not negatively affect them as this is a new process designed to 
enhance their viability and does not impede any existing avenue for small 
business to obtain credit.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Not affected--The program is entirely structured to work with small 
business in partnership with financial institutions as described in prior 
responses.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated additional 
costs to affected persons as the program will dovetail with financial 
institution reporting requirements when loans and loan guarantees are in 
place.  In addition, these requirements are set forth in statute rather than 
rule and no additional rules regarding compliance are in place.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No fiscal impact to businesses--The rule requires no additional 
burden to be placed on businesses, but rather creates a unique program to 
enhance the viability of business.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hardy by phone at 801-538-8650, by FAX at 801-538-8888, or by 
Internet E-mail at jhardy@utah.gov
EFFECTIVE:  12/27/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35572.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.


ADMINISTRATIVE SERVICES
FLEET OPERATIONS
No. 35545 (5-year Review): R27-10. Identification Mark for State Motor 
Vehicles.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section 63A-9-601 is still active and the division is required to comply with 
the statutory language.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Gary Robertson by phone at 801-538-3792, by FAX at 801-359-0759, or by 
Internet E-mail at garyrobertson@utah.gov
EFFECTIVE:  12/16/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35545.htm



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 35552 (5-year Review): R156-70a. Physician Assistant Practice Act Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure as allowed under statutory 
authority provided in Title 58, Chapter 70a, with respect to physician 
assistants.  The rule should also be continued as it provides information to 
ensure applicants for licensure are adequately trained and meet minimum 
licensure requirements and provides licensees with information concerning 
unprofessional conduct, definitions and ethical standards relating to the 
profession.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Noel Taxin by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet 
E-mail at ntaxin@utah.gov
EFFECTIVE:  12/19/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35552.htm



INSURANCE
ADMINISTRATION
No. 35587 (5-year Review): R590-102. Insurance Department Fee Payment Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it is specifically required by law and because 
it makes it easy for the public to see all the fees charged by the department 
and provides regular opportunities for them to make comment regarding changes 
to this schedule.  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:  12/29/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35587.htm

No. 35554 (5-year Review): R590-103. Security Deposits.
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 requires insurance companies to deposit a certain amount of money 
into an account to take care of claims in case they go out of business.  The 
deposits help pay for claims, which are also covered, in part, by a guaranty 
association, which most companies are associated with.  However, the most 
important use of these deposits is to help cover administrative costs of a 
liquidation.  The rule provides guidelines that help secure that the deposits 
are federally secured and the financial institution is holding the required 
amount.  Without these safeguards, it would be very difficult to be sure that 
the funds are actually deposited, as required by the law.  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:  12/19/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35554.htm

No. 35570 (5-year Review): R590-121. Rate Modification Plan Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule gives guidance to licensees about how they can develop alternative 
rating plans.  The rule establishes criteria that must be applied to all 
policies written outside of a standard rating structure.  This rule 
establishes guidelines that reduce the possibility of unfair rating by 
property and casualty insurance companies and rate service organizations.  
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:  12/22/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35570.htm

No. 35556 (5-year Review): R590-126. Accident and Health Insurance Standards.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Products in the individual market require closer regulation since there is 
not an employer entity who can bargain for an equitable contract on behalf of 
the individual.  The rule sets forth benefits to be offered for certain 
products, yet still allows products with lesser benefits to be offered if 
marketed as "limited benefits."  This assists individuals to asses what type 
of product is being offered.  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:  12/19/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35556.htm

No. 35569 (5-year Review): R590-133. Variable Contracts.
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 provides guidance to both insurers and producers selling variable 
life insurance products so that compliance with the Insurance Code can be 
maintained.  The rule provides consumer protection by requiring disclosure 
and annual reports for the product purchased.  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:  12/22/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35569.htm

No. 35557 (5-year Review): R590-176. Health Benefit Plan Enrollment.
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 provides clarification for Title 31A, Chapter 30, with regards to 
the federal Health Insurance Portability and Accountability Act (HIPAA) and 
HIPUtah.  The rule provides standards that must be met for an insurer to be 
waived from the requirements of Chapter 30 and defines what constitutes 
meeting the enrollment cap.  It also addresses general requirements to make 
sure insurers treat health benefit plan applicants fairly.  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:  12/19/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35557.htm

No. 35555 (5-year Review): R590-181. Yankee Bond Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Due to the fact that some insurers are investing in Yankee Bonds, this rule 
needs to provide guidelines making sure the quality of the bond is high and 
does not take up a major share of the investment portfolio.  Without the 
rule, insurers would not be able to invest in them at all.  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:  12/19/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35555.htm

No. 35553 (5-year Review): R590-182. Risk Based Capital Instructions.
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 provides reference to the RBC instructions and establishes their 
authority under Utah law.  The RBC reports and instructions are important to 
ensure that Utah insurance companies report on the same basis as companies 
from other states.  Without this uniformity, cost to companies and to the 
state would increase significantly, which will also increase costs to Utah 
policyholders.  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:  12/19/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35553.htm



PUBLIC SAFETY
ADMINISTRATION
No. 35547 (5-year Review): R698-1. Public Petitions for Declaratory Orders.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Continuation of Rule R698-1 is required by statute, and provides the ability 
for persons to petition the applicability of statutes, rules, and orders 
within the primary jurisdiction of the agency.  Therefore, this rule should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Amy Lightfoot by phone at 801-718-7901, by FAX at 801-965-4608, or by 
Internet E-mail at alightfoot@utah.gov
EFFECTIVE:  12/16/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35547.htm

No. 35548 (5-year Review): R698-2. Government Records Access and Management 
Act Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Continuation of this rule is required by statute and provides procedures for 
access, and denial of access to government records.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Amy Lightfoot by phone at 801-718-7901, by FAX at 801-965-4608, or by 
Internet E-mail at alightfoot@utah.gov
EFFECTIVE:  12/16/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35548.htm

No. 35549 (5-year Review): R698-3. Americans With Disabilities Act (ADA) 
Complaint Procedure.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Continuation of Rule R698-3 is required by statute.  This rule implements the 
provisions of 28 CFR 35 which in turn implements Title II of the Americans 
with Disabilities Act, which provides that no individual shall be excluded 
from participation in or be denied the benefits of the services, programs, or 
activities of a public entity, or be subjected to discrimination by the 
department because of a disability.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Amy Lightfoot by phone at 801-718-7901, by FAX at 801-965-4608, or by 
Internet E-mail at alightfoot@utah.gov
EFFECTIVE:  12/16/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35549.htm


PEACE OFFICER STANDARDS AND TRAINING
No. 35560 (5-year Review): R728-405. Drug Testing Requirement.
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 drug testing of basic peace officer training 
applicants 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:  12/21/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35560.htm

No. 35561 (5-year Review): R728-406. Requirements For Approval and 
Certification of Basic Correctional, Reserve and Special Function 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 rules which must be followed by a certified training 
academy in order to ensure all statutory requirements are met.  This rule 
also establishes procedures to be followed by a law enforcement agency when 
requesting certification of their personnel.  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:  12/21/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35561.htm

No. 35562 (5-year Review): R728-407. Waiver/Reactivation Process.
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 procedures which must be followed by an applicant who 
requests a waiver of basic training requirements.  It is necessary to 
continue this rule in order to establish procedures that will ensure 
individuals seeking a training waiver meet the statutory requirements.
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:  12/21/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35562.htm

No. 35567 (5-year Review): R728-408. POST Academy and the Emergency Vehicle 
Operations Range are Secure Facilities.
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 was intended to regulate the possession of firearms in the Peace 
Officer Standards and Training Facility.  Since the original rule was 
adopted, the training facility has moved into a mixed purpose building with 
more open public access.  The change in facility has made this rule obsolete 
and it is the intention of the division to repeal this rule.  Therefore, this 
rule should be continued until the repeal can be processed.
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:  12/21/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35567.htm

No. 35563 (5-year Review): R728-409. Suspension or Revocation of Peace 
Officer Certification.
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 procedures which must be followed when a peace officer 
is accused of misconduct in violation of Section 53-6-211.  It is necessary 
to continue this rule in order to ensure due process is followed in any case 
involving the possible suspension or revocation of a peace officer.
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:  12/21/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35563.htm

No. 35564 (5-year Review): R728-410. Guidelines Regarding Failure To Obtain 
Annual Statutory Training.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule establishes guidelines which must be followed when a peace officer 
fails to obtain annual training as required by statute.  It is necessary to 
continue this rule in order to ensure proper process are followed in any case 
involving an annual training deficiency of a peace officer.
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:  12/21/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35564.htm

No. 35565 (5-year Review): R728-500. Utah Peace Officer Standards and 
Training In-Service Training Certification Procedures.
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 procedures which must be followed to certify a peace 
officer has obtained the annual training as required by statute.  It is 
necessary to continue this rule in order to ensure proper processes are 
followed for obtaining and reporting annual training by a peace officer.
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:  12/21/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35565.htm



TAX COMMISSION
ADMINISTRATION
No. 35595 (5-year Review): R861-1A. Administrative Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R861-1A-2 clarifies the process by which the Tax Commission makes 
rules, including notice, hearing, and publication of rules.  Section R861-1A-
3 allows persons or parties affected by a commission action the right to a 
division conference and a prehearing conference for the purpose clarifying 
and narrowing the issues and encouraging settlement.  Section R861-1A-9 
clarifies duties and responsibilities of the commission when acting as the 
Utah State Board of Equalization.  Section R861-1A-10 provides instructions 
concerning:  1) rights of parties; 2) effect of partial invalidation of 
rules; 3) enactment of inconsistent legislation; and 4) presumption of 
familiarity.  Section R861-1A-11 clarifies the process of appealing a 
corrective action.  Section R861-1A-12 outlines the policies and procedures 
of the commission regarding disclosure of and access to documents, work 
papers, decisions, and other information prepared by the commission.  Section 
R861-1A-13 outlines the manner by which disabled persons may request 
reasonable accommodations to services, programs, activities, or a job or work 
environment at the Tax Commission.  Section R861-1A-15 requires all taxpayers 
to provide the Tax Commission with their social security number or federal 
identification number, as required by the Tax Commission.  Section R861-1A-16 
outlines the management plan of the Utah State Tax Commission.  Section R861-
1A-18 indicates how remittances received by the Tax Commission shall be 
allocated to penalty, interest and tax.  Section R861-1A-20 provides 
guidelines on the timeliness of requests for a hearing to correct a centrally 
assessed property tax assessment, a petition for redetermination, and those 
seeking judicial review.  Section R861-1A-22 clarifies the time a petition 
for adjudicative action may be filed and the contents of the petition; does 
not allow the commission to reject a petition because of nonconformance, but 
allows the commission to require an amended or substitute petition be filed.  
Section R861-1A-23 requires all matters to be designated as formal 
proceedings and set for a prehearing conference, initial hearing, or 
scheduling conference; allows matters to be diverted to mediation.  Section 
R861-1A-24 provides guidelines for a formal adjudicative proceeding, 
including the initial hearing.  Section R861-1A-26 outlines procedures to be 
followed in a formal adjudicative proceeding.  Section R861-1A-27 establishes 
discovery procedures in a formal proceeding.  Section R861-1A-28 authorizes 
formal proceedings to be conducted the same as in judicial proceedings in the 
state court; allows every party the right to introduce evidence, and provides 
guidelines on testimonies.  Section R861-1A-29 clarifies that the presiding 
officer shall submit all written decisions and orders to the commission for 
agency review before issuing the order; authorizes any party to file a 
written request for reconsideration alleging mistake of law or fact, or 
discovery of new evidence.  Section R861-1A-30 prohibits any party from 
having an ex parte communication with a commissioner or administrative law 
judge; provides guidelines if relevant ex parte communications are received 
by a commissioner or administrative law judge.  Section R861-1A-31 provides 
for situations when a petition for a declaratory order may be filed; 
authorizes the commission to refuse to render the order under certain 
circumstances.  Section R861-1A-32 authorizes the use of mediation to obtain 
a settlement agreement.  Section R861-1A-33 defines "settlement agreement;" 
outlines procedures to be followed for submitting and approving settlement 
agreements.  Section R861-1A-34 defines private letter rulings; provides 
procedures for requesting a private letter ruling; indicates the weight 
afforded a private letter ruling, as well as actions that may be taken if the  
ruling leads to the denial of a claim, audit assessment, or other agency 
action.  Section R861-1A-35 defines "database management system," "electronic 
data interchange," "hard copy," "machine-sensible record," "storage-only 
imaging system," and "taxpayer;" provides guidelines for storage of records 
in various media.  Section R861-1A-36 clarifies what constitutes a signature 
for taxpayers who submit a vehicle registration over the internet, or a tax 
return through an authorized web site.  Section R861-1A-37 defines "assessed 
value of the property," "disclosure," and "published decision;" indicates 
property tax information that may be disclosed--in general, during an action 
or proceeding, or in a published decision.  Section R861-1A-38 indicates the 
actions the commission may take to expedite exhaustion of administrative 
remedies for purposes of determining the persons who may be included in a 
class action.  Section R861-1A-39 defines "failure to file a tax return" and 
"unpaid tax" for purposes of imposing the penalty for failure to file a tax 
return.  Section R861-1A-40 indicates how a taxpayer that seeks judicial 
review of a final commission determination of a deficiency may apply for a 
waiver of the requirement to post a bond with the commission.  Section R861-
1A-42 provides the circumstances that constitute reasonable grounds for 
waiver of a penalty.  Section R861-1A-43 provides the conditions under which 
a tax commissioner may participate electronically in a public meeting.  
Section R861-1A-44 for purposes of determining the date on which a document 
has been mailed, sets forth delivery services and the date a delivery service 
receives a document.  Section R861-1A-45 sets forth the procedures the 
commission shall follow when the commission holds a meeting that is not open 
to the public, including procedures for written and recorded minutes.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35595.htm


AUDITING
No. 35597 (5-year Review): R865-3C. Corporation Income Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-3C-1 indicates how a corporation subject to the corporation 
income tax shall determine the net income attributable to Utah.  Therefore, 
this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35597.htm

No. 35598 (5-year Review): R865-4D. Special Fuel Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-4D-1 defines "motor vehicle" and "user" for purposes of imposing 
the special fuels tax.  Section R865-4D-2 provides guidance on when the fee 
for the special fuel tax exemption certificate shall be paid; clarifies when 
the special fuel tax exemption applies; outlines formula for calculating fuel 
use.  Section R865-4D-6 sets forth the record-keeping requirements for 
special fuel user-dealers.  Section R865-4D-18 sets forth the record-keeping 
requirements for special fuel users.  Section R865-4D-19 outlines how a 
government entity is to obtain a refund for special fuel taxes paid and 
indicates records needed to support the refund.  Section R865-4D-20 indicates 
the conditions under which the exemption or refund for exported undyed diesel 
fuel shall apply.  Section R865-4D-21 defines "gross gallon" and "net 
gallon;" requires suppliers to calculate tax liability on a consistent gross 
gallon or net gallon basis; specifies that both gross and net amounts must be 
on all invoices, bills of lading, and special fuel tax returns.  Section 
R865-4D-22 provides procedures for administering the reduction of special 
fuel tax on fuel that is subject to a tax imposed by the Navajo Nation.  
Section R865-4D-23 indicates that the commission entered into the 
International Fuel Tax Agreement effective 01/01/1990.  Therefore, this rule 
should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35598.htm

No. 35599 (5-year Review): R865-6F. Franchise Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-6F-1 clarifies franchise tax responsibilities of foreign 
corporations.  Also, clarifies the manner in which a foreign corporation 
terminates its corporate franchise tax responsibilities.  Section R865-6F-2 
establishes taxable year for purposes of the corporate franchise tax and 
clarifies when first return period begins.  Section R865-6F-6 sets forth 
guidelines to determine whether nexus has been established for purposes of 
subjecting a corporation to the Utah corporation franchise tax.  Section 
R865-6F-8 classifies all business income as either "business" or 
"nonbusiness," provides rules to determine whether income is business or 
nonbusiness, defines and establishes criteria for apportionment of tax, and 
defines the three elements of the apportionment formula: the property factor, 
payroll factor, and sales factor.  Section R865-6F-14 states the tax 
commission policy to follow federal law as closely as possible in determining 
net income for Utah corporate franchise tax.  The rule lists items normally 
followed in conformity with federal law and items requiring different state 
tax treatment.  Section R865-6F-15 clarifies that the installment method of 
reporting corporate income is a postponement of tax, not an exemption from 
tax.  Rule states when the privilege of installment reporting is terminated.  
Rule also states that installment income is subject to the same allocation 
and apportionment provisions as all other corporate income.  Section R865-6F-
16 provides a methodology for apportioning income from long-term construction 
projects when a taxpayer elects to use the percentage-of-completion method of 
accounting or the completed contract method of accounting.  Section R865-6F-
18 defines "member" and "producer" for purposes of the corporate franchise 
and income tax exemption for a farmers' cooperative; provides procedures for 
qualifying for and applying the exemption.  Section R865-6F-19 provides a 
methodology for apportioning trucking company income to Utah.  Section R865-
6F-22 defines "worldwide year" and "water's edge year" in treatment of 
carrybacks and carry forwards, and notes criteria and penalties for switching 
from worldwide method to water's edge or from waters edge method to 
worldwide method.  Section R865-6F-24 provides that, in the case of a unitary 
group, nexus created by any member of the group creates nexus for the entire 
unitary group.  Section R865-6F-26 provides instructions for applying for and 
receiving historic preservation tax credit, and any subsequent carryforwards 
of that credit.  Section R865-6F-27 provides that the order of deducting 
credits against the corporate franchise tax is:  1) nonrefundable credits; 2) 
nonrefundable credits with a carryforward; and 3) refundable credits.  
Section R865-6F-28 provides guidance on what investments qualify for the 
enterprise zone franchise tax credits and how a business should calculate its 
base number of employees.  Rule also outlines the effect on tax credits if a 
county loses its designation as an enterprise zone.  Section R865-6F-29 
provides a methodology for apportioning railroad income to Utah.  Section 
R865-6F-30 sets forth the information a trustee of the Utah Educational 
Savings Plan Trust must provide to the tax commission and the forms necessary 
to provide this information to the commission.  Section R865-6F-31 defines 
"outer-jurisdictional property," "print," "printed materials," "purchaser," 
"subscriber," and "terrestrial facility."   Provides a methodology for 
apportioning income of publishing companies to the state for franchise tax 
purposes.  Section R865-6F-32 provides a methodology for apportioning the 
income of financial institutions to the state for franchise tax purposes.  
Defines terms related to financial institutions.  Section R865-6F-33 defines 
terms related to telecommunications corporations; provides a methodology for 
apportioning and allocating income for telecommunications corporations to the 
state for purposes of franchise tax.  Section R865-6F-36 defines terms for 
registered securities or commodities brokers or dealers; provides a 
methodology for apportioning the income of registered securities or 
commodities brokers or dealers to the state for corporate franchise and 
income tax purposes.  Section R865-6F-37 indicates how a taxpayer shall 
disclose a reportable transaction to the Commission and how a material 
advisor shall disclose a reportable transaction to the Commission.  Section 
R865-6F-38 provides that, in the absence of fraud, the amount certified as 
qualifying for the renewable energy systems tax credit shall be the amount 
allowed by the Commission as a credit.  Section R865-6F-39 defines captive 
real estate investment trust for purposes of the addition to unadjusted 
income required to compute the taxable income of a captive real estate 
investment trust.  Section R865-6F40 indicates that the activities of a 
partnership are taken into consideration in determining whether a corporation 
qualifies as a foreign operating company.  Therefore, this rule should be 
continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35599.htm

No. 35600 (5-year Review): R865-9I. Income Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-9I-2 defines "resident,", "resident taxpayer," "nonresident," 
"nonresident taxpayer," "part year resident," and "domicile" and clarifies 
domicile for purposes of a person in active military service.  Section R865-
9I-3 provides instructions on how to file for an income tax credit for income 
taxes paid to another state.  Section R865-9I-6 provides instructions for a 
husband and wife, if either one is a nonresident, to file separate returns 
even though they filed a joint federal return; provides a method to determine 
each spouse's FAGI when they qualify to file separate state returns.  Section 
R865-9I-7 provides definitions of "part year resident" and "FAGI", provides 
instructions for determining the FAGI of a part-year resident and a business 
with income from within and without Utah.  Section R864-9I-8 provides that 
two returns are not required when an individual changes status as resident or 
nonresident, except in unusual circumstances.  Section R865-9I-9 provides 
instructions for calculating a taxpayer's taxable state income when required 
to convert income from a period of less than a year to an annual basis for 
federal tax purposes.  Section R865-9I-10 states that a taxpayer must include 
a statement setting forth all differences when an alternate method of 
accounting is used to compute income from the method used the previous year.  
Section R865-9I-13 provides guidance for pass-through entity required 
withholding of Utah income tax from certain taxpayers.  Section R865-9I-14 
requires withholding only on Utah income, and allows credit for withholding 
paid to another state.  Provides instructions to employers regarding 
withholding of wages, including income subject to withholding, the number of 
exemptions that may be claimed, and use of tables published by the 
commission.  Section R865-9I-15 states that an employer need not withhold 
wages from an employee with a federal withholding certificate.  Section R865-
9I-16 prescribes the forms necessary to file withholding returns and sets 
forth penalties incurred by employers not filing properly.  Rule also 
prescribes information that must be on W-2 form.  Section R865-9I-17 
establishes conditions for employers to file withholding returns on a monthly 
basis and directions for filing monthly.  Section R865-9I-18 clarifies 
taxpayer responsibility to keep and store adequate records for income tax 
purposes.  Section R865-9I-19 clarifies whether a joint return or a separate 
return should be filed in a year in which one spouse dies.  Section R865-9I-
20 clarifies when a fiduciary is required to file a return and the 
information required to be on the fiduciary return, and establishes liability 
for payment of the estates or trust's taxes.  Section R865-9I-21 provides 
income tax filing instructions for individuals involved in a partnership.  
Clarifies method of filing if one member of partnership is a nonresident and 
the partnership has income from inside and outside the state.  Section R865-
9I-22 clarifies that any return filed with the tax commission is not valid 
unless the sender signs the return.  Also, clarifies the conditions a 
taxpayer must satisfy to file returns on reproduced or facsimile copies of 
state tax returns.   Section R865-9I-23 provides information for prepaying 
income tax.  Rule indicates when interest shall be charged on a return filed 
pursuant to an extension, and the amount of extension Utah residents in 
military service stationed outside the U.S. have to file their return.  
Section R865-9I-24 clarifies that provisions relating to prima facie evidence 
of delivery and the postmark date on registered mail from the United States 
postal system apply to certified mail as well.  Section R865-9I-30 provides 
for a taxpayer to waive the statute of limitations in order to determine 
whether an activity is engaged in for profit.  Section R865-9I-33 states that 
all Utah residents keeping forms for reporting rents, royalties, interest, 
and remuneration from Utah sources not subject to federal withholding must 
make them available to authorized representatives of the Tax Commission or 
submit them to the Tax Commission upon request.  Section R865-9I-34 states 
that, for property tax relief purposes, individuals living in an owned 
trailer home situated on rented land must complete two computations:  1) for 
property taxes on the mobile home; and 2) for the rental of the land, 
excluding charges for utilities, services, or furnishings supplied by the 
landlord.  Rule also states what portions of renter received assistance may 
be included in rent paid.  Section R865-9I-37 provides definitions for the 
enterprise zone tax credit and indicates when an investment is a qualifying 
investment for purposes of the credit.  Rule provides guidance on how an 
employer shall determine its base number of employees for purposes of the 
credit, maintenance of records, and revocation of countys designation as an 
enterprise zone.  Section R865-9I-41 provides instructions for applying for 
and receiving historic preservation tax credit, and any subsequent 
carryforwards of that credit.  Section R865-9I-42 provides that the order of 
deducting credits against individual income tax is:  1) nonrefundable 
credits; 2) nonrefundable credits with a carryforward; and 3) refundable 
credits.  Section R865-9I-44 defines "professional athletic team", "member of 
a professional athletic team," and "duty days" for purposes of apportioning 
income subject to Utah tax for all professional athletes performing in the 
state of Utah; provides that a professional athletic team is an employer 
required to withhold state income tax from the team members.  Section R865-
9I-46 requires medical savings account administrators to file information on 
each account they administer, along with a reconciliation, with the Tax 
Commission on an annual basis.  Rule outlines the content of the form, along 
with record keeping requirements and the necessity of each account holder to 
attached the form to their state return.  Section R865-9I-47 states that 
combat pay is excluded from withholding requirements and provides an 
extension of time to pay income taxes for individuals receiving combat pay.  
Section R865-9I-49 requires the trustee of the Utah Educational Savings Plan 
Trust to provide trust participants and the Tax Commission with certain 
information on the status of the participant's account with the trust.  
Section R865-9I-50 indicates when the addition to federal taxable income for 
interest on certain bonds shall apply.  Section R865-9I-51 provides 
conditions under which a withholding tax licensee will be considered to have 
changed the licensee's business address or ceased to do business.  Section 
R865-9I-52 provides that a credit for health benefit plan insurance shall be 
determined in the manner that provides the greatest possible credit.  Section 
R865-9I-53 indicates how a taxpayer shall disclose a reportable transaction 
to the Commission and how a material advisor shall disclose a reportable 
transaction to the Commission.  Section R865-9I-54 provides that, in the 
absence of fraud, the amount certified as qualifying for the renewable energy 
systems tax credit shall be the amount allowed by the Commission as a credit.  
Section R865-9I-55 provides that a qualified subchapter S subsidiary shall be 
treated in the same manner for Utah taxes as it is for federal taxes.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35600.htm

No. 35601 (5-year Review): R865-11Q. Self-Insured Employer Assessment.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-11Q-1 clarifies when employers need to obtain the experience 
modification factor, and provides direction for those who fail to obtain the 
factor within the specified time.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35601.htm

No. 35602 (5-year Review): R865-12L. Local Sales and Use Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-12L-1 provides that all rules made with respect to the state 
sales and use tax shall apply to the local sales and use tax.  Section R865-
12L-3 permits use of sales tax rate charts to determine sales tax due on a 
taxable sale.  Section R865-12L-4 requires that the local sales and use tax 
be reported to the Tax Commission on a combined return with the state sales 
and use tax.  Section R865-12L-11 outlines the sales tax liability of a 
person who purchases a motor vehicle from someone other than a licensed 
dealer.  Section R865-12L-14 provides procedures for local governing bodies 
review of local sales and use taxes remitted by businesses located within 
that political subdivision.  Rule also provides procedures for corrections 
for firms omitted from the list of a particular political subdivision or 
firms listed but not doing business in the jurisdiction of the political 
subdivision.  Section R865-12L-17 defines "primary business," and "retail 
establishment," and provides guidance necessary to administer the restaurant 
tax.  Section R865-12L-18 clarifies the Tax Commission's exclusive authority 
to administer and enforce the local sales and use tax, and lists the 
circumstances under which local governments:  1) shall have access to the Tax 
Commission records; and 2) may intervene in or appeal from a proposed final 
Tax Commission action.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35602.htm

No. 35603 (5-year Review): R865-13G. Motor Fuel Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-13G-1 defines "carrier" with regard to motor fuel deliveries.  
Requires that every carrier delivering motor fuels within this state submit 
written reports concerning all deliveries from outside Utah.  Section R865-
13G-3 provides criteria for determining whether a sale of motor fuel meets 
the export exemption from motor fuels tax.  Rule also requires that each 
export sale of motor fuel be supported by records.  Section R865-13G-5 allows 
motor fuel dealers that sell motor fuel in wholesale quantities to become a 
licensed distributor.  Allows licensed distributor to purchase motor fuel tax 
exempt if he satisfies certain conditions.  Section R865-13G-6 upon tax 
commission approval, exempts from motor fuel tax volatile or inflammable 
liquids that qualify as motor fuels, but are not useable in their present 
state in internal combustion engines.  Section R865-13G-8 clarifies 
definition of "agricultural purposes", for purposes of allowing tax refund 
for persons engaged in commercial agricultural work.  Section R865-13G-9 
clarifies exemption from motor fuel tax for motor fuels refined in Utah from 
solid hydrocarbons.  Section R865-13G-10 provides procedures for distributors 
that make sales to government agencies to claim the fuel tax exemption for 
sales to government agencies.  Clarifies the exemption from motor fuel tax 
for sale of motor fuel to Indian tribes and government agencies.  Section 
R865-13G-11 defines "gross gallon" and "net gallon" for use in calculating 
motor fuel tax liability.  Rule requires that all licensed distributors 
calculate motor fuel tax using either gross gallon or net gallon basis.  
Requires distributors to inform tax commission of choice then exclusively use 
this basis of calculation for 12 months without alternating.  Section R865-
13G-13 sets procedure for government entities to apply for a refund for motor 
fuel taxes paid; lists the records required to be maintained for purchases on 
which the refund is claimed.  Section R865-13G-15 provides procedures for 
administering the reduction of motor fuel tax authorized under Section 59-13-
201.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35603.htm

No. 35604 (5-year Review): R865-14W. Mineral Producers' Withholding Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-14W-1 defines "working interest owner," "first purchaser," 
"person," and "producer" with regard to the state mineral producer's 
withholding tax.  Clarifies withholding requirements, who is responsible to 
pay tax, including unpaid tax, and how claims for credits against the 
withholding tax should be made.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35604.htm

No. 35605 (5-year Review): R865-15O. Oil and Gas Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-15O-1 defines terms necessary to administration of the severance 
tax on oil and gas; indicates who must file returns when working interest 
owners engage in a business arrangement in which someone other than 
themselves is conducting the operations of an oil or gas lease.  Section 
R865-15O-2 indicates how the stripper well exemption applies to a well that 
produces oil and gas; states that the consecutive 12-month requirement need 
not fall within one calendar year; indicates how average daily production 
shall be calculated.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35605.htm

No. 35606 (5-year Review): R865-19S. Sales and Use Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-19S-1 distinguishes between sales and use taxes.  Section R865-
19S-2 describes sales and use taxes as transaction taxes rather than taxes on 
articles sold; explains that purchaser pays the tax, not the vendor.  The 
vendor merely remits the tax to the state.  Section R865-19S-4 indicates 
that, unless otherwise provided by statute, an invoice or receipt shall show 
sales tax as a separate line item or in the underlying books and records kept 
in the vendor's ordinary course of business. If vendors collect an excess 
amount of tax, they must refund the tax to customers or remit excesses to Tax 
Commission.  Indicates circumstances under which an over collection of taxes 
may be offset against an under collection of taxes.  Section R865-19S-7 
explains sales tax license requirements for businesses.  Outlines rules for 
business address changes and business closures.  Section R865-19S-12 
prescribes the basic form for vendor tax returns.  Outlines commission rules 
for timely filing and extensions.  Distinguished between annual filing status 
and quarterly filing status requirement.  Explains alternative sales tax 
deposits (daily, weekly, or monthly) if necessary for the remittance of tax.  
Section R865-19S-13 explains confidentiality of returns and states that 
persons requesting a copy of their own tax returns must present proper 
identification.  Section R865-19S-16 clarifies vendor procedure when vendor 
has collected excess taxes.  Section R865-19S-20 defines the term "total 
sales" for sales tax purposes.  Enumerates the circumstances under which the 
Tax Commission will give adjustments and credits. Vendor commissions are not 
deductible.  Section R865-19S-22 describes the proper method of sales and use 
tax record keeping for retailers, lessees, and lessors.  Discusses proper 
microfilm and microfiche methods and ADP accounting system records.  Explains 
Tax Commission prerogatives if records are not prepared and maintained in the 
prescribed manner.  Section R865-19S-23 describes the exemption certificate 
requirement for vendors of exempt tangible personal property.  Section R865-
19S-25 requires sales tax license holders to return tax licenses for 
cancellation upon sales of business.  Requires sales tax license holders to 
retain business records for three years after discontinuation of business.  
Section R865-19S-30 lists the evidence required for calculating sales and use 
tax for vehicle sales with or without a trade-in vehicle used as partial 
payment.  Section R865-19S-31 time and place of sale determined by contract 
between seller and buyer.  The intent of the parties is subject to generally 
accepted contract law.  Section R865-19S-32 explains sales tax implications 
for leases, rentals, and conditional sales leases.  Provides examples of 
taxable leases.  Section R865-19S-33 defines "admissions," "annual membership 
dues," and "season passes;" clarifies what is not an admission; states that 
amounts paid for activities that are not admissions must be separately stated 
on the invoice.  Section R865-19S-34 defines "place of amusement" as a 
definite location.  Admission is subject to tax even though the charge 
includes the right to participate in an activity.  Section R865-19S-35 
clarifies definition of "residential use" to include nursing homes.  
Definition of "fuels" does not include explosives.  Taxable status of fuel 
furnished through a single meter is determined by its predominant use.  
Section R865-19S-37 defines "commercials," "audio tapes," "video tapes," 
"motion picture exhibitor," and "distributor."  Section R865-19S-38 clarifies 
definition of "isolated or occasional" sales.  Section R865-19S-40 sales tax 
exemption for agricultural produce/agricultural products exchanges explained.  
Section R865-19S-41 clarifies, for purposes of the sales tax exemption for 
the U. S. government, when a sale is made to the U. S. government.  Section 
R865-19S-42 clarifies when a sale is made to "state of Utah" for exemption 
purposes.  Section R865-19S-43 outlines exemption qualification requirements 
for religious or charitable institutions.  Section R865-19S-44 explains 
meaning of "sales made in interstate commerce."  Section R865-19S-48 explains 
that returnable containers are not exempt from sales tax (although non-
returnable containers are).  Containers sold for final use to the consumer 
are not exempt.  Deposits on containers are subject to sales tax; retailer 
may take tax credit if deposit refund is made to customer.  Section R865-19S-
49 defines "farming operations" for purposes of the agricultural exemption; 
food, medicine, and supplies for animals in agricultural use exempt from 
sales tax.  Fur bearing animals raised for fur are exempt agricultural 
products.  These exemptions are only applicable to commercial farming 
operations.  Purchaser must supply exemption certificate to vendor.  Explains 
that poultry, eggs, and dairy products are not seasonal products under 
Subsection 59-12-104 (21).  Section R865-19S-50 defines flowers, trees 
bouquets, plants, etc. as agricultural products.  Explains tax rules for 
florist telegraphic deliveries.  Florist receiving the order from the buyer 
must collect tax.  Section R865-19S-51 clarifies tax rules for manufacturing 
and assembling labor on tangible personal property.  Sale of the personal 
property itself is not exempt unless specifically exempted.  Section R865-
19S-53 sales by finance companies of tangible personal property acquired by 
repossession or foreclosure are subject to tax.  Section R865-19S-54 explains 
governmental sales tax exemption and lists state and federal governmental 
entities exempt from tax.  Section R865-19S-56 explains that sales by 
employers to employees are generally subject to sales tax.  Section R865-19S-
57 retail sales of ice are taxable.  Ice to be re-sold is not taxable.  
Contract sales of ice to railroads or freight lines are taxable; no deduction 
for services is allowed.  Section R865-19S-58 explains that construction 
materials are taxable to contractor or repairman if contractor or repairman 
converts them to real property.  Defines "construction materials."  Sales of 
materials to contractors are taxable; sale of completed real property is not.  
Contractor is the final consumer when contractor converts tangible personal 
property to real property.  Defines conditions under which sales of 
construction materials to religious or charitable institutions are exempt.  
Provides examples of items that remain tangible personal property even when 
attached to real property (and hence are taxable).  Section R865-19S-59 
defines sales of tangible personal property to repair persons or renovators 
as "for resale" sales, and there- fore exempt.  Sales of supplies consumed by 
repair persons or renovators are taxable.  Section R865-19S-60 explains that 
items sold to businesses for use in carrying on business are taxable.  Gives 
examples of office supplies, trade fixtures, etc. that are subject to tax.  
Section R865-19S-61 clarifies definition of tax exempt meal sales.  Meals 
available to general public not exempt.  Defines "available to general 
public."  Section R865-19S-62 meal tickets, coupon books, and merchandise 
cards, sold by persons engaged in selling those items, are taxable.  Explains 
collection procedure.  Section R865-19S-63 defines tombstones and grave 
markers as improvements to real property.  Defines tax rules for sales of 
these items.  Section R865-19S-65 clarifies tax rules for newspaper sales.  
Defines "newspaper" for tax exemption purposes.  Explains rules for 
advertising inserts.  Section R865-19S-66 distinguishes between services 
rendered and tangible personal property sold by optometrists, 
ophthalmologists, and opticians.  Services are not taxable, but sales of the 
tangible personal property are taxable.  Section R865-19S-68 defines 
premiums, gifts, rebates, and coupons as taxable tangible personal property.  
Explains tax rules for donations of these items.  Section R865-19S-70 defines 
persons who render services (doctors, dentists, barbers, or beauticians) as 
the consumers of the tangible personal property dispensed during their 
services.  Section R865-19S-72 explains sales tax exemption for trade-ins and 
exchanges of tangible personal property.  Section R865-19S-73 explains the 
responsibility of trustees, receivers, executors, administrators, etc. of 
collecting and remitting sales tax on all taxable sales, including those made 
at liquidation.  Section R865-19S-74 defines vending machine operators as 
retailers.  Defines "cost" for the purposes of the 150% cost formula in 
Section 59-12-104(3).  Requires vending machine operators to secure a sales 
tax license and to display license number on each vending machine.  Section 
R865-19S-75 defines sales by photographers, photofinishers, and photostat 
producers as sales of tangible personal property.  Requires these persons to 
collect tax on their services and on sales of related tangible personal 
property.  Section R865-19S-76 defines charges for painting, polishing, 
washing, cleaning, and waxing tangible personal property as subject to tax, 
with no deduction allowed for the service involved.  Explains that sales of 
items used in providing these services are subject to tax.  Section R865-19S-
78 explains that labor charges for installation, repair, renovation, and 
cleaning of tangible personal property are taxable; labor charges for 
installation of tangible personal property that becomes real property are not 
subject to tax. (Clarifies Subsection 59-12-103(1)(g)).  Section R865-19S-79 
defines "tourist home," "hotel," "motel," "trailer court," "trailer," and 
"accommodations and service charges."  Section R865-19S-80 Defines "Pre-press 
materials" and "printer."  Describes sales tax liability for sales and 
purchases made by printers.  Section R865-19S-81 explains that the sale of 
artwork is taxable.  Purchase of art supplies that become part of the 
finished product may be purchased tax free.  Section R865-19S-82 outlines 
sales tax rules for items used for display, trial, or demonstration.  
Tangible personal property used for display, trial, or demonstration is not 
subject to tax.  Demonstration items used primarily for company or personal 
use are subject to tax.  Section R865-19S-83 describes procedure for tax 
reimbursement of purchases for construction of pollution control facilities.  
Provides that after a pollution control facility is certified qualifying 
purchases should be made tax exempt.  Section R865-19S-85 defines 
"establishment," "machinery and equipment" and "manufacturer," for the 
purpose of the exemption for new and expanding operations and normal 
operating replacements; indicates when different activities performed at a 
single location constitute a separate and distinct establishment.  Section 
R865-19S-86 outlines procedures for mandatory filers, defines "mandatory 
filer" and related terms; describes criteria for vendor reimbursement of the 
cost of collecting and remitting sales taxes.  Delineates procedures for 
Electronic Funds Transfer (EFT) remittance of sales taxes.  Section R865-19S-
87 defines "tooling," "special tooling," "support equipment," and "special 
test equipment" for purposes of the aerospace or electronics industry 
contract exemption set forth in Section 59-12-104.  Section R865-19S-90 
defines "interstate," "intrastate," and "two-way transmission" for purposes 
of Section 59-12-103.  Enumerates taxable telephone services and gives 
examples of nontaxable charges.  Section R865-19S-91 explains that sales to 
government contractors are subject to sales tax if the contractor uses or 
consumes the property.  Lists criteria for qualification as a purchasing 
agent for a government entity.  Section R865-19S-92 defines "computer 
generated output;" indicates that prewritten computer software is subject to 
sales tax regardless of the form in which it is transferred; indicates that 
custom computer software is exempt from sales tax regardless of the form in 
which it is transferred.  Section R865-19S-93 describes procedure for payment 
of waste tire recycling fees and clarifies what sales of tires are subject to 
the fee.  Section R865-19S-94 distinguishes between taxable and non-taxable 
tips, gratuities, and cover charges at restaurants, cafes, and clubs.  
Section R865-19S-96 outlines assessment of the transient room tax.  Section 
R865-19S-98 defines "use" for purposes of vehicle sales tax exemption for 
nonresidents.  Describes qualifications for nonresident status.  Describes 
qualifications for vehicles deemed not used in this state.  Section R865-19S-
99 explains that vehicles purchased in another state are exempt from Utah 
sales tax if sales tax has been paid in another state.  Registration card 
from another state serves as evidence of such payment.  Section R865-19S-100 
explains procedures for sales tax exemptions and refunds for religious and 
charitable organizations.  Section R865-19S-101 explains that document 
preparation fees assessed for motor vehicle sales are exempt from sales tax 
if separately identified and not included in the vehicle sale price.  Section 
R865-19S-102 states that ski resorts that do not have a separate meter for 
their exempt purchases shall determine a methodology to calculate exempt 
electricity purchases, and to receive Tax Commission approval prior to using 
that methodology.  Section R865-19S-103 defines "gas" and "supplying taxable 
energy" for purposes of the municipal energy sales and use tax.  Also defines 
"delivered value" and "point of sale" of taxable energy.  Sets forth 
responsibilities of an energy supplier and a user of taxable energy.  Section 
R865-19S-104 clarifies that the annual distribution of the county option 
sales tax shall be based on a calendar year; adjustments shall be reflected 
in the February distribution.  Section R865-19S-108 defines "user fee" for 
purposes of sales and use tax on admission or user fees.  Section R865-19S-
109 distinguishes between the taxable and non-taxable status of purchases and 
sales made by a veterinarian; provides that if a sale by a veterinarian 
includes both taxable and nontaxable items, the nontaxable items must be 
separately stated or the entire invoice is subject to tax.  Section R865-19S-
110 defines "advertiser."  Clarifies taxable status of purchases and sales 
made by advertisers.  Section R865-19S-111 clarifies when a graphic design 
service is non-taxable; provides that a vendor who provides both nontaxable 
graphic design services and taxable tangible personal property must 
separately state nontaxable amounts or the entire sale is taxable.  Section 
R865-19S-113 defines "federal airway;" indicates when amounts paid for 
aircraft or watercraft tours are exempt from sales tax; indicates when sales 
tax shall be collected in Utah for a service that occurs in Utah and another 
state.  Section R865-19S-114 defines items that constitute clothing in 
accordance with the Streamlined Sales and Use Tax Agreement.  Section R865-
19S-115 defines items that constitute protective equipment in accordance with 
the Streamlined Sales and Use Tax Agreement.  Section R865-19S-116 defines 
items that constitute sports or recreational equipment in accordance with the 
Streamlined Sales and Use Tax Agreement.  Section R865-19S-117 provides 
guidelines for rounding the computation of sales tax.  Section R865-19S-118 
provides the terms of the uniform interlocal agreement that governs the 
commission's administration of the municipal telecommunications license tax.  
Section R865-19S-120 defines terms for the sales tax exemption relating to 
film, television, and video; indicates transactions that do not qualify for 
the sales tax exemption.  Section R865-19S-121 defines terms for purposes of 
the sales tax exemption for certain purchases by a mining facility; indicates 
the items the exemption applies to.  Section R865-19S-122 defines terms for 
purposes of the sales tax exemption for certain purchases by a web search 
portal establishment; indicates the items the exemption applies to.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35606.htm

No. 35607 (5-year Review): R865-20T. Tobacco Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R865-20T-1 clarifies that the cigarette tax and tobacco products tax 
are imposed upon the first purchase, use, storage, or consumption in the 
state, and clarifies that no tax is due from a nonresident or tourist  who 
purchases cigarettes outside the state for use, storage, or consumption 
inside the state.  Section R865-20T-3 states that each vending machine 
selling tobacco is to be licensed as a separate place of business.  The 
license will be posted in a conspicuous place on the machine.  Rule also 
provides guidelines for application for license and to change the place of 
business.  Section R865-20T-5 sellers of tobacco products not required to 
post bond if previous seller has paid the tax on the products; indicates how 
the amount of the bond shall be calculated.  Section R865-20T-7 clarifies 
that sales of cigarettes and tobacco products to vendors outside the state 
are not subject to this tax.  Rule also provides guidelines on records that 
must be maintained to evidence this exemption.   Section R865-20T-8 requires 
manufacturers, jobbers, distributors, wholesalers, retailers, users, or 
consumers of tobacco products or cigarettes to keep records necessary to 
determine the amount of tax due on the sale and consumption of these products 
for a period of three years.  Section R865-20T-9 allows inventories of 
cigarettes held by manufacturers to be delivered to wholesalers or jobbers 
without being stamped.  Records of those deliveries must be kept with 
information provided in the rule, and made available to the Tax Commission.  
Section R865-20T-10 provides guidelines to renew a cigarette and tobacco 
products license or to reinstate a revoked or suspended license.  Section 
R865-20T-11 allows manufacturers, distributors, wholesalers, and retailers 
that are required to provide, on a quarterly basis, a copy of the importers 
federal import permit and customs form, to exclude those items from enclosure 
with their quarterly report so long as that information is kept in their 
records, and provided to the Tax Commission upon request.  Section R865-20T-
12 defines a "counterfeit stamp" for purposes of the definition of a 
"counterfeit cigarette."  Section R865-20T-13 indicates how the moisture 
content of a tobacco product shall be measured and how the tax on moist snuff 
shall be calculated.  Section R865-20T-14 indicates how the directory of 
cigarettes approved for stamping and sale in the state shall be updated.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35607.htm


MOTOR VEHICLE
No. 35608 (5-year Review): R873-22M. Motor Vehicle.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R873-22M-2 clarifies documentation necessary for registration or 
titling of vehicles under unique circumstances.  Section R873-22M-7 specifies 
procedures for transfer of license plates from one vehicle to another; 
provides a method for determining additional registration fees if the gross 
laden weight of a vehicle registered by gross laden weight increases during 
the registration year.  Section R873-22M-8 clarifies when a registration 
issued for a period of three, six, or nine calendar months expires.  Section 
R873-22M-11 allows a driver to carry a copy of the original registration card 
in lieu of the original in state-owned or state- leased vehicles.  Section 
R873-22M-14 clarifies positioning of decals on license plates.  Section R873-
22M-15 sets forth procedures for applying for a state-issued vehicle 
identification number (VIN) if the original VIN has been removed or altered 
or if one never existed.  Rule also states where a state-issued VIN shall be 
placed on the vehicle.  Rule also sets forth specifications for state-issued 
VIN.  Section R873-22M-16 establishes requirements for:  1) a lien holder who 
repossesses a motor vehicle to obtain title on that vehicle; 2) recording a 
new lien; and 3) issuing a new certificate of title showing the assignee as 
lienholder.  Section R873-22M-17 provides criteria that an impound lot must 
meet to be used by the state of Utah.  Section R873-22M-20 defines 
"aircraft;" provides that aircraft subject to FAA registration shall be 
registered in Utah; provides a registration period; aircraft assessed as part 
of an airline by the Tax Commission are exempt from registration; requires a 
decal to be placed on a registered aircraft.  Section R873-22M-22 allows an 
out-of-state branded vehicle to be issued a comparable Utah branded title; 
Utah registration expires when a vehicle qualifies for a title brand; defines 
"cost to repair or restore a vehicle for safe operation" for purposes of 
unbranding a vehicle.  Section R873-22M-24 provides definitions of "cosmetic 
repairs" and "collision estimating guide recognized by the Motor Vehicle 
Enforcement Division" for purposed of unbranding salvage vehicles.  Section 
R873-22M-25 requires written notification that a vehicle has been issued a 
salvage certificate or branded title to a prospective buyer on a form 
provided by the Motor Vehicle Enforcement Division; states where the form 
must be displayed if the seller is a dealer.  Section R873-22M-26 states that 
a certified vehicle inspector shall determine if an interim inspection is 
needed; vehicles repaired beyond the point of a required interim inspection 
may not be unbranded if the interim inspection has not been performed; 
provides guidelines on when a repair may qualify a vehicle to receive an 
unbranded title.  Persons performing the inspection must have an I-CAR 
certification.  Section R873-22M-27 sets forth requirements individuals must 
meet to qualify for special group license plates.  Section R873-22M-28 allows 
the owner of a vehicle that is forty years or older with a horseless carriage 
plate issued prior to 07/01/1992 the privilege of exchanging it for a vintage 
vehicle special group license plate issued after 07/01/1992.  Section R873-
22M-29 details what a removable and a temporary removable disabled windshield 
placard shall look like; provides when the windshield placard may be issued 
and where it must be placed in the vehicle.  Section R873-22M-30 defines the 
term "series" with regard to the issuance of an original issue license plate; 
states that the numeric code on the original issue plate cannot mirror a 
numeric code on a license plate already in existence.  Section R873-22M-32 
defines certificate of title with regard to section 41-1a-1010 of Utah Code.  
Requires an applicant with a vehicle eligible for retitling under section 41-
1a-1010 to receive a title consistent with the title at the time of 
application for a permit to dismantle.  Section R873-22M-33 provides a 
definition of "private institution of higher education" and "standard 
collegiate degree" for purposes of collegiate license plates.  Section R873-
22M-34 states conditions under which a personalized license plate may not be 
issued.  Allows an applicant the right to request a review of the denial; 
provides procedures for review.  Section R873-22M-35 if the user of a 
personalized plate fails to renew the plate within one year of the 
expiration, the plate will be considered surrendered to the division and the 
plate may be reissued to a new requestor.  Section R873-22M-36 defines 
"advisory notice" and provides the procedures necessary to access protected 
motor vehicle records by telephone or in person.  Section R873-22M-40 
provides a method to determine the age of a vehicle for purposes of 
determining the frequency of the state safety inspection required under 
Section 53-8-205.  Section R873-22M-41 indicates when the commission shall 
issue a salvage certificate for a vehicle to an insurance company.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35608.htm


MOTOR VEHICLE ENFORCEMENT
No. 35609 (5-year Review): R877-23V. Motor Vehicle Enforcement.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R877-23V-3 prohibits holders of a dealer license from working as a 
salesperson for another dealer.  Rule does allow dealership owners to engage 
as no-fee salespersons for their own dealerships.  Section R877-23V-5 
establishes guidelines for issuance, placement, and records of temporary 
motor vehicle registration permits and extension permits issued by dealers.  
Section R877-23V-6 clarifies issuance of in-transit permits for piggybacked 
semi tractors.  Section R877-23V-7 sets forth standards of practice for 
advertising and sale of motor vehicles.  Section R877-23V-8 requires all 
dealers, dismantlers, manufacturers, remanufactures, transporters, crushers, 
and body shops to post a legible sign at principal and additional places of 
business; requires these entities to identify their vehicles through signage 
on the vehicles.  Section R877-23V-10 requires all automobile manufacturers 
licensed in Utah, to comply with federal vehicle identification number (VIN) 
requirements.  Section R877-23V-11 requires all persons licensed under 
section 41-3-202 to notify the motor vehicle enforcement division immediately 
of any change in ownership, address, or circumstance relating to its fitness 
to be licensed.  Section R877-23V-12 establishes criteria that must be met 
before the issuance of a motor vehicle related license.  Section R877-23V-14 
requires a dealer issuing temporary permits to segregate and identify state 
mandated fees.  Rule also requires dealer to post a visible and prominent 
sign if the dealer charges a customer a dealer documentary service fee.  
Section R877-23V-16 provides that a lost or stolen special plate may be 
replaced only after it has expired; requires a replaced special plate to be 
included in the calculation of special plates under 41-3-503.  Section R877-
23V-18 outlines qualifications for a salvage vehicle buyer license and 
evidence needed to support those qualifications.  Therefore, this rule should 
be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35609.htm


PROPERTY TAX
No. 35592 (5-year Review): R884-24P. Property Tax.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section R884-24P-5 defines "household income" with regard to property tax 
abatements or deferrals for indigent persons; states that absence from 
residence due to vacation, confinement to hospital or other temporary 
situations shall not be deducted from the ten-month residency requirement of 
Section 59-2-1109.  Section R884-24P-7 defines terms; provides a methodology 
for assessment of mining properties.  Section R884-24P-10 defines terms and 
provides methodology necessary for taxation of underground rights in land 
that contains deposits of oil or gas; also provides for withholding of these 
taxes.  Section R884-24P-14 requires assessor to consider preservation 
easements when valuing historically significant real property and structures; 
also requires property owner to inform assessor of the preservation easement.  
Section R884-24P-16 defines terms and provides a methodology for valuing 
Interlocal Cooperation Act project entity properties.   Refers to Section 11-
13-25 which is renumbered.  Section R884-24P-19 sets forth the ad valorem 
training and designation program.  Section R884-24P-20 defines terms 
concerning the appraisal of property under construction and provides 
methodology for valuing that property.  Section R884-24P-24 sets forth form 
county auditor must use to notify real property owners of property valuation 
and tax changes; provides guidelines to be used in determining new growth, 
the certified tax rate, and increase in property tax revenues.  Section R884-
24P-27 defines terms related to the standards of assessment performance; sets 
forth standards of assessment performance regarding assessment level and 
uniformity; states when corrective action is necessary; and provides an 
alternate performance evaluation.  Section R884-24P-28 sets forth a procedure 
for reporting heavy equipment leased or rented during the tax year.  Section 
R884-24P-29 states situations when household furnishings, furniture and 
equipment are subject to property tax.  Section R884-24P-32 clarifies that 
leasehold improvements shall be included in the value of the underlying real 
property and assessed to the owner of the underlying real property unless the 
underlying real property is owned by an exempt entity.  Section R884-24P-33 
defines terms; provides percent good schedules for all personal property to 
be used to arrive at the propertys taxable value.  Section R884-24P-35 
requires the owner of property receiving a property tax exemption based on 
exclusive use for religious, charitable, or educational purposes to file an 
annual affidavit.  Section R884-24P-36 sets forth items that must appear on 
the real property tax notice, in addition to items required in Section 59-2-
1317.  Section R884-24P-37 requires the county assessor to maintain an 
appraisal record of all real property subject to assessment by the county; 
indicates what information shall be included in the record; requires the 
value of the land and improvements be shown separately.  Section R884-24P-38 
provides definitions and a methodology for assessing nonoperating railroad 
properties.  Section R884-24P-40 clarifies when parsonages, rectories, 
monasteries, homes and residences are used exclusively for religious 
purposes; states that vacant land not actively used by the religious 
organization is not exempt from property tax.  Section R884-24P-42 provides 
procedures an assessor must follow upon Commission completion of audits of 
personal property and land subject to the Farmland Assessment Act.  Section 
R884-24P-44 indicates who is the owner for purposes of the property tax 
exemption for the owner of equipment and machinery used for agricultural 
purposes; clarifies when machinery and equipment are not used for farming 
purposes.  Section R884-24P-49 defines terms and provides a methodology for 
valuating a private rail car company apportioned to Utah.  Section R884-24P-
50 defines terms and provides a methodology for apportioning the Utah portion 
of commercial aircraft.  Section R884-24P-52 defines terms and establishes 
criteria necessary for the determination of whether a residence is a primary 
residence in Utah.  Section R884-24P-53 provides valuation tables for the 
valuation of land subject to the Farmland Assessment Act.  Section R884-24P-
55 requires each county to establish a written ordinance for real property 
sale procedures and indicates what issues the ordinance must address.  
Section requires that the ordinance be displayed in a public place and be 
available to all interested parties.  Section R884-24P-56 provides a formula 
to calculate the previous year's statewide rate; apportions vehicles assessed 
under Section 41-1a-301 at the same percentage filed with the Customer 
Service Division of the Tax Commission; defines "principal route."  Section 
R884-24P-57 defines terms related to a judgment levy; provides guidelines on 
a judgment levy public hearing and advertisement; requires taxing entities to 
file with the Tax Commission a statement certifying that they meet the 
qualifications for imposing a judgment levy.  Section R884-24P-58 indicates 
how the one-time decrease in the certified rate based on the county option 
sales tax shall be determined.  Section R884-24P-59 indicates how the one-
time decrease in the certified rate based on resort community sales tax shall 
be determined.  Section R884-24P-60 excludes motorcycles from the definition 
of "motor vehicle;" provides additional guidelines on the calculation of the 
age-based uniform fee on tangible personal property.  Section R884-24P-61 
defines "recreational vehicle" and excludes motorcycles from the definition 
of "motor vehicle;" clarifies what types of personal property the uniform fee 
applies to; provides a formula to determine the fair market value of tangible 
personal property.  Section R884-24P-62 defines terms related to state-
assessed utility and transportation properties; provides a methodology for 
valuation of state-assessed utility and transportation properties.  Section 
R884-24P-63 requires a written customer service performance plan to be 
developed by the party contracting to collect both state registration fees 
and county property taxes on vehicles; requires county offices and the Tax 
Commission to provide training.  Section R884-24P-64 provides a formula for 
determining the taxable value of vehicles owned by disabled veterans and the 
blind for purposes of the property tax exemptions for the disabled veterans 
and the blind.  Section R884-24P-65 defines "transitory personal property" 
and clarifies when this type of property is subject to a proportional 
assessment of property tax.  Section R884-24P-66 defines "factual error;" 
indicates when a board of equalization must accept a property tax appeal that 
is filed beyond the period allowed under the statute of limitations.  Section 
R884-24P-67 provides an annual reporting mechanism to assist county assessors 
in gathering data necessary for accurate valuation of low-income housing 
projects.  Section R884-24P-68 provides guidance in determining whether a 
taxpayer qualifies for the property tax exemption for tangible personal 
property with a total aggregate fair market value of $3,500 or less.  Section 
R884-24P-70 provides that county mass appraisal systems shall use accepted 
valuation methodologies to perform the annual update of all residential 
parcels and defines "accepted valuation methodologies;" indicates what a 
detailed review of property characteristics includes.  Therefore, this rule 
should be continued.
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
EFFECTIVE:  01/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35592.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).


ATTORNEY GENERAL
ADMINISTRATION
No. 35546 (Expired): R105-1. Attorney General's Selection of Outside Counsel, 
Expert Witnesses and Other Litigation Support Services.
SUMMARY:  Rule R105-1 has expired.  Neither a notice of continuation nor a 
request for extension had been filed by the anniversary date.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by 
Internet E-mail at nllancaster@utah.gov
EFFECTIVE:  12/16/2011
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120115/35546.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. 


AGRICULTURE AND FOOD
ANIMAL INDUSTRY
No. 35154  (AMD): R58-20.  Domesticated Elk Hunting Parks
Published:  09/01/2011
Effective:  12/19/2011



EDUCATION
ADMINISTRATION
No. 35375  (AMD): R277-480.  Charter School Revolving Account
Published:  11/15/2011
Effective:  12/27/2011



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35334  (AMD): R414-310.  Medicaid Primary Care Network Demonstration 
Waiver
Published:  11/01/2011
Effective:  12/23/2011

No. 35335  (AMD): R414-320.  Medicaid Health Insurance Flexibility and 
Accountability Demonstration Waiver
Published:  11/01/2011
Effective:  12/23/2011

Family Health and Preparedness, Licensing
No. 35322  (AMD): R432-600.  Abortion Clinic Rule
Published:  11/01/2011
Effective:  12/23/2011



HUMAN SERVICES
ADMINISTRATION
No. 35178  (R&R): R495-878.  Department of Human Services Civil Rights 
Complaint Procedure
Published:  09/15/2011
Effective:  12/27/2011


SERVICES FOR PEOPLE WITH DISABILITIES
No. 35176  (AMD): R539-9.  Supported Employment Pilot Program
Published:  09/15/2011
Effective:  12/27/2011



INSURANCE
ADMINISTRATION
No. 35387  (AMD): R590-160.  Administrative Proceedings
Published:  11/15/2011
Effective:  12/29/2011



LABOR COMMISSION
ADJUDICATION
No. 35377  (AMD): R602-2-4.  Attorney Fees
Published:  11/15/2011
Effective:  12/29/2011


INDUSTRIAL ACCIDENTS
No. 35363  (AMD): R612-4-2.  Premium Rates for the Uninsured Employers' Fund 
and the Employers' Reinsurance Fund
Published:  11/01/2011
Effective:  01/01/2012



PUBLIC SAFETY
FIRE MARSHAL
No. 35401  (AMD): R710-6.  Liquefied Petroleum Gas Rules
Published:  11/15/2011
Effective:  12/24/2011



SCHOOL AND INSTITUTIONAL TRUST LANDS
ADMINISTRATION
No. 35400  (AMD): R850-8.  Adjudicative Proceedings
Published:  11/15/2011
Effective:  12/22/2011



TAX COMMISSION
AUDITING
No. 35380  (AMD): R865-4D-24.  Special Fuel Tax License Pursuant to Utah Code 
Ann. Section 59-13-302
Published:  11/15/2011
Effective:  12/22/2011

No. 35381  (AMD): R865-6F-8.  Allocation and Apportionment of Net Income 
(Uniform Division of Income for Tax Purposes Act) Pursuant to Utah Code Ann. 
Sections 59-7-302 through 59-7-321
Published:  11/15/2011
Effective:  12/22/2011

No. 35382  (AMD): R865-6F-28.  Enterprise Zone Corporate Franchise Tax 
Credits Pursuant to Utah Code Ann. Sections 63M-1-401 through 63M-1-416
Published:  11/15/2011
Effective:  12/22/2011

No. 35384  (AMD): R865-9I-2.  Determination of Utah Resident Individual 
Status Pursuant to Utah Code Ann. Section 59-10-103
Published:  11/15/2011
Effective:  12/22/2011

No. 35385  (AMD): R865-9I-18.  Taxpayer Records, Statements, and Special 
Returns Pursuant to Utah Code Ann. Section 59-10-501
Published:  11/15/2011
Effective:  12/22/2011

No. 35386  (AMD): R865-9I-37.  Enterprise Zone Individual Income Tax Credits 
Pursuant to Utah Code Ann. Sections 63M-1-401 through 63M-1-414
Published:  11/15/2011
Effective:  12/22/2011

No. 35383  (AMD): R865-13G-17.  Motor Fuel Tax License Pursuant to Utah Code 
Ann. Section 59-13-203.1
Published:  11/15/2011
Effective:  12/22/2011



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 35402  (AMD): R986-200.  Family Employment Program
Published:  11/15/2011
Effective:  12/29/2011




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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