Utah State Digest, Vol. 2012, No. 4 (February 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.]

------------------------------------------------------------

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


For information filed January 18, 2012, 12:00 AM through February 1, 2012, 
11:59 PM


Volume 2012, No. 4
February 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
348.792'025--DDC            86-658042
***********************************************




1.  SPECIAL NOTICES

Notice for March 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/2012/20120215/sn152115.htm




2.  EXECUTIVE DOCUMENTS

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

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

Governor's Executive Order EO/002/2012:  Declaring a State of Emergency Due 
to Winter Storm in Davis County
- Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by 
Internet E-mail at Abuchholz@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2012/ExecDoc152113.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 January 18, 2012, 12:00 a.m., and February 1, 
2012, 11:59 p.m. are summarized in this, the February 15, 2012, issue of the 
Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the February 15, 2012, issue of the Utah State Bulletin until at 
least March 16, 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 June 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
FLEET OPERATIONS
No. 35727 (New Rule): R27-9. Dispensing Compressed Natural Gas to the Public.
SUMMARY OF THE RULE OR CHANGE:  This rule defines the availability and terms 
of operations for the public to access state-managed compressed natural gas 
fueling locations.  It sets fueling priority and limits, defines which state 
managed compressed natural gas fueling locations will be available to the 
public, and provides conditions upon which a private individual or entity's 
authorization to purchase compressed natural gas from a state managed fuel 
location can be revoked or suspended.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  By providing public access to state-managed compressed 
natural gas fueling locations, the operational cost of these sites will be 
spread over a larger consumer base.  This may result in a small savings to 
the state budget.
- LOCAL GOVERNMENTS:  By providing public access to state-managed compressed 
natural gas fueling locations, the operational cost of these sites will be 
spread over a larger consumer base.  This may result in a small savings to 
the local governments that have partnered with the State Fuel Network for 
fuel management.
- SMALL BUSINESSES:  The cost of compressed natural gas is significantly less 
than that of gasoline or diesel.  By allowing the public to access state-
managed compressed natural gas fuel locations, small businesses can take 
advantage of the increased availability of this fuel and could see 
substantial savings.  This rule is also designed to prevent state-managed 
fuel sites from competing with private sector fuel providers by closing 
access to state-managed sites if a private sector provider opens within a 
designated geographical range.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The cost of compressed natural gas is significantly less than that 
of gasoline or diesel.  By allowing the public to access state-managed 
compressed natural gas fuel locations, persons other than small businesses 
can take advantage of the increased availability of this fuel and could see 
substantial savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The state-managed compressed natural gas fueling locations 
are already equipped to accept credit cards, as well as fuel cards.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The cost of compressed natural gas is significantly less than 
that of gasoline or diesel.  By allowing the public to access state-managed 
compressed natural gas fuel locations, businesses can take advantage of the 
increased availability of this fuel and could see substantial savings.  This 
rule is also designed to prevent state managed fuel sites from competing with 
private sector fuel providers by closing access to state-managed sites if a 
private sector provider opens within a designated geographical range.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Brian Fay by phone at 801-538-3502, by FAX at 801-359-0759, or by Internet 
E-mail at bfay@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35727.htm



HEALTH
CHILDREN'S HEALTH INSURANCE PROGRAM
No. 35788 (Amendment): R382-10. Eligibility.
SUMMARY OF THE RULE OR CHANGE:  This change allows the Department to provide 
medical assistance to a child under the age of 19 during a presumptive 
eligibility period.  It also clarifies that the Department may complete a 
simplified eligibility review that does not require a recipient to provide 
additional information.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department estimates a cost of about $967 to the 
General Fund and about $3,793 in federal dollars.  This estimate is based on 
one additional month of coverage for about 34 children during the year.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither determine eligibility for the Children's Health Insurance Program 
(CHIP) nor provide CHIP services.
- SMALL BUSINESSES:  The Department estimates an increase in revenue to small 
businesses of about $4,760.  This estimate is based on one additional month 
of coverage for about 34 children during the year.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department estimates an increase in revenue to CHIP providers 
of about $4,760.  This estimate is based on one additional month of coverage 
for about 34 children during the year.  CHIP recipients will see savings 
during a presumptive eligibility period, but there is no data to estimate how 
much based on the services they will receive.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
this change only increases revenue to a small business or to a CHIP provider, 
and only increases savings to a CHIP recipient who has coverage during a 
presumptive eligibility period.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule change applies to children in foster care and will 
benefit regulated providers by expediting eligibility for these children and 
avoiding uncompensated care.  The fiscal impact on the State is minimal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2012
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:  04/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35788.htm


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35789 (Amendment): R414-303. Coverage Groups.
SUMMARY OF THE RULE OR CHANGE:  This rulemaking allows the state to provide 
medical assistance to a child under age 19 during a presumptive eligibility 
period.  The presumptive eligibility is determined by a qualified entity that 
the Department believes is capable of making such decisions.  The presumptive 
eligibility period is based on preliminary information provided by the 
applicant that the child meets citizenship or qualified alien status, and has 
household income at or below the applicable percent of the federal poverty 
guideline for the age of the child.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department estimates an annual cost to Medicaid of 
about $21,077 to the General Fund and about $51,579 in federal dollars.  This 
estimate is based on one additional month of Medicaid coverage for about 304 
children during the year.
- LOCAL GOVERNMENTS:  There is no impact to local governments as they neither 
determine Medicaid eligibility nor provide Medicaid services.
- SMALL BUSINESSES:  The Department estimates an annual increase in revenue 
to small businesses of about $72,656.  This estimate is based on one 
additional month of coverage for about 34 children during the year.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department estimates an annual increase in revenue to Medicaid 
providers of about $72,656.  This estimate is based on one additional month 
of coverage for about 34 children during the year.  Medicaid recipients will 
see annual savings during a presumptive eligibility period, but there is no 
data to estimate how much based on the services they will receive.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
this change only increases revenue to a small business or to a Medicaid 
provider, and only increases savings to a Medicaid recipient who has coverage 
during a presumptive eligibility period.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule change applies to children in foster care and will 
benefit regulated providers by expediting eligibility for these children and 
avoiding uncompensated care.  The fiscal impact on the State is minimal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2012
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:  04/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35789.htm

No. 35790 (Amendment): R414-308. Application, Eligibility Determinations and 
Improper Medical Assistance.
SUMMARY OF THE RULE OR CHANGE:  This change defines the application 
requirements and enrollment period for pregnant women and children under the 
age of 19 who are determined to be eligible during a presumptive eligibility 
period.  This change also clarifies and simplifies eligibility review 
requirements.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this change only defines administrative requirements for 
presumptive eligibility.  Any costs or savings associated with providing 
presumptive eligibility are addressed in a companion rule filing (Rule R414-
303).  (DAR NOTE:  The proposed amendment to Rule R414-303 is under DAR No. 
35789 in this issue, February 15, 2012, of the Bulletin.)
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither determine Medicaid eligibility nor provide Medicaid services.
- SMALL BUSINESSES:  The Department does not anticipate any impact to small 
businesses because this change only defines administrative requirements for 
presumptive eligibility.  Any costs or increases in revenue associated with 
providing presumptive eligibility are addressed in a companion rule filing 
(Rule R414-303).
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any impact to Medicaid providers 
and to Medicaid recipients because this change only defines administrative 
requirements for presumptive eligibility.  Any costs, savings, or increases 
in revenue associated with providing presumptive eligibility are addressed in 
a companion rule filing (Rule R414-303).
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
this change neither imposes new costs on a single Medicaid provider nor 
reduces coverage for a Medicaid recipient.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule change applies to children in foster care and will 
benefit regulated providers by expediting eligibility for these children and 
avoiding uncompensated care.  The fiscal impact on the state is minimal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2012
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:  04/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35790.htm



HUMAN SERVICES
RECOVERY SERVICES
No. 35728 (Amendment): R527-34. Non IV-A Services.
SUMMARY OF THE RULE OR CHANGE:  In Subsection R527-34-2(2), deletes the CFR 
date reference 2001 and adds 2010.  Also, adds 45 CFR 302.33 to the list of 
"Authorizing, and implemented or Interpreted Law."
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs to the state budget 
because the change to the rule is only to update the CFR reference.
- LOCAL GOVERNMENTS:  Administrative rules of the Office of Recovery 
Services/Child Support Services (ORS/CSS) do not apply to local government; 
therefore, there are no anticipated costs or savings for any local businesses 
due to this amendment.
- SMALL BUSINESSES:  There are no anticipated costs for small businesses 
because the change to the rule is only to update the CFR reference.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs for persons because the change to 
the rule is only to update the CFR reference.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no costs as the change to 
the rule is only to update the CFR reference.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact to businesses as the change to the 
rule is only to update the CFR reference from 2001 to 2010.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35728.htm

No. 35729 (Amendment): R527-35. Non IV-A Fee Schedule.
SUMMARY OF THE RULE OR CHANGE:  The change updates the date of an 
incorporated CFR citation from "45 CFR 302.33 (2008)" to "45 CFR 302.33 
(2010)".
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs to the state budget 
because the change to the rule is only to update the CFR citation.
- LOCAL GOVERNMENTS:  Administrative rules of the Office of Recovery 
Services/Child Support Services (ORS/CSS) do not apply to local government; 
therefore, there are no anticipated costs or savings for any local businesses 
due to this amendment.
- SMALL BUSINESSES:  There are no anticipated costs for small businesses 
because the change to the rule is only to update the CFR citation.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs for persons because the change to 
the rule is only to update the CFR citation.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no costs as the change to 
the rule is only to update the CFR citation.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact to businesses as the change to the 
rule is only to update the date of the CFR citation from 2001 to 2010.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35729.htm



INSURANCE
ADMINISTRATION
No. 35699 (Amendment): R590-230. Suitability in Annuity Transactions.
SUMMARY OF THE RULE OR CHANGE:  In Section R590-230-2, adds the requirement 
for insurers to establish a system to supervise recommendations.  In Section 
R590-230-3, broadens the scope of the rule to include "replaced" policies.  
In Section R590-230-4, adds new definitions for FINRA, Producer, 
Recommendation, Replacement, and Suitability Information.  In Section R590-
230-5, has been completely rewritten.  The changes are more specific as to 
what one assesses regarding suitability of an annuity for a consumer.  The 
new Section R590-230-6 has been added, "Producer Training," which sets 
standards that must be met prior to a producer selling annuity products.  In 
Section R590-230-7, makes the insurer responsible for the actions of their 
producers.  It also allows penalties to be reduced or eliminated if the 
insurer takes prompt corrective action or it is apparent the violation is not 
part of a pattern or practice.  In Section R590-230-8, the language removes 
the terms "general agents" and "independent agencies" because they are now 
included in the term "Producers."  In Section R590-230-9, extends the time to 
enforce the changes to the rule from 45 to 60 days after it goes into effect.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No required filings, thus no increase in workload.  No 
increase in supervision of the insurance company.
- LOCAL GOVERNMENTS:  This rule and the changes to it will have no fiscal 
impact on local governments since it deals with the relationship between the 
department and its life and annuity licensees and the relationship between 
them and their consumers.
- SMALL BUSINESSES:  This rule requires insurers to train producers regarding 
their annuity products.  It will not have a fiscal impact on the the agency, 
which would be the small business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Requires insurers to establish a system to review the 
recommendations to purchase an annuity.  Insurers will need to train 
producers on their annuity products.  Since 14 states have already adopted 
this model, and many insurance companies sell in many states, many insurers 
may already be in compliance with these new standards.  The life and annuity 
industry involved in the writing of this model have already signed off on 
this model.  Producers will have to spend a small amount of time, probably 2-
4 hours, away from sales to be trained by the insurer.  The training should 
make the producer a more knowledgeable and effective salesperson.  The more 
information a consumer receives may help them make a better decision of what 
is best for them.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Requires insurers to establish a 
system to review the recommendations to purchase an annuity.  Insurers will 
need to train producers on their annuity products.  Since 14 states have 
already adopted this model, and many insurance companies sell in many states, 
many insurers may already be in compliance with these new standards.  The 
life and annuity industry involved in the writing of this model have already 
signed off on this model.  Producers will have to spend a small amount of 
time, probably 2-4 hours, away from sales to be trained by the insurer.  The 
training should make the producer a more knowledgeable and effective 
salesperson.  The more information a consumer receives may help them make a 
better decision of what is best for them.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be minimal fiscal impact on insurers, producers, and 
agencies.  The reason for these changes is to provide greater consumer 
protections and to offer more applicable information to the consumer.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 03/07/2012 11:00 AM, State Office Bldg, 450 N State St, Room 3112, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  03/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35699.htm



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 35734 (Amendment): R657-20. Falconry.
SUMMARY OF THE RULE OR CHANGE:  The proposed revisions to this rule make it 
consistent with new guidelines issued by the Federal Fish and Wildlife 
Service.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments clarify the rules that regulate the 
possession and use of raptors for falconry.  Therefore, DWR determines that 
theses amendments will not create any cost or savings impact to the state 
budget or DWR's budget, since the changes will not increase workload and can 
be carried out with existing budget.
- LOCAL GOVERNMENTS:  Since the amendments clarify the rules that regulate 
the possession and use of raptors for falconry, this filing does not create 
any direct cost or savings impact to local governments because they are not 
directly affected by the rule.  Nor are local governments indirectly impacted 
because the rule does not create a situation requiring services from local 
governments.
- SMALL BUSINESSES:  These amendments clarify the rules that regulate the 
possession and use of raptors for falconry.  Therefore, this rule does not 
impose any additional financial requirements on small businesses, nor 
generate a cost or saving impact to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: These amendments clarify the rules that regulate the possession and 
use of raptors for falconry.  Therefore, this rule does not impose any 
additional financial requirements on persons, nor generate a cost or saving 
impact to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments are for clarification, 
thus the DWR determined that there were no additional compliance costs 
associated with this amendment.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35734.htm

No. 35733 (Amendment): R657-33. Taking Bear.
SUMMARY OF THE RULE OR CHANGE:  The proposed revisions to the above listed 
rule: 1) add the definitions for "Harvest-objective hunt", "Harvest-objective 
permit", "Harvest-objective unit", "Premium limited entry hunt", and "Premium 
limited entry permit"; 2) set the criteria for participating in a bear 
harvest-objective hunt; 3) add nuisance bear activity to the list of 
restrictions for obtaining a bear baiting Certificate of Registration; and 4) 
make technical corrections.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment adds several definitions and allows 
harvest-objective hunts, however because harvest-objective hunts for other 
species have been in place for years there was minimal adjustments needed to 
set hunts for bear, so additional work hours were not needed.  DWR determines 
that these amendments do not create a cost or savings impact to the state 
budget, since the changes will not increase workload and can be carried out 
with existing budget.
- LOCAL GOVERNMENTS:  Since this amendment only adds additional opportunity 
to those sportsmen wanting to hunt bear during the harvest-objective hunts it 
should have little to no effect on the local government.  This filing does 
not create any direct cost or savings impact to local governments because 
they are not directly affected by the rule.  Nor are local governments 
indirectly impacted because the rule does not create a situation requiring 
services from local governments.
- SMALL BUSINESSES:  Since this amendment only adds additional opportunity to 
those sportsmen wanting to hunt bear during the harvest-objective hunts it 
should have little to no effect on small businesses.  This filing does not 
create any direct cost or savings impact to small businesses because they are 
not directly affected by the rule.  Nor are small businesses indirectly 
impacted because the rule does not create a situation requiring services from 
small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Since this amendment adds additional opportunity to those sportsmen 
wanting to hunt bear during the harvest-objective hunts it may cause 
additional permit fees for those who participate, therefore, DWR feels the 
amendments may impose an additional requirement on other persons, and 
generate a cost or savings impact to other persons if they choose to 
participate in a harvest-objective hunt.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  DWR determines that these amendments 
may create additional costs for sportsmen wishing to participate in the 
harvest-objective bear hunts in Utah.  These costs would be in the form of 
additional permit fees
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  03/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35733.htm




4.  NOTICES OF CHANGES IN PROPOSED RULES

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

While the law does not designate a comment period for a Change in Proposed 
Rule, it does provide for a 30-day waiting period.  An agency may accept 
additional comments during this period, and, at its option, may designate a 
comment period or may hold a public hearing.  The 30-day waiting period for 
Changes in Proposed Rules published in Utah State Bulletin ends March 16, 
2012.

From the end of the 30-day waiting period through June 14, 2012, an agency 
may notify the Division of Administrative Rules that it wants to make the 
Change in Proposed Rule effective.  When an agency submits a Notice of 
Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by 
the Change in Proposed Rule becomes the effective rule.  The agency sets the 
effective date.  The date may be no fewer than 30 days nor more than 120 days 
after the publication of the Change in Proposed Rule.  If the agency 
designates a public comment period, the effective date may be no fewer than 
seven calendar days after the close of the public comment period nor more 
than 120 days after the publication date.  Alternatively, the agency may file 
another Change in Proposed Rule in response to additional comments received.  
If the Division of Administrative Rules does not receive a Notice of 
Effective Date or another Change in Proposed Rule by the end of the 120-day 
period after publication, the Change in Proposed Rule filings, along with its 
associated Proposed Rule, lapses and the agency must start the process over. 

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


ENVIRONMENTAL QUALITY
WATER QUALITY
No. 35359 (Change in Proposed Rule): R317-2. Standards of Quality for Waters 
of the State.
SUMMARY OF THE RULE OR CHANGE:  As identified in the Notice of Proposed Rule 
published on 11/01/2011, the reach of the Weber River from Fountain Green to 
Uintah was mistakenly moved from Subsections R317-2-12(12.1)(a) and R317-2-
12(12.2)(a), to Subsection R317-2-12(12.2) during the Standards changes in 
2010 (see the proposed amendment to Rule R317-2 under DAR No. 33233 in the 
December 15, 2009, issue of the Bulletin, p. 45, and the corresponding change 
in proposed rule to Rule R317-2 under DAR No. 33233 in the February 15, 2010, 
issue of the Bulletin, p. 68.  Both were made effective on 04/01/2010).  The 
changes made in October 2011 incorrectly changed the reference to Category 2 
waters in Subsection R317-2-12(12.1.a) to Category 3.  This change corrects 
this error and adds numbers to the noted exceptions for clarity.   Also, 
references to "tributyl tin" were changed to "tributyltin".  (DAR NOTE:  This 
change in proposed rule has been filed to make additional changes to a 
proposed amendment that was published in the November 1, 2011, issue of the 
Utah State Bulletin, on page 78.  Underlining in the rule below indicates 
text that has been added since the publication of the proposed rule mentioned 
above; strike-out indicates text that has been deleted.  You must view the 
change in proposed rule and the proposed amendment together to understand all 
of the changes that will be enforceable should the agency make this rule 
effective.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No additional costs or savings to the state budget are 
anticipated.  The proposed amendments will be addressed using existing 
resources.
- LOCAL GOVERNMENTS:  No additional costs are anticipated because the changes 
to Section R317-2-12 revert back to the 2011 language and the other change is 
spelling.
- SMALL BUSINESSES:  No additional costs are anticipated because the changes 
to Section R317-2-12 revert back to the 2011 language and the other change is 
spelling.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No additional costs are anticipated because the changes to Section 
R317-2-12 revert back to the 2011 language and the other change is spelling.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Compliance costs are anticipated to 
remain the same. No additional costs are anticipated because the changes to 
Section R317-2-12 revert back to the 2011 language and the other change is 
spelling.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These changes are not anticipated to change compliance costs.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by 
Internet E-mail at jetherington@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35359.htm




5.  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.


CORRECTIONS
ADMINISTRATION
No. 35767 (Emergency Rule): R251-106. Media Relations.
SUMMARY OF THE RULE OR CHANGE:  This filing puts the rule back into place.  
(DAR NOTE:  A proposed new rule filing for Rule R251-106 is under DAR No. 
35805 and will be published in the March 1, 2012, Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public 
health, safety, or welfare.
JUSTIFICATION:  This rule is necessary for defining interaction with the 
public and the prison.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No costs or savings to the state budget because this 
filing puts the rule back into place as it was with no changes.
- LOCAL GOVERNMENTS:  No costs or savings to local government because this 
filing puts the rule back into place as it was with no changes.
- SMALL BUSINESSES:  No costs or savings to small businesses because this 
filing puts the rule back into place as it was with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No costs or savings to other persons because this filing puts the 
rule back into place as it was with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance costs because this 
filing puts the rule back into place as it was with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No impact to businesses because this filing puts the rule back 
into place as it was with no changes.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35767.htm

No. 35768 (Emergency Rule): R251-107. Executions.
SUMMARY OF THE RULE OR CHANGE:  This filing puts the rule back into place.  
(DAR NOTE:  A proposed new rule filing for Rule R251-107 is under DAR No. 
35806 and will be published in the March 1, 2012, Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public 
health, safety, or welfare.
JUSTIFICATION:  This rule is necessary for defining interaction with the 
public and the prison.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No costs or savings to the state budget because this 
filing puts the rule back into place as it was with no changes.
- LOCAL GOVERNMENTS:  No costs or savings to local government because this 
filing puts the rule back into place as it was with no changes.
- SMALL BUSINESSES:  No costs or savings to small businesses because this 
filing puts the rule back into place as it was with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No costs or savings to other persons because this filing puts the 
rule back into place as it was with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance costs because this 
filing puts the rule back into place as it was with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No impact to businesses because this filing puts the rule back 
into place as it was with no changes.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35768.htm

No. 35769 (Emergency Rule): R251-108. Adjudicative Proceedings.
SUMMARY OF THE RULE OR CHANGE:  This filing puts the rule back into place.  
(DAR NOTE:  A proposed new rule filing for Rule R251-108 is under DAR No. 
35807 and will be published in the March 1, 2012, Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public 
health, safety, or welfare.
JUSTIFICATION:  This rule is necessary for defining interaction with the 
public and the prison.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No costs or savings to the state budget because this 
filing puts the rule back into place as it was with no changes.
- LOCAL GOVERNMENTS:  No costs or savings to local government because this 
filing puts the rule back into place as it was with no changes.
- SMALL BUSINESSES:  No costs or savings to small businesses because this 
filing puts the rule back into place as it was with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No costs or savings to other persons because this filing puts the 
rule back into place as it was with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance costs because this 
filing puts the rule back into place as it was with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No impact to businesses because this filing puts the rule back 
into place as it was with no changes.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35769.htm

No. 35770 (Emergency Rule): R251-703. Vehicle Direction Station.
SUMMARY OF THE RULE OR CHANGE:  This filing puts the rule back into place.  
(DAR NOTE:  A proposed new rule filing for Rule R251-703 is under DAR No. 
35808 and will be published in the March 1, 2012, Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public 
health, safety, or welfare.
JUSTIFICATION:  This rule is necessary for defining interaction with the 
public and the prison.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No costs or savings to the state budget because this 
filing puts the rule back into place as it was with no changes.
- LOCAL GOVERNMENTS:  No costs or savings to local government because this 
filing puts the rule back into place as it was with no changes.
- SMALL BUSINESSES:  No costs or savings to small businesses because this 
filing puts the rule back into place as it was with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No costs or savings to other persons because this filing puts the 
rule back into place as it was with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance costs because this 
filing puts the rule back into place as it was with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No impact to businesses because this filing puts the rule back 
into place as it was with no changes.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35770.htm

No. 35771 (Emergency Rule): R251-704. North Gate.
SUMMARY OF THE RULE OR CHANGE:  This filing puts the rule back into place.  
(DAR NOTE:  A proposed new rule filing for Rule R251-704 is under DAR No. 
35809 and will be published in the March 1, 2012, Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public 
health, safety, or welfare.
JUSTIFICATION:  This rule is necessary for defining interaction with the 
public and the prison.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No costs or savings to the state budget because this 
filing puts the rule back into place as it was with no changes.
- LOCAL GOVERNMENTS:  No costs or savings to local government because this 
filing puts the rule back into place as it was with no changes.
- SMALL BUSINESSES:  No costs or savings to small businesses because this 
filing puts the rule back into place as it was with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No costs or savings to other persons because this filing puts the 
rule back into place as it was with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance costs because this 
filing puts the rule back into place as it was with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No impact to businesses because this filing puts the rule back 
into place as it was with no changes.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35771.htm

No. 35772 (Emergency Rule): R251-705. Inmate Mail Procedures.
SUMMARY OF THE RULE OR CHANGE:  This filing puts the rule back into place.  
(DAR NOTE:  A proposed new rule filing for Rule R251-705 is under DAR No. 
35810 and will be published in the March 1, 2012, Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public 
health, safety, or welfare.
JUSTIFICATION:  This rule is necessary for defining interaction with the 
public and the prison.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No costs or savings to the state budget because this 
filing puts the rule back into place as it was with no changes.
- LOCAL GOVERNMENTS:  No costs or savings to local government because this 
filing puts the rule back into place as it was with no changes.
- SMALL BUSINESSES:  No costs or savings to small businesses because this 
filing puts the rule back into place as it was with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No costs or savings to other persons because this filing puts the 
rule back into place as it was with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance costs because this 
filing puts the rule back into place as it was with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No impact to businesses because this filing puts the rule back 
into place as it was with no changes.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35772.htm

No. 35773 (Emergency Rule): R251-706. Inmate Visiting.
SUMMARY OF THE RULE OR CHANGE:  This filing puts the rule back into place.  
(DAR NOTE:  A proposed new rule filing for Rule R251-706 is under DAR No. 
35811 and will be published in the March 1, 2012, Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public 
health, safety, or welfare.
JUSTIFICATION:  This rule is necessary for defining interaction with the 
public and the prison.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No costs or savings to the state budget because this 
filing puts the rule back into place as it was with no changes.
- LOCAL GOVERNMENTS:  No costs or savings to local government because this 
filing puts the rule back into place as it was with no changes.
- SMALL BUSINESSES:  No costs or savings to small businesses because this 
filing puts the rule back into place as it was with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No costs or savings to other persons because this filing puts the 
rule back into place as it was with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance costs because this 
filing puts the rule back into place as it was with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No impact to businesses because this filing puts the rule back 
into place as it was with no changes.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35773.htm




6.  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.


AGRICULTURE AND FOOD
ANIMAL INDUSTRY
No. 35691 (5-year Review): R58-1. Admission and Inspection of Livestock, 
Poultry, and Other Animals.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Agriculture and Food justifies the continuation of 
this rule as it is responsible to insure animals entering the state are 
healthy.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet 
E-mail at bking@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
- Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by 
Internet E-mail at wframpton@utah.gov
EFFECTIVE:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35691.htm

No. 35692 (5-year Review): R58-6. Poultry.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Agriculture and Food justifies the continuation of 
this rule as it is responsible to insure a healthy poultry population in the 
state of Utah.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet 
E-mail at bking@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
- Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by 
Internet E-mail at wframpton@utah.gov
EFFECTIVE:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35692.htm

No. 35695 (5-year Review): R58-18. Elk Farming.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Agriculture and Food justifies the continuation of 
this rule as it is still responsible to oversee and regulate the captive 
raised elk industry in the State of Utah.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet 
E-mail at bking@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
- Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by 
Internet E-mail at wframpton@utah.gov
EFFECTIVE:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35695.htm

No. 35696 (5-year Review): R58-19. Compliance Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Agriculture and Food justifies the continuation of 
this rule as it is still responsible to enforce a number of rules and needs 
to have written procedures that guide the enforcement of those rules.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet 
E-mail at bking@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
- Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by 
Internet E-mail at wframpton@utah.gov
EFFECTIVE:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35696.htm

No. 35694 (5-year Review): R58-22. Equine Infectious Anemia (EIA).
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Agriculture and Food justifies the continuation of 
this rule as it is still responsible for the control of Equine Infectious 
Anemia (EIA) in the State of Utah.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet 
E-mail at bking@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
- Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by 
Internet E-mail at wframpton@utah.gov
EFFECTIVE:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35694.htm

No. 35693 (5-year Review): R58-23. Equine Viral Arteritis (EVA).
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Agriculture and Food justifies the continuation of 
this rule as it is still responsible for the control of Equine Viral 
Arteritis (EVA) in the State of Utah.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet 
E-mail at bking@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
EFFECTIVE:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35693.htm


PLANT INDUSTRY
No. 35697 (5-year Review): R68-19. Compliance Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Division of Plant Industry requires this rule to protect the agricultural 
interests and the public in the State of Utah, from injurious plants, 
animals, insects, animal feeds, unsafe pesticide exposure, and plant 
diseases.  The ability to issue an Emergency Order and/or a Citation allows 
the Division to protect the agriculture and public interests in this state.  
Therefore, this rule should be continued.
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
- Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by 
Internet E-mail at rhougaard@utah.gov
EFFECTIVE:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35697.htm



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 35735 (5-year Review): R156-56. Building Inspector and Factory Built 
Housing Licensing Act Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure as allowed under statutory 
authority provided in Title 58, Chapter 56, with respect to building 
inspectors and factory built housing.  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:
- Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet 
E-mail at dansjones@utah.gov
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35735.htm

No. 35736 (5-year Review): R156-64. Deception Detection Examiners Licensing 
Act Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure as allowed under statutory 
authority provided in Title 58, Chapter 64, with respect to deception 
detection examiners and deception detection interns.  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:
- Clyde Ormond by phone at 801-530-6254, by FAX at 801-530-6511, or by 
Internet E-mail at cormond@utah.gov
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35736.htm



COMMUNITY AND CULTURE
ARTS AND MUSEUMS
No. 35723 (5-year Review): R207-1. Utah Arts Council General Program Rules.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The purpose of the Utah Arts Council is to advance arts and culture and to 
engage every person in Utah in the arts.  The division's goals are to:  1) 
increase awareness of the public value of the arts; 2) strengthen communities 
by investing in local arts and cultural infrastructure; and 3) build a 
sustainable model of diversified funding sources.  These goals will be 
accomplished by communicating the public value of art, providing exceptional 
constituent services, providing capacity building resources, cultivating 
strategic partnerships, and diversifying and stabilizing funding sources.  
These goals and objectives clearly address the mandate of the state statute.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Lynnette Hiskey by phone at 801-236-7552, by FAX at 801-236-7556, or by 
Internet E-mail at lhiskey@utah.gov
EFFECTIVE:  01/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35723.htm

No. 35724 (5-year Review): R207-2. Policy for Commissions, Purchases, and 
Donations to, and Loans from, the Utah State Art Collection.
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 critical in that it outlines the procedures required to purchase 
new works of art, receive donated art, and the process in which the arts 
council loans art work from the state collection to other agencies.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Lynnette Hiskey by phone at 801-236-7552, by FAX at 801-236-7556, or by 
Internet E-mail at lhiskey@utah.gov
EFFECTIVE:  01/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35724.htm



ENVIRONMENTAL QUALITY
AIR QUALITY
No. 35774 (5-year Review): R307-110. General Requirements:  State 
Implementation Plan.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Clean Air Act Section 110(a)(1) (42 USC 7410(a)(1)) requires that each state 
adopt and submit to EPA a plan providing for implementation, maintenance, and 
enforcement of each health standard promulgated by EPA.  If a state fails to 
do so, EPA is to issue a federal implementation plan in its place, and other 
federal sanctions also would apply.  Rule R307-110 incorporates by reference 
the state implementation plan (SIP) allowed under Subsection 19-2-104(3)(e).  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35774.htm

No. 35775 (5-year Review): R307-120. General Requirements:  Tax Exemption for 
Air Pollution Control Equipment.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R307-120 sets forth conditions for eligibility for the tax exemption 
allowed in Sections 19-2-124 through 19-2-127 and identifies the process to 
apply for certification of the exemption.  It also identifies items for which 
exemptions are not allowed.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35775.htm

No. 35716 (5-year Review): R307-121. General Requirements:  Clean Air and 
Efficient Vehicle Tax Credit.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R307-121 should be continued because the tax credit program remains in 
place.  As authorized by Sections 59-7-605 and 59-10-1009, Rule R307-121 
provides necessary guidance in the administration of that program.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  01/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35716.htm

No. 35776 (5-year Review): R307-130. General Penalty Policy.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Under Section 19-2-115, a person is subject in a civil proceeding to a 
penalty not to exceed $10,000 per day for each violation.  Rule R307-130 
implements Section 19-2-115.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35776.htm

No. 35777 (5-year Review): R307-135. Enforcement Response Policy for Asbestos 
Hazard Emergency Response Act.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R307-135 sets forth the conditions for issuance of a notice of violation 
and the penalties to be assessed, as set forth in 15 USC 2601 et seq.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35777.htm

No. 35778 (5-year Review): R307-301. Utah and Weber Counties: Oxygenated 
Gasoline Program As a Contingency Measure.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section 211(m)(1) of the Clean Air Act required Utah County to implement an 
oxygenated gasoline program to bring it into attainment of the carbon 
monoxide National Ambient Air Quality Standards.  Clean Air Act Section 
175A(d) requires that maintenance plans assure prompt action to correct any 
violation of the standard that occurs after an area is redesignated to 
attainment, and mandatory Clean Air Act requirements must be included as 
contingency measures. The oxygenated gasoline program is a contingency 
measure in case the carbon monoxide National Ambient Air Quality Standards 
(NAAQS) is violated in Provo or Ogden.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35778.htm

No. 35779 (5-year Review): R307-320. Ozone Maintenance Areas and Ogden City:  
Employer-Based Trip Reduction Program.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Subsections 19-2-104(1)(h) and (2) authorize a trip reduction program for 
businesses and federal, state, and local governments having more than 100 
employees at a single location to the extent necessary to attain and maintain 
ambient air quality standards consistent with the state implementation plan 
and federal requirements.  The rule is required by the state implementation 
plan for ozone, incorporated by reference under Section R307-110-13.  That 
plan applies in Salt Lake and Davis Counties.  In addition, the rule could be 
implemented as a contingency measure in Ogden City and Utah County if health 
standards are violated.  Though the statute authorizes the Air Quality Board 
to require a trip reduction program for businesses, Rule R307-320 applies 
only to federal, state, and local agencies of government that have 100 or 
more employees at a single site.  The purpose of the rule is to reduce the 
number of miles driven by employees commuting to and from work.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35779.htm

No. 35780 (5-year Review): R307-325. Ozone Nonattainment and Maintenance 
Areas: General Requirements.
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 is required under the state implementation plan for ozone, 
incorporated by reference under Section R307-110-13.  The plan is required 
under the Clean Air Act, 42 USC 7410; without the state plan, EPA would be 
required to impose a federal implementation plan.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35780.htm

No. 35781 (5-year Review): R307-326. Ozone Nonattainment and Maintenance 
Areas:  Control of Hydrocarbon Emissions in Petroleum Refineries.
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 is required under the state implementation plan for ozone, 
incorporated by reference under Section R307-110-13.  The plan is required 
under the Clean Air Act, 42 USC 7410; without the state plan, EPA would be 
required to impose a Federal Implementation Plan.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35781.htm

No. 35782 (5-year Review): R307-327. Ozone Nonattainment and Maintenance 
Areas:  Petroleum Liquid Storage.
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 is required under the state implementation plan for ozone, 
incorporated by reference under Section R307-110-13.  The plan is required 
under the Clean Air Act, 42 USC 7410; without the state plan, EPA would be 
required to impose a Federal Implementation Plan.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35782.htm

No. 35783 (5-year Review): R307-328. Gasoline Transfer and Storage.
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 is required under the state implementation plan for ozone, 
incorporated by reference under Section R307-110-13.  The plan is required 
under the Clean Air Act, 42 USC 7410; without the state plan, EPA would be 
required to impose a Federal Implementation Plan.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35783.htm

No. 35784 (5-year Review): R307-335. Ozone Nonattainment and Maintenance 
Areas:  Degreasing and Solvent Cleaning Operations.
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 is required under the state implementation plan for ozone, 
incorporated by reference under Section R307-110-13.  The plan is required 
under the Clean Air Act, 42 USC 7410; without the state plan, EPA would be 
required to impose a federal implementation plan.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35784.htm

No. 35785 (5-year Review): R307-340. Ozone Nonattainment and Maintenance 
Areas:  Surface Coating Processes.
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 is required under the state implementation plan for ozone, 
incorporated by reference under Section R307-110-13.  The plan is required 
under the Clean Air Act, 42 USC 7410; without the state plan, EPA would be 
required to impose a federal implementation plan.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35785.htm

No. 35786 (5-year Review): R307-341. Ozone Nonattainment and Maintenance 
Areas:  Cutback Asphalt.
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 is required under the state implementation plan for ozone, 
incorporated by reference under Section R307-110-13.  The plan is required 
under the Clean Air Act, 42 USC 7410; without the state plan, EPA would be 
required to impose a federal implementation plan.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35786.htm

No. 35787 (5-year Review): R307-343. Ozone Nonattainment and Maintenance 
Areas:  Emissions Standards for Wood Furniture Manufacturing Operations.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R307-343 limits the emissions of volatile organic compounds, a precursor 
to ozone, from wood furniture manufacturers in ozone nonattainment and 
maintenance areas.  This rule is needed to ensure that emissions of air 
pollution do not harm public health. This rule outlines emissions standards 
for wood furniture manufacturing operations and should be continued.  This 
rule is part of a proactive strategy to ensure that Salt Lake and Davis 
counties continue to meet the ozone standard.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35787.htm


WATER QUALITY
No. 35726 (5-year Review): R317-12. General Requirements: Tax Exemption for 
Water Pollution Control Equipment.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule should be continued because it provides clear guidance to companies 
as to whether their pollution control facility is eligible for certification 
from the Utah Division of Water Quality.  Rule R317-12 will be revised to 
incorporate the Utah Code revision after the five-year review is completed.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by 
Internet E-mail at jetherington@utah.gov
EFFECTIVE:  01/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35726.htm



FINANCIAL INSTITUTIONS
CREDIT UNIONS
No. 35700 (5-year Review): R337-10. Rule Designating Applicable Federal Law 
for Credit Unions Subject to the Jurisdiction of the Department of Financial 
Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule establishes that designated federal law may only be enforced by the 
department by taking action permitted under Title 7 and the applicable 
chapters set forth in Section 7-1-325. The statutory provision states that 
the ". . . department shall by rule . . . designate which one or more federal 
laws are applicable to an institution subject to the jurisdiction of the 
department."  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35700.htm



HEALTH
DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES
No. 35715 (5-year Review): R392-100. Food Service Sanitation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R392-100 is the statewide rule which establishes the guidelines for 
industry in regards to food service sanitation, and the rule that local 
health departments rely on to enforce food sanitation.  The rule is the basis 
for consistent and uniform enforcement of food service sanitation (Section 
26-15-2) across all areas of the state.  The FDA has concluded that food 
borne illness in the United States is a major cause of personal distress, 
preventable death, and avoidable economic burden.  The main purpose of Rule 
R392-100 is to prevent food borne illness, hospitalizations that occur due to 
food borne illness, and in rare instances, serious disease and death.  The 
Environmental Sanitation Program has not received comments in opposition to 
the rule, but the Agency has received comments from local health departments, 
local Environmental Health Directors, the food safety task force, and the 
Food Code Advisory Committee.  Based on the comments received, this rule is 
necessary as:  1) the standard established by which industry serves food to 
the public; 2) the standard by which regulatory authorities enforce 
sanitation; and 3) the standard to which the public looks for protection from 
disease when they are served food at a food service establishment.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35715.htm

No. 35710 (5-year Review): R392-200. Design, Construction, Operation, 
Sanitation, and Safety of Schools.
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 a very important aspect of public health and safety protection 
for school age children statewide.  Additionally, the Department of Health is 
required by statute to establish minimum sanitation standards for schools.  
This rule is the sanitation rule established by the Department and enforced 
by the local health departments.  Proper sanitation regulation of public 
schools is an important part of protecting public health and a key aspect in 
reducing adverse health risks of children attending school in the state.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35710.htm

No. 35709 (5-year Review): R392-300. Recreation Camp Sanitation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Health is required by statute to establish minimum 
sanitation standards for recreational camps.  Additionally, the Environmental 
Health Directors at all 12 local health departments have indicated to the 
Department that there is need for this rule to remain in effect.  This rule 
is currently being enforced by the local health departments statewide.  
Proper sanitation regulation of recreational camps remain important to 
protect the campers who use these types of facilities.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35709.htm

No. 35708 (5-year Review): R392-301. Recreational Vehicle Park Sanitation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Health is required by statute to establish minimum 
sanitation standards for recreational vehicle parks.  Additionally, the 
Environmental Health Directors at all 12 local health departments have 
indicated to the Department that there is need for this rule to remain in 
effect.  This rule is currently being enforced by the local health 
departments statewide.  Proper sanitation regulation of recreational vehicle 
parks remains important to protect the visitors of these types of facilities.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35708.htm

No. 35707 (5-year Review): R392-302. Design, Construction and Operation of 
Public Pools.
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 a very important aspect of public health and safety protection.  
Even those who have argued about aspects of the rule have never said the rule 
wasn't needed.  As highlighted in the 12/22/2006 MMWR publication of the 
Centers for Disease Control, public pools have a high potential for 
transmission of disease.  The U.S. Consumer Product Safety Commission has 
also highlighted many safety issues with public pools.  Proper regulation of 
public pools is a key aspect to reducing those risks.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35707.htm

No. 35711 (5-year Review): R392-400. Temporary Mass Gatherings Sanitation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Temporary mass gatherings continue to increase.  Most events occur at sites 
that have very limited resources for restrooms, drinking water, and safety.  
Because of their cost, provisions for sanitation and safety would probably be 
very limited at those events without this rule that requires them.  Even if 
an organizer were willing to spend the needed money, they need the guidance 
provided by the rule as to what would be needed for public health and safety.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35711.htm

No. 35714 (5-year Review): R392-401. Roadway Rest Stop Sanitation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Health is required by statute to establish minimum 
sanitation standards for roadway rest stops.  Additionally, the Environmental 
Health Directors at all 12 local health departments have indicated to the 
Department that there is need for this rule to remain in effect.  This rule 
is currently being enforced by the local health departments statewide.  
Proper sanitation regulation of roadway rest stops remains important to 
protect the traveling public in Utah.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35714.htm

No. 35712 (5-year Review): R392-402. Mobile Home Park Sanitation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Health is required by statute to establish minimum 
sanitation standards for mobile home parks.  Additionally, the Environmental 
Health Directors at all 12 local health departments have indicated to the 
Department that there is need for this rule to remain in effect.  This rule 
is currently being enforced by the local health departments statewide.  
Proper sanitation regulation of mobile home parks remains important to 
protect the residents who live in mobile home parks and the public who live 
near or visit.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35712.htm

No. 35713 (5-year Review): R392-501. Labor Camp Sanitation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Department of Health is required by statute to establish minimum 
sanitation standards for labor camps.  Additionally, the Environmental Health 
Directors at all 12 local health departments have indicated to the Department 
that there is need for this rule to remain in effect.  This rule is currently 
being enforced by the local health departments statewide.  Proper sanitation 
regulation of labor camps remains important to protect the laborers who use 
these types of facilities.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35713.htm


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35719 (5-year Review): R414-7C. Alternative Remedies for Nursing 
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 is necessary because it establishes criteria for imposing remedies 
on nursing facilities that do not comply with Medicaid standards.  These 
standards allow the Department to provide safe, efficient, and cost effective 
care for Medicaid recipients.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35719.htm

No. 35720 (5-year Review): R414-10. Physician Services.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it sets forth eligibility requirements for 
Medicaid clients to receive physician services, sets forth program access 
requirements for physicians, specifies service coverage criteria, and directs 
Medicaid clients to the Department's copayment policy.  Therefore, this rule 
should be continued.
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
EFFECTIVE:  01/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35720.htm

No. 35722 (5-year Review): R414-10A. Transplant Services Standards.
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 establishes standards and criteria for 
tissue and organ transplantation services.  The criteria in this rule provide 
safe and cost effective services for Medicaid recipients who meet the 
standards of care.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35722.htm

No. 35721 (5-year Review): R414-45. Personal Supervision by a Physician.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Department should continue this rule because it increases access to 
physician services by allowing a nurse practitioner or a physician assistant 
to perform services under the supervision of a physician.
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
EFFECTIVE:  01/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35721.htm


DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES
No. 35706 (5-year Review): R438-12. Rule for Law Enforcement Blood Draws.
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 requirements for individuals, other than a physician or 
nurse, permitted to collect blood at the direction of a peace officer for the 
determination of alcohol or drug content.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Mendenhall by phone at 801-965-2530, by FAX at 801-965-2544, or by 
Internet E-mail at davidmendenhall@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35706.htm


DISEASE CONTROL AND PREVENTION, LABORATORY IMPROVEMENT
No. 35701 (5-year Review): R444-11. Rules for Approval to Perform Blood 
Alcohol Examinations.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The purpose of this rule is to provide standards for the approval of 
laboratories desiring to be approved to conduct examinations for the 
determination of blood alcohol levels.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Mendenhall by phone at 801-965-2530, by FAX at 801-965-2544, or by 
Internet E-mail at davidmendenhall@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35701.htm



HUMAN SERVICES
ADMINISTRATION
No. 35717 (5-year Review): R495-878. Americans with Disabilities Act 
Grievance Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  As 
required by 28 CFR 35.107, the Utah Department of Human Services, as a public 
entity that employs more than 50 persons, adopts and publishes the grievance 
procedures within this rule for the prompt and equitable resolution of 
complaints alleging any action prohibited by Title II of the Americans with 
Disabilities Act, as amended.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jodi Patterson by phone at 801-538-4143, by FAX at 801-538-4317, or by 
Internet E-mail at jpatters@utah.gov
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
EFFECTIVE:  01/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35717.htm


PUBLIC GUARDIAN (OFFICE OF)
No. 35759 (5-year Review): R549-1. Eligibility and Services Priority.
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 needs to be continued in order to provide the public and the agency 
clear eligibility and service priority information regarding potential wards 
of the Office of Public Guardian.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Donna Russell by phone at 801-538-4564, by FAX at 801-538-8243, or by 
Internet E-mail at dlrussell@utah.gov
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35759.htm



NATURAL RESOURCES
OIL, GAS AND MINING; ADMINISTRATION
No. 35791 (5-year Review): R642-100. Records of the Division and Board of 
Oil, Gas and Mining.
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 so that a process remains in place for managing 
the records of the Division and Board of Oil, Gas and Mining.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35791.htm


OIL, GAS AND MINING; ABANDONED MINE RECLAMATION
No. 35792 (5-year Review): R643-870. Abandoned Mine Reclamation Regulation 
Definitions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Definitions for Abandoned Mine Reclamation in this rule are necessary to 
avoid inconsistent use of terminology by the board, division, and affected 
parties.  This rule should be continued so the Abandoned Mine Reclamation 
Program continues to retain primacy under the federal Surface Mining Control 
and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35792.htm

No. 35793 (5-year Review): R643-872. Abandoned Mine Reclamation Fund.
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 how the Abandoned Mine Reclamation Fund will be 
managed.  This rule should be continued so the Abandoned Mine Reclamation 
Program continues to retain primacy under the federal Surface Mining Control 
and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35793.htm

No. 35794 (5-year Review): R643-874. General Reclamation Requirements.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule establishes reclamation eligibility requirements and priorities in 
the Abandoned Mine Reclamation Program.  This rule should be continued so the 
Abandoned Mine Reclamation Program continues to retain primacy under the 
federal Surface Mining Control and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35794.htm

No. 35795 (5-year Review): R643-875. Noncoal Reclamation.
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 land and water eligibility requirements for noncoal 
reclamation in the Abandoned Mine Reclamation Program.  This rule should be 
continued so the Abandoned Mine Reclamation Program continues to retain 
primacy under the federal Surface Mining Control and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35795.htm

No. 35796 (5-year Review): R643-877. Rights of Entry.
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 that are necessary for entry upon land for 
reclamation purposes by the Abandoned Mine Reclamation Program.  This rule 
should be continued so the Abandoned Mine Reclamation Program continues to 
retain primacy under the federal Surface Mining Control and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35796.htm

No. 35797 (5-year Review): R643-879. Acquisition, Management, and Disposition 
of Lands and Water.
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 that are necessary for acquisition of 
eligible land and water resources for emergency and reclamation purposes and 
also the disposition of lands so acquired.  This rule should be continued so 
the Abandoned Mine Reclamation Program continues to retain primacy under the 
federal Surface Mining Control and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35797.htm

No. 35798 (5-year Review): R643-882. Reclamation on Private Land.
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 that are necessary for recovery of the cost 
of reclamation activities conducted on private land by the Abandoned Mine 
Reclamation Program.  This rule should be continued so the Abandoned Mine 
Reclamation Program continues to retain primacy under the federal Surface 
Mining Control and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35798.htm

No. 35799 (5-year Review): R643-884. State Reclamation Plan.
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 that are necessary for the preparation, 
submission, and approval of the state reclamation plan to the Office of 
Surface Mining which is critical to funding of the Abandoned Mine Reclamation 
Program.  This rule should be continued so the Abandoned Mine Reclamation 
Program continues to retain primacy under the federal Surface Mining Control 
and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35799.htm

No. 35800 (5-year Review): R643-886. State Reclamation Grants.
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 that are necessary for receipt of grants by 
the Abandoned Mine Reclamation Program for the reclamation of eligible lands 
and water in the reclamation plan.  This rule should be continued so the 
Abandoned Mine Reclamation Program continues to retain primacy under the 
federal Surface Mining Control and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35800.htm


OIL, GAS AND MINING; COAL
No. 35801 (5-year Review): R645-100. Administrative:  Introduction.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The definitions applicable to the Coal Program in this rule are necessary to 
avoid inconsistent use of terminology by the board, division, and affected 
parties.  The other administrative items in this rule include the description 
of the applicability of these rules, petitions for rulemaking, citizen suits, 
availability of records, and computation of time frames.  This rule should be 
continued so Utah's Coal Program continues to retain primacy under the 
federal Surface Mining Control and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35801.htm

No. 35802 (5-year Review): R645-103. Areas Unsuitable for Coal Mining and 
Reclamation Operations.
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 that are necessary for the designation of 
lands unsuitable for coal mining and reclamation operations.  This rule 
should be continued so Utah's Coal Program continues to retain primacy under 
the federal Surface Mining Control and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35802.htm

No. 35803 (5-year Review): R645-200. Coal Exploration:  Introduction.
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 categories of coal exploration based upon tons of coal 
to be removed and the general responsibility of the division and any person 
seeking to conduct coal exploration.  This rule should be continued so Utah's 
Coal Program continues to retain primacy under the federal Surface Mining 
Control and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35803.htm

No. 35804 (5-year Review): R645-201. Coal Exploration: Requirements for 
Exploration Approval.
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 requirements that are necessary for coal exploration 
permit approval within Utah.  This rule should be continued so Utah's Coal 
Program continues to retain primacy under the federal Surface Mining Control 
and Reclamation Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35804.htm


FORESTRY, FIRE AND STATE LANDS
No. 35698 (5-year Review): R652-140. Utah Forest Practices Act.
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 complies with statute by clarifying the procedure through which 
operators must register and notify the Division of the intent to conduct 
forest practices.  The provisions in this rule are effective in providing the 
requirements, procedures, and standards for managing forest practices.  The 
rule also clarifies that the Division is responsible for accepting 
application, evaluating for approval, implementing, and monitoring Forest 
Stewardship Plans.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  01/19/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35698.htm



PARDONS (BOARD OF)
ADMINISTRATION
No. 35730 (5-year Review): R671-101. Rules.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule indicates how all rules are to be processed, how they are 
distributed, and how they are interpreted.  Therefore, this rule should be 
continued.
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
EFFECTIVE:  01/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35730.htm

No. 35731 (5-year Review): R671-102. Americans with Disabilities Act 
Complaint 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 ensures compliance with the Americans with Disabilities Act 
procedures.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35731.htm

No. 35732 (5-year Review): R671-201. Original Parole Grant Hearing Schedule 
and Notice..
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 when hearings will be conducted in accordance with due 
process.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35732.htm

No. 35737 (5-year Review): R671-202. Notification of Hearings.
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 when hearings will be conducted in accordance with due 
process.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35737.htm

No. 35738 (5-year Review): R671-203. Victim Input and Notification.
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 follows statute and due process, and provides victims with notice 
of hearings.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35738.htm

No. 35739 (5-year Review): R671-205. Credit for Time Served.
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 situations when offenders receive credit for time served.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35739.htm

No. 35758 (5-year Review): R671-206. Competency of Offenders.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule establishes guidelines for determining competency or incompetency 
to ensure due process to all offenders.  Therefore, this rule should be 
continued.
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
EFFECTIVE:  02/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35758.htm

No. 35740 (5-year Review): R671-207. Mentally Ill and Deteriorated Offender 
Custody Transfer.
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 fulfills statutory requirement for custody transfer of offenders 
with mental illness.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35740.htm

No. 35741 (5-year Review): R671-301. Personal Appearance.
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 fulfills statutory and due process requirement for an offender to 
receive a personal appearance hearing.  Therefore, this rule should be 
continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35741.htm

No. 35742 (5-year Review): R671-302. News Media and Public Access to 
Hearings.
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 list requirements for public access to Board hearings.  Therefore, 
this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35742.htm

No. 35743 (5-year Review): R671-303. Information Received, Maintained or Used 
by the Board.
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 fulfills Supreme Court and statutory requirements regarding 
processing of information for hearings.  Therefore, this rule should be 
continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35743.htm

No. 35744 (5-year Review): R671-304. Hearing Record.
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 complies with statutory requirement to keep records of hearings.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35744.htm

No. 35745 (5-year Review): R671-305. Notification of Board Decision.
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 fulfills notice of hearing decisions to offenders.  Therefore, this 
rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35745.htm

No. 35746 (5-year Review): R671-308. Offender Hearing Assistance.
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 fulfills due process requirement for assisting offenders at 
hearings.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35746.htm

No. 35747 (5-year Review): R671-309. Impartial Hearings.
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 fulfills due process requirements for fair hearings.  Therefore, 
this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35747.htm

No. 35748 (5-year Review): R671-310. Rescission Hearings.
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 fulfills due process requirement for changing release dates.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35748.htm

No. 35749 (5-year Review): R671-311. Special Attention Hearings and Reviews.
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 outlines the process of administrative requests for modifications 
of an offender's status.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35749.htm

No. 35750 (5-year Review): R671-315. Pardons.
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 fulfills the constitutional mandate regarding pardons requests.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35750.htm

No. 35751 (5-year Review): R671-316. Redetermination.
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 fulfills the statutory requirement for the processing of offender 
status.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35751.htm

No. 35752 (5-year Review): R671-402. Special Conditions of Parole.
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 allows for modification of offender special conditions of parole.  
Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35752.htm

No. 35753 (5-year Review): R671-405. Parole Termination.
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 fulfills the statutory requirement for processing of offender 
termination of sentence.  Therefore, this rule should be continued.
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
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35753.htm



PUBLIC SAFETY
DRIVER LICENSE
No. 35702 (5-year Review): R708-2. Commercial Driver Training Schools.
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 very effective in outlining rules and requirements for operating 
a Private Commercial Driver education school.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by 
Internet E-mail at modalton@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35702.htm

No. 35703 (5-year Review): R708-21. Third-Party Testing.
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 used to meet federal guidelines for regulation CDL third-party 
testers.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by 
Internet E-mail at modalton@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35703.htm

No. 35704 (5-year Review): R708-25. Commercial Driver License Applicant 
Fitness 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 outlines additional guidelines to comply with Utah statute and 
federal guidelines.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by 
Internet E-mail at modalton@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35704.htm

No. 35705 (5-year Review): R708-27. Certification of Driver Education 
Teachers in the Public Schools to Administer Knowledge and Driving Skills 
Tests.
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 outlines requirements for high school driver education teachers to 
administer written and skills testing.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by 
Internet E-mail at modalton@utah.gov
EFFECTIVE:  01/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35705.htm




7.  NOTICES OF FIVE-YEAR REVIEW EXTENSIONS

Rulewriting agencies are required by law to review each of their 
administrative rules within five years of the date of the rule's original 
enactment or the date of last review (Section 63G-3-305).  If the agency 
finds that it will not meet the deadline for review of the rule (the five-
year anniversary date), it may file an extension with the Division of 
Administrative Rules.  The extension permits the agency to file the review up 
to 120 days beyond the anniversary date.

Agencies have filed extensions for the rules listed below.  The "Extended Due 
Date" is 120 days after the anniversary date.  

The five-year review extension is governed by Subsections 63G-3-305(4) and 
(5).


CORRECTIONS
ADMINISTRATION
No. 35754 (Five-Year Extension): R251-305. Visiting at Community Correctional 
Centers.
EXTENSION REASON:  Due to extenuating circumstances with the department's 
rules monitor, the department respectfully requests an extension for this 
rule.  New deadline:  05/30/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35754.htm

No. 35755 (Five-Year Extension): R251-306. Sponsors in Community Correctional 
Centers.
EXTENSION REASON:  Due to extenuating circumstances with the department's 
rules monitor, the department respectfully requests an extension for this 
rule.  New deadline:  05/30/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35755.htm

No. 35756 (Five-Year Extension): R251-707. Legal Access.
EXTENSION REASON:  Due to extenuating circumstances with the department's 
rules monitor, the department respectfully requests an extension for this 
rule.  New deadline:  05/30/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35756.htm

No. 35757 (Five-Year Extension): R251-710. Search.
EXTENSION REASON:  Due to extenuating circumstances with the department's 
rules monitor, the department respectfully requests an extension for this 
rule.  New deadline:  05/30/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet 
E-mail at gpeay@utah.gov
EFFECTIVE:  01/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35757.htm




8.  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).


CORRECTIONS
ADMINISTRATION
No. 35760 (Expired): R251-106. Media Relations.
SUMMARY:  The department asked for an extension for the five-year review on 
the original due date of 09/19/2011.  The new deadline was 01/17/2012.  Due 
to extenuating circumstances with the department's rules monitor, this rule 
expired on 01/18/2012 because a five-year review was not filed by 01/17/2012 
so the rule is removed from the Administrative Code.  (DAR NOTE:  A 120-day 
(emergency) rule filing that is effective as of 02/01/2012 for Rule R251-106 
is under DAR No. 35767 in this issue, February 15, 2012, of the Bulletin.  A 
proposed new rule filing for Rule R251-106 is under DAR No. 35805 and will be 
published in the March 1, 2012, Bulletin.)
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:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35760.htm

No. 35761 (Expired): R251-107. Executions.
SUMMARY:  The department asked for an extension for the five-year review on 
the original due date of 09/19/2011.  The new deadline was 01/17/2012.  Due 
to extenuating circumstances with the department's rules monitor, this rule 
expired on 01/18/2012 because a five-year review was not filed by 01/17/2012 
so the rule is removed from the Administrative Code.  (DAR NOTE:  A 120-day 
(emergency) rule filing that is effective as of 02/01/2012 for Rule R251-107 
is under DAR No. 35768 in this issue, February 15, 2012, of the Bulletin.  A 
proposed new rule filing for Rule R251-107 is under DAR No. 35806 and will be 
published in the March 1, 2012, Bulletin.)
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:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35761.htm

No. 35762 (Expired): R251-108. Adjudicative Proceedings.
SUMMARY:  The department asked for an extension for the five-year review on 
the original due date of 09/19/2011.  The new deadline was 01/17/2012.  Due 
to extenuating circumstances with the department's rules monitor, this rule 
expired on 01/18/2012 because a five-year review was not filed by 01/17/2012 
so the rule is removed from the Administrative Code.  (DAR NOTE:  A 120-day 
(emergency) rule filing that is effective as of 02/01/2012 for Rule R251-108 
is under DAR No. 35769 in this issue, February 15, 2012, of the Bulletin.  A 
proposed new rule filing for Rule R251-108 is under DAR No. 35807 and will be 
published in the March 1, 2012, Bulletin.)
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:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35762.htm

No. 35763 (Expired): R251-703. Vehicle Direction Station.
SUMMARY:  The department asked for an extension for the five-year review on 
the original due date of 09/19/2011.  The new deadline was 01/17/2012.  Due 
to extenuating circumstances with the department's rules monitor, this rule 
expired on 01/18/2012 because a five-year review was not filed by 01/17/2012 
so the rule is removed from the Administrative Code.  (DAR NOTE:  A 120-day 
(emergency) rule filing that is effective as of 02/01/2012 for Rule R251-703 
is under DAR No. 35770 in this issue, February 15, 2012, of the Bulletin.  A 
proposed new rule filing for Rule R251-703 is under DAR No. 35808 and will be 
published in the March 1, 2012, Bulletin.)
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:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35763.htm

No. 35764 (Expired): R251-704. North Gate.
SUMMARY:  The department asked for an extension for the five-year review on 
the original due date of 09/19/2011.  The new deadline was 01/17/2012.  Due 
to extenuating circumstances with the department's rules monitor, this rule 
expired on 01/18/2012 because a five-year review was not filed by 01/17/2012 
so the rule is removed from the Administrative Code.  (DAR NOTE:  A 120-day 
(emergency) rule filing that is effective as of 02/01/2012 for Rule R251-704 
is under DAR No. 35771 in this issue, February 15, 2012, of the Bulletin.  A 
proposed new rule filing for Rule R251-704 is under DAR No. 35809 and will be 
published in the March 1, 2012, Bulletin.)
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:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35764.htm

No. 35765 (Expired): R251-705. Inmate Mail Procedures.
SUMMARY:  The department asked for an extension for the five-year review on 
the original due date of 09/19/2011.  The new deadline was 01/17/2012.  Due 
to extenuating circumstances with the department's rules monitor, this rule 
expired on 01/18/2012 because a five-year review was not filed by 01/17/2012 
so the rule is removed from the Administrative Code.  (DAR NOTE:  A 120-day 
(emergency) rule filing that is effective as of 02/01/2012 for Rule R251-705 
is under DAR No. 35772 in this issue, February 15, 2012, of the Bulletin.  A 
proposed new rule filing for Rule R251-705 is under DAR No. 35810 and will be 
published in the March 1, 2012, Bulletin.)
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:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35765.htm

No. 35766 (Expired): R251-706. Inmate Visiting.
SUMMARY:  The department asked for an extension for the five-year review on 
the original due date of 09/19/2011.  The new deadline was 01/17/2012.  Due 
to extenuating circumstances with the department's rules monitor, this rule 
expired on 01/18/2012 because a five-year review was not filed by 01/17/2012 
so the rule is removed from the Administrative Code.  (DAR NOTE:  A 120-day 
(emergency) rule filing that is effective as of 02/01/2012 for Rule R251-706 
is under DAR No. 35773 in this issue, February 15, 2012, of the Bulletin.  A 
proposed new rule filing for Rule R251-706 is under DAR No. 35811 and will be 
published in the March 1, 2012, Bulletin.)
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:  01/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120215/35766.htm




9.  NOTICES OF RULE EFFECTIVE DATES

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

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


ADMINISTRATIVE SERVICES
ARCHIVES
No. 35304  (NEW): R17-9.  Electronic Participation at Meetings
Published:  10/15/2011
Effective:  01/30/2012



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 35498  (AMD): R156-47b-102.  Definitions
Published:  12/15/2011
Effective:  01/26/2012



ENVIRONMENTAL QUALITY
WATER QUALITY
No. 35238  (AMD): R317-8.  Utah Pollutant Discharge Elimination System 
(UPDES)
Published:  10/01/2011
Effective:  01/25/2012



HEALTH
DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES
No. 35445  (AMD): R392-100.  Food Service Sanitation
Published:  12/01/2011
Effective:  01/26/2012


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35503  (AMD): R414-14A.  Hospice Care
Published:  12/15/2011
Effective:  02/01/2012

No. 35504  (AMD): R414-61-2.  Incorporation by Reference
Published:  12/15/2011
Effective:  01/24/2012


CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS
No. 35492  (REP): R428-20.  Health Data Authority Request for Health Data 
Information
Published:  12/15/2011
Effective:  01/24/2012



INSURANCE
ADMINISTRATION
No. 35483  (AMD): R590-263-3.  Most Commonly Selected
Published:  12/15/2011
Effective:  01/25/2012



PUBLIC SAFETY
CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION
No. 35487  (AMD): R722-350-3.  Application for a Certificate of Eligibility
Published:  12/15/2011
Effective:  01/24/2012



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 35501  (AMD): R986-200-247.  Utah Back to Work Pilot Program (BWP)
Published:  12/15/2011
Effective:  02/01/2012


UNEMPLOYMENT INSURANCE
No. 35455  (AMD): R994-508.  Appeal Procedures
Published:  12/01/2011
Effective:  02/01/2012




10.  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 .


<<end of file>>
