Utah State Digest, Vol. 2012, No. 5 (March 1, 2012)

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

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


For information filed February 2, 2012, 12:00 AM through February 15, 2012, 
11:59 PM


Volume 2012, No. 5
March 1, 2012


Prepared by
Division of Administrative Rules
Department of Administrative Services


The Utah State Digest (Digest) is an official electronic publication of the 
State of Utah, Department of Administrative Services, Division of 
Administrative Rules.  It is a summary of the information found in the Utah 
State Bulletin (Bulletin) of the same volume and issue number.  Inquiries 
concerning the substance or applicability of an administrative rule that 
appear in the Digest should be addressed to the contact person for the rule.  
Questions about the Digest or the rulemaking process may be addressed to:  
Division of Administrative Rules, 5110 State Office Building, Salt Lake City, 
Utah 84114-1201, telephone 801-538-3218, FAX 801-359-0759.  Additional 
rulemaking information, and electronic versions of all administrative rule 
publications are available at:  http://www.rules.utah.gov/ .  The Digest is 
available free of charge online at 
http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv.  




************************************************
Division of Administrative Rules, Salt Lake City  84114

Unless otherwise noted, all information presented in this publication is in 
the public domain and may be reproduced, reprinted, and redistributed as 
desired.  Materials incorporated by reference retain the copyright asserted 
by their respective authors.  Citation to the source is requested.



Utah state digest.
  Semimonthly.
  1.  Delegated legislation--Utah--Digests. I.  Utah. Office 
of Administrative Rules.

KFU38.U8
348.792'025--DDC            86-658042
***********************************************




1.  EDITOR'S NOTES

Delayed Notice, Publication, and Codification of the Expiration of Rule R694-
1
- Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by 
Internet E-mail at nllancaster@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/ed152228.htm




2.  NOTICES OF PROPOSED RULES

A state agency may file a Proposed Rule when it determines the need for a new 
rule, a substantive change to an existing rule, or a repeal of an existing 
rule.  Filings received between February 2, 2012, 12:00 a.m., and February 
15, 2012, 11:59 p.m. are summarized in this, the March 1, 2012, issue of the 
Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the March 1, 2012, issue of the Utah State Bulletin until at 
least April 2, 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 29, 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
RISK MANAGEMENT
No. 35844 (Amendment): R37-4. Adjusted Utah Governmental Immunity Act 
Limitations on Judgments.
SUMMARY OF THE RULE OR CHANGE:  This amendment increases the limit for 
personal injury damages against a governmental entity from $648,700 to 
$674,000 per person/per occurrence, and from $2,221,700 to $2,308,400 in the 
aggregate.  The limit for property damages against a governmental entity is 
also increased from $259,500 to $269,700 in any one occurrence.  These 
amendments will be effective 07/01/2012.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  In general, there is the potential for a 3.9% increase 
in personal injury and property damage awards during the next two fiscal 
years; however, it is impossible to calculate or estimate the aggregate 
anticipated costs that may arise due to this amendment, because those costs 
will be based upon the unique facts and applicable laws associated with 
claims that will arise in FY 2013 and 2014.
- LOCAL GOVERNMENTS:  Because this amendment affects local government 
entities, it will have the same impact on them, namely the potential for a 
3.9% increase in personal injury and property damage awards during the next 
two fiscal years.  As indicated above, it is impossible to calculate or 
estimate the aggregate costs that may arise due to this amendment, because 
those costs will be based upon the unique facts and applicable laws 
associated with claims that will arise in FY 2013 and 2014.
- SMALL BUSINESSES:  Because this amendment increases the limitation on 
judgments, it may favor small businesses that have legitimate claims against 
the State of Utah and its political subdivisions.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this amendment increases the limitations on judgments, it 
may favor persons who have legitimate claims against the State of Utah and 
its political subdivisions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This amendment does not impose any 
compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Businesses that have legitimate causes of action against the 
state and its political subdivisions may have the benefit of increased limits 
on damages as a result of this amendment.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Stephen Hewlett by phone at 801-538-9572, by FAX at 801-538-9597, or by 
Internet E-mail at shewlett@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35844.htm



AGRICULTURE AND FOOD
ANIMAL INDUSTRY
No. 35866 (Amendment): R58-11. Slaughter of Livestock.
SUMMARY OF THE RULE OR CHANGE:  The Department has received requests from 
individuals requesting licensing for the slaughter and processing of poultry.  
Currently, federal law allows the slaughtering of a limited number of poultry 
under an exemption to the Federal Meat Inspection Laws.  The changes to Rule 
R58-11 would bring similar exemptions to Utah Administrative Rule and allow 
the slaughter and processing of small numbers of poultry.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The changes to the rule will not affect the state 
budget.  The program is currently being funded by general fund money.  We do 
not anticipate that the changes to the rule will change the current funding 
level beyond inflationary costs associated with the general fund.
- LOCAL GOVERNMENTS:  There are no costs to local government at this time 
under the current rule.  Local government is not involved in licensing for 
the slaughter of poultry and therefore would not have any costs.
- SMALL BUSINESSES:  There is no cost to small businesses associated with the 
change.  This rule will allow the creation of small poultry slaughtering and 
processing businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no costs associated since the state is the one that will 
issue licenses.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Individuals and businesses will be 
expected to pay an annual licensing fee and comply with local ordinances 
before the start up their business of slaughtering and processing of poultry.  
After start up, these businesses will need to comply with all sanitation and 
labeling requirements to protect the consumer of their product.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The change in the rule will have no fiscal impact on existing 
businesses.  The rule will allow the creation of small business to slaughter 
and process poultry.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  05/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35866.htm



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 35852 (Amendment): R156-73-502. Chiropractic Assistant.
SUMMARY OF THE RULE OR CHANGE:  Proposed amendments in Subsection R156-73-
502(2) indicate that a supervising chiropractic physician shall never 
delegate the following to a chiropractic assistant:  diagnosis or 
interpretation of examination results; administration of acupuncture 
services, and administration of laser.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division will incur minimal costs of approximately 
$50 to print and distribute the rule once the proposed amendments are made 
effective.  Any costs incurred will be absorbed in the Division's current 
budget.
- LOCAL GOVERNMENTS:  The proposed amendments only apply to licensed 
chiropractic physicians and any unlicensed chiropractic assistants employed 
in a chiropractic physician office.  As a result, the proposed amendments do 
not apply to local governments.
- SMALL BUSINESSES:  The proposed amendments only apply to licensed 
chiropractic physicians and any unlicensed chiropractic assistants employed 
in a chiropractic physician office.  A licensed chiropractic physician's 
office may qualify as a small business.  If the proposed prohibited 
activities are currently being performed by unlicensed chiropractic 
assistants in a licensed chiropractic physician's office, there may be some 
unknown costs; however, the Division is not able to determine an exact cost 
due to the varying circumstances or frequency involving performance of the 
prohibited activities.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only apply to licensed chiropractic 
physicians and any unlicensed chiropractic assistants employed in a 
chiropractic physician office.  If the proposed prohibited activities are 
currently being performed by unlicensed chiropractic assistants in a licensed 
chiropractic physician's office, there may be some unknown costs; however, 
the Division is not able to determine an exact cost due to the varying 
circumstances or frequency involving performance of the prohibited 
activities.  The proposed amendments further clarify responsibilities of the 
licensed chiropractic physician to the benefit and safety of the public.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only apply to 
licensed chiropractic physicians and any unlicensed chiropractic assistants 
employed in a chiropractic physician office.  If the proposed prohibited 
activities are currently being performed by unlicensed chiropractic 
assistants in a licensed chiropractic physician's office, there may be some 
unknown costs; however, the Division is not able to determine an exact cost 
due to the varying circumstances or frequency involving performance of the 
prohibited activities.  The proposed amendments further clarify 
responsibilities of the licensed chiropractic physician to the benefit and 
safety of the public.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing clarifies the scope of practice for 
chiropractic assistants.  No fiscal impact to businesses is anticipated from 
such clarification, and as indicated in the rule summary, any impact to 
licensees is expected to be minimal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Sally Stewart by phone at 801-530-6179, by FAX at 801-530-6511, or by 
Internet E-mail at sstewart@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 03/06/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 
(fourth floor), Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35852.htm



CORRECTIONS
ADMINISTRATION
No. 35805 (New Rule): R251-106. Media Relations.
SUMMARY OF THE RULE OR CHANGE:  No substantive changes to previously 
established Rule R251-106 which expired due to extenuating circumstances with 
UDC's rule monitor.  (DAR NOTE:  A corresponding 120-day (emergency) rule 
filing that was effective as of 02/01/2012 for Rule R251-106 is under DAR No. 
35767 and was published in the February 15, 2012, issue of the Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No impact--Putting rule back into place with no changes.
- LOCAL GOVERNMENTS:  No impact--Putting rule back into place with no 
changes.
- SMALL BUSINESSES:  No impact--Putting rule back into place with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No impact--Putting rule back into place with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No impact--Putting rule back into 
place with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will have no financial impacts since it is a 
resubmission on an expired rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35805.htm

No. 35806 (New Rule): R251-107. Executions.
SUMMARY OF THE RULE OR CHANGE:  No substantive changes to previously 
established Rule R251-107 which expired due to extenuating circumstances with 
UDC's rules coordinator.  (DAR NOTE:  A corresponding 120-day (emergency) 
rule filing that was effective as of 02/01/2012 for Rule R251-107 is under 
DAR No. 35768 and was published in the February 15, 2012, issue of the 
Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No impact--Putting rule back into place with no changes.
- LOCAL GOVERNMENTS:  No impact--Putting rule back into place with no 
changes.
- SMALL BUSINESSES:  No impact--Putting rule back into place with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No impact--Putting rule back into place with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No impact--Putting rule back into 
place with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will have no financial impacts.  Simple resubmission 
of expired Rule R251-107.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35806.htm

No. 35807 (New Rule): R251-108. Adjudicative Proceedings.
SUMMARY OF THE RULE OR CHANGE:  No substantive changes to previously 
established Rrule R251-108 which expired due to extenuating circumstances 
with UDC's staff member.  (DAR NOTE:  A corresponding 120-day (emergency) 
rule filing that was effective as of 02/01/2012 for Rule R251-108 is under 
DAR No. 35769 and was published in the February 15, 2012, issue of the 
Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No impact--Putting rule back into place with no changes.
- LOCAL GOVERNMENTS:  No impact--Putting rule back into place with no 
changes.
- SMALL BUSINESSES:  No impact--Putting rule back into place with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No impact--Putting rule back into place with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No impact--Putting rule back into 
place with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will have no finical impacts.  Simple resubmission of 
expired Rule R251-108.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35807.htm

No. 35808 (New Rule): R251-703. Vehicle Direction Station.
SUMMARY OF THE RULE OR CHANGE:  No substantive changes to previously 
established Rule R251-703 which expired due to extenuating circumstances with 
UDC's rules coordinator.  (DAR NOTE:  A corresponding 120-day (emergency) 
rule filing that was effective as of 02/01/2012 for Rule R251-703 is under 
DAR No. 35770 and was published in the February 15, 2012, issue of the 
Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No impact--Putting rule back into place with no changes.
- LOCAL GOVERNMENTS:  No impact--Putting rule back into place with no 
changes.
- SMALL BUSINESSES:  No impact--Putting rule back into place with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No impact--Putting rule back into place with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No impact--Putting rule back into 
place with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will have no financial impacts.  Simple resubmission 
of expired Rule R251-703.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35808.htm

No. 35809 (New Rule): R251-704. North Gate.
SUMMARY OF THE RULE OR CHANGE:  No substantive changes to previously 
established Rule R251-704 which expired due to extenuating circumstances with 
UDC's rules coordinator.  (DAR NOTE:  A corresponding 120-day (emergency) 
rule filing that was effective as of 02/01/2012 for Rule R251-704 is under 
DAR No. 35771 and was published in the February 15, 2012, issue of the 
Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No impact--Putting rule back into place with no changes.
- LOCAL GOVERNMENTS:  No impact--Putting rule back into place with no 
changes.
- SMALL BUSINESSES:  No impact--Putting rule back into place with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No impact--Putting rule back into place with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No impact--Putting rule back into 
place with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will have no financial impacts.  Simple resubmission 
of expired Rule R251-704.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35809.htm

No. 35810 (New Rule): R251-705. Inmate Mail Procedures.
SUMMARY OF THE RULE OR CHANGE:  No substantive changes in previously 
established Rule R251-705 which expired due to extenuating circumstances with 
UDC's rule monitor.  (DAR NOTE:  A corresponding 120-day (emergency) rule 
filing that was effective as of 02/01/2012 for Rule R251-705 is under DAR No. 
35772 and was published in the February 15, 2012, issue of the Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No impact--Putting rule back into place with no changes.
- LOCAL GOVERNMENTS:  No impact--Putting rule back into place with no 
changes.
- SMALL BUSINESSES:  No impact--Putting rule back into place with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No impact--Putting rule back into place with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No impact--Putting rule back into 
place with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will have no financial impacts.  Simple resubmission 
of expired Rule R251-705.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35810.htm

No. 35811 (New Rule): R251-706. Inmate Visiting.
SUMMARY OF THE RULE OR CHANGE:  No substantive changes to previously 
established Rule R251-706 which expired due to extenuating circumstances with 
UDC's rule monitor.  (DAR NOTE:  A corresponding 120-day (emergency) rule 
filing that was effective as of 02/01/2012 for Rule R251-706 is under DAR No. 
35773 and was published in the February 15, 2012, issue of the Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No impact--Putting rule back into place with no changes.
- LOCAL GOVERNMENTS:  No impact--Putting rule back into place with no 
changes.
- SMALL BUSINESSES:  No impact--Putting rule back into place with no changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No impact--Putting rule back into place with no changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No impact--Putting rule back into 
place with no changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will have no financial impacts.  Simple resubmission 
of Rule R251-706.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35811.htm

EDUCATION
ADMINISTRATION
No. 35875 (New Rule): R277-497. School Grading System.
SUMMARY OF THE RULE OR CHANGE:  This new rule provides Utah State Board of 
Education (Board) responsibilities to implement a school grading system with 
specific elements, provides responsibilities of local education agencies 
(LEAs), and provides responsibilities of schools.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There may be costs to the state to develop, implement, 
and maintain the school grading system.  Costs are speculative and will be 
absorbed by the Board within existing legislative appropriations and budgets.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  LEAs will provide data which will not result in any measurable 
costs.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule applies to schools in the public education system and 
does not affect businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to persons other than 
small businesses, businesses, or local government entities.  The rule affects 
the state and local government and does not affect individuals.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The Board and LEAs will work together to implement a 
school grading system to inform parents and the community about school 
performance.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35875.htm

No. 35876 (Repeal): R277-521. Professional Specialist Licensing.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  This rule is repealed because professional specialist licensing is 
no longer necessary.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  This rule has applied to licensing and employment of 
professional specialists within the USOE only.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule applies to Utah State Office of Education professional 
specialists and does not affect businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to persons other than 
small businesses, businesses, or local government entities.  Professional 
specialist licensing is no longer necessary.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  This rule is being repealed in its entirety and compliance 
costs are not applicable.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35876.htm

No. 35877 (Amendment): R277-600-7. Alternative Transportation.
SUMMARY OF THE RULE OR CHANGE:  The changes to the rule provide language in 
Section R277-600-7 for increased reimbursement to parents in lieu of school 
district transportation for mileage and room and board for a student who 
resides more than 60 miles from the student's assigned school.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs to the state budget.  The 
state will provide funding to school districts to reimburse parents 
adequately for mileage and room and board for students who live more than 60 
miles from the student's assigned school.  This rule affects a very small 
number of students.
- LOCAL GOVERNMENTS:  There are no anticipated costs to local government.  
School districts will receive state transportation funding to reimburse 
parents adequately for mileage and room and board for students who live more 
than 60 miles from the student's assigned school.  This rule affects a very 
small number of students.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule applies to public education and does not affect 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be savings to parents because they will be reimbursed 
adequately and appropriately for mileage and room and board for students who 
live more than 60 miles from the student's assigned school.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The changes to this rule provide for adequate 
reimbursement to parents for transportation and room and board costs in which 
there is no compliance.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35877.htm

No. 35878 (New Rule): R277-615. Standards and Procedures for Student 
Searches.
SUMMARY OF THE RULE OR CHANGE:  This new rule provides responsibilities of 
the State Board of Education and LEA responsibilities.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  This new rule directs LEAs to adopt policies regarding student 
searches which do not result in a cost to the state.
- LOCAL GOVERNMENTS:  There may be minimal costs to local government.  LEAs 
must adopt policies regarding student searches which may result in minimal 
administrative costs.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses.  This rule applies to public education and does not affect 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to persons other than 
small businesses, businesses, or local government entities.  This rule 
applies to LEAs in developing policies and procedures for student searches.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs or 
affected persons.  LEAs will develop policies and procedures regarding 
student searches.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35878.htm



ENVIRONMENTAL QUALITY
AIR QUALITY
No. 35865 (Repeal and Reenact): R307-107. General Requirement:  Unavoidable 
Breakdown.
SUMMARY OF THE RULE OR CHANGE:  Substantive changes to the current rule:  In 
Section R307-107-1, Application, excess emissions from breakdowns are not 
currently deemed a violation.  The amendment excludes this provision.  Also 
in Section R307-107-1, Application, predictable excess emissions 
authorization is being eliminated.  In Section R307-107-2, Reporting, the 
breakdown threshold of two hours before required reporting is being 
eliminated.  All excess emissions from a breakdown shall be reported.  Also 
in Section R307-107-2, Reporting, the requirement to file an incident report 
is being modified from 3 to 18 hours after the beginning of the breakdown to 
within 24 hours.  Also in Section R307-107-2, Reporting, the incident report 
filing requirement has been extended from 7 days to 14.  Also in Section 
R307-107-2, Reporting, the amendment removes the violation determination by 
the executive secretary but retains enforcement discretion.  Section R307-
107-3, Penalties, is deleted.  In Section R307-107-4, Procedures is being 
replaced with the amended Section R307-107-2.  The amended section more 
precisely specifies the owner/operator responsibilities regarding response to 
an incident and subsequent reporting.  Section R307-107-5, Violations, is 
deleted.  Section R307-107-6, Emissions Standards, is deleted.  Section R307-
107-3, Enforcement Discretion, is a new section describing the executive 
secretary discretion to pursue enforcement action pending review of the 
incident report.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Does not impact state budget because this rule is 
already in effect.
- LOCAL GOVERNMENTS:  None--Because this rule is already in effect.
- SMALL BUSINESSES:  Not expected--Rule predominately applies to large 
sources.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Some additional report filing may be necessary for the Enforcement 
Discretion rule due to removal of 2 hour applicability.  Since the rule 
applies to only excess emissions, additional filings should not be excessive.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Some additional report filing may be 
necessary for the Enforcement Discretion rule due to removal of 2 hour 
applicability.  Since the rule applies to only excess emissions, additional 
filings should not be excessive.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Minimal increase from some potential additional reporting.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Joel Karmazyn by phone at 801-536-4423, by FAX at 801-536-4099, or by 
Internet E-mail at jkarmazyn@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 03/20/2012 09:00 AM, Multi-agency State Office Building, 195 N 1950 W, 
Conference Room No. 4100, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/06/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35865.htm

No. 35857 (Amendment): R307-840. Lead-Based Paint Program Purpose, 
Applicability, and Definitions.
SUMMARY OF THE RULE OR CHANGE:  This proposed amendment to Rule R307-840 
clarifies that the definitions found in Rule R307-840 apply to Rules R307-
840, R307-841 and R307-842. The proposed amendment adds definitions for 
"Certified firm," "Painted surfaces," "Renovator," and "Vertical 
containment."  The proposed amendment also adds language that states that 
individuals or firms wishing to deviate from the certification, notification, 
work practice, or other requirements of Rules R307-840, R307-841, or R307-842 
can only do so after obtaining written approval from the executive secretary.  
(DAR NOTE:  The proposed amendment to Rule R307-841 is under DAR No. 35858 
and the proposed amendment to Rule R307-842 is under DAR No. 35859 in this 
issue, March 1, 2012, of the Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because no new requirements are created that are not 
already required by the federal government, no costs or savings are 
anticipated for the state budget.
- LOCAL GOVERNMENTS:  Because no new requirements are created that are not 
already required by the federal government, no costs or savings are 
anticipated for local government.
- SMALL BUSINESSES:  Because no new requirements are created that are not 
already required by the federal government, no costs or savings are 
anticipated for small business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because no new requirements are created that are not already 
required by the federal government, no costs or savings are anticipated for 
persons other than small businesses, businesses, or local government 
entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because no new requirements are 
created that are not already required by the federal government, no costs or 
savings are anticipated for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Because no new requirements are created that are not already 
required by the federal government, no costs or savings are anticipated for 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35857.htm

No. 35858 (Amendment): R307-841. Residential Property and Child-Occupied 
Facility Renovation.
SUMMARY OF THE RULE OR CHANGE:  The proposed rule amendment reflects changes 
EPA has made to its lead-based paint rules.  Those changes include adding an 
exception that the rule does not apply to renovations in target housing or 
child-occupied facilities in which a qualified lab determines that chip 
samples taken by a certified renovator from the area to be renovated do not 
contain lead-based paint.  The proposed amendment to the rule adds more 
information distribution requirements, including adding more information on 
signage and pamphlets that are intended for interested persons and occupants.  
The proposed rule adds work practice standards for the use of vertical 
containment systems and floor and ground containment measures when vertical 
containment systems are used.  This rule makes several changes to the 
recordkeeping and reporting requirements, including defining what records or 
reports are acceptable to determine that lead-based paint is not present on 
the components affected by a renovation.  Refresher training grace periods 
for certified disciplines are also added to the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because no new requirements are created that are not 
already required by the federal government, no costs or savings are 
anticipated for the state budget.
- LOCAL GOVERNMENTS:  Because no new requirements are created that are not 
already required by the federal government, no costs or savings are 
anticipated for local government.
- SMALL BUSINESSES:  Because no new requirements are created that are not 
already required by the federal government, no costs or savings are 
anticipated for small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because no new requirements are created that are not already 
required by the federal government, no costs or savings are anticipated for 
persons other than small businesses, businesses, or local government 
entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because no new requirements are 
created that are not already required by the federal government, no costs or 
savings are anticipated for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Because no new requirements are created that are not already 
required by the federal government, no costs or savings are anticipated for 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35858.htm

No. 35859 (Amendment): R307-842. Lead-Based Paint Activities.
SUMMARY OF THE RULE OR CHANGE:  The proposed rule amendment reflects changes 
EPA has made to its lead-based paint rules.  Changes include adding more 
requirements for the accreditation of training programs, including 
requirements for electronic learning and other alternative course delivery 
methods for the classroom portion of renovator, dust sampling technician or 
lead-based paint activities courses.  The rule also adds certification 
requirements for the teaching of hands-on portions of risk assessor, 
supervisor, abatement worker, renovator, and dust sampling technician 
disciplines.  Requirements are added for training programs to retain records 
pertaining to lead-based paint activities courses for a minimum of three 
years and six moths and renovator and dust sampling technician courses for a 
minimum of five years and six months.  The rule is amended to add amendment 
of accreditation requirements for training programs.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because no new requirements are created that are not 
already required by the federal government, no costs or savings are 
anticipated for the state budget.
- LOCAL GOVERNMENTS:  Because no new requirements are created that are not 
already required by the federal government, no costs or savings are 
anticipated for local government.
- SMALL BUSINESSES:  Because no new requirements are created that are not 
already required by the federal government, no costs or savings are 
anticipated for small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because no new requirements are created that are not already 
required by the federal government, no costs or savings are anticipated for 
persons other than small businesses, businesses, or local governments 
entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because no new requirements are 
created that are not already required by the federal government, no costs or 
savings are anticipated for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Because no new requirements are created that are not already 
required by the federal government, no cost or savings are anticipated for 
affected persons.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35859.htm


SOLID AND HAZARDOUS WASTE
No. 35867 (Amendment): R315-16. Standards for Universal Waste Management.
SUMMARY OF THE RULE OR CHANGE:  Section 3006 of the federal Resource 
Conservation and Recovery Act (RCRA) provides for delegation of the hazardous 
waste program to states to administer in lieu of the U.S. Environmental 
Protection Agency (EPA).  In order to receive authorization from EPA for the 
hazardous waste program, states must have and demonstrate equivalent legal 
authorities and regulations to those of the federal government for the 
management of hazardous waste.  Changes to the federal hazardous waste laws 
and regulations require states to update and amend their laws and rules in 
order to maintain program equivalency for state primacy.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The compliance costs for the state budget will not 
change since the rule change implements current statutory and regulatory 
requirements.
- LOCAL GOVERNMENTS:  The compliance costs for local governments will not 
change since the rule change implements current statutory and regulatory 
requirements.
- SMALL BUSINESSES:  The compliance costs for small businesses will not 
change since the rule change implements current statutory and regulatory 
requirements.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The compliance costs for other persons will not change since the 
rule change implements current statutory and regulatory requirements.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The compliance costs for affected 
persons will not change since the rule change implements current statutory 
and regulatory requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The proposed changes in this rule will have no fiscal impact on 
businesses beyond the current statutory and regulatory impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Allan Moore by phone at 801-536-0211, by FAX at 801-536-0222, or by 
Internet E-mail at allanmoore@utah.gov
- Tina Mercer by phone at 801-536-0259, by FAX at 801-536-0222, or by 
Internet E-mail at tmmercer@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/13/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35867.htm



GOVERNOR
PLANNING AND BUDGET, INSPECTOR GENERAL OF MEDICAID SERVICES (OFFICE OF)
No. 35879 (New Rule): R367-1. Office of Inspector General of Medicaid 
Services.
SUMMARY OF THE RULE OR CHANGE:  This rule contains the duties, practices, 
policies, and procedures for the Office of Inspector General (OIG).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The implementation of Rule R367-1 will not have any 
aggregate cost to the state budget.  The rule further clarifies the duties 
and procedures of the Office of Inspector General outlined in Sections 63J-
4a-101 through 63J-4a-602.  No other expense is created by the issuance of 
this rule.  There will be savings to the state budget, this rule will further 
assist the OIG to recoup and recovery misappropriated Medicaid funds.  This 
amount will vary year to year based upon the results of the audits.
- LOCAL GOVERNMENTS:  The promulgation of this rule will not result in direct 
and measurable costs for local governments.  Local governments are not 
involved in the Medicaid Program.  Additionally, the OIG will be collecting 
wrongfully acquired Medicaid funds.  These are funds that the local 
governments were not originally entitled to; any funds paid by the local 
government, if any, would be a reimbursement of state and federal money.
- SMALL BUSINESSES:  The promulgation of this rule will not result in direct 
and measurable costs for small businesses.  The OIG will be collecting 
wrongfully acquired Medicaid funds from small and solo practice medical 
providers.  These are funds that the providers were not originally entitled 
to; any monies paid by the providers to the OIG, if any, would be a 
reimbursement of state funds.  Therefore, there would be no additional costs 
to small businesses, just a reimbursement to the state.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The promulgation of this rule will not result in direct and 
measurable costs for other entities.  The OIG will be collecting wrongfully 
acquired Medicaid funds from hospitals, large provider groups, pharmacies.  
These are funds that the providers were not originally entitled to; any 
monies paid by the providers to the OIG, if any, would be a reimbursement of 
state funds.  Therefore, there would be no additional costs to small 
businesses, just a reimbursement to the state.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Rule R367-1 does not create new 
compliance costs for any local government or business.  There are no 
regulatory mandates created by this rule.  The rule establishes the OIG's 
duties, audit responsibilities, and administrative hearing processes.  Due to 
this, there is no cost created by the implementation of this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rule R367-1 does not create any additional costs to local 
governments or any businesses.  The rule will outline the daily operations of 
the OIG.  The office will seek to recover recoupment of wrongfully or 
erroneously acquired Medicaid funds.  The entities that inappropriately 
received the monies do not incur additional costs, other than a reimbursement 
to the state of the money they were not otherwise entitled to.  Further, 
entities and providers that are assessed a recoupment may have this recoup 
offset by future payments.  This will minimalize the impact to daily 
operations of the provider.  The fiscal impact of Rule R367-1 follows the 
analysis conducted by the Office of Legislative Fiscal Analyst report for 
H.B. 84 (2011 General Session), which founded the office in July of 2011.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Michael Green by phone at 801-538-6123, by FAX at 801-538-6382, or by 
Internet E-mail at mkgreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35879.htm



HEALTH
CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS
No. 35868 (Amendment): R428-2. Health Data Authority Standards for Health 
Data.
SUMMARY OF THE RULE OR CHANGE:  Email has been added as a means of 
communication, when applicable, between the Office and data supplier.  Minor 
technical changes have been made, including the deletion of one sentence that 
contains text already found in the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Utah Department of Health (UDOH) determines that 
these amendments will not create any cost or savings impact to the state 
budget or UDOH's budget, since the changes will not increase workload or 
resources and can be carried out with existing budget.
- LOCAL GOVERNMENTS:  This rule does not affect local governments and has 
therefore no fiscal impact on them.
- SMALL BUSINESSES:  Minor technical changes to the rule and allowing email 
as an acceptable method of communication between the office and supplier 
(which has been standard practice for many years), when applicable, will not 
create any cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Minor technical changes to the rule and allowing email as an 
acceptable method of communication between the office and supplier (which has 
been standard practice for many years), when applicable, will not create any 
cost or savings to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  UDOH determines there are no 
compliance costs for affected persons.  Procedural changes in this rule were 
adopted into practice several years ago.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  "Technical changes to these rules to conform them to current 
practice and to expressly allow data submission electronically is expected to 
benefit business."
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Keely Cofrin Allen by phone at 801-538-6551, by FAX at 801-538-9916, or by 
Internet E-mail at kcofrinallen@utah.gov
- Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by 
Internet E-mail at mikemartin@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35868.htm

No. 35869 (Amendment): R428-5. Appeal and Adjudicative Proceedings.
SUMMARY OF THE RULE OR CHANGE:  New rule sections and corrections provide 
more clarity to Rule R428-5.  Email as an acceptable method of contact 
reflects current business practice.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and will not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule does not affect local governments and 
therefore has no fiscal impact on them.
- SMALL BUSINESSES:  These rule amendments impose no new costs, fees, or 
requirements on small businesses. Therefore, no fiscal impact to small 
businesses is anticipated.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: These rule amendments impose no new costs, fees or requirements on 
businesses, individuals, local governments, or persons that are not small 
businesses.  Therefore, no fiscal impact to these groups is anticipated.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
persons affected by these changes to Rule R428-5.  Although there are many 
modifications within this amendment, they simply reflect current practice.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  "Technical changes to these rules to conform them to current 
practice and to expressly allow data submission electronically is expected to 
benefit business."
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Keely Cofrin Allen by phone at 801-538-6551, by FAX at 801-538-9916, or by 
Internet E-mail at kcofrinallen@utah.gov
- Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by 
Internet E-mail at mikemartin@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35869.htm

No. 35870 (Amendment): R428-10. Health Data Authority Hospital Inpatient 
Reporting Rule.
SUMMARY OF THE RULE OR CHANGE:  Expansion of hospital inpatient reporting to 
current uniform billing standards.  This will coordinate our reportable data 
elements to match improvements the hospitals are currently making to their 
systems to meet the federal HIPAA version 5010 transaction standard and the 
upcoming transition to ICD-10 in the billing industry.  Receiving data 
submittals through an electronic interchange network such as UHIN or 
accepting secure uploads or secure email reflects current business practice.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Initial costs to the state would include the revision of 
technical specifications and rules, and the establishment of adequate 
processes to edit, test, and verify data quality.  This will be absorbed 
within the existing budget by reallocating staff resources.
- LOCAL GOVERNMENTS:  This rule does not affect local governments and has no 
fiscal impact on them.
- SMALL BUSINESSES:  Moving to an electronic transaction will save small 
hospitals' personnel time and resources on printing and mailing.  The data 
improvements and electronic data submission will reduce UDOH data processing 
time and improve the timeliness of data release, and benefit data users and 
the public.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Moving to an electronic transaction will save hospitals' personnel 
time and resources on printing and mailing.  The data improvements and 
electronic data submission will reduce UDOH data processing time and improve 
the timeliness of data release, and benefit data users and the public.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The initial cost to set up the 
revised reporting capacity will occur to the individual hospital or hospital 
systems.  Since the reporting requirement is consistent with the industry 
standard (billing data), the anticipated reporting cost would not add 
significant burden to a reporting facility.  Hospitals in Utah already use 
electronic data interchange technology for total or partial submission of 
claims.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  "Updating this rule to standardize reporting is expected to 
reduce the regulatory burden on business and reduce cost."
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Keely Cofrin Allen by phone at 801-538-6551, by FAX at 801-538-9916, or by 
Internet E-mail at kcofrinallen@utah.gov
- Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by 
Internet E-mail at mikemartin@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35870.htm



LABOR COMMISSION
ANTIDISCRIMINATION AND LABOR, LABOR
No. 35833 (Amendment): R610-3-21. Uniforms.
SUMMARY OF THE RULE OR CHANGE:  Section R610-3-21 will be removed from the 
rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  With the removal of Section R610-3-21, the Labor 
Commission's Antidicrimination and Labor Division will no longer receive 
complaints or adjudicate disputes regarding employer liability for uniform 
costs.  This will result in some cost savings, but the number of such cases 
is minimal and the savings to the Division will not be significant.
- LOCAL GOVERNMENTS:  In their capacity as employers, local governments will 
no longer be required to pay for employee uniforms, but may choose to do so.  
As already noted, local governments will remain obligated to provide 
necessary personal protective equipment, and may not deduct the cost of 
uniforms from an employee's pay without the employee's consent.
- SMALL BUSINESSES:  Employers, including small businesses, will no longer be 
required to pay for employee uniforms, but may choose to do so.  As already 
noted, small businesses and other employers will remain obligated to provide 
necessary personal protective equipment, and may not deduct the cost of 
uniforms from an employee's pay without the employee's consent.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Individual employees may incur additional costs for uniforms that 
were previously paid by their employers.  These costs will vary from business 
to business and from employee to employee and in most cases will be 
relatively minor.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Removal of Section R610-3-21 does not 
impose any compliance costs on affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  For some businesses, the elimination of Section R610-3-21 
general requirement that employers pay for employee uniforms will result in a 
modest reduction of expense.  To that extent, the sections removal will have 
a positive fiscal impact on businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Heather Gunnarson by phone at 801-530-6921, by FAX at 801-530-7601, or by 
Internet E-mail at hgunnarson@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35833.htm



PUBLIC LANDS POLICY COORDINATING OFFICE
ADMINISTRATION
No. 35874 (New Rule): R694-1. Archeological Permits.
SUMMARY OF THE RULE OR CHANGE:  This rule authorizes the procedure for the 
granting of archaeological and historical permits.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this rule replaces the expired rule word-for-
word, there is no difference in costs over the original.
- LOCAL GOVERNMENTS:  Because this rule replaces the expired rule word-for-
word, there is no difference in costs over the original.
- SMALL BUSINESSES:  Because this rule replaces the expired rule word-for-
word, there is no difference in costs over the original.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this rule replaces the expired rule word-for-word, there is 
no difference in costs over the original.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this rule replaces the 
expired rule word-for-word, there is no difference in costs over the 
original.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Because this rule replaces the expired rule word-for-word, there 
is no difference in costs over the original.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Harja by phone at 801-537-9275, by FAX at 801-537-9226, or by Internet 
E-mail at johnharja@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35874.htm



TAX COMMISSION
ADMINISTRATION
No. 35862 (Amendment): R861-1A-9. Tax Commission as Board of Equalization 
Pursuant to Utah Code Ann. Sections 59-2- 212, 59-2-1004, and 59-2-1006.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment deletes requirements 
related to appeals to a county BOE.  Those provisions are included in a 
proposed amendment to Tax Commission Section R884-24P-66.  Accordingly, it is 
proposed that this rule will only deal with property tax appeals to the Tax 
Commission while Section R884-24P-66 deals with property tax appeals to the 
county BOE.  This proposed amendment renumbers the provisions concerning 
appeals to the Tax Commission, and makes some minor changes to those 
procedures, including the information that must be submitted to the Tax 
Commission when appealing a county BOE decision.  The proposed amendment also 
allows a party to raise a new issue before the Tax Commission.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Property tax revenues are local revenues.
- LOCAL GOVERNMENTS:  None--The proposed changes are procedural in nature.
- SMALL BUSINESSES:  None--The proposed changes are procedural in nature.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--The proposed changes are procedural in nature.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The proposed changes are 
procedural in nature.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There procedural clarifications should create no fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35862.htm


AUDITING
No. 35863 (Amendment): R865-3C-1. Allocation of Net Income Pursuant to Utah 
Code Ann. Section 59-7-204.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment updates this section 
to match statutory changes regarding when an out-of-state corporation with 
Utah income shall attribute receipts arising from royalties and intangible 
property to the state.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--The amendments update the rule to match current 
statute and processes.
- LOCAL GOVERNMENTS:  None--The amendments update the rule to match current 
statute and processes.
- SMALL BUSINESSES:  None--The amendments update the rule to match current 
statute and processes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--The amendments update the rule to match current statute and 
processes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The amendments update the rule 
to match current statute and processes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Adoption of this amendment will create no new fiscal impact as 
the rule will then match current statute and practice.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35863.htm


PROPERTY TAX
No. 35864 (Amendment): R884-24P-66. Appeal to County Board of Equalization 
Pursuant to Utah Code Ann. Section 59-2-1004.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment provides that factual 
error includes an error if both the taxpayer and the assessor agree, 
including an error in the classification of a property that is eligible for 
valuation under the Farmland Assessment Act.  In addition, the amendment 
includes procedures a county BOE must follow if the county BOE has not 
enacted its own procedures.  These procedures are, in large part, procedures 
that were formerly found in Tax Commission Section R861-1A-9.  In bringing 
the procedures from Section R861-1A-9 to this rule, the commission proposes:  
1) repealing the provision allowing a taxpayer who appears before a county 
BOE and fails to produce a signed statement containing evidence supporting 
the taxpayer's claim for relief an additional twenty days to provide that 
statement; and 2) requiring the county BOE to maintain a record of the 
appeal.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Property tax revenues are local revenues.
- LOCAL GOVERNMENTS:  Potential immaterial gain--The proposed amendment may 
narrow the number of property tax appeals before a county board of 
equalization, which in turn may decrease the number of property tax appeals 
decided in favor of taxpayers.
- SMALL BUSINESSES:  Potential immaterial gain--The proposed amendment may 
narrow the number of property tax appeals before a county board of 
equalization, which in turn may decrease the number of property tax appeals 
decided in favor of taxpayers.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Potential immaterial gain--The proposed amendment may narrow the 
number of property tax appeals before a county board of equalization, which 
in turn may decrease the number of property tax appeals decided in favor of 
taxpayers.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The proposed amendment may 
narrow the number of property tax appeals before a county board of 
equalization.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This amendment may preclude a taxpayer who might qualify for 
relief under the current rule from obtaining relief under the new section.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35864.htm



TRANSPORTATION
MOTOR CARRIER
No. 35873 (Amendment): R909-1. Safety Regulations for Motor Carriers.
SUMMARY OF THE RULE OR CHANGE:  Rule R909-1 is amended to include an 
exemption for licensed child care providers and the minimum coverage required 
by Section 72-9-103, which became effective after the passage of H.B. 314 in 
the 2011 General Session.  This rule amendment also incorporates the current 
Federal Motor Carrier Safety Regulations (FMCSR).  Changes to the FMCSR's 
since the last incorporated version include corrections to the knowledge and 
skills testing standards for the commercial driver's license (CDL).  The 
adoption of the Federal Register includes information to develop the process 
required to transmit, receive, record, and update information on a Commercial 
Driver License Information System (CDLIS) driver record.  The register also 
restricts the use of hand-held mobile telephones by drivers of commercial 
motor vehicles (CMVs), and revises the hours of service (HOS) regulations.  
The new HOS regulations limit the use of the 34-hour restart provision and 
allow truckers to drive if they have had a break of at least 30 minutes 
within the previous 8 hours.  A specific HOS  oilfield exemption in 
395.1(d)(2), and the definition of on-duty time become effective on 
02/27/2012, and all other HOS changes take effect on 07/01/2013.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget because the changes to the Federal Motor Carrier Safety Regulations 
will already be in effect and this rule amendment incorporates these 
regulations to enable the department to enforce them.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government because the changes to the Federal Motor Carrier Safety 
Regulations will already be in effect and this rule amendment incorporates 
these regulations to enable the department to enforce them.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
business because the changes to the Federal Motor Carrier Safety Regulations 
will already be in effect and this rule amendment incorporates these 
regulations to enable the department to enforce them.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to persons other than 
small businesses, businesses, or local government entities because the 
changes to the Federal Motor Carrier Safety Regulations will already be in 
effect and this rule amendment incorporates these regulations to enable the 
department to enforce them.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Anticipated costs related to the 
restriction of hand-held mobile phones to intrastate carriers and small 
businesses could include a possible upgrade from a non-compliant mobile 
telephone to a compliant one.  This cost has been estimated to be as low as 
$29.99 for motor carrier drivers.  The FMCSA has estimated that the total 
costs of complying with the changes to the HOS rule would equate to roughly 
one-third of one percent of industry revenue.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  A fiscal impact on businesses may include the anticipated costs 
related to the restriction of hand-held mobile phones to intrastate carriers, 
which could include a possible upgrade from a non-compliant mobile telephone 
to a compliant one.  This cost has been estimated to be as low as $29.99 for 
motor carrier drivers.  The FMCSA has estimated that the total costs of 
complying with the changes to the HOS rule would equate to roughly one-third 
of one percent of the motor carrier industry revenue.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/02/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35873.htm




3.  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.


COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 35853 (5-year Review): R156-11a. Barber, Cosmetologist/Barber, 
Esthetician, Electrologist and Nail Technician 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 11a, with respect to various license 
classifications noted above.  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.  In response to Mr. Nelson's written 
comments about his opposition to wording in Subsection R156-11a-302(1)(a), 
the Division does not disagree with the facts of Mr. Nelson's comments.  The 
Division disagrees with Mr. Nelson's requested solution to amend the rule due 
to a Supreme Court ruling that might invalidate a Utah statute referred to in 
this rule.  The Division has spoken with Mr. Nelson multiple times regarding 
various Division rules and does not intend to follow his requested solution.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Sally Stewart by phone at 801-530-6179, by FAX at 801-530-6511, or by 
Internet E-mail at sstewart@utah.gov
EFFECTIVE:  02/06/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35853.htm

No. 35860 (5-year Review): R156-55d. Burglar Alarm Licensing 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 55, with respect to alarm companies 
and alarm company agents.  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.  In response to Mr. Nelson's written comments 
about his opposition to wording in Subsection R156-55d-302f(1)(c), the 
Division does not disagree with the facts of Mr. Nelson's comments.  The 
Division disagrees with Mr. Nelson's requested solution to amend the rule due 
to a Supreme Court ruling that might invalidate a Utah statute referred to in 
this rule.  The Division has spoken with Mr. Nelson multiple times regarding 
various Division rules and does not intend to follow his requested solution.
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:  02/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35860.htm

No. 35820 (5-year Review): R156-78B. Prelitigation Panel Review 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 persons of 
the Division's requirements with respect to the medical liability 
prelitigation program as provided in Sections 78-14-12 through 78-14-16.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by 
Internet E-mail at raywalker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35820.htm



EDUCATION
ADMINISTRATION
No. 35818 (5-year Review): R277-705. Secondary School Completion and 
Diplomas.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because state law requires the Board to 
adopt rules regarding competency levels, graduation requirements, curriculum, 
and instruction requirements and this rule provides standards and procedures 
required by state law.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35818.htm

No. 35819 (5-year Review): R277-915. Work-based Learning Programs for 
Interns.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule continues to be necessary because the Work-based Learning Programs 
for Interns still exists and is administered consistent with the standards 
and procedures of this rule.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35819.htm



HEALTH
FAMILY HEALTH AND PREPAREDNESS, WIC SERVICES
No. 35812 (5-year Review): R406-100. Special Supplemental Nutrition Program 
for Women, Infants and Children.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule was reviewed and amended during 2011 and is current and accurate.  
This rule is needed to regulate the administration of the WIC program within 
the local health departments.  This rule is also needed to outline how "high 
risk" status is determined for grocery retailers contracted to accept WIC 
checks.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Chris Furner by phone at 801-538-6199, by FAX at 801-538-6729, or by 
Internet E-mail at CFURNER@utah.gov
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
- Rick Wardle by phone at 801-538-6897, by FAX at 801-538-6729, or by 
Internet E-mail at rwardle@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35812.htm

No. 35813 (5-year Review): R406-200. Program Overview.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule was reviewed and amended during 2011 and is current and accurate.  
This rule is needed to regulate the administration of the WIC program within 
the local health departments and outlines how public comments are accepted 
regarding the details of the WIC State Plan and the Policy and Procedures 
Manual.  This rule also outlines how local grocery retailers under contract 
with the WIC program can redeem WIC checks.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Chris Furner by phone at 801-538-6199, by FAX at 801-538-6729, or by 
Internet E-mail at CFURNER@utah.gov
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
- Rick Wardle by phone at 801-538-6897, by FAX at 801-538-6729, or by 
Internet E-mail at rwardle@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35813.htm

No. 35814 (5-year Review): R406-201. Outreach Program.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule was reviewed during 2011 and was found to be current and accurate.  
This rule is needed to regulate the administration of the WIC program within 
the local health departments.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Chris Furner by phone at 801-538-6199, by FAX at 801-538-6729, or by 
Internet E-mail at CFURNER@utah.gov
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
- Rick Wardle by phone at 801-538-6897, by FAX at 801-538-6729, or by 
Internet E-mail at rwardle@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35814.htm

No. 35815 (5-year Review): R406-202. Eligibility.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule was reviewed and amended during 2011 and is current and accurate.  
This rule is needed to regulate the administration of the WIC program within 
the local health departments.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Chris Furner by phone at 801-538-6199, by FAX at 801-538-6729, or by 
Internet E-mail at CFURNER@utah.gov
- Rick Wardle by phone at 801-538-6897, by FAX at 801-538-6729, or by 
Internet E-mail at rwardle@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35815.htm

No. 35816 (5-year Review): R406-301. Clinic Guidelines.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule was reviewed during 2011 and was found to be current and accurate.  
This rule is needed to regulate the administration of the WIC program within 
the local health departments.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Chris Furner by phone at 801-538-6199, by FAX at 801-538-6729, or by 
Internet E-mail at CFURNER@utah.gov
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
- Rick Wardle by phone at 801-538-6897, by FAX at 801-538-6729, or by 
Internet E-mail at rwardle@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35816.htm



HUMAN RESOURCE MANAGEMENT
ADMINISTRATION
No. 35821 (5-year Review): R477-1. Definitions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  In 
order to assist the reader of DHRM rules in understanding key terms, 
especially technical terms, this rule is dedicated to definitions.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35821.htm

No. 35822 (5-year Review): R477-2. Administration.
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 contains requirements for state compliance with federal laws 
governing discrimination and equal employment opportunity and Section 67-19-
4; record-keeping for state employees under the Personnel Management Act in 
Subsections 67-19-18(5); articulates policy regarding supervision of 
relatives in Section 52-3-1; and establishes rules for state personnel record 
keeping under the Government Records and Management Act in Title 63G, Chapter 
2. Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35822.htm

No. 35823 (5-year Review): R477-3. Classification.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Classification addresses a fundamental function of DHRM as found in 
Subsection 67-19-6(1).  The classification system that this rule addresses 
cannot be delegated to another department.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35823.htm

No. 35824 (5-year Review): R477-4. Filling Positions.
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 the foundation for the recruitment and selection procedures that 
implement the requirements of Section 67-19-16, generally accepted principles 
of merit and competitive recruitment practices, and case law.  Therefore, 
this rule should be continued.  DHRM did implement the reinstatement of 
Program I sick leave for RIFs rehires.  UPEA's priority suggestion was not 
implemented because such an order would not apply universally.  The posting 
procedures were deleted because they were business processes rather than 
rule.  Preferential consideration was already in rule in another subsection, 
so UPEA's recommended language was not implemented.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35824.htm

No. 35825 (5-year Review): R477-5. Employee Status and Probation.
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 implements the requirements of Section 67-19-16 regarding 
probationary periods. The probationary period is the final step in the 
selection process and the gateway to merit status.  Therefore, this rule 
should be continued.  Some of the language changes suggested by UPEA were 
implemented and others were determined unnecessary.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35825.htm

No. 35826 (5-year Review): R477-6. Compensation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section 67-19-12 provides the legal basis for the state compensation system 
and requires that DHRM design pay plans and write rules to implement the 
section.  Due to the critical nature of employee compensation for the state 
budget and for the employee, this rule is monitored closely by all interested 
parties and is perhaps the most researched of the DHRM rules.  DHRM is very 
sensitive to the budgetary and legal implications when considering proposed 
changes.  Therefore, this rule should be continued.  UPEA's requested 
language was not implemented. After explaining possible circumstances for 
administrative adjustment, UPEA withdrew the deletion recommendation.  An 
example was not added to rule in keeping with the purpose and format 
established in administrative rules.  DHRM did not implement mandatory 
bonuses because it would potentially encumber an agency and overstep what was 
authorized in code.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35826.htm

No. 35827 (5-year Review): R477-7. Leave.
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 sets parameters and limits on the granting of the various kinds of 
leave offered to employees. Some of the leave is defined in state code and 
some is defined in rule.  Leave is considered a benefit and some, such as 
annual and holiday leave, are part of the employee compensation system and 
thus a property right.  It is a well established legal precedent that 
benefits and compensation must be administered consistently or the employer 
is exposed to considerable liability.  This rule is critical and necessary to 
the proper management of the state HR system as long as leave is offered to 
employees. Since this is part of employee compensation, cost is also an 
issue.  This rule helps contain the cost of the leave benefit.  Therefore, 
this rule should be continued.  DHRM made the following responses to 
comments: reference to personal preference day was not removed because it is 
required in code.  The recognition of disaster relief organizations was 
implemented; requested clarifying language was placed in rule; rather than 
listing educational assistance as a specific reason for administrative leave, 
DHRM granted broader latitude in accordance with agency policies; DHRM did 
not insert duplicate language into rule to avoid redundancy and unnecessary 
rule length.  Recommendations from Division of Risk Management were 
implemented.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35827.htm

No. 35828 (5-year Review): R477-8. Working Conditions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The FLSA provisions in this rule are essential to the proper management of 
the state's human resource management system.  Without them, the state faces 
serious and costly legal liability.  These include the subsections dealing 
with work period, lunch and breaks, and overtime.  Other subsections are 
common but important provisions covering employee obligations to the state as 
the principle employer.  Therefore, this rule should be continued.  The 
recommendation to change relocation distance was not implemented because this 
references a Division of Finance rule (Section R25-6-3), which further is 
dependent upon IRS guidelines.  Department of Administrative Services, 
Division of Risk Management, recommendations were implemented.  The exercise 
release time rule was modified to assure reasonable practice and agency 
flexibility.  Breast milk accommodations were not extended beyond the minimum 
requirements of federal law.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35828.htm

No. 35829 (5-year Review): R477-9. Employee Conduct.
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 contains important provisions governing general employee behavior 
on the job including conflicts of interest and the acceptable use of state 
resources.  It also deals with provisions in the law governing employee 
behavior off the job such as political activity, second jobs, and social 
media.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35829.htm

No. 35830 (5-year Review): R477-10. Employee Development.
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 sets parameters for agencies in conducting important development 
activities for employees including evaluation of their performance, 
performance improvement plans for employees whose performance is not up to 
standard, and training and educational assistance.  Documentation of employee 
performance and agency attempts to help an employee improve performance are 
important records in measuring statewide productivity and serve a vital role 
in disciplinary proceedings and justification of employee salary increases.  
Performance Improvement Plans are an administrative device used early in the 
process of dealing with poor performance before applying more formal and 
legally defined procedures.  Therefore, this rule should be continued.  DHRM 
did not reinstate the August 31 deadline for performance plans, nor did they 
establish a statewide rating scale.  These suggestions were not implemented 
in order to allow flexibility to agencies in establishing a performance cycle 
that best meets their business needs and processes.  DHRM did establish that 
the scale and parameters for establishing deadlines so employees understand 
performance standards and expectations in advance of evaluation.  DHRM did 
adopt UPEA's suggestion to include a frequency for harassment training in 
rule.  This frequency coincides with risk management rules.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35830.htm

No. 35831 (5-year Review): R477-11. Discipline.
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 DHRM's responsibility to write rules governing the 
disciplinary process, Subsection 67-19-18(2).  This is an important and 
technical part of the due process protections afforded to employees by the 
career service system. Failure to set statewide standards leaves the state 
open to serious liability.  Therefore, this rule should be continued.  The 
language recommended by the Utah Office of the Attorney General was 
implemented.  The language reported as redundant was not removed as it was 
deemed to have clarifying value.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35831.htm

No. 35832 (5-year Review): R477-12. Separations.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Separation from employment is a major event for an employee and one that is 
frequently contested if forced by the employer.  As a result, a great deal of 
precedent has been established by the courts, especially for government merit 
systems.  This rule addresses all the pertinent issues in order to protect 
both the employee's rights and the state's discretion to terminate.  
Therefore, this rule should be continued.  DHRM did not implement the 
mandatory "bumping" request because it is cumbersome, difficult to 
administer, and not required by code.  DHRM clarified that proficiency 
factors are stipulated in rule as the past three years of performance reviews 
to prevent arbitrary decisions.  DHRM did not adopt a mandatory preference 
system as there have been specific instances where an employee did not want 
to invoke this privilege.  Leaving the language allows the employee 
flexibility.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35832.htm

No. 35834 (5-year Review): R477-13. Volunteer Programs.
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 required by Section 67-20-8.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35834.htm

No. 35835 (5-year Review): R477-15. Workplace Harassment Prevention Policy 
and Procedure.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule was written to address legal liability the state faces concerning 
workplace discrimination and harassment.  This is an important rule that 
protects employees from harassing behavior and protects the state from costly 
legal action.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
EFFECTIVE:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35835.htm



INSURANCE
ADMINISTRATION
No. 35850 (5-year Review): R590-116. Valuation of Assets.
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 sets a standard for all insurers doing business in Utah to use in 
determining the value of their assets.  The rule helps the department to 
assess the financial health of each licensed insurer in their effort to 
protect the financial security of their insureds.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
EFFECTIVE:  02/06/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35850.htm

No. 35851 (5-year Review): R590-117. Valuation of Liabilities.
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 standardizes those liabilities that should be listed on an 
insurer's annual statement, as well as how they are to be valued.  It is 
important that the liabilities of all licensed insurers in Utah be evaluated 
by the same standard for fairness.  Knowing the true value of an insurer's 
liabilities is one way the department has in determining the insurer's 
financial health.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
EFFECTIVE:  02/06/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35851.htm



NATURAL RESOURCES
OIL, GAS AND MINING; COAL
No. 35836 (5-year Review): R645-202. Coal Exploration:  Compliance Duties.
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 standards that are necessary for required documents to 
be available and for performance standards pertaining to the 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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35836.htm

No. 35837 (5-year Review): R645-203. Coal Exploration:  Public Availability 
of Information.
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 standards that are necessary for availability of public 
records and confidentiality pertaining to 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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35837.htm

No. 35838 (5-year Review): R645-300. Coal Mine Permitting:  Administrative 
Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule establishes the administrative procedures that are necessary for 
permitting of coal mines including public participation, approval of permit 
applications, and administrative and judicial review of decisions on permits.  
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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35838.htm

No. 35839 (5-year Review): R645-301. Coal Mine Permitting:  Permit 
Application 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 is necessary since it states the required information to be 
reflected in each permit application by a coal mine operator including 
information on soils, biology, engineering, geology, hydrology, and bonding.  
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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35839.htm

No. 35840 (5-year Review): R645-302. Coal Mine Permitting:  Special 
Categories and Areas of 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 establishes standards that are necessary for special categories of 
mining such as steep slopes and experimental practices mining, and special 
areas of mining such as prime farmland and alluvial valley floors.  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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35840.htm

No. 35841 (5-year Review): R645-303. Coal Mine Permitting:  Change, Renewal, 
and Transfer, Assignment, or Sale of Permit Rights.
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 coal mine permit 
renewals and changes, as well as transfer, assignment, or sale of permit 
rights.  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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35841.htm

No. 35842 (5-year Review): R645-402. Inspection and Enforcement:  Individual 
Civil Penalties.
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 standards and procedures that are necessary for 
individual civil penalties against any corporate director, officer, or agent 
of a corporate permittee who knowingly authorizes a permit violation.  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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35842.htm


OIL, GAS AND MINING; OIL AND GAS
No. 35843 (5-year Review): R649-1. Oil and Gas General 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 definitions in this rule are necessary to avoid inconsistent use of 
terminology by the board, division, industry, and other affected parties.  
Therefore, this rule should be continued.  There are no comments in 
opposition to this rule.
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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35843.htm

No. 35845 (5-year Review): R649-2. General 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 is necessary to specify the authority and scope of the division's 
responsibilities provided for in Title 40, Chapter 6, et seq.  It also 
provides a framework for day to day operations including inspections, record 
access, and production measurement.  Therefore, this rule should be 
continued.  There is no opposition to this rule.
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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35845.htm

No. 35846 (5-year Review): R649-3. Drilling and Operating Practices.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Without this rule, the division would not have the ability to issue permits, 
review operations, and function in the arena of regulating oil and gas 
drilling and operations in the state.  Therefore, this rule should be 
continued.  There is no opposition to the renewal of this rule.
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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35846.htm

No. 35847 (5-year Review): R649-5. Underground Injection Control of Recovery 
Operations and Class II Injection Wells.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Without this rule, the numerous injection wells used for waste disposal and 
reservoir pressure maintenance would fall under federal authority.  This rule 
allows the division to assume primacy for injection operations.  Therefore, 
this rule should be continued.
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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35847.htm

No. 35848 (5-year Review): R649-8. Reporting and Report Forms.
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 for the division to carry out the requirement to 
collect appropriate information from parties in the oil and gas industry and 
then make available to the public.  This rule is necessary for consistency in 
data collection and data publication.  Therefore, this rule should be 
continued.
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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35848.htm

No. 35849 (5-year Review): R649-9. Waste Management and Disposal.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Without this rule, the state would not have a mechanism to manage the wastes 
generated in the process of exploration and production of petroleum 
hydrocarbons in the state.  This rule and the board authority extended to the 
division are the means for proper disposal and handling of these wastes to 
protect the public.  Therefore, this rule should be continued.
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:  02/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35849.htm



PUBLIC SAFETY
DRIVER LICENSE
No. 35854 (5-year Review): R708-39. Physical and Mental Fitness Testing.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The statutory charge of the division remains unchanged.  Testing of drivers 
prior to licensing is vital to upholding a safety standard.  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:  02/06/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35854.htm




4.  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).


PUBLIC LANDS POLICY COORDINATING OFFICE
ADMINISTRATION
No. 35861 (Expired): R694-1. Archeological Permits.
SUMMARY:  The editor who publishes the Administrative Code emailed us to 
inquire about why the extension was filed on this rule for the five-year 
review on 06/23/2011 but there was no record of five-year review being filed.  
After doing some research, DAR discovered that the five-year review deadline 
for the extension was 10/21/2011 and the five-year review had not been filed.  
The rule expired on 10/22/2011 but DAR missed it.  (DAR NOTE:  A proposed new 
Rule R694-1 is under DAR No. 35874 in this issue, March 1, 2012, of the 
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:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120301/35861.htm




5.  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. 


EDUCATION
ADMINISTRATION
No. 35534  (R&R): R277-102.  Adjudicative Proceedings
Published:  01/01/2012
Effective:  02/07/2012

No. 35535  (AMD): R277-425.  Budgeting, Accounting, and Auditing for Utah 
School Districts
Published:  01/01/2012
Effective:  02/07/2012

No. 35536  (AMD): R277-426.  Definition of Private and Non-Profit Schools for 
Federal Program Services
Published:  01/01/2012
Effective:  02/07/2012

No. 35537  (AMD): R277-703.  Centennial Scholarship for Early Graduation
Published:  01/01/2012
Effective:  02/07/2012

No. 35538  (REP): R277-730.  Alternative High School Curriculum
Published:  01/01/2012
Effective:  02/07/2012

No. 35539  (AMD): R277-751.  Special Education Extended School Year
Published:  01/01/2012
Effective:  02/07/2012



ENVIRONMENTAL QUALITY
AIR QUALITY
No. 35413  (AMD): R307-405.  Permits:  Major Sources in Attainment or 
Unclassified Areas (PSD)
Published:  12/01/2011
Effective:  02/02/2012



EXAMINERS (BOARD OF)
ADMINISTRATION
No. 35497  (NEW): R320-101.  Procedures for Electronic Meetings
Published:  12/15/2011
Effective:  02/10/2012



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35437  (AMD): R414-305.  Resources
Published:  12/01/2011
Effective:  02/06/2012

No. 35441  (AMD): R414-308.  Application, Eligibility Determinations and 
Improper Medical Assistance
Published:  12/01/2011
Effective:  02/06/2012


FAMILY HEALTH AND PREPAREDNESS, LICENSING
No. 35459  (AMD): R432-4.  General Construction
Published:  12/15/2011
Effective:  02/21/2012

No. 35460  (AMD): R432-5.  Nursing Facility Construction
Published:  12/15/2011
Effective:  02/21/2012

No. 35461  (AMD): R432-6.  Assisted Living Facility General Construction
Published:  12/15/2011
Effective:  02/21/2012

No. 35462  (AMD): R432-7.  Specialty Hospital -- Psychiatric Hospital 
Construction
Published:  12/15/2011
Effective:  02/21/2012

No. 35463  (AMD): R432-8.  Specialty Hospital - Chemical Dependency/Substance 
Abuse Construction
Published:  12/15/2011
Effective:  02/21/2012

No. 35464  (AMD): R432-9.  Specialty Hospital - Rehabilitation Construction 
Rule
Published:  12/15/2011
Effective:  02/21/2012

No. 35465  (AMD): R432-10.  Specialty Hospital -- Long-Term Acute Care 
Construction Rule
Published:  12/15/2011
Effective:  02/21/2012

No. 35466  (AMD): R432-11.  Orthopedic Hospital Construction
Published:  12/15/2011
Effective:  02/21/2012

No. 35467  (AMD): R432-12.  Small Health Care Facility (Four to Sixteen Beds) 
Construction Rule
Published:  12/15/2011
Effective:  02/21/2012

No. 35468  (AMD): R432-13.  Freestanding Ambulatory Surgical Center 
Construction Rule
Published:  12/15/2011
Effective:  02/21/2012

No. 35469  (AMD): R432-14.  Birthing Center Construction Rule
Published:  12/15/2011
Effective:  02/21/2012

No. 35470  (AMD): R432-16.  Hospice Inpatient Facility Construction
Published:  12/15/2011
Effective:  02/21/2012

No. 35471  (AMD): R432-100.  General Hospital Standards
Published:  12/15/2011
Effective:  02/21/2012

No. 35500  (AMD): R432-100.  General Hospital Standards
Published:  12/15/2011
Effective:  02/08/2012

No. 35499  (AMD): R432-270-6.  Administrator Qualifications
Published:  12/15/2011
Effective:  02/08/2012

No. 35472  (AMD): R432-650.  End Stage Renal Disease Facility Rules
Published:  12/15/2011
Effective:  02/21/2012



INSURANCE
ADMINISTRATION
No. 35543  (AMD): R590-142.  Continuing Education Rule
Published:  01/01/2012
Effective:  02/08/2012



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 35520  (AMD): R657-5.  Taking Big Game
Published:  01/01/2012
Effective:  02/07/2012



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 35508  (AMD): R746-100.  Practice and Procedures Governing Formal 
Hearings
Published:  01/01/2012
Effective:  02/07/2012

No. 35505  (AMD): R746-310-1.  General Provisions
Published:  01/01/2012
Effective:  02/07/2012

No. 35509  (REP): R746-342.  Rule on One-Way Paging
Published:  01/01/2012
Effective:  02/07/2012

No. 35507  (AMD): R746-405-2.  Format and Construction of Tariffs
Published:  01/01/2012
Effective:  02/07/2012

No. 35506  (REP): R746-800.  Working 4 Utah Operations
Published:  01/01/2012
Effective:  02/07/2012



SCHOOL AND INSTITUTIONAL TRUST LANDS
ADMINISTRATION
No. 35542  (NEW): R850-41.  Rights of Entry
Published:  01/01/2012
Effective:  02/07/2012



TAX COMMISSION
AUDITING
No. 35511  (AMD): R865-19S-32.  Leases and Rentals Pursuant to Utah Code Ann. 
Section 59-12-103
Published:  01/01/2012
Effective:  02/09/2012


MOTOR VEHICLE ENFORCEMENT
No. 35512  (AMD): R877-23V-20.  Reasonable Cause to Deny, Suspend, or Revoke 
a License Issued Under Title 41, Chapter 3 Pursuant to Utah Code Ann. Section 
41-3-209
Published:  01/01/2012
Effective:  02/09/2012

No. 35513  (AMD): R877-23V-21.  Automated License Plate Recognition System 
Pursuant to Utah Code Ann. Section 41-3-105
Published:  01/01/2012
Effective:  02/09/2012


PROPERTY TAX
No. 35514  (AMD): R884-24P-62.  Valuation of State Assessed Unitary 
Properties Pursuant to Utah Code Ann. Section 59-2-201
Published:  01/01/2012
Effective:  02/09/2012



TRANSPORTATION
MOTOR CARRIER
No. 35256  (CPR): R909-19.  Safety Regulations for Tow Truck Operations - Tow 
Truck Requirements for Equipment, Operation and Certification
Published:  01/01/2012
Effective:  02/07/2012

No. 35256  (AMD): R909-19.  Safety Regulations for Tow Truck Operations - Tow 
Truck Requirements for Equipment, Operation and Certification
Published:  10/15/2011
Effective:  02/07/2012


OPERATIONS, MAINTENANCE
No. 35515  (AMD): R918-3.  Snow Removal
Published:  01/01/2012
Effective:  02/07/2012


PRECONSTRUCTION
No. 35516  (AMD): R930-3.  Highway Noise Abatement
Published:  01/01/2012
Effective:  02/07/2012




6.  RULES INDEX

The Rules Index is a cumulative index that reflects all effective Utah 
administrative rules.  The Rules Index is not included Digest.  However, a 
copy of the current Rules Index is available 
http://www.rules.utah.gov/research.htm .


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