Utah State Digest, Vol. 2012, No. 6 (March 15, 2012)

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

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


For information filed February 16, 2012, 12:00 AM through March 1, 2012, 
11:59 PM


Volume 2012, No. 6
March 15, 2012


Prepared by
Division of Administrative Rules
Department of Administrative Services


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




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

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



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

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




1.  EDITOR'S NOTES

Wrong Effective Date on Rule R277-100 for the February Administrative Code 
Update
- Michael Broschinsky by phone at 801-538-3003, by FAX at 801-537-9240, or by 
Internet E-mail at mbroschi@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/ed152269.htm




2.  SPECIAL NOTICES

Notice for April 2012 Medicaid Rate Changes
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/sn152263.htm




3.  NOTICES OF PROPOSED RULES

A state agency may file a Proposed Rule when it determines the need for a new 
rule, a substantive change to an existing rule, or a repeal of an existing 
rule.  Filings received between February 16, 2012, 12:00 a.m., and March 1, 
2012, 11:59 p.m. are summarized in this, the March 15, 2012, issue of the 
Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the March 15, 2012, issue of the Utah State Bulletin until at 
least April 16, 2012 (the Bulletin is the parent publication of the Digest).  
The agency may accept comment beyond this date and will indicate the last day 
the agency will accept comment in the rule information published below.  The 
agency may also hold public hearings.  Additionally, citizens or 
organizations may request the agency hold a hearing on a specific Proposed 
Rule.  Section 63G-3-302 requires that a hearing request be received by the 
agency proposing the rule "in writing not more than 15 days after the 
publication date of the proposed rule."

From the end of the public comment period through July 13, 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.


ATTORNEY GENERAL
ADMINISTRATION
No. 35904 (New Rule): R105-1. Attorney General's Selection of Outside 
Counsel, Expert Witnesses and Other Litigation Support Services.
SUMMARY OF THE RULE OR CHANGE:  The purpose of this rule is to provide the 
requirements for procurements that are managed by the Attorney General, 
including the hiring of outside counsel, litigation support services, and 
procurement items.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule will not affect the state budget, since it is 
simply providing the requirements for procurements that are managed by the 
Attorney General.
- LOCAL GOVERNMENTS:  This rule will not affect the budget of our local 
government, since it is simply providing the requirements for procurements 
that are managed by the Attorney General.
- SMALL BUSINESSES:  This rule will not affect the budget of small 
businesses, since it is simply providing the requirements for procurements 
that are managed by the Attorney General.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule will not affect the budget of persons other than small 
businesses, or local government entities, since it is simply providing the 
requirements for procurements that are managed by the Attorney General.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule will not affect compliance 
costs for any persons or local governmental entities.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This will not impact business as the rule provides compliance 
with applicable law and an oversight process.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by 
Internet E-mail at abachman@utah.gov
- Chiarina Gleed by phone at 801-538-3240, by FAX at 801-538-3313, or by 
Internet E-mail at cgleed@utah.gov
- Laura Lockhart by phone at 801-366-0283, by FAX at 801-366-0292, or by 
Internet E-mail at llockhart@utah.gov
- Paul Tonks by phone at 801-538-9501, or by Internet E-mail at 
ptonks@utah.gov
- Priscilla Anderson by phone at 801-538-9595, by FAX at 801-538-3378, or by 
Internet E-mail at phanderson@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35904.htm



COMMUNITY AND CULTURE
HOUSING AND COMMUNITY DEVELOPMENT
No. 35886 (New Rule): R199-12. State Small Business Credit Initiative Program 
Fund.
SUMMARY OF THE RULE OR CHANGE:  The rule identifies the process and 
procedures on how the Division will issue loan and loan guarantees to small 
businesses; establishes a loan loss reserve fund and a credit advisory 
committee; and notifies the public how the funds will be administered.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings by this rule 
implementation.  The rule requires no additional staffing or other cost 
structures not already contemplated by statute other than the formation of 
the credit advisory committee which is entirely voluntary and does not 
require even per diem expenses.
- LOCAL GOVERNMENTS:  No anticipated cost or savings to local government 
through this rule.  The rule will not affect local governments as they are 
not an eligible entity for participation.
- SMALL BUSINESSES:  This program should improve the availability of credit 
to the small business community by providing credit enhancements to enable 
more issuance of credit to eligible small businesses that otherwise would not 
be available.  Over the next six years, the program is projected to leverage 
the initial $13,000,000 federal award into $290,000,000 in credit to small 
businesses.  Small businesses in most cases will still need to work with 
their local financial institution prior to being able to access the fund.  
This should not negatively affect them as this is a new process designed to 
enhance their viability and does not impede any existing avenue for small 
business to obtain credit.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Not affected--The program is entirely structured to work with small 
business in partnership with financial institutions as described in prior 
responses.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated additional 
costs to affected persons as the program will dovetail with financial 
institution reporting requirements when loans and loan guarantees are in 
place.  In addition, these requirements are set forth in statute rather than 
rule and no additional rules regarding compliance are in place.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No fiscal impact to businesses--The rule requires no additional 
burden to be placed on businesses, but rather creates a unique program to 
enhance the viability of business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hardy by phone at 801-538-8650, by FAX at 801-538-8888, or by 
Internet E-mail at jhardy@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35886.htm



ENVIRONMENTAL QUALITY
WATER QUALITY
No. 35903 (New Rule): R317-801. Utah Sewer Management Program (USMP).
SUMMARY OF THE RULE OR CHANGE:  The rule outlines the requirements for 
overall management of sewer collection systems including plans to define and 
report sanitary sewer overflows, maintain and operate the system, assure 
adequate capacity, and finance the systems.  The program will be implemented 
through the issuance of a general permit.  The program employs a phased 
implementation schedule of up to five years for certain components to ease 
the burden on permittees.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The proposed rule will be implemented using existing 
state resources.
- LOCAL GOVERNMENTS:  The proposed rule only affects public sewer entities.  
The long term effects of the program should result in increased efficiencies 
in planning operation and maintenance, thereby reducing spills and system 
upsets, and attendant long term costs.  Compliance costs are difficult to 
quantify due to the wide range of current compliance among different systems 
and collection system size.  The agency anticipates that the majority of the 
additional compliance burden can be absorbed by existing resources.  There 
are approximately 180 systems statewide affected by the proposed rule.
- SMALL BUSINESSES:  No impacts to businesses are anticipated.  The proposed 
rule applies only to public sewer collection systems.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No impacts to other person are anticipated.  The proposed rule 
applies only to public sewer collection systems.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Compliance costs are difficult to 
quantify due to the wide range of current compliance among different systems 
and collection system size.  Many systems are currently meeting many of the 
program requirements.  The agency anticipates that the majority of the 
additional compliance burden can be absorbed by existing resources.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No impacts to businesses are anticipated.  The proposed rule 
only applies to public sewer collection systems.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Kennington by phone at 801-536-4380, by FAX at 801-536-4301, or by 
Internet E-mail at jkennington@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35903.htm



HEALTH
HEALTH CARE FINANCING
No. 35901 (Amendment): R410-14. Administrative Hearing Procedures.
SUMMARY OF THE RULE OR CHANGE:  This change clarifies definitions, hearing 
procedures, hearing availability, notice requirements for the administrative 
hearing process, and the role of a hearing officer.  It also makes other 
minor corrections.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this change only clarifies certain sections of the rule 
text.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they do 
not fund the Medicaid and Children's Health Insurance Program (CHIP).
- SMALL BUSINESSES:  The Department does not anticipate any impact to small 
businesses because this change only clarifies certain sections of the rule 
text.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any impact to providers or 
recipients of Medicaid and CHIP because this change only clarifies certain 
sections of the rule text.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any cost to a single provider or recipient of Medicaid and CHIP because this 
change only clarifies certain sections of the rule text.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No fiscal impact on business is predicted, as these amendments 
will clarify the current process while imposing no new costs on providers in 
the Medicaid program or recipients.  Public comment will be carefully 
evaluated before any further action on the rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35901.htm


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35902 (Amendment): R414-1-2. Definitions.
SUMMARY OF THE RULE OR CHANGE:  This amendment clarifies that a provider is 
solely an individual or entity that provides medical, behavioral, or dental 
care services under the Medicaid program.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this change only clarifies the definition of a provider 
under the Medicaid program.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they do 
not fund the Medicaid program.
- SMALL BUSINESSES:  The Department does not anticipate any impact to small 
businesses because this change only clarifies the definition of a provider 
under the Medicaid program.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any impact to providers and 
recipients of Medicaid services because this change only clarifies the 
definition of a provider under the Medicaid program.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any impact to a single provider or recipient of Medicaid services because 
this change only clarifies the definition of a provider under the Medicaid 
program.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No fiscal impact on business is predicted, as these amendments 
will clarify the current process while imposing no new costs on providers in 
the Medicaid program or recipients.  Public comment will be carefully 
evaluated before any further action on the rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35902.htm



HUMAN RESOURCE MANAGEMENT
ADMINISTRATION
No. 35880 (Amendment): R477-6-5. Incentive Awards.
SUMMARY OF THE RULE OR CHANGE:  Amendments craft language allowing state 
agencies to award incentive bonuses for market-based reasons and establish 
the parameters, including approval from DHRM.  Language also clarifies 
limitations and exceptions for individual incentive awards.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These amendments are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule does not directly impact 
costs or savings to state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule only affects agencies of 
the executive branch of state government.  Amendments refine and change 
current procedures.  Expected impact for compliance is minimal.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by DHRM have no direct effect on businesses or 
any entity outside state government.  DHRM has authority to write rules only 
to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 
19.  This act limits the provisions of career service and these rules to 
employees of the executive branch of state government.  The only possible 
impact may be a very slight, indirect effect if an agency passes costs or 
savings on to business through fees.  However, it is anticipated that the 
minimal costs associated with these changes will be absorbed by agency 
budgets and will have no effect on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35880.htm



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 35900 (Amendment): R746-100. Practice and Procedures Governing Formal 
Hearings.
SUMMARY OF THE RULE OR CHANGE:  Format in which pleadings need to be filed 
with the commission have been updated to reflect current technologies.  
Format in which confidential documents are filed has been changed from paper 
copy only to paper and electronic format.  Some nonsubstantive, as well as 
grammatical changes were made in the amendment process.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no costs or savings to the state budget.  The 
rule was reviewed to update technological changes to be consistent with 
today's technology and other grammatical changes were made in the process.
- LOCAL GOVERNMENTS:  There are no costs or savings to local government.  The 
rule was reviewed to update technological changes to be consistent with 
today's technology and other grammatical changes were made in the process.
- SMALL BUSINESSES:  There are no costs or savings to small businesses.  The 
rule was reviewed to update technological changes to be consistent with 
today's technology and other grammatical changes were made in the process.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no costs or savings to persons other than small 
businesses, businesses or local government entities.  The rule was reviewed 
to update technological changes to be consistent with today's technology and 
other grammatical changes were made in the process.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The rule was reviewed to update technological changes to 
be consistent with today's technology and other grammatical changes were made 
in the process.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Because this rule was reviewed to update technological changes 
to be consistent with today's technology and other grammatical changes, the 
rule will not have a fiscal impact.  The Public Service Commission has 
carefully reviewed this rule and desires to update references to current 
usage of document retention technology.  The changes update the way in which 
confidential or highly confidential documents should be handled.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Clark by phone at 801-530-6709, by FAX at 801-530-6796, or by 
Internet E-mail at drexclark@utah.gov
- Melanie Reif, by FAX at 801-530-6511, or by Internet E-mail at 
mreif@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35900.htm

No. 35896 (Amendment): R746-405-2. Format and Construction of Tariffs.
SUMMARY OF THE RULE OR CHANGE:  This amendment changes the amount of copies 
to be filed as indicated on the psc.utah.gov website.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No effect to state budget, only a change regarding 
number of copies to be filed with the PSC.
- LOCAL GOVERNMENTS:  No effect to local government, only a change regarding 
number of copies to be filed with the PSC.
- SMALL BUSINESSES:  No effect to small businesses, only a change regarding 
number of copies to be filed with the PSC.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No effect to persons other than small businesses or local 
government entities, only a change regarding number of copies to be filed 
with the PSC.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No compliance costs for affected 
persons, only a change regarding number of copies to be filed with the PSC.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  In an effort to update some of the PSC's rules it was found that 
not as many copies of tariff submitted were needed as the rule now requires.  
The PSC changed the rule to reflect the number of copies to be filed as 
indicated on the psc.utah.gov website.  The PSC number of copies changed from 
10 required copies to 5 required copies plus original to be filed.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Clark by phone at 801-530-6709, by FAX at 801-530-6796, or by 
Internet E-mail at drexclark@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  04/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35896.htm




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

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

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

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


COMMERCE
ADMINISTRATION
No. 35897 (5-year Review): R151-3. Americans With Disabilities 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:  
The rule should be continued because it is required by federal law and 
regulations, and it provides necessary procedures for the resolution of ADA 
complaints.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Masuda Medcalf by phone at 801-530-7663, by FAX at 801-530-6446, or by 
Internet E-mail at mmedcalf@utah.gov
EFFECTIVE:  02/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35897.htm


OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 35893 (5-year Review): R156-16a. Optometry Practice Act Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure as allowed under statutory 
authority provided in Title 58, Chapter 16a, with respect to optometrists.  
The rule should also be continued as it provides information to ensure 
applicants for licensure are adequately trained and meet minimum licensure 
requirements and provides licensees with information concerning 
unprofessional conduct, definitions, and ethical standards relating to the 
profession.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Clyde Ormond by phone at 801-530-6254, by FAX at 801-530-6511, or by 
Internet E-mail at cormond@utah.gov
EFFECTIVE:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35893.htm

No. 35892 (5-year Review): R156-37. Utah Controlled Substances 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 and licensees of the rules relating to controlled substances, as 
allowed under statutory authority provided in Title 58, Chapter 37.  This 
rule is applicable to occupations and professions involved with controlled 
substances which are regulated by the Division.  The rule should also be 
continued as it provides information to ensure applicants for licensure are 
knowledgeable about controlled substance requirements of the Division with 
respect to items that are not covered separately in each 
occupational/professional rule.  This rule should also be continued as it 
provides information to affected and interested persons with respect to the 
Controlled Substance Database as required in Title 58, Chapter 37f.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Debra Hobbins by phone at 801-530-6789, by FAX at 801-530-6511, or by 
Internet E-mail at dhobbins@utah.gov
EFFECTIVE:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35892.htm

No. 35894 (5-year Review): R156-76. Professional Geologist 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 76, with respect to professional 
geologists.  The rule should also be continued as it provides information to 
ensure applicants for licensure are adequately trained and meet minimum 
licensure requirements and provides licensees with information concerning 
unprofessional conduct, definitions and ethical standards relating to the 
profession.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rich Oborn by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet 
E-mail at roborn@utah.gov
EFFECTIVE:  02/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35894.htm



HUMAN SERVICES
CHILD AND FAMILY SERVICES
No. 35895 (5-year Review): R512-1. Description of Division Services, 
Eligibility, and Service Access.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Continuation of this rule is necessary in order for the Division of Child and 
Family Services to continue to provide prevention and intervention services, 
administer In-Home and Out-of-Home Services, and provide for collection of 
fees and civil rights and due process for clients.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by 
Internet E-mail at carolmiller@utah.gov
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
EFFECTIVE:  02/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35895.htm



REGENTS (BOARD OF)
UNIVERSITY OF UTAH, COMMUTER SERVICES
No. 35888 (5-year Review): R810-2. Parking Meters.
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 continue because the underlying statute continues to permit 
it.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Collin Simmons by phone at 801-587-9394, by FAX at 801-587-9667, or by 
Internet E-mail at collin.simmons@utah.edu
EFFECTIVE:  02/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35888.htm

No. 35889 (5-year Review): R810-5. Permit Types, Eligibility and Designated 
Parking Areas.
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 continue because the underlying statute continues to permit 
it.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Collin Simmons by phone at 801-587-9394, by FAX at 801-587-9667, or by 
Internet E-mail at collin.simmons@utah.edu
EFFECTIVE:  02/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35889.htm

No. 35882 (5-year Review): R810-6. Permit Prices and Refunds.
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 continue because the underlying statute continues to permit 
it.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Collin Simmons by phone at 801-587-9394, by FAX at 801-587-9667, or by 
Internet E-mail at collin.simmons@utah.edu
EFFECTIVE:  02/16/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35882.htm

No. 35883 (5-year Review): R810-9. Contractors and Their Employees.
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 continue because the underlying statute continues to permit 
it.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Collin Simmons by phone at 801-587-9394, by FAX at 801-587-9667, or by 
Internet E-mail at collin.simmons@utah.edu
EFFECTIVE:  02/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35883.htm

No. 35884 (5-year Review): R810-10. Enforcement System.
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 continue because the underlying statute continues to permit 
it.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Collin Simmons by phone at 801-587-9394, by FAX at 801-587-9667, or by 
Internet E-mail at collin.simmons@utah.edu
EFFECTIVE:  02/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35884.htm

No. 35890 (5-year Review): R810-11. Appeals System.
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 continue because the underlying statute continues to permit 
it.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Collin Simmons by phone at 801-587-9394, by FAX at 801-587-9667, or by 
Internet E-mail at collin.simmons@utah.edu
EFFECTIVE:  02/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35890.htm




5.  NOTICES OF FIVE-YEAR REVIEW EXTENSIONS

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

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

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


CAPITOL PRESERVATION BOARD (STATE)
ADMINISTRATION
No. 35899 (Five-Year Extension): R131-3. Use of Magnetometers on Capitol 
Grounds.
EXTENSION REASON:  The Capitol Preservation Board needs more time to schedule 
a meeting in order to discuss this rule which is up for a five-year review on 
05/16/2012.  The new deadline is 09/13/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by 
Internet E-mail at abachman@utah.gov
- Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by 
Internet E-mail at agamble@utah.gov
- Chiarina Gleed by phone at 801-538-3240, by FAX at 801-538-3313, or by 
Internet E-mail at cgleed@utah.gov
EFFECTIVE:  02/29/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120315/35899.htm




6.  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. 


ALCOHOLIC BEVERAGE CONTROL
ADMINISTRATION
No. 35588  (AMD): R81-1-6.  Violation Schedule
Published:  01/15/2012
Effective:  03/01/2012



CAPITOL PRESERVATION BOARD (STATE)
ADMINISTRATION
No. 35610  (AMD): R131-13.  Health Reform - Health Insurance Coverage in 
State Contracts - Implementation
Published:  01/15/2012
Effective:  02/21/2012



CAREER SERVICE REVIEW OFFICE
ADMINISTRATION
No. 35559  (AMD): R137-1-21.  The Evidentiary/Step 4 Adjudicatory Procedures
Published:  01/15/2012
Effective:  02/21/2012



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 35585  (AMD): R156-83-502.  Unprofessional Conduct
Published:  01/15/2012
Effective:  02/21/2012


SECURITIES
No. 35558  (NEW): R164-101.  Securities Fraud Reporting Program Act
Published:  01/15/2012
Effective:  02/21/2012



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35584  (AMD): R414-1-5.  Incorporations by Reference
Published:  01/15/2012
Effective:  02/21/2012

No. 35583  (AMD): R414-401-5.  Penalties and Interest
Published:  01/15/2012
Effective:  02/21/2012



HUMAN SERVICES
SUBSTANCE ABUSE AND MENTAL HEALTH, STATE HOSPITAL
No. 35589  (AMD): R525-2.  Patient Rights
Published:  01/15/2012
Effective:  02/21/2012

No. 35590  (AMD): R525-3.  Medication Treatment of Patients
Published:  01/15/2012
Effective:  02/21/2012

No. 35591  (AMD): R525-5.  Background Checks
Published:  01/15/2012
Effective:  02/21/2012

No. 35593  (AMD): R525-6.  Prohibited Items and Devices
Published:  01/15/2012
Effective:  02/21/2012

No. 35594  (AMD): R525-7.  Complaints/Suggestions/Concerns
Published:  01/15/2012
Effective:  02/21/2012

No. 35596  (AMD): R525-8.  Forensic Mental Health Facility
Published:  01/15/2012
Effective:  02/21/2012



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 35586  (AMD): R986-700-713.  Amount of CC Payment
Published:  01/15/2012
Effective:  04/01/2012




7.  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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