Utah State Digest, Vol. 2012, No. 8 (April 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 March 16, 2012, 12:00 AM through April 2, 2012, 11:59 PM


Volume 2012, No. 8
April 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.
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of Administrative Rules.

KFU38.U8
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1.  SPECIAL NOTICES

Notice for April 2012 - 1115 Primary Care Network Demonstration Waiver 
Amendment - Utah's Premium Partnership (UPP) for Health Insurance Program
- 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/2012/20120415/sn152355.htm

Notice for May 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/2012/20120415/sn152356.htm

Public Notice on Extending the Public Comment for the Amendment on Rule R428-
10 (DAR No.35870) Published in the March 1, 2012, Bulletin
- 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
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/sn152405.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 March 16, 2012, 12:00 a.m., and April 2, 
2012, 11:59 p.m. are summarized in this, the April 15, 2012, issue of the 
Utah State Digest.

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


ADMINISTRATIVE SERVICES
FACILITIES CONSTRUCTION AND MANAGEMENT
No. 36020 (Amendment): R23-1-40. Procurement of Construction.
SUMMARY OF THE RULE OR CHANGE:  This rule establishes procedures for the 
procurement of construction by the Division.  The Division is changing the 
amount of $50,000 to $100,000 for bonding and bid security requirements for 
the award of construction contracts by the Division.  The reason for the 
amount change is due to inflation and changed market conditions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This change will will have no impact on the state 
budget, if anything there will be a cost savings.  Cost for bonds that are no 
longer required for projects between $50,000 and $100,000 will no longer 
passed onto the state.
- LOCAL GOVERNMENTS:  This rule does not apply to local governments.
- SMALL BUSINESSES:  This rule change will save costs for small businesses.  
Cost for bonds that are no longer required for projects between $50,000 and 
$100,000 will no longer passed onto the state.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only results in savings to businesses dealing with the 
state.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no added compliance costs, 
however there is a savings for projects between $50,000 and $100,000.  The 
Division no longer requires bonds for firms bidding on projects for $50,000 
to $100,000.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule is being changed to reflect inflation and changed 
market conditions.  While some local companies may lose some business, many 
small businesses and taxpayers will save money as bonds will not be required 
for payments between $50,000 and $100,000.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
- Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or 
by Internet E-mail at cniederhauser@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
- 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:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36020.htm


FINANCE
No. 35975 (New Rule): R25-20. Indigent Defense Funds Board, Procedures for 
Electronic Meetings.
SUMMARY OF THE RULE OR CHANGE:  The rule establishes procedures by which the 
Board members may participate in electronic meetings including requirements 
regarding the posting of the agenda for the meeting, establishment of the 
anchor location, and methods by which participation can occur.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will be some cost with providing the phone bridge.  
The cost for the phone bridge should be less than the amount for mileage 
reimbursements for board members.
- LOCAL GOVERNMENTS:  No cost because the infrastructure to participate 
already exists.  There may be some savings because people will no longer be 
required to physically attend.
- SMALL BUSINESSES:  No cost because the infrastructure to participate 
already exists.  There may be some savings because board members will no 
longer be required to physically attend.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No cost because the infrastructure to participate already exists.  
There may be some savings because board members will no longer be required to 
physically attend.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The rule imposes no requirements on 
affected persons.  There are no compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No impact on business.  Possible minimal savings for board 
members who will no longer have to physically attend board meetings.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Barbara Sutherland by phone at 801-538-3020, by FAX at 801-538-3244, or by 
Internet E-mail at bsutherland@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35975.htm



GOVERNOR
PLANNING AND BUDGET, INSPECTOR GENERAL OF MEDICAID SERVICES (OFFICE OF)
No. 35958 (Amendment): R367-1-15. Administrative Hearings.
SUMMARY OF THE RULE OR CHANGE:  The Administrative hearing process will be 
removed from Section R367-1-15.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment will not impact or affect the state 
budget.  The appeals processes will still occur through an alternative 
avenue; not administrative rulemaking.  As this is an amendment to a current 
proposed rule; the status quo of cost to that rule is not changed or affected 
by this modification.
- LOCAL GOVERNMENTS:  This amendment will not impact or affect local 
government.  The appeals processes will still occur through an alternative 
avenue; not administrative rulemaking.  As this is an amendment to a current 
proposed rule; the status quo of cost to that rule is not changed or affected 
by this modification.
- SMALL BUSINESSES:  This amendment will not impact or affect small 
businesses.  The appeals processes will still occur through an alternative 
avenue; not administrative rulemaking.  As this is an amendment to a current 
proposed rule; the status quo of cost to that rule is not changed or affected 
by this modification.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This amendment will not impact or affect persons other than small 
businesses, businesses, or local government entities.  The appeals processes 
will still occur through an alternative avenue; not administrative 
rulemaking.  As this is an amendment to a current proposed rule; the status 
quo of cost to that rule is not changed or affected by this modification.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendment to Rule R367-1 does not 
create new compliance costs for any local government or business.  There are 
no regulatory mandates created by this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no additional cost to any entity because of this 
amendment.  This is an amendment to a current proposed rule (R367-1); the 
cost to the status quo of the proposed rule (R367-1) is not changed or 
affected by this modification.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35958.htm



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35994 (Amendment): R414-1-5. Incorporations by Reference.
SUMMARY OF THE RULE OR CHANGE:  Section R414-1-5 is changed to update the 
incorporation by reference date of the State Plan to 04/01/2012.  It also 
incorporates by reference State Plan Amendments (SPAs) that become effective 
no later than 04/01/2012.  SPAs for this incorporation of the State Plan 
include: SPA 11-005-UT Disproportionate Share Hospital Payments, which allows 
the State Hospital to receive direct disproportionate share payments at 
different intervals in a fiscal period based on the uncompensated care cost 
survey data that the hospital submits; SPA 11-006-UT Quality Improvement 
Incentive, which continues quality incentive programs for nursing facilities, 
updates the incentive period to be 07/01/2011 through 05/31/2012, and updates 
routine services to reflect daily rate and ancillary services; SPA 11-008-UT 
Outpatient Hospital Payments, which updates the State Plan to move to 
Medicare's reimbursement methodology for outpatient hospital services; SPA 
11-010-UT Clarification of Peer Support Services, which clarifies that peer 
support services, when provided to children, are provided to the child's 
parents and legal guardians as appropriate to the child's age, clarifies that 
the services are directed exclusively to the treatment of the Medicaid-
eligible child, and clarifies that provider qualifications include a parent 
of a child with serious emotional disturbance or an adult who has an ongoing 
and personal relationship with a family member with serious emotional 
disturbance; SPA 11-011 Tobacco Cessation Counseling Services for Pregnant 
Women, which specifies who can provide face-to-face tobacco cessation 
counseling services for pregnant women and specifies the limitations; and SPA 
11-012-UT (companion to SPA 11-008-UT), which updates another section of the 
State Plan to move to Medicare's reimbursement methodology for outpatient 
hospital services.  This rule change also incorporates by reference the 
Medical Supplies Manual and List and the hospital services provider manual, 
effective 04/01/2012; incorporates by reference both the definitions and the 
attachment for the Private Duty Nursing Acuity Grid found in the Home Health 
Agencies Provider Manual, effective 04/01/2012; incorporates by reference the 
Speech-Language Services Provider Manual, effective 04/01/2012; incorporates 
by reference the Audiology Services Provider Manual, effective 04/01/2012; 
incorporates by reference the Hospice Care Provider Manual, effective 
04/01/2012; incorporates by reference the Long Term Care Services in Nursing 
Facilities Provider Manual, with its attachments, effective 04/01/2012; 
incorporates by reference the Utah Home and Community-Based Waiver Services 
for Individuals 65 or Older Provider Manual, effective 04/01/2012; 
incorporates by reference the Personal Care Provider Manual, with its 
attachments, effective 04/01/2012; incorporates by reference the Utah Home 
and Community-Based Waiver Services for Individuals with Acquired Brain 
Injury Age 18 and Older Provider Manual, effective 04/01/2012; incorporates 
by reference the Utah Home and Community-Based Waiver Services for 
Individuals with Intellectual Disabilities or Other Related Conditions 
Provider Manual, effective 04/01/2012; incorporates by reference the Utah 
Home and Community-Based Waiver Services for Individuals with Physical 
Disabilities Provider Manual, effective 04/01/2012; incorporates by reference 
the Utah Home and Community-Based Waiver Services New Choices Waiver Provider 
Manual, effective 04/01/2012; and incorporates by reference the Utah Home and 
Community-Based Waiver Services for Technology Dependent, Medically Fragile 
Individuals (HCBWS) Provider Manual, effective 04/01/2012.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no budget impact because this change only 
fulfills the requirement to incorporate the State Plan by reference.  
Implementation of the State Plan is within legislative budget allotments.  
Further, the rule's incorporation of ongoing Medicaid policy described in the 
provider manuals does not create costs or savings to the Department or other 
state agencies.
- LOCAL GOVERNMENTS:  There is no budget impact because this change only 
fulfills the requirement to incorporate the State Plan by reference.  
Implementation of the State Plan is within legislative budget allotments.  
Further, the rule's incorporation of ongoing Medicaid policy described in the 
provider manuals does not create costs or savings to local governments.
- SMALL BUSINESSES:  There is no budget impact because this change only 
fulfills the requirement to incorporate the State Plan by reference.  
Implementation of the State Plan is within legislative budget allotments.  
Further, the rule's incorporation of ongoing Medicaid policy described in the 
provider manuals does not create costs or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no budget impact because this change only fulfills the 
requirement to incorporate the State Plan by reference.  Implementation of 
the State Plan is within legislative budget allotments.  Further, the rule's 
incorporation of ongoing Medicaid policy described in the provider manuals 
does not create costs or savings to other persons or entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
this change only fulfills the requirement to incorporate the State Plan by 
reference.  Implementation of the State Plan is within legislative budget 
allotments.  Further, the rule's incorporation of ongoing Medicaid policy 
described in the provider manuals does not create costs or savings to a 
single Medicaid recipient or provider.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule should not have a direct fiscal impact on business.  
Incorporation of the State Plan by this rule assures that the Medicaid 
program is implemented through administrative rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35994.htm



LABOR COMMISSION
BOILER AND ELEVATOR SAFETY
No. 35963 (Amendment): R616-2-3. Safety Codes and Rules for Boilers and 
Pressure Vessels.
SUMMARY OF THE RULE OR CHANGE:  The amendments adopt by reference the 2011a 
addenda, issued July 1, 2011, to Sections I, IV and VIII of the ASME Boiler 
and Pressure Vessel Code (2010) and the National Board Inspection Code 
ANSI/NB-23 (2011), parts 1, 2 and 3, issued July 31, 2011.  These addenda to 
the existing Boiler and Pressure Vessel Code make a small number of 
relatively minor editorial changes to reflect:  1) reformatting of the Code; 
and 2) renaming and placement of ASME's code symbol stamp on newly-
constructed boilers and pressure vessels.  The ASME  addenda also adds a 
requirement for full radiography (non-destructive) testing on unfired steam 
boilers with design pressures not to exceed 50 psig.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments have no effect on the State's cost of 
enforcing boiler and pressure vessel engineering and safety standards.  The 
amendments do not apply to existing boilers and pressure vessels and will 
have no fiscal impact on those existing installations.  With respect to new 
boilers and pressure vessels installed in State buildings, the 2011a addenda 
make only minor editorial changes, while the updated ASME Code does not apply 
to the types of boiler installations that are used by the State.  
Consequently, the proposed amendments will not result in any cost or savings 
to the State.
- LOCAL GOVERNMENTS:  The amendments do not apply to existing boilers and 
pressure vessels and will have no fiscal impact on those existing 
installations.  With respect to new boilers and pressure vessels installed in 
local government buildings, the 2011a addenda make only minor editorial 
changes, while the updated ASME Code does not apply to the types of boiler 
installations that are used by local government.  Consequently, the proposed 
amendments will not result in any cost of savings to local government.
- SMALL BUSINESSES:  The amendments do not apply to existing boilers and 
pressure vessels and will have no fiscal impact on those existing 
installations.  The 2011a addenda make only minor editorial changes, while 
the updated ASME Code does not apply to the types of boiler installations 
that are used by small businesses.  Consequently, the proposed amendments 
will not result in any cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments do not apply to existing boilers and pressure 
vessels and will have no fiscal impact on those existing installations.  With 
respect to new boilers and pressure vessels, the 2011a addenda make only 
minor editorial changes.  The requirement in the updated ASME Code for full 
radiography (non-destructive) testing on unfired steam boilers with design 
pressures not to exceed 50 psig could affect power companies.  However, the 
Labor Commission is unaware of these units being manufactured or used in 
Utah; for any units that are subject to the updated ASME Code, the cost is 
expected to be less than $200.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Adoption of these amendments will 
likely result in no additional costs for Utah businesses.  The only potential 
cost impact arises from the ASME Code's new requirement for enhanced testing 
on some types of boilers.  That cost would be less than $200 per unit.  On 
the other hand, Utah businesses will competitively benefit by maintaining 
uniformity between Utah's rules and national standards for boiler and 
pressure vessels.  On balance, these competitive advantages will outweigh any 
potential costs from adopting the updated standards.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The adoption of this code will have a minimal net fiscal impact 
on Utah businesses; however, adoption of the new codes is necessary to 
maintain conformity between Utah and national standards, thereby allowing 
Utah businesses to compete in national markets. Some large power companies 
may be affected by the ASME Codes new requirement for full radiography (non-
destructive) testing on unfired steam boilers with design pressures not to 
exceed 50 psig; however, cost should not exceed $200 per unit.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by 
Internet E-mail at awindham@utah.gov
- Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by 
Internet E-mail at phackford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35963.htm

No. 35961 (Amendment): R616-2-15. Deputy Boiler/Pressure Vessel Inspectors.
SUMMARY OF THE RULE OR CHANGE:  Currently, Subsection R616-2-15(H) requires a 
hearing in every instance where the Chief Inspector has concluded a deputy 
inspector is unqualified, has violated inspection standards, or should be 
subjected to corrective action--even in those cases where the deputy 
inspector and sponsoring employer accept the Chief Inspector's findings.  The 
proposed amendment modifies Subsection R616-2-15(H) to eliminate the 
requirement of a hearing in such cases, where there is no dispute and the 
parties have accepted the Chief Inspector's findings.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  By eliminating hearings in cases where there is no 
dispute, the Division may save costs of staff time that would otherwise be 
devoted to such hearings.  These hearings are rare in any event and the 
Commission does not anticipate any appreciable costs or savings to the state 
budget by eliminating them.
- LOCAL GOVERNMENTS:  Local governments do not employ deputy inspectors and 
are not otherwise affected by elimination of the hearing requirement in 
undisputed cases.  Consequently, the Commission does not expect the amendment 
to result in any costs or savings for local governments.
- SMALL BUSINESSES:  Small businesses do not employ deputy inspectors and are 
not otherwise affected by elimination of the hearing requirement in 
undisputed cases.  Consequently, the Commission does not expect the amendment 
to result in any costs or savings for small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Eliminating hearings in cases where there is no dispute will save 
deputy inspectors and their sponsoring employers the costs associated with 
such hearings.  However, because these hearings are rare, the Commission does 
not anticipate any appreciable costs or savings to the inspectors or their 
employers.  The amendment will not have any fiscal impact on other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendment eliminates 
existing hearing requirements for cases where there is no dispute among the 
parties.  Elimination of these unnecessary hearings will not impose any 
compliance costs on affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The proposed amendment conforms Subsection R616-2-15(H) to the 
Division's actual practice by eliminating language that suggests a hearing is 
required even in those cases where the parties have accepted the Chief 
Inspector's findings.  To the extent that this minor change has any fiscal 
impact, it will be positive by eliminating costs that businesses might accrue 
in an unnecessary administrative hearing.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by 
Internet E-mail at awindham@utah.gov
- Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by 
Internet E-mail at phackford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35961.htm

No. 35962 (Amendment): R616-3-3. Safety Codes for Elevators.
SUMMARY OF THE RULE OR CHANGE:  The amendments adopt by reference the:  1) 
2010 edition of ASME A17.1, Safety Code for Elevators and Escalators; 2) 2009 
edition of ASME A90.1, Safety Standard for Belt Manlifts; 3) 2008 ASME A18.1, 
Safety Standard for Platform Lifts and Stairway Chairlifts; and 4) 2007 
edition of ANSI A10.4, Safety Requirement for Personnel Hoists and Employee 
Elevators for Construction and Demolition Operations.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendments have no effect of the State's cost of 
enforcing elevator and escalator engineering and safety standards.  The 
amendments do not apply to existing elevator and escalator installations and 
will have no fiscal impact on those existing installations.  With respect to 
remodeling existing elevators/escalators or installing new 
elevators/escalators, the following costs and savings may apply depending on 
the nature of these installation:  1) new elevator technologies authorized by 
these amendments eliminate the requirement of a separate room or space for 
elevator equipment and controls in some applications, thereby reducing 
construction costs by approximately $200,000 for a qualifying building; 2) 
use of LED lighting instead of incandescent bulbs in emergency and auxiliary 
lighting applications will cost approximately $100 per unit, but the cost 
will be recovered from lower long-term costs for electricity and bulb 
replacement; and 3) standards to prevent hydraulic oil overheating, at a cost 
of $500 per unit, will prevent rare but serious elevator safety hazards.
- LOCAL GOVERNMENTS:  The amendments do not apply to existing 
elevator/escalator installations and will have no fiscal impact on those 
installations.  With respect to remodeling existing elevators/escalators or 
installing new elevators/escalators, the following costs and savings may 
apply depending on the nature of the installation:  1) new elevator 
technologies authorized by these amendments eliminate the requirement of a 
separate room or space for elevator equipment and controls in some 
applications, thereby reducing construction costs by approximately $200,000 
for a qualifying building; 2) use of LED lighting instead on incandescent 
bulbs in emergency and auxiliary lighting applications will cost 
approximately $100 per unit, but that cost will be recovered from lower long-
term costs for electricity and bulb replacement; 3) standards to prevent 
hydraulic oil overheating, at a cost of $500 per unit, will prevent rare but 
serious elevator safety hazards; and 4) for some specialized escalator 
applications, such as airport walkways, the new standards allow variable-
speed operation that will result in reduced maintenance and operation costs.
- SMALL BUSINESSES:  The amendments do not apply to existing elevator and 
escalator installations and will have no fiscal impact on those 
installations.  With respect to remodeling existing elevators/escalators or 
installing new elevators/escalators, the following costs and savings may 
apply depending on the nature of the installation:  1) new elevator 
technologies authorized by these amendments eliminate the requirement of a 
separate room or space for elevator equipment and controls in some 
applications, thereby reducing construction costs by approximately $200,000 
for a qualifying building; 2) use of LED lighting instead on incandescent 
bulbs in emergency and auxiliary lighting applications will cost 
approximately $100 per unit, but that cost will be recovered from lower long-
term costs for electricity and bulb replacement; and 3) standards to prevent 
hydraulic oil overheating, at a cost of $500 per unit, will prevent rare but 
serious elevator safety hazards.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The amendments do not apply to existing elevator and escalator 
installations and will have no fiscal impact on those installations.  With 
respect to remodeling existing elevators/escalators or installing new 
elevators/escalators, the following costs and savings may apply depending on 
the nature of the installation:  1) new elevator technologies authorized by 
these amendments eliminate the requirement of a separate room or space for 
elevator equipment and controls in some applications, thereby reducing 
construction costs by approximately $200,000 for a qualifying building; 2) 
use of LED lighting instead on incandescent bulbs in emergency and auxiliary 
lighting applications will cost approximately $100 per unit, but that cost 
will be recovered from lower long-term costs for electricity and bulb 
replacement; and 3) standards to prevent hydraulic oil overheating, at a cost 
of $500 per unit, will prevent rare but serious elevator safety hazards.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments do not apply to 
existing elevator/escalator installations and will have no fiscal impact on 
those installations.  With respect to remodeling existing 
elevators/escalators or installing new elevators/escalators, the engineering 
and safety features adopted by these amendments have previously been included 
in ASME standards that are followed by manufacturers nation-wide.  
Consequently, the features are already included in new elevators and 
escalators and the cost of the features is already incorporated in the price 
of the equipment.  For that reason, Utah's adoption of the ASME standards 
will have no actual effect on elevator and escalator equipment costs in Utah.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These amendments bring Utah's rules for elevators and escalators 
into conformity with national standards.  As already noted, elevator and 
escalator equipment is manufactured according to ASME standards and the cost 
of those standards is already included in the price of elevator and escalator 
equipment.  Under these circumstances, the proposed amendments will not 
result in any actual additional  costs for elevators or escalators in Utah.  
However, by adopting the ASME standards and maintaining conformity between 
Utah and national standards, elevator and escalator owners in Utah will avoid 
costs that might result if Utah's standards differed from national standards.  
Likewise, elevator and escalator owners will benefit from the reduced costs 
and increased safety made possible by the new technologies that are 
incorporated by the proposed amendments.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by 
Internet E-mail at awindham@utah.gov
- Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by 
Internet E-mail at phackford@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35962.htm



NATURAL RESOURCES
OIL, GAS AND MINING; COAL
No. 35995 (Amendment): R645-100-200. Definitions.
SUMMARY OF THE RULE OR CHANGE:  This rule amendment includes changes to eight 
terms in the Coal Regulatory Program rules, in accordance with federal 
regulation.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment changes the definition of terms, which 
does not have a cost or savings to the state budget.
- LOCAL GOVERNMENTS:  No local government costs or savings are anticipated.  
Local government is not impacted by this rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses because coal mining in Utah is not conducted by small business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This amendment only modifies terms used in the Coal Regulatory 
Program rules, and does not have an anticipated cost or savings to persons 
other than small businesses, businesses, or local government.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Coal mine operators within Utah are 
regulated via the R645 rules.  No compliance costs are expected from this 
rule amendment because it only modifies terms, in conjunction with federal 
regulations.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No measurable fiscal impact upon businesses is expected from 
this rule change.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 04/25/2012 09:00 AM, Sevier County Admin. Bldg, 250 N Main St, Richfield, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  05/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35995.htm

No. 35996 (Amendment): R645-300-100. Review, Public Participation, and 
Approval or Disapproval of Permit Applications and Permit Terms and 
Conditions.
SUMMARY OF THE RULE OR CHANGE:  This rule amendment primarily modifies the 
division's responsibilities for review of a coal mining permit concerning the 
applicant's or operator's ownership or control of mining operations, provides 
opportunity for a person to challenge an ownership or control listing, 
identifies conditions where the applicant is not eligible, and identifies the 
updates that are appropriate for permit information.  These amendments are in 
accordance with Office of Surface Mining regulations.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  While the amendment modifies division procedures for coal permit 
applications, no measurable impact is expected to the state cost in such 
determinations.
- LOCAL GOVERNMENTS:  No local government costs or savings are anticipated.  
Local government is not impacted by this rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses because coal mining in Utah normally is not conducted by a small 
business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons other than small businesses, businesses, or local 
government entities are not anticipated to incur costs or savings.  These 
regulations impact the Division and coal mining companies in Utah.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Coal mine operators within Utah are 
regulated via the R645 rules.  While the amendment provides for a coal permit 
applicant to swear all permit information is accurate and complete prior to 
the final permit decision, or provide any updates if necessary, no measurable 
impact on compliance costs is expected for coal mine operators.  If Utah did 
not have state primacy, coal mining companies would need to comply with 
relevant federal regulations.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No measurable fiscal impact upon businesses is expected from 
this rule change.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 04/25/2012 09:00 AM, Sevier County Admin. Bldg, 250 N Main St, Richfield, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  05/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35996.htm

No. 35997 (Amendment): R645-301-100. General Contents.
SUMMARY OF THE RULE OR CHANGE:  This rule amendment modifies the information 
required in a coal mining application pertaining to those with an interest, 
whether individuals or business entities.  These amendments are in accordance 
with Office of Surface Mining regulations.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  While the amendment clarifies the information required in an 
application, no measurable impact is expected to the state cost in such 
determinations.
- LOCAL GOVERNMENTS:  No local government costs or savings are anticipated.  
Local government is not impacted by this rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses because coal mining in Utah normally is not conducted by a small 
business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons other than small businesses, businesses, or local 
government entities are not anticipated to incur costs or savings.  These 
regulations impact the Division and coal mining companies in Utah.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Coal mine operators within Utah are 
regulated via the R645 rules.  While the amendment clarifies the information 
included in applications for those with interests, no measurable impact on 
compliance costs is expected for coal mine operators.  If Utah did not have 
state primacy, coal mining companies would need to comply with relevant 
federal regulations.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No measurable fiscal impact upon businesses is expected from 
this rule change.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 04/25/2012 09:00 AM, Sevier County Admin. Bldg, 250 N Main St, Richfield, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  05/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35997.htm

No. 35998 (Amendment): R645-302-200. Special Categories of Mining.
SUMMARY OF THE RULE OR CHANGE:  This rule amendment includes a minimum 
standard if a mining operator plans to pursue remining of a previously mined 
area with coal resources.  This amendment is in accordance with Office of 
Surface Mining regulations.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  While the amendment clarifies the information required in an 
application for a remining area, no measurable impact is expected to the 
state cost in such application determinations.
- LOCAL GOVERNMENTS:  No local government costs or savings are anticipated.  
Local government is not impacted by this rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses because coal mining in Utah normally is not conducted by a small 
business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons other than small businesses, businesses, or local 
government entities are not anticipated to incur costs or savings.  These 
regulations impact the Division and coal mining companies in Utah.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Coal mine operators within Utah are 
regulated via the R645 rules.  The amendment clarifies the information 
included in an application for remining an area with coal resources.  Mining 
a previously mined area in Utah is not common.  If Utah did not have state 
primacy, coal mining companies would need to comply with corresponding 
federal regulations.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No measurable fiscal impact upon businesses is expected from 
this rule change.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 04/25/2012 09:00 AM, Sevier County Admin. Bldg, 250 N Main St, Richfield, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  05/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35998.htm

No. 35999 (Amendment): R645-303-300. Transfer, Assignment, or Sale of Permit 
Rights.
SUMMARY OF THE RULE OR CHANGE:  This rule amendment allows a prospective 
successor operator to engage in coal mining operations under a permit if the 
party can demonstrate sufficient bond coverage remains in place.  This 
amendment is in accordance with Office of Surface Mining regulations.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  The amendment clarifies the Division's ability to approve a 
prospective successor mining operator if bond coverage remains in place, and 
no measurable impact is expected to the state cost in such situations.
- LOCAL GOVERNMENTS:  No local government costs or savings are anticipated.  
Local government is not impacted by this rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses because coal mining in Utah normally is not conducted by a small 
business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons other than small businesses, businesses, or local 
government entities are not anticipated to incur costs or savings.  These 
regulations impact the Division and coal mining companies in Utah.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Coal mine operators within Utah are 
regulated via the R645 rules.  This amendment clarifies the Division's 
ability to approve a successor mining operator for an existing permitted coal 
mine, and therefore no measurable impact on compliance costs is expected for 
coal mine operators.  This amendment is in accordance with Office of Surface 
Mining regulations.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No measurable fiscal impact upon businesses is expected from 
this rule change.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 04/25/2012 09:00 AM, Sevier County Admin. Bldg, 250 N Main St, Richfield, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  05/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35999.htm

No. 36000 (Amendment): R645-400-300. Provisions of State Enforcement.
SUMMARY OF THE RULE OR CHANGE:  This amendment modifies one provision of the 
rule which pertains to who is notified by the Division of a cessation order 
of a coal mining operation.  This amendment is in accordance with Office of 
Surface Mining regulations.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget.  While the amendment modifies the parties notified by the Division of 
a cessation order, no measurable impact is expected to the state cost for 
such items.
- LOCAL GOVERNMENTS:  No local government costs or savings are anticipated.  
Local government is not impacted by this rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses because the rule amendment only affects the Division notification 
process after issuance of a cessation order.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons other than small businesses, businesses, or local 
government entities are not anticipated to incur costs or savings.  The R645 
regulations impact the Division and coal mining companies in Utah.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Coal mine operators within Utah are 
regulated via the R645 rules.  This rule amendment only affects the Division 
notification process after a cessation order on a coal mining operation, so 
coal mining operators should not incur compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no measurable fiscal impact upon businesses from this 
rule change.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 04/25/2012 09:00 AM, Sevier County Admin. Bldg, 250 N Main St, Richfield, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  05/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36000.htm

No. 36001 (New Rule): R645-403. Alternative Enforcement.
SUMMARY OF THE RULE OR CHANGE:  This rule establishes alternative enforcement 
provisions beyond notices of violation and cessation orders regarding coal 
mining operations who willfully and knowingly violate or refuse to comply, 
including pursuit of criminal penalties or civil actions.  This rule is in 
accordance with Office of Surface Mining regulations at 30 CFR 847.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget as statutory provisions pertaining to this rule already existed.  
Occasions where a coal mining permittee knowingly or willfully violates a 
permit or refuses to comply and criminal penalties or civil actions are to be 
pursued are also expected to be very rare.  Therefore, no measurable impact 
is expected to the state cost.
- LOCAL GOVERNMENTS:  No local government costs or savings are anticipated.  
Local government is not impacted by this rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses because coal mining in Utah normally is not conducted by a small 
business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons other than small businesses, businesses, or local 
government entities are not anticipated to incur costs or savings.  These 
regulations impact the Division and coal mining companies in Utah.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Coal mine operators within Utah are 
regulated via the R645 rules, under the statutory authority of Title 40, 
Chapter 10.  Since coal mining permittees were already subject to the 
statutory provisions concerning alternative enforcement methods identified in 
this rule, no new costs for such parties are expected from this rule.  If 
Utah did not have state primacy, coal mining companies would need to comply 
with relevant federal regulations at 30 CFR 847.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No new fiscal impacts upon businesses are expected from this 
rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 04/25/2012 09:00 AM, Sevier County Admin. Bldg, 250 N Main St, Richfield, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  05/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36001.htm



PUBLIC SAFETY
FIRE MARSHAL
No. 36022 (Amendment): R710-4-3. Amendments and Additions.
SUMMARY OF THE RULE OR CHANGE:  The following amendments are proposed as 
listed:  1) in Subsection R710-4-3(3.1.1(e)), the Board proposes to modify an 
existing footnote in the 2009 International Fire Code, and allow secondary 
schools to use half of the required fire drills for other purposes.  
Currently, a secondary school is required to have four emergency evacuation 
fire drills per school year.  The Board proposes to allow secondary schools 
to use the second and fourth evacuation drill for other required drills such 
as shelter in place, earthquake drill or lock down for violence; and 2) in 
Subsection R710-4-3(3.1.1(f)), the Board proposes to remove the approval of 
the Authority Having Jurisdiction (AHJ) and changed the word "can" to "may".
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no aggregate anticipated cost or savings to the 
state budget because this just changes the type of drill and does not require 
a further cost for compliance.
- LOCAL GOVERNMENTS:  There is no aggregate cost or savings to local 
government because this proposed amendment does not affect local government.
- SMALL BUSINESSES:  There is no aggregate cost or savings to small 
businesses because this proposed amendment does not affect small businesses 
and only affects secondary schools.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no aggregate anticipated cost or savings to other persons 
because this just changes the type of drill allowed and does not require 
additional costs to implement.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance costs for 
affected persons because the proposed amendment allows the school district to 
decide if they wish to substitute other required drills for the required fire 
drills.  This allows for all types of drills to be rehearsed and does not 
further affect the time commitment for teaching and studies in the secondary 
schools.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact on businesses for the enactment of 
this proposed rule amendment.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Brent Halladay by phone at 801-284-6352, by FAX at 801-284-6351, or by 
Internet E-mail at bhallada@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36022.htm

No. 36023 (Amendment): R710-10-5. Fire Service Standards and Training 
Council.
SUMMARY OF THE RULE OR CHANGE:  In Subsection R710-10-5(5.2.9), the Board 
proposes to remove the representative from the Fire Service Standards and 
Training Council that represented the Advanced Life Support (ALS) provider 
from Emergency Medical Services (EMS) and replace that representative with a 
representative from the Utah Fire and Life Safety Education Association.  The 
Board felt that it has little to do with EMS in its responsibilities, and it 
would be better representation to replace that representative with a person 
from the Utah Fire and Life Safety Education Association, since that is one 
of the Board's specific mandates.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no aggregate anticipated cost or savings to the 
state budget because this proposed amendment just replaces one representative 
with another.
- LOCAL GOVERNMENTS:  There is no aggregate anticipated cost or savings to 
local government because this proposed amendment does not affect local 
government in any way.
- SMALL BUSINESSES:  There is no aggregate anticipated cost or savings to 
small businesses because this proposed amendment affects a government council 
and has nothing to do with small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no aggregate anticipated cost or savings to other persons 
because this changes the membership of the Fire Service Standards and 
Training Council from one representative to another and does not affect other 
persons in an aggregate form.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons because this proposed amendment substitutes one 
representative from one organization to another representative and has no 
compliance cost to do so.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact to businesses for the enactment of 
this rule amendment.  This proposed rule amendment does not affect 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Brent Halladay by phone at 801-284-6352, by FAX at 801-284-6351, or by 
Internet E-mail at bhallada@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36023.htm



REGENTS (BOARD OF)
UNIVERSITY OF UTAH, COMMUTER SERVICES
No. 35968 (Amendment): R810-2. Parking Meters.
SUMMARY OF THE RULE OR CHANGE:  Changed language to reflect that University 
vehicles are not permitted to park in load zone meters.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There may be minor revenue generated through parking 
meters but not enough to properly forecast and budget accordingly.
- LOCAL GOVERNMENTS:  There should be no impacts to local government budgets 
because load zone meters on our campus have no relevance to their situation.
- SMALL BUSINESSES:  There should be no impacts to small business budgets 
because load zone meters on our campus have no relevance to small business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There should be no impacts because load zone meters on our campus 
have no relevance to outside entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Section R810-2-1 adds "University 
vehicles are not authorized at load zone meters."  There may be additional 
revenue generated from load zone meters.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I see no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Patti Trulli Ibholm by phone at 801-587-9883, by FAX at 801-581-5253, or by 
Internet E-mail at patti.trulli-ibholm@ucs.utah.edu
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35968.htm

No. 35966 (Amendment): R810-5. Permit Types, Eligibility and Designated 
Parking Areas.
SUMMARY OF THE RULE OR CHANGE:  Changed language to reflect that construction 
vehicles must display valid permits to park on campus.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no projected effects on the state budget due 
to the fact the procedure has always been in place but the written rules 
needed to reflect the policy.
- LOCAL GOVERNMENTS:  There are no projected effects on local government 
budgets due to the fact the procedure has always been in place but the 
written rules needed to reflect the policy.
- SMALL BUSINESSES:  There are no projected effects on small business budgets 
due to the fact the procedure has always been in place but the written rules 
needed to reflect the policy.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no projected effects due to the fact the procedure has 
always been in place but the written rules needed to reflect the policy.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Section R810-5-1 adds "and 
contractors" to the list of vehicle owners who need to pay for parking.  This 
procedure has always been on place but was not written in the rules.  Because 
the process is already in motion there should be no additional costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I see no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35966.htm

No. 35969 (Amendment): R810-8. Vendor Regulations.
SUMMARY OF THE RULE OR CHANGE:  Four words from sentence were deleted, "being 
serviced by vendors".
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated budget implications since the 
rule only states authority of parking regulations.
- LOCAL GOVERNMENTS:  There are no anticipated budget implications since the 
rule only states authority of parking regulations.
- SMALL BUSINESSES:  There are no anticipated budget implications since the 
rule only states authority of parking regulations.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated budget implications since the rule only 
states authority of parking regulations.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will not be an additional 
compliance cost due to deletion of text within the rule.  The rule simply 
does not authorize departments on campus to dictate parking related issues 
without Commuter Services.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I see no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35969.htm

No. 35964 (Amendment): R810-11. Appeals System.
SUMMARY OF THE RULE OR CHANGE:  Text regarding small claims affidavit 
removed.  Text regarding that appeals cannot be made over phone added.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no projected effects on the state budget due 
to the fact the change in this rule only affects the procedure for filing a 
parking appeal.
- LOCAL GOVERNMENTS:  There are no projected effects on any local government 
budget due to the fact the change in this rule only affects the procedure for 
filing a parking appeal.
- SMALL BUSINESSES:  There are no projected effects on small business budgets 
due to the fact the change in this rule only affects the procedure for filing 
a parking appeal.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no projected effects due to the fact the change in this 
rule only affects the procedure for filing a parking appeal.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Section R810-11-1 stipulates that an 
appeal for a parking ticket can only be submitted until a small claims 
affidavit has been filed.  The agency is suggesting that that sentence be 
deleted because we no longer file small claims petitions and because the 
Attorney General's Office has told us we cannot arbitrarily set a date that 
takes away a person's right to appeal a fine.  Therefore, they are no 
unforeseen compliance costs of amending the text of this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I see no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35964.htm



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 35993 (Amendment): R986-900-902. Options and Waivers.
SUMMARY OF THE RULE OR CHANGE:  This proposed amendment is to list the 
exemptions chosen by Utah for food stamp customers' need to participate in 
Employment and Training and to disallow voluntary participation and the work 
reimbursement.  The program has not been effective in returning people to 
work and is expensive to administer.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This applies to federally-funded programs so there are 
no costs or savings to the state budget.
- LOCAL GOVERNMENTS:  This is a federally-funded program so there are no 
costs or savings to local government.
- SMALL BUSINESSES:  There will be no costs to small businesses to comply 
with these changes because this is a federally-funded program.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no costs to persons other than small businesses, 
businesses, or local governmental entities to comply with these changes 
because this is a federally-funded program.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be no costs to persons to 
comply with these changes because there are no costs or fees associated with 
these proposed changes.  Eligible food stamp recipients will no longer 
receive $50 for work reimbursements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no compliance costs associated with these changes for 
any affected persons because this is a federally-funded program and there are 
no fees or costs associated with these proposed changes.  There are no 
compliance costs associated with this change.  There are no fees associated 
with this change.  There will be no cost to anyone to comply with these 
changes.  There will be no fiscal impact on any business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by 
Internet E-mail at spixton@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  05/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35993.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
CONSUMER PROTECTION
No. 35974 (5-year Review): R152-6. Utah Administrative Procedures Act 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 administrative rule is necessary in order for the Division to continue 
conducting informal adjudicative proceedings.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Hendricks by phone at 801-530-6035, by FAX at 801-538-6001, or by 
Internet E-mail at ahendricks@utah.gov
EFFECTIVE:  03/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35974.htm

No. 35965 (5-year Review): R152-15. Business Opportunity Disclosure Act 
Rules.
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 the administrative rule is necessary for the Division to 
administer and enforce the Business Opportunity Disclosure Act and 
establishing the fee structure required by Section 13-15-4.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Hendricks by phone at 801-530-6035, by FAX at 801-538-6001, or by 
Internet E-mail at ahendricks@utah.gov
EFFECTIVE:  03/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35965.htm

No. 35967 (5-year Review): R152-20. New Motor Vehicle Warranties.
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 the rule is necessary in order for the Division to fulfill 
its statutory mandate to administer and enforce the New Motor Vehicles 
Warranties Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Hendricks by phone at 801-530-6035, by FAX at 801-538-6001, or by 
Internet E-mail at ahendricks@utah.gov
EFFECTIVE:  03/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35967.htm

No. 35970 (5-year Review): R152-22. Charitable Solicitations Act.
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 the rule is necessary for the Division to fulfill its 
statutory mandate to administer and enforce the Charitable Solicitations Act.  
The administrative rule is essential to effective implementation of the 
registration requirements of the Charitable Solicitations Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Hendricks by phone at 801-530-6035, by FAX at 801-538-6001, or by 
Internet E-mail at ahendricks@utah.gov
EFFECTIVE:  03/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35970.htm

No. 35971 (5-year Review): R152-23. Utah Health Spa Services.
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 the administrative rule is necessary for the Division to 
administer and enforce the Utah Health Spa Services Act.  The administrative 
rule is required in order for the Division to implement the registration 
requirement of the Utah Health Spa Services Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Hendricks by phone at 801-530-6035, by FAX at 801-538-6001, or by 
Internet E-mail at ahendricks@utah.gov
EFFECTIVE:  03/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35971.htm

No. 35972 (5-year Review): R152-42. Uniform Debt-Management Services Act 
Rules.
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 the administrative rule is necessary for the Division to 
administer and enforce the Uniform Debt-Management Services Act.  The 
administrative rule is required in order for the Division to recognize the 
registration of debt-management providers registered in reciprocal states.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Hendricks by phone at 801-530-6035, by FAX at 801-538-6001, or by 
Internet E-mail at ahendricks@utah.gov
EFFECTIVE:  03/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35972.htm



ENVIRONMENTAL QUALITY
SOLID AND HAZARDOUS WASTE
No. 35988 (5-year Review): R315-304. Industrial Solid Waste Landfill 
Requirements.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule is necessary to implement the requirements of the statute to review 
plans for facilities that dispose of nonhazardous solid waste.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet 
E-mail at rbohn@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
EFFECTIVE:  03/29/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35988.htm



GOVERNOR
ECONOMIC DEVELOPMENT, PETE SUAZO UTAH ATHLETIC COMMISSION
No. 36002 (5-year Review): R359-1. Pete Suazo Utah Athletic Commission 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 is in place to provide additional guidance to licensed promoters, 
unarmed combat contestants and other licensees.  The rule is in place to help 
protect the health, safety and welfare of licencees and public and promote 
the integrity of unarmed combat sports.  The rule complies with the 
requirements of Pub. L. 106-210, the "Muhammad Ali Boxing Reform Act" which 
requires state athletic commissions to govern professional boxing within 
their jurisdictions.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bill Colbert by phone at 801-538-8876, by FAX at 801-538-8888, or by 
Internet E-mail at bcolbert@utah.gov
EFFECTIVE:  03/30/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36002.htm



HEALTH
DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES
No. 36017 (5-year Review): R392-502. Hotel, Motel and Resort Sanitation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
With hotel/motel occupancy rates increasing and more public lodging being 
built every year, the need for regulation of these facilities continues to be 
important.  Many stories in the national television news and news magazines 
have highlighted the problems with cleaning of hotel rooms and infestations 
of bed bugs.  Travelers have become more aware of the potential for problems 
and thus are scrutinizing the rooms they are staying in more than ever.  
Regulations that require a minimum level of sanitation at Utah lodging are 
very important to the health of the traveling public.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36017.htm

No. 36019 (5-year Review): R392-510. Utah Indoor Clean Air Act.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule establishes requirements and standards for the implementation of the 
Utah Indoor Clean Air Act.  Secondhand smoke has been implicated in premature 
death and disease in children and adults who do not smoke.  This rule is 
important because it protects the public from being exposed to the health 
effects of second hand smoke in places of public access.  Children exposed to 
second hand smoke are at an increased risk for sudden infant death syndrome, 
acute respiratory infections, ear problems and more severe cases of asthma.  
Adults exposed to second hand smoke experience have immediate adverse effects 
on their cardiovascular systems.  Second hand smoke has also been linked to 
coronary heart disease and lung cancer.  Scientific evidence indicates that 
there is no risk-free level of exposure to second hand smoke.  Continuation 
of this rule is important to protect public health in Utah.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36019.htm


FAMILY HEALTH AND PREPAREDNESS, LICENSING
No. 35976 (5-year Review): R432-31. Life with Dignity Order.
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 required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35976.htm

No. 35977 (5-year Review): R432-40. Long-Term Care Facility Immunizations.
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 required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act. The Department agrees with the need to 
continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35977.htm

No. 35978 (5-year Review): R432-150. Nursing Care Facility.
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 required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35978.htm

No. 35979 (5-year Review): R432-151. Mental Disease Facility.
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 required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act. The Department agrees with the need to 
continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35979.htm

No. 35980 (5-year Review): R432-152. Mental Retardation Facility.
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 required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35980.htm

No. 35981 (5-year Review): R432-200. Small Health Care Facility (Four to 
Sixteen Beds).
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 required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35981.htm

No. 35982 (5-year Review): R432-201. Mental Retardation Facility:  Supplement 
"A" to the Small Health Care Facility 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 continues to be required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35982.htm

No. 35983 (5-year Review): R432-300. Small Health Care Facility - Type N.
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 required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35983.htm

No. 35984 (5-year Review): R432-650. End Stage Renal Disease Facility 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 continues to be required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35984.htm

No. 35985 (5-year Review): R432-700. Home Health Agency 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 continues to be required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35985.htm

No. 35986 (5-year Review): R432-750. Hospice 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 continues to be required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35986.htm

No. 35987 (5-year Review): R432-950. Mammography Quality Assurance.
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 required by Title 26, Chapter 21, of the Health 
Facility Licensure and Inspection Act.  The Department agrees with the need 
to continue the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
EFFECTIVE:  03/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35987.htm



NATURAL RESOURCES
FORESTRY, FIRE AND STATE LANDS
No. 36005 (5-year Review): R652-1. Definition of Terms.
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 defines terms which are found in the Division rules.  The rule 
provides clear and concise understanding for terms found throughout all the 
Division rules.  It is necessary for terms to be defined for a clear 
understanding.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36005.htm

No. 36006 (5-year Review): R652-3. Applicant Qualification and Application 
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 complies with statute by clarifying applicant qualifications for 
lease or permit with the division, clarifies the application designated form 
process and the application processing.  The provisions in this rule are 
effective in providing requirements, procedures and standards the Division 
requires for the application process for the management of state lands.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36006.htm

No. 36007 (5-year Review): R652-4. Application Fees and Assessments.
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 authorizes the Division to establish a fee schedule and establishes 
that a copy of the fee schedule is available at the Division.  A fee schedule 
is necessary for the Division to outline the fees required for process.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36007.htm

No. 36008 (5-year Review): R652-5. Payments, Royalties, Audits and 
Reinstatements.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule provides clarification with regard to payments, royalties, or other 
financial obligation owed under the terms of a lease, permit or any other 
agreement.  This rule clarifies financial responsibility on contracts and 
payment due date procedure.  This rule also defines the procedure for 
cancellation for non-payment. This rule defines procedures for audit and also 
for reinstatement of a lease or permit.  The provisions in this rule are 
effective in providing the requirements, procedures and standards the 
Division must adhere to with regard to payment, royalties, audits and 
reinstatements.  Therefore, this rule should continue.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36008.htm

No. 36018 (5-year Review): R652-6. Government Records Access and Management.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule provides procedure for appropriate access to division records.  The 
provisions in this rule are effective in providing the requirements, 
procedures, and standards for records access.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36018.htm

No. 36009 (5-year Review): R652-20. Mineral Resources.
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 procedure for issuance of a mineral lease along 
with the royalty rates on the substances.  This rule provides for lease 
provisions, mineral development areas designation, bonding, mineral lease 
sites within the State of Utah and other administrative procedures with 
regard to mineral leasing.  The provisions in this rule are effective in 
providing the requirements, procedures, and standards for the management of 
state owned lands and mineral resources.  Therefore, this rule should 
continue.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36009.htm

No. 36010 (5-year Review): R652-30. Special Use Leases.
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 and clarifies the standards and conditions for the 
development and leasing of surface resources on state lands.  This rule 
specifies lease rates, term, and application procedure.  This rule also 
provides lease provisions and administrative processes and procedure for 
surface leases.  Therefore, this rule should continue.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36010.htm

No. 36011 (5-year Review): R652-40. Easements.
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 procedure for the issuance of easements on sovereign 
lands.  This rule clarifies the application, required documentation, minimum 
charge, terms of the easement and the administrative procedure and process.  
The provisions in this rule are effective in providing the requirements, 
procedures, and standards for managing easements on sovereign lands.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36011.htm

No. 36012 (5-year Review): R652-50. Range Management.
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 conditions for grazing rights upon 
sovereign lands.  This rule establishes and clarifies the procedure for a 
grazing permit, the fees associated with the permit and the terms and 
conditions for grazing upon sovereign lands.  The provisions in this rule are 
effective in providing the requirements, procedures, and standards for range 
management on sovereign lands.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36012.htm

No. 36013 (5-year Review): R652-60. Cultural Resources.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule outlines the manner by which the division shall, pursuant to 
Section 9-8-404, take into account the effect of sovereign land uses on any 
district, site, building, structure or specimen that is included in or 
eligible for inclusion in the State Register or National Register of Historic 
Places, and allows the State Historic Preservation Officer a reasonable 
opportunity to comment with regard to the undertaking.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36013.htm

No. 36014 (5-year Review): R652-70. Sovereign Lands.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule provides for the management and classification of the surface of 
sovereign lands in Utah, which include but are not limited to, the beds of 
Bear Lake, the Great Salt Lake, Utah Lake, the Jordan River, and the summer 
channel of the Bear River, and portions of the beds of the Green and Colorado 
Rivers.  Should any other lakes or streams be declared navigable by the 
courts, the beds of such lakes or streams would fall under the authority of 
these rules.  It also provides for the issuance of special use leases, 
general permits and easements on sovereign lands and the procedures and fees 
necessary to obtain these rights of use.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36014.htm

No. 36015 (5-year Review): R652-90. Sovereign Land Management Planning.
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 forth the planning procedures for natural and cultural 
resources on sovereign land as required by law.  These procedures establish 
comprehensive land-management policies using multiple-use, sustained-yield 
principles in order to make the interest of the beneficiary paramount.  This 
rule establishes that management plans shall guide the implementation of 
stated management objectives, and provide direction for land-use decisions 
and activities on sovereign lands.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36015.htm

No. 36016 (5-year Review): R652-100. Materials Permits.
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 clarifies Division objectives, standards and conditions for the 
issuance of materials permits and for conveyances for common varieties of 
sand, gravel, cinders, and similar materials on sovereign lands.  This rule 
establishes the administrative process for material permits along with the 
permit provisions, requirements, and responsibilities.  Therefore, this rule 
should continue.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by 
Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36016.htm


WILDLIFE RESOURCES
No. 36003 (5-year Review): R657-27. License Agent Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R657-27 provides the application procedures, standards, and requirements 
for wildlife license agents.  The Division of Wildlife Resources (DWR) 
oversees more than 300 license agents; this rule is required to keep 
consistency among the agents and to ensure they are following Wildlife 
guidelines with the issuance of hunting licenses and permits.  Continuation 
of this rule is necessary for continued success of this program.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36003.htm

No. 36004 (5-year Review): R657-50. Error Remedy.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R657-50 provides the Division of Wildlife Resources (DWR) a guideline 
for identifying and correcting errors that are made throughout the division 
programs.  This rule provides standards and criteria for resolving errors.  
Continuation of this rule is necessary for continued success of the division.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36004.htm



TRANSPORTATION
PROGRAM DEVELOPMENT
No. 35959 (5-year Review): R926-4. Establishing and Defining a Functional 
Classification of Highways in the State of Utah.
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 in order to keep in place the procedure and 
criteria by which highways are functionally classified.
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
EFFECTIVE:  03/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35959.htm




4.  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).

FINANCIAL INSTITUTIONS
ADMINISTRATION
No. 36021 (Five-Year Extension): R331-22. Rule Governing Reimbursement of 
Costs of Financial Institutions for Production of Records.
EXTENSION REASON:  Due to a clerical error at Administrative Rules, Financial 
Institutions was not notified in a timely manner of the due date for the 
five-year review on this rule.  Financial Institutions has requested an 
extension.  The new due date is 08/14/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  04/02/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/36021.htm



TECHNOLOGY SERVICES
ADMINISTRATION
No. 35989 (Five-Year Extension): R895-3. Computer Software Licensing, 
Copyright, Control, Retention, and Transfer.
EXTENSION REASON:  The agency is in the process of determining an updated 
policy to ensure compliance with computer software licensing agreements and 
applicable federal laws.  The new deadline date is 09/26/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Stephanie Weiss by phone at 801-538-3284, by FAX at 801-538-3622, or by 
Internet E-mail at stweiss@utah.gov
EFFECTIVE:  03/29/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120415/35989.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. 


ADMINISTRATIVE SERVICES
FLEET OPERATIONS
No. 35727  (NEW): R27-9.  Dispensing Compressed Natural Gas to the Public
Published:  02/15/2012
Effective:  03/26/2012


PURCHASING AND GENERAL SERVICES
No. 35664  (AMD): R33-1.  Utah State Procurement Rules Definitions
Published:  02/01/2012
Effective:  03/30/2012

No. 35613  (AMD): R33-3.  Source Selection and Contract Formation
Published:  01/15/2012
Effective:  03/30/2012

No. 35667  (AMD): R33-3-7.  Types of Contracts
Published:  02/01/2012
Effective:  03/30/2012

No. 35665  (AMD): R33-4.  Specifications
Published:  02/01/2012
Effective:  03/30/2012

No. 35666  (AMD): R33-6-101.  Revisions to Contract Clauses
Published:  02/01/2012
Effective:  03/30/2012



COMMUNITY AND CULTURE
HOME ENERGY ASSISTANCE TARGET (HEAT)
No. 35403  (AMD): R195-1.  Energy Assistance:  General Provisions
Published:  12/01/2011
Effective:  03/26/2012

No. 35405  (AMD): R195-3-3.  Unearned Income
Published:  12/01/2011
Effective:  03/26/2012

No. 35406  (AMD): R195-5.  Energy Assistance:  Program Benefits
Published:  12/01/2011
Effective:  03/26/2012

No. 35407  (AMD): R195-6.  Energy Assistance:  Eligibility Determination
Published:  12/01/2011
Effective:  03/26/2012

No. 35408  (AMD): R195-7.  Energy Assistance:  Records and Benefit Management
Published:  12/01/2011
Effective:  03/26/2012

No. 35409  (AMD): R195-8.  Energy Assistance:  Special State Programs
Published:  12/01/2011
Effective:  03/26/2012



ENVIRONMENTAL QUALITY
WATER QUALITY
No. 35359  (AMD): R317-2.  Standards of Quality for Waters of the State
Published:  11/01/2011
Effective:  04/01/2012

No. 35359  (CPR): R317-2.  Standards of Quality for Waters of the State
Published:  02/15/2012
Effective:  04/01/2012



HEALTH
CHILDREN'S HEALTH INSURANCE PROGRAM
No. 35788  (AMD): R382-10.  Eligibility
Published:  02/15/2012
Effective:  04/01/2012


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35789  (AMD): R414-303.  Coverage Groups
Published:  02/15/2012
Effective:  04/01/2012

No. 35790  (AMD): R414-308.  Application, Eligibility Determinations and 
Improper Medical Assistance
Published:  02/15/2012
Effective:  04/01/2012


FAMILY HEALTH AND PREPAREDNESS, LICENSING
No. 35652  (AMD): R432-650.  End Stage Renal Disease Facility Rules
Published:  02/01/2012
Effective:  03/28/2012



HUMAN SERVICES
RECOVERY SERVICES
No. 35728  (AMD): R527-34.  Non IV-A Services
Published:  02/15/2012
Effective:  03/27/2012

No. 35729  (AMD): R527-35.  Non IV-A Fee Schedule
Published:  02/15/2012
Effective:  03/27/2012

No. 35619  (AMD): R527-201.  Medical Support Services
Published:  02/01/2012
Effective:  03/27/2012



INSURANCE
ADMINISTRATION
No. 35699  (AMD): R590-230.  Suitability in Annuity Transactions
Published:  02/15/2012
Effective:  03/26/2012



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 35734  (AMD): R657-20.  Falconry
Published:  02/15/2012
Effective:  04/02/2012

No. 35733  (AMD): R657-33.  Taking Bear
Published:  02/15/2012
Effective:  04/02/2012



PARDONS (BOARD OF)
ADMINISTRATION
No. 35551  (AMD): R671-305.  Notification of Board Decision
Published:  01/15/2012
Effective:  03/26/2012




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 .


<<end of file>>
