Utah State Digest, Vol. 2012, No. 10 (May 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 April 17, 2012, 12:00 AM through May 1, 2012, 11:59 PM


Volume 2012, No. 10
May 15, 2012


Prepared by
Division of Administrative Rules
Department of Administrative Services


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




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

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



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

KFU38.U8
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1.  SPECIAL NOTICES

Notice for June 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/2012/20120515/sn152520.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 April 17, 2012, 12:00 a.m., and May 1, 2012, 
11:59 p.m. are summarized in this, the May 15, 2012, issue of the Utah State 
Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the May 15, 2012, issue of the Utah State Bulletin until at 
least June 14, 2012 (the Bulletin is the parent publication of the Digest).  
The agency may accept comment beyond this date and will indicate the last day 
the agency will accept comment in the rule information published below.  The 
agency may also hold public hearings.  Additionally, citizens or 
organizations may request the agency hold a hearing on a specific Proposed 
Rule.  Section 63G-3-302 requires that a hearing request be received by the 
agency proposing the rule "in writing not more than 15 days after the 
publication date of the proposed rule."

From the end of the public comment period through September 12, 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
FINANCE
No. 36112 (Amendment): R25-7. Travel-Related Reimbursements for State 
Employees.
SUMMARY OF THE RULE OR CHANGE:  The rule increases the reimbursement rate for 
mileage, lodging, and food.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will potentially be an increased cost to the state 
as most reimbursements are increasing.  However the Division cannot determine 
exactly what the increase will be as that depends on the amount of travel by 
individuals eligible for reimbursement.
- LOCAL GOVERNMENTS:  There will be no costs to local governments because the 
rule only governs reimbursements by the state to individuals traveling on 
state business.
- SMALL BUSINESSES:  Small business may see an increase in revenue.  However 
the Division cannot determine exactly what the increase will be as that 
depends on the amount of travel by individuals eligible for reimbursement.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Individuals eligible for reimbursement will see an increase in 
their reimbursement amounts.  However the Division cannot determine exactly 
what the increase will be as that depends on the amount of travel by 
individuals eligible for reimbursement.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because the amendment only changes 
reimbursement rates and does not require any new action on the part of 
persons applying for reimbursements, there are no compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed these changes with the Division of Finance 
Director and believe these changes are reasonable and warranted.  Small 
business may see an increase in revenue.  However, the Division cannot 
determine exactly what the increase will be as that depends on the amount of 
travel by individuals eligible for reimbursement.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by 
Internet E-mail at rbeckstead@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36112.htm



ALCOHOLIC BEVERAGE CONTROL
ADMINISTRATION
No. 36113 (Amendment): R81-4F-7. Sale and Purchase of Alcoholic Beverages.
SUMMARY OF THE RULE OR CHANGE:  This proposed amendment to the Reception 
Center License agency under Section R81-4F-7, amends the rule to conform to 
the requirement that the Reception Center Licensee submit an annual report 
demonstrating that their receipts from the sale of an alcohol product do not 
exceed 30% of its total annual receipts.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the Department of 
Alcoholic Beverage Control (DABC) rules consistent with the new statute.
- LOCAL GOVERNMENTS:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- SMALL BUSINESSES:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--Any cost or savings result directly from S.B. 66 (2012), not 
from this rule filing which simply makes the DABC rules consistent with the 
new statute.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--Any cost results directly from 
S.B. 66 (2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Any cost or savings result directly from S.B. 66 (2012), not 
from this rule filing which simply makes the DABC rules consistent with the 
new statute.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
- Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by 
Internet E-mail at vickieashby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36113.htm

No. 36115 (Amendment): R81-4F-13. Agreement for Alcoholic Beverage Service.
SUMMARY OF THE RULE OR CHANGE:  This proposed rule Reception Center License 
agency Section R81-4F-13 defines "third party host" for the purposes of 
Section 32B-6-805 "Specific operational requirements for a reception center 
license" as required by S.B. 66.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the Department of 
Alcoholic Beverage Control (DABC) rules consistent with the new statute.
- LOCAL GOVERNMENTS:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- SMALL BUSINESSES:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--Any cost or savings result directly from S.B. 66 (2012), not 
from this rule filing which simply makes the DABC rules consistent with the 
new statute.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--Any cost results directly from 
S.B. 66 (2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Any cost or savings result directly from S.B. 66 (2012), not 
from this rule filing which simply makes the DABC rules consistent with the 
new statute.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
- Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by 
Internet E-mail at vickieashby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36115.htm

No. 36114 (Amendment): R81-7. Single Event Permits.
SUMMARY OF THE RULE OR CHANGE:  This proposed amendment to the Single Event 
Permits agency Rule R81-7, amends the rule to provide for approval of single 
event permits by the Department of Alcoholic Beverage Control (DABC) 
executive director and provides that notifications, requests for meetings, 
and requirements to inform be submitted electronically.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- LOCAL GOVERNMENTS:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- SMALL BUSINESSES:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--Any cost or savings result directly from S.B. 66 (2012), not 
from this rule filing which simply makes the DABC rules consistent with the 
new statute.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--Any cost results directly from 
S.B. 66 (2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Any cost or savings result directly from S.B. 66 (2012), not 
from this rule filing which simply makes the DABC rules consistent with the 
new statute.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
- Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by 
Internet E-mail at vickieashby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36114.htm

No. 36116 (Amendment): R81-10B. Temporary Special Event Beer Permits.
SUMMARY OF THE RULE OR CHANGE:  This proposed amendment to the temporary beer 
event permits agency Section R81-10B-1 amends the rule to provide for 
approval of temporary beer event permits by the Department of Alcoholic 
Beverage Control (DABC) executive director and provide that notifications, 
requests for meetings and requirements to inform be submitted electronically.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- LOCAL GOVERNMENTS:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- SMALL BUSINESSES:  None--Any cost or savings result directly from S.B. 66 
(2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--Any cost or savings result directly from S.B. 66 (2012), not 
from this rule filing which simply makes the DABC rules consistent with the 
new statute.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--Any cost results directly from 
S.B. 66 (2012), not from this rule filing which simply makes the DABC rules 
consistent with the new statute.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Any cost or savings result directly from S.B. 66 (2012), not 
from this rule filing which simply makes the DABC rules consistent with the 
new statute.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by 
Internet E-mail at nmcdermott@utah.gov
- Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by 
Internet E-mail at vickieashby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36116.htm



COMMERCE
ADMINISTRATION
No. 36104 (Amendment): R151-4-306. Motion to Recuse or Disqualify a Board or 
Commission Member.
SUMMARY OF THE RULE OR CHANGE:  This rule filing provides a procedure for a 
party in an adjudicative proceeding to file a motion to disqualify a board or 
commission member from the proceeding, and the procedure for resolving such a 
motion.  The vehicle franchise boards are exempted from this rule because the 
New Automobile Franchise Act and the Powersport Vehicle Franchise Act have a 
specific provision regarding board member conflicts.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No costs to the state budget are anticipated in this 
filing which provides a procedure to challenge the participation of a board 
or commission member in an adjudicative proceeding.
- LOCAL GOVERNMENTS:  Local governments are generally not affected by 
adjudicative proceedings in this agency.  Even if they were, this rule filing 
simply provides a procedure for challenges to board or commission member 
participation in proceedings and should result in no costs.
- SMALL BUSINESSES:  In the event that small businesses are involved in any 
adjudicative proceeding, this filing provides a procedure for challenges to 
board or commission member participation in proceedings and should result in 
no costs.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule filing provides a procedure for challenges to board or 
commission member participation in proceedings and should result in no costs 
to persons other than small businesses, businesses, or local government 
entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule filing provides a procedure 
for challenges to board or commission member participation in proceedings and 
should result in no costs to affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No fiscal impact to businesses is anticipated from this filing 
which provides a procedure for challenges to board or commission member 
participation in proceedings.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Masuda Medcalf by phone at 801-530-7663, by FAX at 801-530-6446, or by 
Internet E-mail at mmedcalf@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36104.htm


OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36117 (Amendment): R156-9. Funeral Service Licensing Act Rule.
SUMMARY OF THE RULE OR CHANGE:  In Subsections R156-9-102(2) and (4), 
statutory citations are updated.   In Section R156-9-302a, proposed 
amendments delete the 30-day waiting period before an applicant is able to 
retake a failed examination and also further define the number of times an 
examination can be retaken by an applicant.  Subsection R156-9-617(1) is 
deleted since no second paragraph exists in this section.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division will incur minimal costs of approximately 
$75 to print and distribute the rule once the proposed amendments are made 
effective.  Any costs incurred will be absorbed in the Division's current 
budget.
- LOCAL GOVERNMENTS:  The proposed amendments only apply to licensed funeral 
service classifications and applicants for licensure in those 
classifications.  As a result, the proposed amendments do not apply to local 
governments.
- SMALL BUSINESSES:  The proposed amendment simplifying examination 
requirements only applies to applicants for licensure as a funeral service 
director or as a preneed sales agent.  Those applicants for licensure may 
work in a small business; however, the proposed amendments would not directly 
affect the business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendment simplifying examination requirements for 
funeral service director and preneed sales agent applicants may slightly 
affect some applicants; however, any exact costs or savings cannot be 
determined.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendment simplifying 
examination requirements for funeral service director and preneed sales agent 
applicants may slightly affect some applicants; however, any exact costs or 
savings cannot be determined.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing simplifies testing requirements for applicants 
and could result in some cost savings to applicants.  No fiscal impact to 
businesses is anticipated.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Clyde Ormond by phone at 801-530-6254, by FAX at 801-530-6511, or by 
Internet E-mail at cormond@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/31/2012 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, 
Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36117.htm

No. 36090 (Amendment): R156-22. Professional Engineers and Professional Land 
Surveyors Licensing Act Rule.
SUMMARY OF THE RULE OR CHANGE:  Subsection R156-22-302b(2)(d) is added to 
clarify the education requirement for applicants for the land surveyor 
license with foreign education.  The clarified language mirrors the existing 
requirement for professional and structural engineers.  In Subsection R156-
22-302d(1), the current requirements to waive the FE examination include:  1) 
an undergraduate degree from an Engineering Accreditation 
Commission/Accreditation Board for Engineering and Technology (EAC/ABET) 
accredited program; and 2) a PhD or doctorate degree in engineering from an 
EAC/ABET accredited program.  The Professional Engineer and Land Surveyor 
Licensing Board believes that it is not reasonable to require an 
undergraduate degree from an EAC/ABET accredited program if an applicant is 
able to verify that they completed a PhD or doctorate degree in engineering 
from a program that is accredited by EAC/ABET at the bachelor's level.  For 
this reason, the rule filing removes completion of an undergraduate degree 
from an EAC/ABET accredited program as a requirement to waive the FE exam 
requirement.  The rule filing also amends the criteria for waiving of the FE 
exam requirement for applicants who completed a PhD or doctorate degree from 
a foreign institution if the engineering curriculum is determined by the 
NCEES Credentials Evaluations to fulfill the required curricular content of 
the NCEES Engineering Education Standard.  In Subsection R156-22-302d(2), the 
rule currently requires that applicants for the structural engineer license 
demonstrate passing the National Council of Examiners in Engineering and 
Surveying Structural Engineering Examination (NCEES SE exam).  This 
requirement is an obstacle to licensure for some structural engineers already 
licensed in other states who are seeking licensure in Utah because the NCEES 
SE exam was not administered in some states until 2003.  For example, prior 
to 2003, California used the 16-hour Western States SE exam.  For this 
reason, the Board and Division propose that passing an equivalent 16-hour 
state written exam be added as a method of fulfilling the structural engineer 
exam requirement.  The Board and Division also propose that passing the NCEES 
Structural II exam and an equivalent 8-hour written exam be added as a method 
of fulfilling the exam requirement.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division will incur minimal costs of approximately 
$100 to print and distribute the rule once the proposed amendments are made 
effective.  Any costs incurred will be absorbed in the Division's current 
budget.
- LOCAL GOVERNMENTS:  The proposed amendments only impact professional 
engineers, professional structural engineers, professional land surveyors and 
applicants for licensure in those classifications.  As a result, the proposed 
amendments do not apply to local governments.
- SMALL BUSINESSES:  The proposed amendments only impact professional 
engineers, professional structural engineers, professional land surveyors and 
applicants for these licenses.  The proposed amendments will create a quicker 
and cheaper path to licensure for some applicants.  For example, current 
applicants for license by endorsement as a professional structural engineer 
must demonstrate passing the NCEES SE examination.  If applicants for 
licensure by endorsement qualified for a structural engineer license in 
California prior to 2003, they would have never taken and passed the NCEES SE 
exam.  Despite having practiced in California for several years, they would 
be required to take and pass the NCEES SE exam to qualify for a license in 
Utah.  Under this proposed rule amendment, applicants will have a cheaper and 
quicker path to licensure because their passing of an equivalent examination 
in California will cause them to avoid having to wait to take and pass the 
NCEES SE exam.  In these cases, some businesses may experience a financial 
benefit; however; the Division is unable the estimate the extent of the cost 
savings.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only impact professional engineers, 
professional structural engineers, professional land surveyors, and 
applicants for these licenses.  The proposed amendments will create a quicker 
and cheaper path to licensure for some applicants.  For example, some 
applicants for license by endorsement from California who passed the 16-hour 
Western States SE exam will no longer be required to pass the NCEES SE exam.  
As a result, this group of applicants will not be required to pay the $510 
NCEES SE exam application fee.  In addition, they will no longer have to 
cover the cost of preparing for the exam.  In these cases, applicants will 
experience a financial benefit; however; the Division is unable to estimate 
how many applicants will be impacted by the changes.  Some applicants who do 
not qualify for waiver of the FE exam under the current rule will qualify for 
an FE exam waiver under the proposed rule. This group of applicants will no 
longer be required to pay the $125 NCEES FE exam fee.  In addition, they will 
no longer have to cover the cost of preparing for the exam.  In these cases, 
applicants will experience a financial benefit; however; the Division is 
unable to estimate how many applicants will be impacted by the changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only impact 
professional engineers, professional structural engineers, professional land 
surveyors, and applicants for these licenses.  The proposed amendments will 
create a quicker and cheaper path to licensure for some applicants.  For 
example, some applicants for license by endorsement from California who 
passed the 16-hour Western States SE exam will no longer be required to pass 
the NCEES SE exam.  As a result, this group of applicants will not be 
required to pay the $510 NCEES SE exam application fee.  In addition, they 
will no longer have to cover the cost of preparing for the exam.  In these 
cases, applicants will experience a financial benefit; however; the Division 
is unable to estimate how many applicants will be impacted by the changes.  
Some applicants who do not qualify for waiver of the FE exam under the 
current rule will qualify for an FE exam waiver under the proposed rule.  
This group of applicants will no longer be required to pay the $125 NCEES FE 
exam fee.  In addition, they will no longer have to cover the cost of 
preparing for the exam.  In these cases, applicants will experience a 
financial benefit; however; the Division is unable to estimate how many 
applicants will be impacted by the changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As indicated in the rule summary, this filing's amendment of 
certain education and examination requirements could make it easier and 
cheaper for some license applicants to obtain licensure in Utah.  That impact 
cannot be estimated.  No impact is anticipated from the remaining technical 
changes made in this filing.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rich Oborn by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet 
E-mail at roborn@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/16/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, 
Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36090.htm

No. 36089 (Amendment): R156-40a. Athletic Trainer Licensing Act Rule.
SUMMARY OF THE RULE OR CHANGE:  In Section R156-40a-102, the proposed 
amendment adds a definition section in order to define unprofessional conduct 
in the rule.  In Section R156-40a-104, the term "division" is capitalized.  
In Section R156-40a-502, the proposed amendment defines unprofessional 
conduct as violating any provision of the Board of Certification Standards of 
Professional Practice, dated 01/01/2006, and incorporates that document by 
reference.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division will incur minimal costs of approximately 
$100 to print and distribute the rule once the proposed amendments are made 
effective.  Any costs incurred will be absorbed in the Division's current 
budget.  Adding a definition of unprofessional conduct to the rule that 
incorporates the Board of Certification Standards of Professional Practice 
will clarify standards of conduct in cases of unprofessional conduct relating 
to licensed athletic trainers.  This may translate into a cost savings for 
the Division but it is impossible to estimate the extent of the cost savings.
- LOCAL GOVERNMENTS:  The proposed amendments only apply to licensed athletic 
trainers.  As a result, the proposed amendments do not apply to local 
governments.
- SMALL BUSINESSES:  The proposed amendments only apply to licensed athletic 
trainers.  Licensees  may work in a small business; however, the proposed 
amendments would not directly affect the business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only apply to licensed athletic trainers.  
Adding a definition of unprofessional conduct to the rule that incorporates 
the Board of Certification Standards of Professional Practice is not expected 
to have any cost or savings impact on individual licensees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only apply to 
licensed athletic trainers.  Adding a definition of unprofessional conduct to 
the rule that incorporates the Board of Certification Standards of 
Professional Practice is not expected to have any cost or savings impact on 
individual licensees.  It should be noted that the standards being 
incorporated can be found on the Internet.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing clarifies the unprofessional conduct definition 
to include violation of any standards of practice in the profession.  No 
fiscal impact to businesses is anticipated from such clarification.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/20/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Rich Oborn by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet 
E-mail at roborn@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 06/20/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, 
Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/27/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36089.htm



ENVIRONMENTAL QUALITY
WATER QUALITY
No. 36135 (Amendment): R317-11. Certification Required to Design, Inspect and 
Maintain Underground Wastewater Disposal Systems, or Conduct Percolation and 
Soil Tests for Underground Wastewater Disposal Systems.
SUMMARY OF THE RULE OR CHANGE:  The following changes are made:  1) change 
the title of the Rule to "Certification Required to Design, Inspect and 
Maintain Underground Wastewater Disposal Systems, or Conduct Soil Evaluations 
or Percolation Tests for Underground Wastewater Disposal Systems"; 2) 
addition of language describing authority and purpose of the rule; 3) 
addition of definition for "onsite professional;" 4) change the description 
for the higher levels of certification; 5) the higher levels will still 
require initial certification at all lower levels, but will then include the 
qualifications and certifications of the lower levels so that one certificate 
for the highest level achieved may be tracked and there is only one 
expiration date; 6) change the length of term required for renewals from 
"five years" for Levels 1 and 2 and "two years" for Level 3 to "three years" 
for all levels; 7) change "percolation and soil tests" to "soil evaluations 
or percolation tests;" 8) change citations for "licensed contractor" to 
reference language used in legislation; 9) certificates are "renewed" if they 
are still valid, but a "reinstatement" option has been added to allow six 
months to reinstate expired certificates; 10) added the option of exceptions 
to be considered by the Executive Secretary; and 11) several grammatical and 
typographic corrections and changes to accommodate the new sections.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No cost or savings to the state budget is anticipated in 
this amendment.  The changes to this rule affect the requirements and options 
available to individuals who have these certifications.  The proposed changes 
would increase the number of applications that state staff would need to 
process for the lower levels of certification, but would decrease the number 
of applications for the higher levels which would net no change in cost.
- LOCAL GOVERNMENTS:  There is no extra cost to local government due to this 
amendment.  The changes to this rule affect the individuals and their 
personal certifications, not the government.  The costs for maintaining those 
certifications may be paid by the employer or the employee, but the current 
practice is to waive the certification fee for government employees.
- SMALL BUSINESSES:  Small businesses which employ individuals certified as 
"Onsite Professionals" will be affected.  This change increases the frequency 
of training required for the lower levels of certification, but the higher 
levels will not see an increase in overall cost to maintain the 
certifications.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No cost to anyone not certified as an "Onsite Professional".
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Average compliance costs will 
increase about $140 per year per person certified at lower levels.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Local Health Departments (CLEHA and Health Officers) have 
requested increasing the frequency for training for the Onsite Certification 
program.  Average compliance costs will increase annually $140 to $280 per 
business (typically they employ 1 or 2 certified individuals).
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by 
Internet E-mail at jetherington@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36135.htm



GOVERNOR
CRIMINAL AND JUVENILE JUSTICE (STATE COMMISSION ON)
No. 36141 (Amendment): R356-1. Procedures for the Calculation and 
Distribution of Funds to Reimburse County Correctional Facilities Housing 
State Probationary Inmates or State Parole Inmates.
SUMMARY OF THE RULE OR CHANGE:  Pursuant to recent legislative changes, the 
amended rule specifies that jail reimbursements are made based on the average 
number of inmate days for the preceding five fiscal years.  The amended rule 
also adds additional data elements that will expedite the reimbursement 
process.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These amendments will have no cost or savings to the 
state budget.  The formula for distribution of funds will change to a five-
year average according to state statute.  However, the amendments will not 
change the amount of funds distributed.
- LOCAL GOVERNMENTS:  Because the distribution formula is changing to a five-
year average pursuant to state statute, the amounts distributed to each 
county will change.  Some counties will receive more and some counties will 
receive less than they would have received under the old formula.
- SMALL BUSINESSES:  These amendments will not result in costs or savings to 
small businesses.  Small businesses do not request funds under this rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: These amendments will not result in costs or savings to other 
persons because no other persons are directly affected by this rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Utah Department of Corrections 
and Counties requesting reimbursement will be required to provide additional 
data with their reimbursement request.  The amount of time necessary to 
obtain and provide this data will be minimal and will not result in 
quantifiable costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule impacts the Utah Department of Corrections and county 
governments.  It does not impact businesses and will have no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Gordon by phone at 801-538-1432, by FAX at 801-538-1024, or by 
Internet E-mail at rbgordon@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36141.htm

ECONOMIC DEVELOPMENT, PETE SUAZO UTAH ATHLETIC COMMISSION
No. 36130 (Amendment): R359-1-506. Drug Tests.
SUMMARY OF THE RULE OR CHANGE:  Updates rule to reference the 2012 version of 
the World Anti-Doping Agency (WADA) list, adds the procedure for commission 
to consider Therapeutic Use Exemptions (TUEs) for unarmed combat contestants, 
and makes administrative textual changes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The proposed change will not result in any aggregate 
anticipated cost or savings to the state budget.  The proposed changes can be 
accommodated within the existing commission staffing and budget.
- LOCAL GOVERNMENTS:  The proposed change will not result in any aggregate 
anticipated cost or savings to local governments.  Local governments do not 
regulate unarmed combat other than through issuance of business licenses and 
permits.  This proposed change provides additional guidance on drug testing 
policy and issuance of TUEs.
- SMALL BUSINESSES:  The proposed change will not result in any aggregate 
anticipated cost or savings to small businesses since they are not impacted 
by the commission's drug testing policy or issuance of TUEs.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Unarmed combat contestants are currently prohibited from using 
drugs, performance enhancing measures, and substances contained on the 2011 
WADA Prohibited List.  Currently, there is no provision for the issuance of 
therapeutic use exemptions (TUEs) for athletes who may require them for 
medical reasons.  The proposed amendment would establish a policy and 
procedure for obtaining a TUE for qualified applicants.  This process may be 
costly and may exceed $1,000, but will vary depending on whether or not they 
have personal insurance and the specific TUE they request.  However, 
currently there is no procedure in place for the commission to grant a TUE 
for an unarmed contestant and the use of substances listed on the WADA 
prohibited list would prevent them from legally participating in unarmed 
combat sports.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Unarmed combat contestants seeking a 
TUE would have to pay the full costs of any required medical tests, blood 
and/or urine compliance testing, and costs to prepare and review their 
respective TUE application.  This process may be costly and may exceed 
$1,000, but will vary depending on whether or not they have personal 
insurance and the specific TUE they request.  However, currently there is no 
procedure in place for the commission to grant a TUE for an unarmed 
contestant and the use of substances listed on the WADA prohibited list would 
prevent them from legally participating in unarmed combat sports.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Unarmed combat contestants are currently prohibited from using 
drugs, performance enhancing measures, and substances contained on the 2011 
WADA Prohibited List.  Currently, there is no provision for the issuance of 
therapeutic use exemptions (TUEs) for athletes who may require them for 
medical reasons.  The proposed amendment would establish a policy and 
procedure for obtaining a TUE for qualified applicants.  The proposed change 
may impact a few unarmed combat contestants, but will have no impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
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
THIS RULE MAY BECOME EFFECTIVE ON:  06/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36130.htm



HEALTH
FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS
No. 36109 (Amendment): R398-5. Birth Defects Reporting.
SUMMARY OF THE RULE OR CHANGE:  The changes add language to the rule that 
will allow for additional information to be sent to the UBDN to better 
monitor congenital heart defects; and add language which will allow the UBDN 
to address issues of quality of life for those identified with a birth 
defect.  A reference to criminal penalties for violating this rule is 
removed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  It is possible that increased focus on use of civil 
money penalties could have a positive impact on the state's budget, but any 
impact is expected to be minimal.
- LOCAL GOVERNMENTS:  This rule does not affect local governments because 
they do not report birth defects to the Department of Health.  Therefore, 
this change has no fiscal impact on them.
- SMALL BUSINESSES:  The Division is unaware of any small businesses that may 
be affected by this rule amendment, although in the unlikely event that there 
is a birthing center that qualifies as a small business the impact of these 
changes would only require that a few additional fields be added to the 
current monthly report that they would already be reporting.   Therefore, no 
fiscal impact is anticipated for these groups.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule amendment imposes no new costs on businesses, 
individuals, local governments, or persons that are not small businesses.  
These facilities already send monthly reports to the UBDN and this amendment 
would only require that a few additional fields be added to the current 
report.  Therefore, no fiscal impact is anticipated for these groups.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  It is possible that increased focus 
on use of civil money penalties could have a minimal impact on small and 
large business.  No significant change to current enforcement practices is 
predicted and compliance costs are not expected to change.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Regulated entities have been consulted on this rule change.  
This additional data will serve an important public health function and their 
support for the rule change is expected.  Fiscal impact is expected to be 
minimal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Amy Nance by phone at 801-883-4661, by FAX at 801-323-1578, or by Internet 
E-mail at aenance@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36109.htm

HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36102 (Amendment): R414-1-29. Provider-Preventable Conditions.
SUMMARY OF THE RULE OR CHANGE:  This amendment clarifies legal authority and 
reporting requirements for provider-preventable conditions.  It also 
specifies the federal statute that prohibits reimbursement for provider-
preventable conditions, and the sections of the Medicaid State Plan that 
implement that authority.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this amendment only clarifies legal authority and 
reporting requirements for provider-preventable conditions.  It does not 
impose new requirements on hospital and providers.
- LOCAL GOVERNMENTS:  The Department does not anticipate any impact to local 
governments because they do not fund or provide Medicaid services.
- SMALL BUSINESSES:  The Department does not anticipate any impact to small 
businesses because this amendment only clarifies legal authority and 
reporting requirements for provider-preventable conditions.  It does not 
impose new requirements on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any costs or savings to other 
persons because this amendment only clarifies legal authority and reporting 
requirements for provider-preventable conditions.  It does not impose new 
requirements on Medicaid providers and does not create out-of-pocket expenses 
for Medicaid recipients.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any compliance costs because this amendment only clarifies legal authority 
and reporting requirements for provider-preventable conditions.  It does not 
impose new requirements on a single Medicaid provider and does not create 
out-of-pocket expenses for a single Medicaid recipient.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  After extensive meetings with regulated providers and other 
interested parties, these amendments are proposed to meet federal 
requirements in a less burdensome manner.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36102.htm

No. 36107 (Amendment): R414-2A. Inpatient Hospital Services.
SUMMARY OF THE RULE OR CHANGE:  This amendment updates the 30-day hospital 
readmission policy to refer to Section R414-1-12.  It also clarifies the 
limitations of inpatient hospital services as they relate to medical 
necessity.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this amendment only clarifies and updates inpatient 
hospital limitations and admission policies.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they do 
not fund or provide inpatient hospital services to Medicaid recipients.
- SMALL BUSINESSES:  The Department does not anticipate any impact to small 
businesses because this amendment only clarifies and updates inpatient 
hospital limitations and admission policies.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any impact to Medicaid providers 
and to Medicaid recipients because this amendment only clarifies and updates 
inpatient hospital limitations and admission policies.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any impact to a single Medicaid provider or to a Medicaid recipient because 
this amendment only clarifies and updates inpatient hospital limitations and 
admission policies.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule change updates necessary references to support 
hospital policy and no fiscal impact is predicted.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36107.htm

No. 36106 (Amendment): R414-9-5. Alternative Payment Method.
SUMMARY OF THE RULE OR CHANGE:  This amendment clarifies that a FQHC must 
calculate only covered beneficiary charges when it calculates the Ratio of 
Beneficiary Charges to Total Charges Applied to Allowable Cost as part of its 
agreement with the federal government.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this change only clarifies alternative payment methods 
for FQHCs.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they do 
not fund Medicaid services for Medicaid recipients.
- SMALL BUSINESSES:  The Department does not anticipate any impact to small 
businesses because this change only clarifies alternative payment methods for 
FQHCs.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any impact Medicaid providers, 
FQHCs, and to Medicaid recipients because this change only clarifies 
alternative payment methods for FQHCs.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any impact to a single Medicaid provider, a single FQHC, or to a Medicaid 
recipient because this change only clarifies alternative payment methods for 
FQHCs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Changes in this rule will clarify how regulated entities 
calculate allowable costs and should reduce the regulatory burden.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36106.htm

No. 36105 (Amendment): R414-49-3. Client Eligibility Requirements.
SUMMARY OF THE RULE OR CHANGE:  This change allows non-pregnant adults 21 
years and older to receive limited emergency dental services.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment is anticipated to be budget neutral as 
increased costs in the dental program are anticipated to be offset by savings 
in emergency room visits.
- LOCAL GOVERNMENTS:  There may be some reduction in revenues to local 
governments that own hospitals, because of reductions in emergency room 
visits resulting from this change.
- SMALL BUSINESSES:  There is an increase in annual revenue of approximately 
$832,224 for small dental businesses due to the changes in emergency dental 
services for non-pregnant adults ages 21 and older set forth by the Utah 
Legislature.  There is also anticipated to be an $832,224 decrease in 
emergency room visit expenditures due to this change.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is an increase in annual revenue of some portion of the 
amount noted above for businesses.  There is also anticipated to be a 
decrease of some portion of the amount noted above in emergency room visit 
expenditures due to this change.  Medicaid recipients who take advantage of 
the emergency dental program for non-pregnant adults ages 21 and older will 
see savings from not paying out of pocket expenses for these services.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Dental providers will see an increase 
in revenues and emergency room providers will see a decrease in revenues 
resulting from this amendment.  It is difficult to quantify the specific 
compliance costs for any specific provider as the future utilization is 
unknown.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Providers of dental service will benefit from having this a 
covered service.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36105.htm

No. 36103 (Amendment): R414-50. Dental, Oral and Maxillofacial Surgeons.
SUMMARY OF THE RULE OR CHANGE:  This change allows non-pregnant adults 21 
years and older to receive limited emergency dental services.  It also 
clarifies that services performed by an oral surgeon are still available to 
all categorically and medically needy clients.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Estimates are listed in the companion filing to this 
proposed rule (Rule R414-49).  (DAR NOTE:  The proposed amendment to Section 
R414-39-3 is under DAR No. 36105 in this issue, May 15, 2012, of the 
Bulletin.)
- LOCAL GOVERNMENTS:  Estimates are listed in the companion filing to this 
proposed rule (Rule R414-49).
- SMALL BUSINESSES:  Estimates are listed in the companion filing to this 
proposed rule (Rule R414-49).
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Estimates are listed in the companion filing to this proposed rule 
(Rule R414-49).
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Dental providers will see an increase 
in revenues and emergency room providers will see a decrease in revenues 
resulting from this amendment.  It is difficult to quantify the specific 
compliance costs for any specific provider as the future utilization is 
unknown.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Providers of dental service will benefit from having this a 
covered service.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36103.htm

No. 36108 (Amendment): R414-401-3. Assessment.
SUMMARY OF THE RULE OR CHANGE:  In Subsection R414-401-3(2), intermediate 
care facilities for people with intellectual disabilities are assessed at the 
uniform rate of $14.50 per patient day, which is an increase from the 
previous $12.75 per patient day assessment.  This increase in assessment 
allows for the appropriated increase in reimbursement rates and for the 
change in assessment for hospice stays in nursing homes that are paid at the 
higher, assessment increased, reimbursement rates.  In Subsection R414-401-
3(2), intermediate care facilities for people with intellectual disabilities 
(ICF/ID) are assessed at the uniform rate of $6.80 per patient day, which is 
a decrease from the previous $6.94 per patient day assessment, based upon 
projected days.  These updates are based on estimates of patient days for 
state fiscal year 2013 and the appropriation amounts.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This is anticipated to result in collection of an 
additional $1,993,800 restricted funds from nursing and swing bed facilities 
resulting in an additional $4,643,400 of federal funds.  This will result in 
an additional $6,637,200 in reimbursement to nursing home and swing bed 
facilities.  The update to the ICF/ID assessment rate is anticipated to be 
budget neutral as it updates the collection rate based on projected days in 
state fiscal year 2013 and the appropriation amount.
- LOCAL GOVERNMENTS:  Local hospitals with swing beds may realize increased 
revenue, as a result of the increased reimbursement monies available.  
Funding will be applied to swing bed reimbursement rates beginning in 
calendar year 2013.  Inasmuch as swing beds are variable, it is not possible 
to determine the additional funding that will be made available to these 
facilities.
- SMALL BUSINESSES:  Small nursing facility providers will realize a net 
enhanced revenue as a result of increased federal matching funds.  In 
addition, there would be an increase in cost to non-Medicaid certified 
facilities as those facilities would be assessed the higher amount and would 
not realize any payments from Medicaid.  ICF/ID facilities will realize a 
decreased cost based upon the decrease in the assessment rate.  Inasmuch as 
patient days are variable, it is not possible to determine the decreased cost 
that will be realized by these facilities.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Medicaid nursing facility providers will realize a portion of the 
net enhanced revenue as a result of increased federal matching funds.  In 
addition, there would be an increase in cost to non-Medicaid certified 
facilities as those facilities would be assessed the higher amount and would 
not realize any payments from Medicaid.  ICF/ID facilities will realize a 
decreased cost based upon the decrease in the assessment rate.  Inasmuch as 
patient days are variable, it is not possible to determine the decreased cost 
that will be realized by these facilities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Compliance costs include an increased 
collection of $1.75 per non-Medicare patient day from each nursing facility 
and a decrease of $0.14 per qualifying patient day for the ICF/ID providers.  
The assessment monies are used to draw down federal matching funds that 
result in higher reimbursement rates than would be possible without the 
assessment monies.  All Medicaid certified nursing and swing bed facilities 
have benefitted from this process.  The amount of overall gain depends on the 
number of Medicaid patients in the facility.  In addition, there would be an 
increase in cost to non-Medicaid certified facilities as those facilities 
would be assessed the higher amount and would not realize any payments from 
Medicaid.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Consistent with Legislative appropriations, this rule updates 
the nursing facility assessment.  For Medicaid certified facilities, the 
fiscal impact will be positive.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36108.htm

No. 36101 (Amendment): R414-506. Hospital Provider Assessments.
SUMMARY OF THE RULE OR CHANGE:  This rule change removes the wording that 
limits which facilities are subject to the assessment or payments as of a 
specific date.  It also corrects a citation in the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
General Fund because this change only implements a hospital provider 
assessment that will provide necessary matching funds.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they do 
not fund or provide hospital assessments for the Medicaid program.
- SMALL BUSINESSES:  The impact of this change is unknown as the assessment 
amounts collected from providers is limited to the annual upper payment limit 
gap of which changes each year and will also change based on new hospitals 
entering the program.  The change in payments made to providers as a result 
of this assessment will change also.  The impact of that change is unknown 
until such time as new providers are added to the upper payment limit gap 
calculation and the assessment then determined.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The impact of this change is unknown as the assessment amounts 
collected from providers is limited to the annual upper payment limit gap of 
which changes each year and will also change based on new hospitals entering 
the program.  The change in payments made to providers as a result of this 
assessment will change also.  The impact of that change is unknown until such 
time as new providers are added to the upper payment limit gap calculation 
and the assessment then determined.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Hospitals that are new to this 
program will realize assessment costs, but will likely also see revenues 
generated from the payments made as a result of the overall provider 
assessment.  The impact of that change is unknown until such time as new 
providers are added to the upper payment limit gap calculation and the 
assessment then determined.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These changes reflect appropriation actions of the Utah 
Legislature for funding of the Medicaid program and will permit continued 
reimbursement levels to providers subject to the assessment at agreed upon 
levels.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  07/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36101.htm


CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS
No. 36110 (Amendment): R428-12. Health Data Authority Survey of Enrollees in 
Health Maintenance Organizations.
SUMMARY OF THE RULE OR CHANGE:  The rule is updated to reflect current policy 
that mandates reporting from Preferred Provider Organizations.  Also 
technical edits are made including correct office name, year of publication, 
and appropriate definitions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule amendment does not change the process 
currently in place by rule, it only clarifies the reporting requirement of 
Preferred Provider Organizations as well as makes technical changes for 
consistency; therefore, the Utah Department of Health (UDOH) determines that 
these amendments will not create any cost or savings impact to the state 
budget or UDOH's budget, since the changes will not increase workload and can 
be carried out with existing budget.
- LOCAL GOVERNMENTS:  This filing does not create any direct cost or savings 
impact to local governments since they are not directly affected by the rule; 
nor are local governments indirectly impacted because the rule does not 
create a situation requiring services from local governments.
- SMALL BUSINESSES:  Minor technical changes to Rule R428-12 will not result 
in costs or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Minor technical changes to Rule R428-12 will not result in costs or 
savings to persons other than small businesses, businesses, or local 
government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The changes clarify definitions and update publication 
dates which do not result in compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Regulated entities should all be aware of this proposed rule 
amendment.  Fiscal impact should be minimal as this reporting is already 
required in most instances.  Public comment will be carefully evaluated.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Keely Cofrin Allen by phone at 801-538-6551, by FAX at 801-538-9916, or by 
Internet E-mail at kcofrinallen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36110.htm

No. 36111 (Amendment): R428-13. Health Data Authority:  Audit and Reporting 
of HMO Performance Measures.
SUMMARY OF THE RULE OR CHANGE:  The title of the rule is updated to reflect 
inclusion of health plans, not just HMOs.  Also, minor technical edits are 
made.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule amendment does not change the process 
currently in place by rule, it only clarifies that health plans (not just 
HMOs) are affected by the rule as well as makes technical changes for 
consistency; therefore, the Utah Department of Health (UDOH) determines that 
these amendments will not create any cost or savings impact to the state 
budget or UDOH's budget, since the changes will not increase workload and can 
be carried out with existing budget.
- LOCAL GOVERNMENTS:  This filing does not create any direct cost or savings 
impact to local governments since they are not directly affected by the rule; 
nor are local governments indirectly impacted because the rule does not 
create a situation requiring services from local governments.
- SMALL BUSINESSES:  None--Small businesses are not impacted by this rule 
change, with all potentially impacted having more than 50 employees.  As a 
result, the rule will have no effect on small business budgets for costs or 
savings.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Cost to the health plan industry, specifically to Preferred 
Provider Organizations now required to report HEDIS data to the state, will 
total approximately $500,000 (4 PPOs x $125,000).  See more information under 
"Compliance costs for affected persons".
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule amendment included the 
addition of PPOs to the HEDIS data collection process.  PPOs that are not 
currently collecting this data will have to implement changes to both 
personnel and data systems.  This will increase the PPOs budget and workload, 
depending on how the PPOs are going to collect the data.  It is estimated to 
cost approximately $125,000 to collect HEDIS data per health plan, which does 
not include any necessary staff.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Regulated entities should all be aware of this proposed rule 
amendment.  Fiscal impact should be minimal as this reporting is already 
required in most instances.  Public comment will be carefully evaluated.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Keely Cofrin Allen by phone at 801-538-6551, by FAX at 801-538-9916, or by 
Internet E-mail at kcofrinallen@utah.gov
- Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by 
Internet E-mail at mikemartin@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36111.htm



HUMAN RESOURCE MANAGEMENT
ADMINISTRATION
No. 36118 (Amendment): R477-1. Definitions.
SUMMARY OF THE RULE OR CHANGE:  "Dual State Employment" is added as 
Subsection R477-1-1(39) and the remainder of subsections are renumbered.  The 
word "including" replaces "for example" in Subsection R477-1-1(24).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 AM, Senate Bldg, Beehive Room, 420 N State Street, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36118.htm

No. 36119 (Amendment): R477-2. Administration.
SUMMARY OF THE RULE OR CHANGE:  Unnecessary language is removed from 
Subsections R477-2-2(1) and R477-2-5(2).  The word impinges is changed to 
"infringes."
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 AM, Senate Bldg, Beehive Room, 420 N State Street, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36119.htm

No. 36120 (Amendment): R477-3. Classification.
SUMMARY OF THE RULE OR CHANGE:  An unnecessary phrase is removed in 
Subsection R477-3-1(1)(f) and one word is added.  A reference is added to 
Subsection R477-3-5(1).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 AM, Senate Bldg, Beehive Room, 420 N State Street, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36120.htm

No. 36121 (Amendment): R477-4. Filling Positions.
SUMMARY OF THE RULE OR CHANGE:  Amendments in Subsection R477-4-2(4)(a) 
modify Schedule IN to a position working less than 30 hours and require 
Schedule IN and TL employees to be notified annually of their temporary 
status.  Clarifying language is added to Subsection R477-4-5(1) 
distinguishing transfers from reassignments relative to decreases in wage.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 AM, Senate Bldg, Beehive Room, 420 N State Street, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36121.htm

No. 36122 (Amendment): R477-6. Compensation.
SUMMARY OF THE RULE OR CHANGE:  A phrase is added in Subsection R477-6-
4(2)(a) to clarify "employee."  A phrase is removed from Subsection R477-6-
4(2)(c).  Schedule AH is added to Subsection R477-6-4(4)(e).  Section R477-6-
6 is edited to add language regarding enrollment in health plans.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 AM, Senate Bldg, Beehive Room, 420 N State Street, Salt 
Lake City, UT.
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36122.htm

No. 36123 (Amendment): R477-7. Leave.
SUMMARY OF THE RULE OR CHANGE:  In Subsection R477-7-1(8), language indicates 
that separation occurs after six months of cumulative absence from the 
regular position.  A new Subsection R477-7-5(5) addresses use of converted 
sick leave in the converted sick leave retirement program.  In Subsections 
R477-7-6(5)(a) and R477-7-6(6)(a), the phrase "and converted sick leave" is 
inserted.  A new Subsection R477-7-6(5)(b) addresses employees disposition of 
sick leave balances for employees retiring from LTD.  A new Section R477-7-18 
"Disabled Law Enforcement Officer Amendments" is added.  Several references 
are corrected or added throughout the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 PM, Senate Bldg, Beehive Room, 420 N State Street, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36123.htm

No. 36124 (Amendment): R477-8. Working Conditions.
SUMMARY OF THE RULE OR CHANGE:  Section R477-8-4 on Overtime is broken into 
numerous other sections now found as Sections R477-8-5 through R477-8-13.  
Some subsections are moved from one section to another.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 AM, Senate Bldg, Beehive Rm
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36124.htm

No. 36125 (Amendment): R477-9. Employee Conduct.
SUMMARY OF THE RULE OR CHANGE:  New language expands controlled substances by 
adding "other intoxicants," "illicit drugs," and "misuse of volatile 
substances" in Subsection R477-9-1(3).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 AM, Senate Bldg, Beehive Room, 420 N State Street, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36125.htm

No. 36126 (Amendment): R477-11. Discipline.
SUMMARY OF THE RULE OR CHANGE:  An amendment to Subsection R477-11-1(3)(a) 
adds wording that is already in practice, but creates clarity by being stated 
here.  A reference is added to Subsection R477-11-1(4)(c) for convenience.  
In Subsection R477-11-1(4)(d), a phrase and reference is removed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 AM, Senate Bldg, Beehive Room, 420 N State Street, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36126.htm

No. 36127 (Amendment): R477-13. Volunteer Programs.
SUMMARY OF THE RULE OR CHANGE:  A phrase is added to Subsection R477-13-1(3) 
to qualify that those operating equipment or vehicles must be authorized to 
do so.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These changes are administrative and do not directly 
impact state budgets.
- LOCAL GOVERNMENTS:  This rule only affects the executive branch of state 
government and will have no impact on local government.
- SMALL BUSINESSES:  This rule only affects the executive branch of state 
government and will have no impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only affects the executive branch of state government and 
will have no impact on other persons.  This rule has no financial impact on 
state employees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no direct compliance cost 
for these amendments.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Rules published by the Department of Human Resource Management 
(DHRM) have no direct effect on businesses or any entity outside state 
government.  DHRM has authority to write rules only to the extent allowed by 
the Utah Personnel Management Act, Title 67, Chapter 19.  This act limits the 
provisions of career service and these rules to employees of the executive 
branch of state government.  The only possible impact may be a very slight, 
indirect effect if an agency passes costs or savings on to business through 
fees.  However, it is anticipated that the minimal costs associated with 
these changes will be absorbed by agency budgets and will have no effect on 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet 
E-mail at jacker@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/24/2012 09:00 AM, Senate Bldg, Beehive Room, 420 N State Street, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36127.htm



NATURAL RESOURCES
WATER RESOURCES
No. 36087 (Amendment): R653-2-4. Project Funding Process.
SUMMARY OF THE RULE OR CHANGE:  In addition to other stated requirements for 
funding, Subsection R653-2-4(20(b)(iii) needs to now include:  1) Submittal 
of a letter noting completion and acceptance of a Water Conveyance Facilities 
Management Plan as described in and within the time frame required by Section 
73-10-33 (H.B. 60); and 2) compliance with Section 17-27a-211 (H.B. 298) 
which requires a canal company or canal operator to provide stated 
information to the county.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no cost associated with this rule because no 
action needs to be taken by the state.
- LOCAL GOVERNMENTS:  There is no cost associated with this rule because no 
action needs to be taken by local governments.
- SMALL BUSINESSES:  There is no cost associated with this rule because no 
action needs to be taken by any business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The cost associated with this rule is the time it takes to write a 
letter stating compliance.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The cost associated with this rule is 
the time it takes to write a letter stating compliance.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on business because of this rule 
amendment.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Barbara Allen by phone at 801-538-7232, by FAX at 801-538-7279, or by 
Internet E-mail at barbaraallen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36087.htm



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 36133 (Amendment): R986-200-221. Drug Testing Requirements.
SUMMARY OF THE RULE OR CHANGE:  The Utah Legislature passed H.B. 155 in the 
2012 General Session.  The new law requires drug testing for applicants for 
financial assistance.  This rule explains how that drug testing will be done 
and the consequences for failing a drug test.
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.   There are no costs anticipated by 
this rule that were not contemplated in the passing of H.B. 155.
- LOCAL GOVERNMENTS:  This is a federally-funded program so there are no 
costs or savings to the 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 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.
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 06/14/2012
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
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 05/29/2012 05:30 PM, 1385 S State Street, Room 157, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36133.htm


UNEMPLOYMENT INSURANCE
No. 36134 (Amendment): R994-405-104. Quit to Accompany, Follow or Join a 
Spouse.
SUMMARY OF THE RULE OR CHANGE:  The Utah Legislature passed H.B. 263 in the 
2012 General Session.  That law allows benefits to a claimant who quits his 
or her job to accompany his or her spouse to a new location because of the 
spouse's military assignment.  The rule is necessary to provide a start date 
for this change and define terms.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This is a federally-funded program so there are no costs 
or savings to the state budget.  There will very few claimants who will 
receive benefits who might not have before but any costs associated with that 
change are in the statute and not in this rule.
- LOCAL GOVERNMENTS:  This is a federally funded program so there are no 
costs of savings to local government.  Any costs were contemplated by the 
statute.  This proposed rule will not affect local government.
- SMALL BUSINESSES:  There are no costs or savings to any small businesses as 
there are no fees associated with this program and it is federally funded.  
Any costs that might be incurred were contemplated by the statute and this 
proposed rule amendment does not affect any small business.  Employers have 
been relieved of costs but the costs will be added to social costs by the 
legislation.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no costs or savings to any other persons or small 
businesses as there are no fees associated with this program and it is 
federally funded.  Any costs that might be incurred were contemplated by the 
statute and this proposed rule amendment does not affect any persons other 
than small businesses, businesses, or local governmental entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no costs or savings to any 
affected persons as there are no fees associated with this program and it is 
federally funded.  These rule changes will not impact any employers 
contribution rate beyond what was contemplated by the statute for social 
costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  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.  These changes will have no impact on any employers contribution 
tax rate.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2012
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:  06/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36134.htm




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

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

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

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


COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36132 (5-year Review): R156-47b. Massage Therapy Practice Act Rule.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued as it provides a mechanism to inform potential 
licensees of the requirements for licensure as allowed under statutory 
authority provided in Title 58, Chapter 47b, with respect to massage 
therapists and massage apprentices.  The rule should also be continued as it 
provides information to ensure applicants for licensure are adequately 
trained and meet minimum licensure requirements and provides licensees with 
information concerning unprofessional conduct, definitions, and ethical 
standards relating to the profession.  In response to Mr. Nelson's written 
comments about his opposition to wording in Subsection R156-47b-302d(1)(a), 
the Division does not disagree with the facts of Mr. Nelson's comments.  The 
Division disagrees with Mr. Nelson's requested solution to amend the rule due 
to a Supreme Court ruling that might invalidate a Utah statute referred to in 
this rule.  The Division has spoken with Mr. Nelson multiple times regarding 
various Division rules and does not intend to follow his requested solution.  
The Board of Massage Therapy, during a scheduled Board meeting on 01/17/2012, 
discussed public comments which had been made during the 01/09/2012 rule 
hearing.  Given the fact that the majority of the written comments were 
received after the Board's 01/17/2012 meeting, the written comments were 
actually reviewed during the Board's next scheduled meeting which was held on 
03/20/2012.  Regarding the Tuttle and Stucki written comments received in 
which they both expressed opposition to the Division's proposed amendments 
filed under DAR No. 35498, it should be noted that some of the opposed 
language was amended into the governing massage therapy statute, Title 58, 
Chapter 47b, during the recently completed 2012 General Session of the Utah 
Legislature in H.B. 114.  Legislative hearings were also held with respect to 
the statutory proposed amendments. Aside from the legislative changes, the 
Board and Division reviewed the Tuttle and Stucki comments but disagreed with 
their positions.  After extensive review of the written comments received and 
consideration of comments made during the 01/09/2012 rule hearing, the 
Division, in consultation with the Board of Massage Therapy Board, determined 
that the proposed amendments filed under DAR No. 35498 should be become 
effective with no additional changes.  The Division thus filed a "Notice of 
Effective Date" with the Division of Administrative Rules on 01/26/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Sally Stewart by phone at 801-530-6179, by FAX at 801-530-6511, or by 
Internet E-mail at sstewart@utah.gov
EFFECTIVE:  05/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36132.htm



HEALTH
ADMINISTRATION
No. 36096 (5-year Review): R380-1. Petitions for Department Declaratory 
Orders.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule provides the procedures for the submission, review, and disposition 
of petitions for agency declaratory orders on the applicability of statutes 
administered by the Department, rules promulgated by the Department or any of 
its committees having statutory authority to make rules, and orders issued by 
the Department.  Rule R380-5 governs petitions for declaratory orders 
concerning orders issued by committees having statutory authority to issue 
orders and is in the public interest.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
EFFECTIVE:  04/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36096.htm

No. 36097 (5-year Review): R380-5. Petitions for Declaratory Orders on Orders 
Issued by Committees.
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 the procedures for the submission, review, and disposition 
of petitions for agency declaratory orders concerning orders issued by 
committees having statutory authority to issue orders.  Rule R380-1 governs 
petitions for declaratory orders concerning the applicability of statutes 
administered by the Department, rules promulgated by the Department or any of 
its committees having statutory authority to make rules, and orders issued by 
the Department and is in the public interest.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
EFFECTIVE:  04/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36097.htm

No. 36098 (5-year Review): R380-10. Informal Adjudicative Proceedings.
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 informal adjudicative procedures for the Department of 
Health and committees created within the Department and is in the public 
interest.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
EFFECTIVE:  04/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36098.htm

No. 36099 (5-year Review): R380-100. Americans with Disabilities Act 
Grievance Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The purpose of this rule is to implement the provisions of 28 CFR 35 which in 
turn implements Title II of the Americans with Disabilities Act, which 
provides that no individual shall be excluded from participation in or be 
denied the benefits of the services, programs, or activities of a public 
entity, or be subjected to discrimination by the department because of a 
disability.  This rule is in the public interest.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
EFFECTIVE:  04/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36099.htm

HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36128 (5-year Review): R414-1A. Medicaid Policy for Experimental, 
Investigational or Unproven Medical Practices.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it implements the policy to cover only 
services and procedures that are proven to be effective.  This rule, 
therefore, ensures that Medicaid recipients receive quality and cost 
effective services.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
EFFECTIVE:  04/30/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36128.htm

No. 36129 (5-year Review): R414-60. Medicaid Policy for Pharmacy Program.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it establishes requirements and limitations 
for eligibility, program access, and Medicaid drug coverage.  It is also 
necessary because it implements the copayment policy for prescription drugs 
and directs pharmacy providers to the methodology used for reimbursement.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
EFFECTIVE:  04/30/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36129.htm

No. 36085 (5-year Review): R414-307. Eligibility for Home and Community-Based 
Services Waivers.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it establishes general eligibility 
requirements for home and community-based services waivers, establishes 
eligibility requirements for institutionalized individuals, establishes 
eligibility requirements for medically needy waiver groups, establishes 
eligibility criteria for the New Choices Waiver, and sets forth other waiver 
provisions.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
EFFECTIVE:  04/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36085.htm


FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES
No. 36100 (5-year Review): R426-5. Statewide Trauma System Standards.
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 was recently revised to reflect current needs.  The rule was 
extensively reviewed by the Utah Trauma System Advisory Committee this past 
year to incorporate best practices in the system for patient care.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet 
E-mail at gdansie@utah.gov
EFFECTIVE:  04/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36100.htm



HUMAN SERVICES
JUVENILE JUSTICE SERVICES
No. 36136 (5-year Review): R547-1. Residential and Non-Residential, Nonsecure 
Community Program Standards.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
After the five-year review, along with discussion with the Department of 
Human Services, Office of Licensing, it will be the recommendation of the 
division to repeal this rule.  The rule is continued for now until the repeal 
can be put through the process.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by 
Internet E-mail at judyhammer@utah.gov
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
EFFECTIVE:  05/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36136.htm

No. 36137 (5-year Review): R547-3. Juvenile Jail Standards.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The division continues to be responsible for monitoring juvenile hold rooms 
in adult jail facilities.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by 
Internet E-mail at judyhammer@utah.gov
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
EFFECTIVE:  05/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36137.htm

No. 36140 (5-year Review): R547-7. Juvenile Holding Room Standards.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The division continues to be responsible for monitoring juvenile holding 
rooms in local law enforcement agency facilities.  Therefore, the rule should 
be continued.  Nonsubstantive changes may be forthcoming.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
EFFECTIVE:  05/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36140.htm

No. 36138 (5-year Review): R547-12. Division of Juvenile Justice Services 
Classification of Records.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
During the five-year review, it was determined that the division will 
continue to comply with GRAMA regulations.  Therefore, this rule should be 
continued.  Nonsubstantive changes will be made in the near future.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by 
Internet E-mail at judyhammer@utah.gov
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
EFFECTIVE:  05/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36138.htm

No. 36139 (5-year Review): R547-13. Guidelines for Admission to Secure Youth 
Detention Facilities.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The division continues to use these guidelines as required to admit youth 
into secure detention facilities.  Therefore, this rule should be continued.  
Nonsubstantive changes are forthcoming.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by 
Internet E-mail at judyhammer@utah.gov
- Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by 
Internet E-mail at jhjones@utah.gov
EFFECTIVE:  05/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36139.htm



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 36131 (5-year Review): R657-29. Government Records Access Management 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 Rule R657-29 is necessary to provide an effective and 
efficient process prescribing where and to whom requests for information 
shall be directed and provide procedures for access to division records as 
allowed under Subsection 63G-2-204(2).
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:  05/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36131.htm



SCHOOL AND INSTITUTIONAL TRUST LANDS
ADMINISTRATION
No. 36088 (5-year Review): R850-11. Procurement.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary for the agency to be exempt from the provisions under 
Title 63, Chapter 56, Utah Procurement Code so that the procurement process 
for the agency can be streamlined, enabling the agency to respond to 
marketing opportunities in a more timely manner.  Therefore, this rule should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ron Carlson by phone at 801-538-5131, by FAX at 801-538-5118, or by 
Internet E-mail at rcarlson@utah.gov
EFFECTIVE:  04/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36088.htm



WORKFORCE SERVICES
UNEMPLOYMENT INSURANCE
No. 36091 (5-year Review): R994-102. Employment Security Act, Public Policy 
and Authority.
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 explains the stimulative nature of unemployment benefits in 
accordance with federal law and guidance.  The rule is necessary to explain 
some limits to the receipt of benefits and accurately reflects Utah statutes 
and case law.  Therefore, this rule should be continued.
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
EFFECTIVE:  04/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36091.htm

No. 36092 (5-year Review): R994-106. Combined Wage Claims.
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 explain the mechanics of combined wage claims (CWC) 
including in accordance of interstate agreements authorized by Section 35A-4-
106.  The rule defines which state is the paying state, how wages are 
transferred to another state, restrictions on CWCs, how to appeal a 
determination, and the non-monetary decisions are made by the paying state.  
Most of the rule is governed by interstate agreements and the rule is 
necessary to explain and govern the process.  Therefore, this rule should be 
continued.
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
EFFECTIVE:  04/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36092.htm

No. 36093 (5-year Review): R994-303. Contribution Rates.
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 explain how contribution rates are assigned and 
calculated for each employer including how the division calculates experience 
ratings using the reserve factor and benefit ratio.  The rule also describes 
when successorship is determined and how it effects the contribution rate to 
avoid "SUTA dumping" (a process or changing ownership to avoid a high 
experience rating in an effort to lower state unemployment taxes).   SUTA 
dumping rules are a required agreement with our federal partners.  Therefore, 
this rule should be continued.
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
EFFECTIVE:  04/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36093.htm

No. 36094 (5-year Review): R994-401. Payment of Benefits.
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 determine monetary eligibility for benefits, the 
weekly benefit amount and the maximum benefit amount for each claim.  The 
rule also explains what wages are used for determining eligibility and how 
retirement is counted when determining the weekly benefit amount.  The rule 
is also necessary for determining concurrent liability when there is no 
separation from a part-time reimbursable employer.  Finally, the rule 
explains a claimant's obligations for reporting income while receiving 
unemployment benefits.  Therefore, this rule should be continued.
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
EFFECTIVE:  04/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36094.htm

No. 36095 (5-year Review): R994-402. Extended Benefits (EB).
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Extended benefits are benefits payable when there is a state "on" indicator 
which basically means when the state's unemployment rate has "equaled or 
exceeded 120%" of the last year's average.  Utah has not paid extended 
benefits since 1983.  The rules are necessary to describe the eligibility 
criteria for extended benefits which are different from regular benefits and 
proscribed by federal law.  For instance, federal law has different job 
search requirements for extended benefits and this rule explains those 
differences.  Therefore, this rule should be continued.
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
EFFECTIVE:  04/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120515/36095.htm




4.  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
RISK MANAGEMENT
No. 35844  (AMD): R37-4.  Adjusted Utah Governmental Immunity Act Limitations 
on Judgments
Published:  03/01/2012
Effective:  05/31/2012



AGRICULTURE AND FOOD
ANIMAL INDUSTRY
No. 35866  (AMD): R58-11.  Slaughter of Livestock
Published:  03/01/2012
Effective:  05/15/2012



ATTORNEY GENERAL
ADMINISTRATION
No. 35904  (NEW): R105-1.  Attorney General's Selection of Outside Counsel, 
Expert Witnesses and Other Litigation Support Services
Published:  03/15/2012
Effective:  04/24/2012



ENVIRONMENTAL QUALITY
SOLID AND HAZARDOUS WASTE
No. 35867  (AMD): R315-16.  Standards for Universal Waste Management
Published:  03/01/2012
Effective:  04/17/2012



GOVERNOR
PLANNING AND BUDGET, INSPECTOR GENERAL OF MEDICAID SERVICES (OFFICE OF)
No. 35879  (NEW): R367-1.  Office of Inspector General of Medicaid Services
Published:  03/01/2012
Effective:  04/23/2012



HEALTH
HEALTH CARE FINANCING
No. 35901  (AMD): R410-14.  Administrative Hearing Procedures
Published:  03/15/2012
Effective:  04/27/2012


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 35902  (AMD): R414-1-2.  Definitions
Published:  03/15/2012
Effective:  04/27/2012


CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS
No. 35868  (AMD): R428-2.  Health Data Authority Standards for Health Data
Published:  03/01/2012
Effective:  04/26/2012


FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING
No. 35581  (NEW): R430-1.  General Licensing, Certificate, and Enforcement 
Provisions, Child Care Facilities
Published:  01/15/2012
Effective:  05/01/2012

No. 35579  (REP): R430-2.  General Licensing Provisions, Child Care 
Facilities
Published:  01/15/2012
Effective:  05/01/2012

No. 35580  (REP): R430-3.  General Child Care Facility Rules Inspection and 
Enforcement
Published:  01/15/2012
Effective:  05/01/2012

No. 35653  (REP): R430-4.  General Certificate Provisions
Published:  02/01/2012
Effective:  05/01/2012

No. 35573  (AMD): R430-6.  Background Screening
Published:  01/15/2012
Effective:  05/01/2012

No. 35654  (REP): R430-30.  Adjudicative Procedure
Published:  02/01/2012
Effective:  05/01/2012

No. 35574  (AMD): R430-50.  Residential Certificate Child Care
Published:  01/15/2012
Effective:  05/01/2012

No. 35575  (R&R): R430-60.  Hourly Child Care Center
Published:  01/15/2012
Effective:  05/01/2012

No. 35576  (AMD): R430-70.  Out of School Time Child Care Programs
Published:  01/15/2012
Effective:  05/01/2012

No. 35577  (AMD): R430-90.  Licensed Family Child Care
Published:  01/15/2012
Effective:  05/01/2012

No. 35578  (AMD): R430-100.  Child Care Centers
Published:  01/15/2012
Effective:  05/01/2012


PUBLIC LANDS POLICY COORDINATING OFFICE
ADMINISTRATION
No. 35874  (NEW): R694-1.  Archeological Permits
Published:  03/01/2012
Effective:  04/30/2012




5.  RULES INDEX

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


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