Utah State Digest, Vol. 2012, No. 15 (August 1, 2012)

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

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


For information filed July 3, 2012, 12:00 AM through July 16, 2012, 11:59 PM


Volume 2012, No. 15
August 1, 2012


Prepared by
Division of Administrative Rules
Department of Administrative Services


The Utah State Digest (Digest) is an official electronic publication of the 
State of Utah, Department of Administrative Services, Division of 
Administrative Rules.  It is a summary of the information found in the Utah 
State Bulletin (Bulletin) of the same volume and issue number.  Inquiries 
concerning the substance or applicability of an administrative rule that 
appear in the Digest should be addressed to the contact person for the rule.  
Questions about the Digest or the rulemaking process may be addressed to:  
Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-
1007, telephone 801-538-3764, FAX 801-537-9240.  Additional rulemaking 
information, and electronic versions of all administrative rule publications 
are available at:  http://www.rules.utah.gov/ .  The Digest is available free 
of charge online at http://www.rules.utah.gov/publicat/digest.htm and by E-
mail Listserv.




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

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



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

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




1.  SPECIAL NOTICES

Medicaid Nursing Facility Evacuation Payments
- 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/2012/20120801/sn152960.htm

Notice of Public Hearing Regarding Proposed Changes to Rule R590-162, 
Actuarial Opinion and Memorandum Rule
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/sn152974.htm




2.  EXECUTIVE DOCUMENTS

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

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

Governor's Executive Order EO/07/2012:  Wildland Fire Management
- Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by 
Internet E-mail at Abuchholz@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2012/ExecDoc152965.htm




3.  NOTICES OF PROPOSED RULES

A state agency may file a Proposed Rule when it determines the need for a new 
rule, a substantive change to an existing rule, or a repeal of an existing 
rule.  Filings received between July 3, 2012, 12:00 a.m., and July 16, 2012, 
11:59 p.m. are summarized in this, the August 1, 2012, issue of the Utah 
State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the August 1, 2012, issue of the Utah State Bulletin until at 
least August 31, 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 November 29, 2012, the 
agency may notify the Division of Administrative Rules that it wants to make 
the Proposed Rule effective.  The agency sets the effective date.  The date 
may be no fewer than seven calendar days after the close of the public 
comment period nor more than 120 days after the publication date in the Utah 
State Bulletin.  Alternatively, the agency may file a Change in Proposed Rule 
in response to comments received.  If the Division of Administrative Rules 
does not receive a Notice of Effective Date or a Change in Proposed Rule, the 
Proposed Rule lapses and the agency must start the process over.

The public, interest groups, and governmental agencies are invited to review 
and comment on the Proposed Rules listed below.  Comment may be directed to 
the contact person identified with each rule. 

Proposed Rules are governed by Section 63G-3-301; Rule R15-2; and Sections 
R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10.


ADMINISTRATIVE SERVICES
DEBT COLLECTION
No. 36495 (Amendment): R21-1. Transfer of Collection Responsibility of State 
Agencies.
SUMMARY OF THE RULE OR CHANGE:  This amendment corrects various statutory 
citations and adds a new requirement.  The new requirement is that an 
original signature is required for certain Office of State Debt Collection 
documents.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule change will not result in any additional costs 
or additional savings to the state.  Because this amendment only makes 
statutory reference changes and codifies the current practice of requiring an 
original signature on certain documents, there are no compliance costs.
- LOCAL GOVERNMENTS:  This rule change will not result in any additional 
costs or additional savings to local governments.  Because this amendment 
only makes statutory reference changes and codifies the current practice of 
requiring an original signature on certain documents, there are no compliance 
costs.
- SMALL BUSINESSES:  This rule change will not result in any additional costs 
or additional savings to small businesses.  Because this amendment only makes 
statutory reference changes and codifies the current practice of requiring an 
original signature on certain documents, there are no compliance costs.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule change will not result in any additional costs or 
additional savings to persons other than small businesses, businesses, or 
local governmental entities.  Because this amendment only makes statutory 
reference changes and codifies the current practice of requiring an original 
signature on certain documents, there are no compliance costs.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this amendment only makes 
statutory reference changes and codifies the current practice of requiring an 
original signature on certain documents, 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 that these changes are reasonable and warranted.  The 
department does not believe that this rule change will result in any 
additional costs or additional savings to anyone.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
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:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36495.htm



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36484 (Amendment): R156-20a. Environmental Health Scientist Act Rule.
SUMMARY OF THE RULE OR CHANGE:  In Section R156-20a-102, a definition of 
"distance learning" is added to define the expanded area of professional 
continuing education programs available for licensees; which continuing 
education is a requirement for the renewal of licensure.  In Subsection R156-
20a-304(4), "distance learning" is added as a type of recognized professional 
continuing education.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division will incur minimal costs of approximately 
$50 to print and distribute the rule once the proposed amendments are made 
effective.  Any costs incurred will be absorbed in the Division's current 
budget.
- LOCAL GOVERNMENTS:  The proposed amendments only apply to licensed 
environmental health scientists and environmental health scientists-in-
training.  As a result, the proposed amendments do not apply to local 
governments.
- SMALL BUSINESSES:  The proposed amendments only apply to licensed 
environmental health scientists and licensed environmental health scientists-
in-training.  A licensed environmental health scientist is generally employed 
by a company or government entity rather than in an office owned by a 
licensee.  However, expansion of the continuing education opportunities for 
licensees may positively impact a small business that is involved in 
providing continuing education courses.  The Division is not able to 
determine an exact cost or saving impact of this proposed amendment due to 
varying circumstances or frequency involving continuing education.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only apply to licensed environmental health 
scientists and environmental health scientists-in-training.  The proposed 
amendments to include distance learning will expand potential continuing 
education opportunities for the licensee to the benefit and safety of the 
public.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only apply to 
licensed environmental health scientists and environmental health scientists-
in-training.  The Division does not anticipate any increase in compliance 
costs as a result of the proposed amendment which allows for distance 
learning in recognized professional continuing education programs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This filing adds distance learning to the types of continuing 
education courses that licensees may take for licensure renewal.  Any fiscal 
impact to businesses resulting from this change would likely be positive in 
nature.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Sally Stewart by phone at 801-530-6179, by FAX at 801-530-6511, or by 
Internet E-mail at sstewart@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 08/20/2012 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, 
Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36484.htm


REAL ESTATE
No. 36449 (Amendment): R162-2e. Appraisal Management Company Administrative 
Rules.
SUMMARY OF THE RULE OR CHANGE:  AMCs are required to obtain a $25,000 surety 
bond in order to register or renew a registration in the state of Utah.  
Deadlines for evidencing compliance with the bonding requirement are 
outlined. Consequences for failing to comply with the bonding requirement are 
outlined.  Procedures are outlined by which an appraiser may cause the 
Division to make a claim against an AMC's bond for unpaid fees.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division anticipates that it has the staff and 
resources in place to administer these rules as part of the registration and 
renewal process.  Therefore, no impact to the state budget is anticipated.
- LOCAL GOVERNMENTS:  Local governments are not required to comply with or 
enforce the rules governing appraisal management companies.  Therefore, no 
fiscal impact to local government is anticipated.
- SMALL BUSINESSES:  Small businesses that are AMCs will incur costs to 
obtain a bond.  Those costs will vary among AMCs, depending on the amount of 
risk a bonding company assesses a bond applicant to have.  These costs were 
considered by the Legislature in passing H.B. 191; no additional costs to 
small businesses are anticipated.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Only businesses are affected by this requirement.  No other persons 
will be required to comply; therefore, no other persons will experience the 
costs associated with the rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Affected persons will be required to 
purchase a surety bond in order to comply.  Those costs will vary among AMCs, 
depending on the amount of risk a bonding company assesses a bond applicant 
to have.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These rules implement the surety bond requirements of H.B. 191 
(2012 General Session) for appraisal management companies.  Any fiscal impact 
to appraisal management companies, or benefits to appraisers who perform 
appraisals for those companies, was contemplated by H.B. 191.  This rule does 
not have any fiscal impact beyond that legislation.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jennie Jonsson by phone at 801-530-6706, by FAX at 801-526-4387, or by 
Internet E-mail at jjonsson@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36449.htm



ENVIRONMENTAL QUALITY
AIR QUALITY
No. 36481 (New Rule): R307-208. Outdoor Wood Boiler Prohibition.
SUMMARY OF THE RULE OR CHANGE:  This rule prohibits any person from selling, 
offering for sale, supplying, installing, purchasing, or transferring an 
outdoor wood boiler beginning 09/01/2013.  It also requires current operators 
and owners to register their outdoor wood boiler with the director of the 
Division of Air Quality (DAQ) or local health district office, to operate the 
boiler in accordance with manufacturer specifications, and to limit visible 
emissions to 20% opacity.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There may be some additional administrative costs to 
register existing outdoor wood boilers with DAQ; however, any costs are 
anticipated to be minimal.
- LOCAL GOVERNMENTS:  There may be some additional administrative costs to 
register existing outdoor wood boilers with local health district offices; 
however, any costs are anticipated to be minimal.
- SMALL BUSINESSES:  As businesses will no longer be able to sell outdoor 
wood boilers in Utah, there is an anticipated cost.  However, since Utah is 
not a large market base for these units, the impact should be limited.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: As this rule prohibits all persons, not just businesses, from 
selling, installing, purchasing, or transferring outdoor wood boilers, there 
may some costs or savings for persons other than small businesses, 
businesses, or local government entities; however, it is difficult to 
estimate what those costs or savings would be.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The only compliance costs will be 
those associated with the unit registration requirement, and that cost should 
be minimal.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As businesses will no longer be able to sell outdoor wood 
boilers in Utah, there is an anticipated cost.  However, since Utah is not a 
large market base for these units, the impact should be minimal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 08/15/2012 02:00 PM, DEQ Bldg, 195 N 1950 W, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/04/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36481.htm

No. 36480 (New Rule): R307-303. Commercial Cooking.
SUMMARY OF THE RULE OR CHANGE:  This rule requires owners and operators of 
chain driven charbroilers in food service establishments to install, maintain 
and operate a catalytic oxidizers that reduce uncontrolled PM2.5 and VOC by 
at least 80%; it requires owners and operators to clean and maintain 
catalytic oxidizers according to manufacturer's specifications; and it 
requires owners and operators to maintain records of the installation date of 
the control device, the date of catalyst replacement, and maintenance 
performed on the control device.  This proposed rule applies to Box Elder, 
Cache, Davis, Salt Lake, Tooele, Utah, and Weber counties.  During the public 
comment period, DAQ are requesting public input on the appropriateness of 
applying this rule in Tooele and Box Elder counties.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  While there will be some additional inspection 
requirements for DAQ, there are no anticipated costs or savings to the  state 
budget.
- LOCAL GOVERNMENTS:  Because this rule will be administered by the state and 
because it does not establish any new requirements to local governments, 
there are no anticipated costs or savings to local government.
- SMALL BUSINESSES:  The annualized capital, operational, and maintenance 
cost for the required catalytic oxidation technology is estimated to cost 
approximately $2,028 per year over a 10-year period.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this rule is applicable only to operations of chain driven 
charbroilers in food service establishments, there are no anticipated costs 
or savings to persons other than small businesses, businesses, or local 
government entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The annualized capital, operational, 
and maintenance cost for the required catalytic oxidation technology is 
estimated to cost approximately $2,028 per year over a 10-year period.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The annualized capital, operational, and maintenance cost for 
the required catalytic oxidation technology is estimated to cost 
approximately $2,028 per year over a 10-year period.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 08/15/2012 10:00 AM, DEQ Bldg, 195 N 1950 W, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/04/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36480.htm

No. 36483 (Amendment): R307-309. Nonattainment and Maintenance Areas for 
PM10:  Fugitive Emissions and Fugitive Dust.
SUMMARY OF THE RULE OR CHANGE:  Rule applicability has been expanded to 
include PM2.5 nonattainment counties.  The fugitive emissions section has 
been revised to clarify that EPA Method 9 is used to measure opacity, and the 
measurement process has also been expanded.  The high wind exemption is re-
written to clarify that sources must continue to operate their fugitive dust 
plan when winds exceed 25 mph to avoid violation of an opacity exceedance.  
High wind contingency measures are included under the General Requirements to 
enhance controls during high wind.  Fugitive dust control plans must be filed 
using the online system before commencing activities.  Suggestive control 
measures in Section R307-309-6 are deleted and replaced with best management 
practices in the online tool.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because the added requirements do not affect 
administrative procedures, there are no anticipated costs or savings to the 
state budget.
- LOCAL GOVERNMENTS:  Because the filing of dust controls plans and the 
implementation of controls are established practices, there will be minimal 
costs to local government.
- SMALL BUSINESSES:  The estimated cost for small businesses to implement 
dust control plans is $2,140 per acre.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The anticipated cost for any person other than small businesses, 
businesses, or local government entities engaged in construction projects 
greater than 1/4 acre is $2,140 per acre.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The estimated cost to implement a 
dust control plan is $2,140 per acre.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The estimated cost to implement a dust control plan is $2,140 
per acre.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 08/15/2012 01:00 PM, DEQ Bldg, 195 N 1950 W, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/04/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36483.htm

No. 36482 (Amendment): R307-335. Ozone Nonattainment and Maintenance Areas:  
Degreasing and Solvent Cleaning Operations.
SUMMARY OF THE RULE OR CHANGE:  New sections are added, including a section 
for industrial solvent cleaning requirements; a section of regulatory 
requirements for emission control systems; and a section for solvent 
containing waste disposal requirements.  The rule is also changed to apply to 
Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber counties.  During 
the public comment period, the Division of Air Quality (DAQ) is soliciting 
public input on the appropriateness of applying this rule in Tooele and Box 
Elder counties.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because the revisions to the rule do not increase or 
decrease the cost to administer this rule, no costs or savings are 
anticipated for the state budget.
- LOCAL GOVERNMENTS:  Because this revision does not create new requirements 
for local governments, and because it is administered by the state, there are 
no anticipated costs or savings to local governments.
- SMALL BUSINESSES:  The new requirements of this rule will result in a 
slight increase of costs to small businesses.  There are no anticipated costs 
or savings to limit VOC emissions through using industrial solvent cleaners 
with a VOC content of 0.42 pounds per gallon or less; however, if an owner or 
operator installs an emissions control system, the cost would be 
approximately $1,640 per ton of VOC removed.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because the revision does not create new requirements for persons 
other than small businesses, businesses, or local governments entities, there 
are no anticipated costs or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The new requirements of this rule 
will result in a slight increase of costs to small businesses.  There are no 
anticipated costs or savings to limit VOC emissions through using industrial 
solvent cleaners with a VOC content of 0.42 pounds per gallon or less; 
however, if an owner or operator installs an emissions control system, the 
cost would be approximately $1,640 per ton of VOC removed.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The new requirements of this rule will result in a slight 
increase of costs to small businesses.  There are no anticipated costs or 
savings to limit VOC emissions through using industrial solvent cleaners with 
a VOC content of 0.42 pounds per gallon or less; however, if an owner or 
operator installs an emissions control system, the cost would be 
approximately $1,640 per ton of VOC removed.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 08/15/2012 09:00 AM, DEQ, 195 N 1950 W, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/04/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36482.htm

ENVIRONMENTAL RESPONSE AND REMEDIATION
No. 36496 (Amendment): R311-201-12. UST Operator Training and Registration.
SUMMARY OF THE RULE OR CHANGE:  In Subsections R311-201-12(d) and (e), adds 
wording to allow an UST operator to be registered as a Class A or Class B 
operator.  Adds wording to allow an UST owner/operator to designate a third-
party Class B operator as a Class A operator when the UST owner/operator is a 
financial institution or other person who acquired ownership of the UST 
facility only to protect a security interest in the property, and when the 
USTs are properly temporarily closed and emptied.  In Subsections R311-201-
12(h) and (k), removes wording that requires the Class B operator to verify, 
as part of the monthly UST operator inspection, that the UST compliance tags 
are in place on each tank.  Removes wording that provides for automatic re-
training of the Class B operator if the UST compliance tags are not in place 
on each tank.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No anticipated costs or savings.  The changes expand the 
range of individuals who may become Class A or Class B operators to meet 
requirements already in place, and remove requirements that no longer apply 
due to legislative changes made to the UST Act.
- LOCAL GOVERNMENTS:  No anticipated costs or savings for local government.  
The changes expand the range of individuals who may become Class A or Class B 
operators to meet requirements already in place, and remove requirements that 
no longer apply due to legislative changes made to the UST Act.
- SMALL BUSINESSES:  No costs are anticipated--The proposed changes allow 
individuals to become Class A or Class B operators in certain situations, 
expanding the range of individuals who may become registered operators, to 
meet requirements that are already in place.  An UST owner or operator who is 
a small business may realize savings of approximately $250 (the cost of 
training and registration as a Class A or Class B operator) in situations 
where a third-party class B operator may be designated as the Class A 
operator.  The aggregate savings would depend on the number of UST 
owner/operators who take advantage of this option.  Removing references to 
the UST compliance tag has no cost or savings; the changes are made only to 
remove requirements that no longer apply due to legislative changes made to 
the UST Act.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No costs are anticipated--The proposed changes allow individuals to 
become Class A or Class B operators in certain situations, expanding the 
range of individuals who may become registered operators, to meet 
requirements that are already in place.  An UST owner or operator may realize 
savings of approximately $250 (the cost of training and registration as a 
Class A or Class B operator) in situations where a third-party class B 
operator may be designated as the Class A operator.  The aggregate savings 
would depend on the number of UST owner/operators who take advantage of this 
option.  Removing references to the UST compliance tag has no cost or 
savings;  the changes are made only to remove requirements that no longer 
apply due to legislative changes made to the UST Act.  Non-fiscal impacts:  
The proposed changes make it easier for UST owner/operators to meet the 
operator training requirements already in place by expanding the range of 
individuals who may become Class A and Class B operators.  This allows, in 
some situations, for individuals who have greater expertise and day-to-day 
oversight for UST systems to become registered operators, instead of 
requiring that individuals who have little or no hands-on knowledge of UST 
systems be the Class A and Class B operators.  The other proposed changes 
only remove requirements that no longer apply due to legislative changes made 
to the UST Act.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No costs are associated with the 
proposed changes.  The changes expand the range of individuals who may become 
Class A or Class B operators to meet requirements already in place, and 
remove requirements that no longer apply due to legislative changes made to 
the UST Act.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes make it easier for UST owners and operators to 
provide a Class A operator in a case where the owner acquires the property by 
foreclosure or other default, and saves the cost of becoming a Class A 
operator.  The other changes do not have any significant 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 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet 
E-mail at gastin@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 08/15/2012 01:30 PM, Department of Environmental Quality, 195 N 1950 W, 
Room 1015, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  09/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36496.htm

No. 36497 (Amendment): R311-206. Underground Storage Tanks:  Financial 
Assurance Mechanisms.
SUMMARY OF THE RULE OR CHANGE:  In Section R311-206-4, this amendment removes 
wording that refers to the documentation of non-marketer status for 
assessment of PST Fund fees for state fiscal years 1991 through 1994.  
Changes one citation because the subsection to which it refers will be re-
numbered.  In Section R311-206-5, removes a reference to submittal of 
financial assurance documents for fiscal year 1998 and replaces it with 
general wording for subsequent years.  In Section R311-206-8, section is re-
named.  Removes wording applying to tags placed on petroleum USTs to show 
that they are eligible to receive deliveries of regulated substances, and 
adds wording to implement changes made to the Utah UST Act by the 2012 Utah 
legislature.  The legislative change provides for placement of tags on tanks 
that are not eligible to receive fuel, rather than on those that are eligible 
to receive fuel.  Provides for a "delivery prohibition" tag to be placed on 
an UST whose certificate of compliance has been revoked for non-compliance or 
has lapsed for non-payment of fees, and on an UST that has never qualified 
for a certificate of compliance.  The tag will also be placed on an UST that 
does not have required equipment in place for spill prevention, overfill 
prevention, leak detection, or corrosion protection.  Provides for a tag to 
be placed on a new UST when it is installed, to ensure that no deliveries are 
made to the UST, unless authorized by the Division Director, until the 
initial certificate of compliance is issued.  Provides for authorization for 
deliveries of fuel for tank ballasting and/or testing before the certificate 
of compliance is issued.  Provides for penalties for deliveries of fuel to a 
tank that is tagged, and fees for the unauthorized removal of the delivery 
prohibition tag.  In Section R311-206-9, allows a tank to cease participation 
in the PST Fund in 30 days, rather than the current 60 days, after the 
owner/operator notifies the Division Director of the intent to leave the 
fund.  Provides for notification in writing from the UST owner or operator of 
the intent to leave the fund.  Allows the Division Director to approve tanks 
to leave the fund in less than 30 days if the UST owner already has a current 
alternate financial responsibility method in place, and allows for tanks to 
leave the fund after the designated 30-day period if the UST owner/operator 
does not properly document alternate financial responsibility within the 30-
day period.  In Section R311-206-10, removes reference to a one-year time 
period (calendar year 2007) in which UST owner/operators could return to the 
PST Fund without doing a site assessment, and refers only to the current 
requirements for returning to the fund, that have been in place since 
01/01/2008.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The proposed change will save the state budget the 
yearly cost of producing tags for all tanks, approximately $2,000 per year.  
The cost of the delivery prohibition tags will be much lower each year, 
because fewer tags will be needed, but there may be the increased cost of 
using state employees to place the tags on non-compliant tanks.  Approximate 
cost of the delivery prohibition tags is $300 per year.
- LOCAL GOVERNMENTS:  The changes regarding USTs that leave the PST Fund 
(Section R311-206-9) will allow a local government that is an UST 
owner/operator to begin receiving refunds of the 1/2 cent per gallon 
environmental surcharge sooner because the tank can potentially leave the 
fund in 30 days rather than 60, or less than 30 days if the UST 
owner/operator already has an alternate financial assurance mechanism in 
place for other tanks.  The amount saved will depend on the number of tanks 
that leave the fund and the throughput of those tanks.  The other changes 
(Sections R311-206-4, R311-206-5, and R311-206-10) have no costs or savings 
because they only modify rule wording that no longer applies due to statutory 
changes or the passing of a specific time period.
- SMALL BUSINESSES:  The changes regarding USTs that leave the PST Fund 
(Section R311-206-9) will allow a small business that is an UST 
owner/operator to begin receiving refunds of the 1/2 cent per gallon 
environmental surcharge sooner because the tank can potentially leave the 
fund in 30 days rather than 60, or less than 30 days if the UST 
owner/operator already has an alternate financial assurance mechanism in 
place for other tanks.  The amount saved will depend on the number of tanks 
that leave the fund and the throughput of those tanks.  The other changes 
(Sections R311-206-4, R311-206-5, and R311-206-10) have no costs or savings 
because they only modify rule wording that no longer applies due to statutory 
changes or the passing of a specific time period.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The changes regarding USTs that leave the PST Fund (Section 9) will 
allow the UST owner/operator to begin receiving refunds of the 1/2 cent per 
gallon environmental surcharge sooner because the tank can potentially leave 
the fund in 30 days rather than 60, or less than 30 days if the UST 
owner/operator already has an alternate financial assurance mechanism in 
place for other tanks.  The amount saved will depend on the number of tanks 
that leave the fund and the throughput of those tanks.  The other changes 
(Sections R311-206-4, R311-206-5, and R311-206-10) have no costs or savings 
because they only modify rule wording that no longer applies due to statutory 
changes or the passing of a specific time period.  Non-fiscal impacts:  The 
change that no longer requires each tank to have a compliance tag will save 
UST owner/operators the time and effort to place tags on their tanks each 
year and ensure that they remain in place.  The other changes will have no 
material impact because they only remove wording that no longer applies, and 
provide for no new requirements.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated compliance 
costs.  The changes implement a statutory change that will remove the 
requirement that each UST have a compliance tag, provide for an expedited 
process for tanks to cease participating in the PST Fund, and remove rule 
wording that no longer applies.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The reduction of the time period for review of alternate 
financial responsibility mechanisms will allow UST owners and operators to 
remove themselves from PST Fund coverage sooner after they notify the 
Division and permit them to receive refunds of their environmental surcharge.  
The other changes should not have any material 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 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet 
E-mail at gastin@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 08/15/2012 01:30 PM, Department of Environmental Quality, 195 N 1950 W, 
Room 1015, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  09/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36497.htm


WATER QUALITY
No. 36502 (Amendment): R317-1-7. TMDLs.
SUMMARY OF THE RULE OR CHANGE:  This section incorporates by reference the 
completed and approved Jordan River TMDL into the rule.  This TMDL document 
has gone through an individual public review process and has been approved by 
the Water Quality Board.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated impacts to the state budget.  
The proposed amendment will be addressed using existing resources.
- LOCAL GOVERNMENTS:  No cost impacts to local governments are anticipated.  
No activities that would result in costs or savings to local governments are 
mandated by the approved TMDL.
- SMALL BUSINESSES:  No cost impacts to small businesses are anticipated.  
This is a phased TMDL.  Potential strategies and management options for 
reducing sources of pollutants are identified, but are not specifically 
mandated at this time.  Implementation projects and strategies will be 
addressed in subsequent phases of the Jordan River TMDL.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No cost impacts to other persons are anticipated.  This is a phased 
TMDL.  Potential strategies and management options for reducing sources of 
pollutants are identified, but are not specifically mandated at this time.  
Implementation projects and strategies will be addressed in subsequent phases 
of the Jordan River TMDL.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No direct compliance costs are 
anticipated for affected persons.  This is a phased TMDL.  No compliance 
requirements are implemented for sources of pollutants as a result of the 
approved TMDL.  Potential strategies and management options for reducing 
sources of pollutants are identified, but are not specifically mandated at 
this time.  Implementation projects and strategies will be addressed in 
subsequent phases of the Jordan River TMDL.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No fiscal impacts to businesses are anticipated as a result of 
the approved TMDL. This is a phased TMDL.  Potential strategies and 
management options for reducing sources of pollutants are identified, but are 
not specifically mandated at this time.  No compliance requirements were 
implemented for point sources of pollutants as a result of the approved TMDL.  
Implementation projects and strategies will be addressed in subsequent phases 
of the Jordan River TMDL.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Dave Wham by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet 
E-mail at dwham@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36502.htm



HEALTH
FAMILY HEALTH AND PREPAREDNESS, LICENSING
No. 36445 (Amendment): R432-270. Assisted Living Facilities.
SUMMARY OF THE RULE OR CHANGE:  The change in Section R432-270-12 is to 
remove the requirement of the facility to require a resident to have a 
physician prior to admit.  The change in Section R432-270-16 is to remove the 
requirement for a wander risk agreement to be approved by the department 
prior to use.  The changes to Section R432-270-19 are: at Subsection (2)(c), 
remove part of the rule that regulates who can set up medication when a 
family member is responsible for the residents medications; at Subsection 
(2)(d)(ii), change the rule to state that medication are administered 
according to the order not to the service plan; and at Subsection (2)(5), the 
change gives the health care professional 72 hours to co-sign on a medication 
change.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These rule amendments will have no effect on state 
budgets since there will be no change in current practice.
- LOCAL GOVERNMENTS:  These rule amendments will have no effect on local 
government budgets since there will be no change in current practice.
- SMALL BUSINESSES:  These rule amendments will have no effect on small 
businesses since there will be no change in current practice.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: These rule amendments will have no effect on persons since there 
will be no change in current practice.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  These rule amendments will have no 
effect on persons since there will be no change in current practice.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Eliminating unenforceable outdated requirements will be 
beneficial to business and not compromise the rights or safety of residents.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36445.htm



INSURANCE
ADMINISTRATION
No. 36493 (Amendment): R590-130. Rules Governing Advertisements of Insurance.
SUMMARY OF THE RULE OR CHANGE:  The following changes are being made in the 
rule:  the definition of "Advertisement" is being expanded to include 
advertising on the website and emails; a new Enforcement Date Section is 
being added to the rule; the Severability Provision section is being changed 
to follow the wording that is now being used in this section; and due to the 
addition of a new section, the last three sections are being re-numbered.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  It is anticipated that by including the terms "website" 
and "email" in the definition of advertising it will be easier to regulate 
advertising violations that take place on the website and in emails.  If this 
is the case. then a few more fines may be added to the General Fund, although 
it should be noted that oftentimes when a violation is found, the licensee is 
asked to correct the violation and no fine is imposed.  It is when the 
violation is egregious and/or has been done multiple times that a fine is 
levied.  The department will not need to hire additional employees.
- LOCAL GOVERNMENTS:  This rule only affects licensees of the Insurance 
Department.  It will have no effect on local governments.
- SMALL BUSINESSES:  This rule will have a fiscal impact on individuals and 
agencies licensed to sell insurance in Utah who are found to be violating 
this rule.  Normally when a violation is found, the licensee is asked to 
correct the situation and if they do then no fine is imposed.  It is when the 
violation is egregious and/or has been done multiple times that a fine is 
levied.  Currently violations are occurring weekly.  The amount of a fine for 
an individual can go as high as $2,500 and for an agency $5,000.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Almost all of the 1,600 Utah licensed insurers are large 
businesses.  They will also be required to comply with this rule.  However, 
at this time they are not violating this law by email or on the web.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule will have a fiscal impact 
on individuals and agencies licensed to sell insurance in Utah who are found 
to be violating this rule.  Normally when a violation is found, the licensee 
is asked to correct the situation and if they do then no fine is imposed.  It 
is when the violation is egregious and/or has been done multiple times that a 
fine is levied. Currently violations are occurring weekly.  The amount of a 
fine for an individual can go as high as $2,500 and for an agency $5,000.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule will only affect those violating the 
advertising law and rule.  The majority of those found to be in violation 
will receive instruction on the law and will be asked to correct the problem.  
First time violators will not normally be fined.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36493.htm

No. 36458 (Amendment): R590-225-7. Procedures for Form Filings.
SUMMARY OF THE RULE OR CHANGE:  This rule is being changed requiring a 30-day 
waiting period after filing bail bond forms before using them.  Prior to this 
an insurer could file a bail bond form and then use it immediately.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This change will encourage the department to review bail 
bond form filings within 30 days of receiving them to make sure they are in 
compliance with the law and if not, notify the insurer so they can make the 
necessary changes before using them.  Currently there are just nine surety 
insurance companies that do bail bond business in Utah.  This will have 
little impact on the department's workload and no fiscal impact.
- LOCAL GOVERNMENTS:  Since this rule deals with the relationship between the 
department and its licensees, specifically bail bond suretys, it will have no 
fiscal impact on local governments.
- SMALL BUSINESSES:  This rule only affects bail bond agencies that are small 
businesses in that a surety insurer will no longer be able to issue bail bond 
forms for them to use that are not first reviewed by the department to make 
sure they are in compliance.  Previously, new forms could be used when they 
were filed with the department.  If they were not in compliance with the law 
they would have to then be retrieved from clients and replaced with compliant 
forms.  The change will save what time and money is involved in replacing an 
incorrect form given to a client.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Surety insurers who sell bail bonds will now be required to file 
their new and amended forms with the Insurance Department and wait 30 days 
before using them.  This will require them to wait 30 days when they were 
previously able to file and use immediately.  However, it will also save them 
time and replacement issues when their forms are found to be out of 
compliance with Utah law.  This will only affect nine surety insurance 
companies selling bail bonds in Utah. The change will save what time and 
money is involved in replacing noncompliant form given to an agency and 
client.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Surety insurers who sell bail bonds 
will now be required to file their new and amended forms with the Insurance 
Department and wait 30 days before using them.  This will require them to 
wait 30 days when they were previously able to file and use immediately.  
However, it will also save them time and replacement issues when their forms 
are found to be out of compliance with Utah law.  This will only affect 9 
surety insurance companies selling bail bonds in Utah.  The change will save 
what time and money is involved in replacing non- compliant form given to an 
agency and client.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule may save bail bond insurers and agencies time and 
money replacing non-compliant forms.  This will only affect nine surety 
insurers who are required to file their forms with us and wait 30 days before 
using them.  The savings will likely be minimal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36458.htm



NATURAL RESOURCES
WATER RIGHTS
No. 36455 (Amendment): R655-5-4. Mapping Standards.
SUMMARY OF THE RULE OR CHANGE:  These rules are promulgated pursuant to 
Subsection 73-2-1(3)(b)(i) and Sections 73-3-2, 73-3-3, and 73-3-16.  The 
purpose of this rule is to establish when maps must be submitted and the 
minimum standards that must be met for the maps to be accepted by the State 
Engineer.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The survey method is no longer required on mapping 
standards.  No prior fees required in prior procedures and none required now.
- LOCAL GOVERNMENTS:  The survey method is no longer required on mapping 
standards.  No prior fees required in prior procedures and none required now.
- SMALL BUSINESSES:  The survey method is no longer required on mapping 
standards.  No prior fees required in prior procedures and none required now.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The survey method is no longer required on mapping standards.  No 
prior fees required in prior procedures and none required now.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No cost involved--The survey method 
is no longer required on mapping standards and therefore does not require a 
dollar figure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No physical impact--The survey method is no longer required on 
mapping standards and therefore does not require a dollar figure.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by 
Internet E-mail at marianneburbidge@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36455.htm


WILDLIFE RESOURCES
No. 36494 (Amendment): R657-3. Collection, Importation, Transportation, and 
Possession of Zoological Animals.
SUMMARY OF THE RULE OR CHANGE:  The amendments to this rule:  1) add a 
definition of "Ornamental aquatic animal species"; 2) add a definition of 
"Domestic" and exclude domestic cats, dogs, and swine; 3) add Pilose crayfish 
and Stygobromus utahensis to the prohibited species list; 4) clarify 
California floater to include all floaters of the Anodonta species; 5) 
include all springsnails of the Pyrgulopsis species as controlled; 6) list 
Southern tightcoil as controlled for collection, importation, and possession; 
7) list Western pearlshell as prohibited for collection, importation, and 
possession; 8) list Red-rimmed melania as prohibited for collection, 
importation, and possession; 9) list Blue catfish, Emerald shiner and Burbot 
as prohibited; 10) made the Collection, Importation, Transportation, and 
Possession of Zoological Animals rule consistent with the non-game mammals 
rule; 11) removed the option to capture and relocate porcupine, striped skunk 
and squirrels; 12) removed the requirement to obtain a certificate of 
registration or federal permit to kill Black-billed Magpies, Cowbirds, House 
Sparrows, European Starlings and Domestic Pigeons when found damaging person 
or real property; 13) update language to reflect recent federal changes to 
Utah's Falconry Rule; 14) allow agencies and landowners who register online 
to destroy Canada goose nests and eggs on their property within urban 
environments from March 1 through June 30; 15) remove "zoological" from rule 
text; and 16) make technical corrections as needed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The amendment makes necessary clarifications and 
classification changes to some species and places the rule in line with 
federal guidelines.  The Division of Wildlife Resources (DWR) determines that 
theses amendments will not create any cost or savings impact to the state 
budget or DWR's budget, since the changes will not increase workload and can 
be carried out with existing budget.
- LOCAL GOVERNMENTS:  None--This filing does not create any direct cost or 
savings impact to local governments because they are not directly affected by 
the rule.  Nor are local governments indirectly impacted because the rule 
does not create a situation requiring services from local governments.
- SMALL BUSINESSES:  These amendments clarify wording and classification 
changes for some species.  Therefore, this rule does not impose any 
additional financial requirements on persons, nor generate a cost or savings 
impact to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: These amendments clarify wording and classification changes for 
some species.  Therefore, this rule does not impose any additional financial 
requirements on persons, nor generate a cost or savings impact to other 
persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The amendments are for clarification 
and to become in step with federal guidelines.  DWR determines that there are 
no additional compliance costs associated with this amendment.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36494.htm



REGENTS (BOARD OF)
ADMINISTRATION
No. 36447 (Repeal): R765-626. Lender-of-Last-Resort Program.
SUMMARY OF THE RULE OR CHANGE:  Repeal of rule is necessary since it applied 
to a federal program that no longer exists.  This rule is repealed in its 
entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no costs nor savings to state budgets as this 
rule did not rely on state funding.
- LOCAL GOVERNMENTS:  There are no costs nor savings to local governments 
since this rule applied to a federal program that did not require any local 
government funding or budgets.
- SMALL BUSINESSES:  This rule never applied small businesses and therefore 
its repeal has no effect on costs nor savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Repealing this rule presents no costs or savings to any individual 
since it pertains to a now defunct program that was replaced by a federal 
program offering student loans directly to students through schools.  The 
lender of last resort program was a safeguard for borrowers who may have been 
denied a loan from a local lender but still needed a loan and were eligible.  
The new process using the Direct Loan Program does not require a lender of 
last resort since there is only one lender which must provide loans to all 
eligible applicants.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for any 
individual.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There were no fiscal impacts on businesses when this rule was 
valid and therefore will be no fiscal impacts with its repeal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by 
Internet E-mail at rcrossley@utahsbr.edu
THIS RULE MAY BECOME EFFECTIVE ON:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36447.htm



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 36498 (Amendment): R986-700-716. CC in Unusual Circumstances.
SUMMARY OF THE RULE OR CHANGE:  Currently, special permission is needed 
before a client can use a license exempt child care provider if child care is 
needed between the hours of 9 p.m. and 6 a.m.  This proposed amendment will 
make it so special permission is only necessary for child care between 
midnight and 6 a.m.  Many of our clients work later in the day or work swing 
shifts.  This will make it easier for our clients to obtain child care.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This applies to federally-funded programs so there are 
no costs or savings to the state budget.
- LOCAL GOVERNMENTS:  This is a federally-funded program so there are no 
costs or savings to 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 to persons other than small businesses, 
businesses or local government entities to comply with these changes because 
there are no costs or fees associated with these proposed changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  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.
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.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
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:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36498.htm

No. 36499 (Amendment): R986-900-902. Options and Waivers.
SUMMARY OF THE RULE OR CHANGE:  The Department will no longer exempt able-
bodied adults with no dependent children from the work requirements 
regardless of where they live.  Additionally, the Department is also 
correcting information about when the offices are open.  Finally, a new pilot 
program where no interview will be needed for eligibility for food stamps is 
being announced.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Food stamps are federally-funded so there are no costs 
or savings to the state budget.
- LOCAL GOVERNMENTS:  Food stamps are federally-funded so there are no costs 
or savings to the budget of local governments.
- SMALL BUSINESSES:  There will be no costs to small businesses to comply 
with these changes because this is a federally-funded program.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no costs to persons other than small businesses, 
businesses or local government entities to comply with these changes because 
there are no costs or fees associated with these proposed changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  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.
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.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
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:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36499.htm


HOUSING AND COMMUNITY DEVELOPMENT
No. 36487 (New Rule): R990-12. State Small Business Credit Initiative Program 
Fund.
SUMMARY OF THE RULE OR CHANGE:  This rule identifies processes and procedures 
on providing loans and loan guarantees to small businesses, establishes a 
loan loss reserve fund and credit advisory committee, and notifies the public 
how the funds will be administered.  (DAR NOTE:  A corresponding 120-day 
(emergency) rule that is effective as of 07/12/2012 is under DAR No. 36486 in 
this issue, August 1, 2012, of the Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget not already contemplated by the statute.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  This program is currently funded entirely by federal funds.  Any 
costs will be paid from the federal funding.
- SMALL BUSINESSES:  There are no anticipated costs or savings to any small 
business but should improve the availability of credit to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to local government.  
This program is entirely funded by federal funds.  Any costs will be paid 
from the federal funding.  The program is for funding small businesses and 
will not impact local government.
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.
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 except it may help small businesses.  This is a federally-funded 
program to help small businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2012
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:  09/07/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36487.htm




4.  NOTICES OF 120-DAY (EMERGENCY) RULES

An agency may file a 120-Day (Emergency) Rule when it finds that the regular 
rulemaking procedures would:
(a) cause an imminent peril to the public health, safety, or welfare;
(b) cause an imminent budget reduction because of budget restraints or 
federal requirements; or
(c) place the agency in violation of federal or state law (Subsection 63G-3-
304(1)).

A 120-Day Rule is effective at the moment the Division of Administrative 
Rules receives the filing, or on a later date designated by the agency.  A 
120-Day Rule is effective for 120 days or until it is superseded by a 
permanent rule.

Because 120-Day Rules are effective immediately, the law does not require a 
public comment period.  However, when an agency files a 120-Day Rule, it 
usually files a Proposed Rule at the same time, to make the requirements 
permanent.  Comment may be made on the Proposed Rule.

Emergency or 120-Day Rules are governed by Section 63G-3-304; and Section 
R15-4-8.


AGRICULTURE AND FOOD
REGULATORY SERVICES
No. 36465 (Emergency Rule): R70-330. Raw Milk for Retail.
SUMMARY OF THE RULE OR CHANGE:  The rule change clarifies the bacteriological 
standard, and implements suspension as the regulatory action.
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal 
or state law.
JUSTIFICATION:  This emergency is needed because the department Rule R70-330 
is in conflict with Title 4, Chapter 3.  This conflict has created confusion 
among regulators and the regulated community and needs to be rectified 
immediately.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No cost or savings will be incurred, as the agency is 
already using the regulatory action specified in the statute.
- LOCAL GOVERNMENTS:  No cost or savings to local governments.  Local 
governments are not involved in raw milk regulation.
- SMALL BUSINESSES:  There will be no change in how the agency interfaces 
with small businesses.  No cost or savings will be incurred.  The agency is 
already using the procedure specified in Subsection 4-3-14(6)(a).  There 
should be no additional costs or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No other affected persons have been identified.  No cost or saving 
has been identified.  The agency is already using the procedure specified in 
Subsection 4-3-14(6)(a).  There should be no additional costs or savings to 
small businesses.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The compliance for affected persons 
will not change.  The agency is already using the procedure specified in 
Subsection 4-3-14(6)(a).  There should be no additional costs or savings to 
small businesses.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Division has identified an emergency need to make this rule 
congruent with state law.  It will not change the enforcement procedures or 
costs.  As the Division is already using the regulatory procedures specified 
in Subsection 4-3-14(6)(a), there should be no additional costs or savings to 
the dairies.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Don McClellan by phone at 801-538-7145, by FAX at 801-538-7126, or by 
Internet E-mail at dmcclellan@utah.gov
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at kylestephens@utah.gov
- Richard Clark by phone at 801-538-7150, by FAX at 801-538-7126, or by 
Internet E-mail at richardwclark@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36465.htm



WORKFORCE SERVICES
HOUSING AND COMMUNITY DEVELOPMENT
No. 36486 (Emergency Rule): R990-12. State Small Business Credit Initiative 
Program Fund.
SUMMARY OF THE RULE OR CHANGE:  The rule identifies processes and procedures 
on providing loans and loan guarantees to small businesses, establishes a 
loan loss reserve fund and credit advisory committee, and notifies the public 
how the funds will be administered.  (DAR NOTE:  A corresponding proposed new 
rule is under DAR No. 36487 in this issue, August 1, 2012, of the Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal 
or state law.
JUSTIFICATION:  This rule was originally filed when the program was under the 
authority of the Department of Community and Culture.  The division was moved 
to the Department of Workforce Services on 07/01/2012 but the original 
emergency rule expired.  This program provides loans and loan guarantees for 
small businesses with funding provided by the federal government.  It would 
place the Department in violation of our federal contract requirements to 
continue to operate this program without this rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget not already contemplated by the statute.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government.  This program is entirely funded by federal funds.  Any costs 
will be paid from the federal funding.  The program is for funding small 
businesses and will not impact local governments.
- SMALL BUSINESSES:  There are no anticipated costs or savings to any small 
business but should improve the availability of credit to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no costs or savings to any persons other than small 
businesses, businesses, or local governmental entities.  This program is 
currently funded entirely by federal funds.  Any costs will be paid from the 
federal funding.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no costs or savings to any 
affected persons as there are no fees associated with this program as it is 
federally funded.
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 except it may help small businesses.  This is a federally funded 
program to help small businesses.
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:  07/12/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36486.htm




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

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

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

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


AGRICULTURE AND FOOD
MARKETING AND DEVELOPMENT
No. 36489 (5-year Review): R65-2. Utah Cherry Marketing Order.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The cherry producers of Utah are subject to weather and pricing volatility 
beyond their control.  This marketing order helps provide stability to the 
industry by providing a venue where all producers can sell their product 
cooperatively by combining their production of cherries to secure greater 
share in the market place and demand a higher price.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jed Christenson by phone at 801-538-7108, by FAX at 801-538-7126, or by 
Internet E-mail at jedchristenson@utah.gov
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at kylestephens@utah.gov
EFFECTIVE:  07/12/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36489.htm

No. 36488 (5-year Review): R65-5. Utah Red Tart and Sour Cherry Marketing 
Order.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The red tart and sour cherry producers of Utah are subject to weather and 
pricing volatility beyond their control.  This marketing order helps provide 
stability to the industry by providing a venue where all producers can sell 
their product cooperatively by combining their production of red tart and 
sour cherries to secure greater share in the market place and demand a higher 
price.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jed Christenson by phone at 801-538-7108, by FAX at 801-538-7126, or by 
Internet E-mail at jedchristenson@utah.gov
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at kylestephens@utah.gov
EFFECTIVE:  07/12/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36488.htm

No. 36490 (5-year Review): R65-11. Utah Sheep Marketing Order.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The sheep industry voted to establish this marketing order to improve 
conditions of their industry through increased sales and profitability.  Lamb 
and wool prices are at an all time high which adds credence to the 
effectiveness of this marketing order.  Continuation of the order will help 
ensure a robust industry.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jed Christenson by phone at 801-538-7108, by FAX at 801-538-7126, or by 
Internet E-mail at jedchristenson@utah.gov
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at kylestephens@utah.gov
EFFECTIVE:  07/12/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36490.htm



COMMERCE
SECURITIES
No. 36459 (5-year Review): R164-1. Fraudulent 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 assists the public and courts in interpreting "act, practice, or 
course of business which operates or would operate as a fraud or deceit upon 
any person" and should be continued.  The list is not all-inclusive, but 
provides examples of conduct deemed to be fraudulent in nature.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by 
Internet E-mail at clyons@utah.gov
- Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by 
Internet E-mail at kwoodwell@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36459.htm

No. 36460 (5-year Review): R164-4. Licensing Requirements.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Utah Uniform Securities Act requires that to act as a broker-dealer, 
broker-dealer agent, issuer agent, investment adviser, or as an investment 
adviser representative, a person or entity must be appropriately licensed.  
Rule R164-4 describes the procedures and requirements for obtaining the 
appropriate licenses and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by 
Internet E-mail at clyons@utah.gov
- Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by 
Internet E-mail at kwoodwell@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36460.htm

No. 36461 (5-year Review): R164-5. Broker-Dealer and Investment Adviser Books 
and Records.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R164-5 provides guidance in interpreting Section 61-1-5 of the Act and 
identifies specific books, records, financial reports and other information 
that must be maintained by Division licensees, and the rule should be 
continued.  Rule R164-5 does not impose additional requirements upon 
licensees but rather clarifies the requirements of the Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by 
Internet E-mail at clyons@utah.gov
- Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by 
Internet E-mail at kwoodwell@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36461.htm

No. 36462 (5-year Review): R164-6. Denial, Suspension or Revocation of a 
License.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The grounds for taking disciplinary action under Section 61-1-6 of the Act 
include engaging in "dishonest or unethical practices in the securities 
business."  Rule R164-6 assists the public and courts in interpreting 
"dishonest or unethical practices" by identifying specific acts deemed to be 
dishonest or unethical and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by 
Internet E-mail at clyons@utah.gov
- Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by 
Internet E-mail at kwoodwell@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36462.htm

No. 36463 (5-year Review): R164-18. Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R164-18 provides clarification for the public as to which actions will 
be conducted on an informal basis and should be continued.  This 
clarification helps the public understand what procedures are used in various 
actions taken by the Division.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by 
Internet E-mail at clyons@utah.gov
- Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by 
Internet E-mail at kwoodwell@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36463.htm

No. 36464 (5-year Review): R164-25. Record of Registration.
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 assists the public in interpreting the Act by providing guidelines 
for requesting interpretive opinions and no-action letters and should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by 
Internet E-mail at clyons@utah.gov
- Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by 
Internet E-mail at kwoodwell@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36464.htm



ENVIRONMENTAL QUALITY
WATER QUALITY
No. 36457 (5-year Review): R317-10. Certification of Wastewater Works 
Operators.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule is required for the Water Quality Board to implement the state's 
Wastewater Operator Certification Program as outlined in the Water Quality 
Act.  The certification program is established in order to assist in 
protecting the quality of waters in the state of Utah; to protect the public 
health and the environment; to provide for the health and safety of 
wastewater works operators; and to establish standards and methods whereby 
wastewater works operating personnel can demonstrate competency.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by 
Internet E-mail at jetherington@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36457.htm

No. 36456 (5-year Review): R317-100. Utah State Project Priority System for 
the Utah Wastewater Project Assistance Program.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The priority ranking system is used to rank wastewater projects for possible 
state and federal funding assistance.  It is a needed component of the state 
wastewater project assistance program, and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by 
Internet E-mail at jetherington@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36456.htm



HUMAN SERVICES
AGING AND ADULT SERVICES
No. 36477 (5-year Review): R510-1. Authority and Purpose.
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 states all of the statutes under which the Division operates and is 
the only source available which brings together both the state statutes and 
the various federal statutes which authorize the various programs housed in 
the Division.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36477.htm

No. 36478 (5-year Review): R510-100. Funding Formulas.
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 lays out the categories and weights of the components that make up 
the Division's funding formula.  This information is required by both state 
and federal statutes.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36478.htm

No. 36479 (5-year Review): R510-101. Carryover Policy for Title III: Grants 
for State and Community Programs on Aging.
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 codifies how unspent funds can be used after a particular funding 
year is over.  Without the rule, these funds would remain unspent and would 
eventually lapse back the federal government.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36479.htm

No. 36466 (5-year Review): R510-102. Amendments to Area Plan and Management 
Plan.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The process for amending area plans is still needed by the Division in order 
to comply with Older Americans Act requirements.  Therefore, this rule should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36466.htm

No. 36467 (5-year Review): R510-103. Use of Senior Centers by Long-Term Care 
Facility Residents Participating in Activities Outside Their Planning and 
Service Area.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The exception to the eligibility rules remains in effect per the Older 
Americans Act, and the rule clarifies the exception for current use.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36467.htm

No. 36468 (5-year Review): R510-106. Minimum Percentages of Older Americans 
Act, Title III Part B: State and Supportive Services Funds.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is required to maintain the minimum funding percentages as required 
by the Older Americans Act.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36468.htm

No. 36469 (5-year Review): R510-107. Title V Senior Community Service 
Employment Program Standards and Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This program is still active and the this rule is still a requirement of the 
grant from the Department of Labor.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36469.htm

No. 36470 (5-year Review): R510-108. Definition of Rural for Title III: 
Grants for State and Community Programs on Aging Reporting Under the Older 
Americans Act.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is still referenced with regard to the Division's funding formula 
and four year plan submitted to the Administration on Aging.  Therefore, this 
rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36470.htm

No. 36471 (5-year Review): R510-109. Definition of Significant Population of 
Older Native Americans.
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 still referenced when developing area plans and funding formulas 
as required by the Older Americans Act.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36471.htm

No. 36472 (5-year Review): R510-110. Policy Regarding Contractual 
Involvements of Area Agencies on Aging for Private Eldercare and Case 
Management Services.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
These services are still performed by the Area Agencies and these 
requirements are still in place.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36472.htm

No. 36473 (5-year Review): R510-111. Policy on Use of State Funding for 
Travel Expenses to Assist the National Senior Service Corps (NSSC).
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
There is still a need for this direction with regard to funds available for 
current senior volunteer programs.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36473.htm

No. 36474 (5-year Review): R510-200. Long-Term Care Ombudsman Program Policy.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This program is still actively administered by the Division and Area Agencies 
and requires the policies contained in this rule to be in place.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36474.htm

No. 36475 (5-year Review): R510-302. Adult Protective Services.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This program is still actively administered by the Division and requires the 
policies contained in this rule to be in place.  Therefore, this rule should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36475.htm

No. 36476 (5-year Review): R510-400. Home and Community Based Alternatives 
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 program is still actively administered by the Division and Area Agencies 
and requires the policies contained in this rule to be in place.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by 
Internet E-mail at nholmgren@utah.gov
EFFECTIVE:  07/11/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36476.htm



INSURANCE
ADMINISTRATION
No. 36501 (5-year Review): R590-148. Long-Term Care Insurance 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 is a major protection to the consumer. The department has 
incorporated a rate stability requirement approved by the industry through 
the NAIC.  As the Utah population ages, we will need better guidance and 
protections for the aging.  This rule will provide better understanding of 
products being sold. The rule requires better analysis by the producer of the 
suitability of the product they are selling to an individual.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
EFFECTIVE:  07/16/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36501.htm

No. 36485 (5-year Review): R590-151. Records Access 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 establishes fair and reasonable records management and access 
practices allowing the public access to public records and restricting those 
records that are private in an attempt to prevent abuses in regards to these 
records.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
EFFECTIVE:  07/12/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36485.htm

No. 36500 (5-year Review): R590-241. Rule to Recognize the Preferred 
Mortality Tables for Use in Determining Minimum Reserve Liabilities.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule was developed to recognize, permit, and prescribe the use of 
mortality tables that reflect differences in mortality between preferred and 
standard lives in determining minimum reserve liabilities.  Without this 
rule, insurance companies would have to raise reserves held in support of the 
preferred business which in turn would require them to raise rates for the 
best risks.  The rule enables more equitable pricing of life insurance 
policies.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
EFFECTIVE:  07/16/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36500.htm



MONEY MANAGEMENT COUNCIL
ADMINISTRATION
No. 36453 (5-year Review): R628-2. Investment of Funds of Public Education 
Foundations Established under Section 53A-4-205 or Funds Acquired by Gift, 
Devise or Bequest.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The nature of these types of permanent foundation funds means that there 
needs to be a different set of investment criteria in place than what is 
allowed for most other types of public funds.  This rule provides for 
investment in high quality longer term securities and mutual funds needed for 
public education foundations.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by 
Internet E-mail at apedroza@utah.gov
EFFECTIVE:  07/10/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36453.htm



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 36448 (5-year Review): R657-14. Commercial Harvesting of Protected 
Aquatic Wildlife.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R657-14 provides the procedures, standards, and requirements for:  
harvesting protected aquatic wildlife for use as fish bait; commercially 
harvesting brine shrimp and brine shrimp eggs; and seining protected 
wildlife.  The provisions adopted in this rule are effective.  Continuation 
of this rule is necessary for continued success for allowing harvesting of 
protected aquatic wildlife for use as fish bait and seining protected 
wildlife.
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:  07/09/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120801/36448.htm




6.  NOTICES OF RULE EFFECTIVE DATES

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

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


AGRICULTURE AND FOOD
ANIMAL INDUSTRY
No. 36164  (AMD): R58-21.  Trichomoniasis
Published:  06/01/2012
Effective:  07/10/2012


REGULATORY SERVICES
No. 36147  (NEW): R70-520.  Standard of Identity and Labeling Requirements 
for Honey
Published:  06/01/2012
Effective:  07/10/2012



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36157  (AMD): R156-55a-602.  Contractor License Bonds
Published:  06/01/2012
Effective:  07/09/2012

No. 36189  (AMD): R156-60a.  Social Worker Licensing Act Rule
Published:  06/01/2012
Effective:  07/09/2012

No. 36181  (AMD): R156-69-302d.  Licensing of Dentist-Educators
Published:  06/01/2012
Effective:  07/09/2012

No. 36183  (AMD): R156-75.  Genetic Counselors Licensing Act Rule
Published:  06/01/2012
Effective:  07/09/2012



EDUCATION
ADMINISTRATION
No. 36199  (AMD): R277-407-3.  Classes and Activities During the Regular 
School Day
Published:  06/01/2012
Effective:  07/09/2012

No. 36200  (AMD): R277-437-3.  Local School Board and District 
Responsibilities
Published:  06/01/2012
Effective:  07/09/2012

No. 36201  (AMD): R277-491.  School Community Councils
Published:  06/01/2012
Effective:  07/09/2012

No. 36202  (AMD): R277-497-3.  Board Responsibilities
Published:  06/01/2012
Effective:  07/09/2012

No. 36203  (AMD): R277-500.  Educator Licensing Renewal, Timelines, and 
Required Fingerprint Background Checks (Effective Beginning July 1, 2012)
Published:  06/01/2012
Effective:  07/09/2012

No. 36204  (REP): R277-501.  Educator Licensing Renewal, Timelines, and 
Required Fingerprint Background Checks (Effective Through June 30, 2012)
Published:  06/01/2012
Effective:  07/09/2012

No. 36205  (AMD): R277-524.  Paraprofessional Qualifications
Published:  06/01/2012
Effective:  07/09/2012

No. 36206  (AMD): R277-800.  Utah Schools for the Deaf and the Blind
Published:  06/01/2012
Effective:  07/09/2012



HUMAN RESOURCE MANAGEMENT
ADMINISTRATION
No. 36211  (AMD): R477-6.  Compensation
Published:  06/01/2012
Effective:  07/10/2012

No. 35880  (AMD): R477-6-5.  Incentive Awards
Published:  03/15/2012
Effective:  07/10/2012



INSURANCE
ADMINISTRATION
No. 36222  (NEW): R590-264.  Property and Casualty Actuarial Opinion Rule
Published:  06/01/2012
Effective:  07/13/2012



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 36158  (AMD): R657-5.  Taking Big Game
Published:  06/01/2012
Effective:  07/09/2012

No. 36159  (AMD): R657-62.  Drawing Application Procedures
Published:  06/01/2012
Effective:  07/09/2012



PUBLIC SAFETY
FIRE MARSHAL
No. 36188  (AMD): R710-7-2.  Definitions
Published:  06/01/2012
Effective:  07/10/2012



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 36195  (AMD): R746-100.  Practice and Procedures Governing Formal 
Hearings
Published:  06/01/2012
Effective:  07/09/2012

No. 36208  (AMD): R746-405-2.  Format and Construction of Tariffs
Published:  06/01/2012
Effective:  07/09/2012



REGENTS (BOARD OF)
ADMINISTRATION
No. 36165  (AMD): R765-604.  New Century Scholarship
Published:  06/01/2012
Effective:  07/09/2012



TRANSPORTATION
ADMINISTRATION
No. 36178  (AMD): R907-68.  Prioritization of New Transportation Capacity 
Projects
Published:  06/01/2012
Effective:  07/09/2012



WORKFORCE SERVICES
ADMINISTRATION
No. 36193  (NEW): R982-401.  Energy Assistance:  General Provisions
Published:  06/01/2012
Effective:  07/09/2012

No. 36194  (NEW): R982-402.  Energy Assistance Programs Standards
Published:  06/01/2012
Effective:  07/09/2012

No. 36196  (NEW): R982-403.  Energy Assistance Income Standards, Income 
Eligibility, and Payment Determination
Published:  06/01/2012
Effective:  07/09/2012

No. 36197  (NEW): R982-404.  Energy Assistance:  Asset Standards
Published:  06/01/2012
Effective:  07/09/2012

No. 36207  (NEW): R982-405.  Energy Assistance:  Program Benefits
Published:  06/01/2012
Effective:  07/09/2012

No. 36209  (NEW): R982-406.  Energy Assistance:  Eligibility Determination
Published:  06/01/2012
Effective:  07/09/2012

No. 36210  (NEW): R982-407.  Energy Assistance:  Records and Benefit 
Management
Published:  06/01/2012
Effective:  07/09/2012

No. 36212  (NEW): R982-408.  Energy Assistance:  Special State Programs
Published:  06/01/2012
Effective:  07/09/2012

No. 36213  (NEW): R982-501.  Olene Walker Housing Loan Fund (OWHLF)
Published:  06/01/2012
Effective:  07/09/2012

Employment Development
No. 36133  (AMD): R986-200-221.  Drug Testing Requirements
Published:  05/15/2012
Effective:  08/01/2012

Housing and Community Development
No. 36216  (NEW): R990-8.  Permanent Community Impact Fund Board Review and 
Approval of Applications for Funding Assistance
Published:  06/01/2012
Effective:  07/09/2012

No. 36217  (NEW): R990-9.  Policy Concerning Enforceability and Taxability of 
Bonds Purchased
Published:  06/01/2012
Effective:  07/09/2012

No. 36218  (NEW): R990-10.  Procedures in Case of Inability to Formulate 
Contract for Alleviation of Impact
Published:  06/01/2012
Effective:  07/09/2012

No. 36219  (NEW): R990-11.  Community Development Block Grants (CDBG)
Published:  06/01/2012
Effective:  07/09/2012

No. 36221  (NEW): R990-100.  Community Services Block Grant Rules
Published:  06/01/2012
Effective:  07/09/2012

No. 36220  (NEW): R990-101.  Qualified Emergency Food Agencies Fund (QEFAF)
Published:  06/01/2012
Effective:  07/09/2012


UNEMPLOYMENT INSURANCE
No. 36223  (AMD): R994-403.  Claim for Benefits
Published:  06/01/2012
Effective:  07/09/2012

No. 36224  (AMD): R994-405.  Ineligibility for Benefits
Published:  06/01/2012
Effective:  07/09/2012




7.  RULES INDEX

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


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